SB 822 — VEH CD-MISCELLANEOUS

SB0822 EngrossedEnrolled LRB100 08807 AXK 18947 b AN ACT concerning transportation.

SB0822 EngrossedEnrolled - 2 - LRB100 08807 AXK 18947 b 4.

Violation of paragraph (a) of Section 11-502 of SB0822 EngrossedEnrolled - 3 - LRB100 08807 AXK 18947 b this Code or a similar provision of a local ordinance if the driver has been previously convicted of a violation of that Section or a similar provision of a local ordinance and the driver was less than 21 years of age at the time of the offense;

A second or subsequent conviction of illegal possession, while operating or in actual physical control, as a driver, of a motor vehicle, of any controlled SB0822 EngrossedEnrolled - 4 - LRB100 08807 AXK 18947 b 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.

Of any person when any other law of this State SB0822 EngrossedEnrolled - 5 - LRB100 08807 AXK 18947 b requires either the revocation or suspension of a license or permit;

(c)(1) Whenever a person is convicted of any of the offenses enumerated in this Section, the court may recommend and the Secretary of State in his discretion, without regard to whether the recommendation is made by the court may, upon application, issue to the person 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 for the receipt of necessary medical care or 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 SB0822 EngrossedEnrolled - 6 - LRB100 08807 AXK 18947 b accredited educational institution, or to allow the petitioner to transport children, elderly persons, or persons with disabilities who do not hold driving privileges and are living in the petitioner's household to and from daycare;

(A) a minimum of 3 years of uninterrupted abstinence from alcohol and the unlawful use or consumption of cannabis under the Cannabis Control Act, a controlled substance under the Illinois Controlled Substances Act, an intoxicating compound SB0822 EngrossedEnrolled - 7 - LRB100 08807 AXK 18947 b under the Use of Intoxicating Compounds Act, or methamphetamine under the Methamphetamine Control and Community Protection Act;

The Secretary SB0822 EngrossedEnrolled - 8 - LRB100 08807 AXK 18947 b may revoke a restricted driving permit or amend the conditions of a restricted driving permit issued under this paragraph (1.5) if the holder operates a vehicle that is not equipped with an ignition interlock device, or for any other reason authorized under this Code.

(A) a person's license or permit is revoked or SB0822 EngrossedEnrolled - 9 - LRB100 08807 AXK 18947 b suspended 2 or more times due to any combination of:

(4) The person issued a permit conditioned on the use of an ignition interlock device must pay to the Secretary SB0822 EngrossedEnrolled - 10 - LRB100 08807 AXK 18947 b of State DUI Administration Fund an amount not to exceed $30 per month.

A restricted driving permit issued under this Section shall be subject to cancellation, revocation, and suspension by the Secretary of State in SB0822 EngrossedEnrolled - 11 - LRB100 08807 AXK 18947 b like manner and for like cause as a driver's license issued under this Code may be cancelled, revoked, or suspended;

The person may not make application SB0822 EngrossedEnrolled - 12 - LRB100 08807 AXK 18947 b for a license or permit until the expiration of five years from the effective date of the revocation or the expiration of five years from the date of release from a term of imprisonment, whichever is later.

After this one-year period, and upon reapplication for a license as provided in Section 6-106, upon payment of the appropriate reinstatement fee provided under paragraph (b) of Section 6-118, the Secretary of State, in his discretion, may reinstate the petitioner's driver's license and driving SB0822 EngrossedEnrolled - 13 - LRB100 08807 AXK 18947 b privileges, or extend the restricted driving permit as many times as the Secretary of State deems appropriate, by additional periods of not more than 12 months each.

or SB0822 EngrossedEnrolled - 14 - LRB100 08807 AXK 18947 b (C) a suspension pursuant to Section 6-203.1;

For any person who, within a 5-year period, is convicted of a second or subsequent SB0822 EngrossedEnrolled - 15 - LRB100 08807 AXK 18947 b offense under Section 11-501 of this Code, or a similar provision of a local ordinance or similar out-of-state offense, this employment exemption does not apply until either a one-year period has elapsed during which that person had his or her driving privileges revoked or a one-year period has elapsed during which that person had a restricted driving permit which required the use of an ignition interlock device on every motor vehicle owned or operated by that person.

The Secretary may not, at any time, issue a license SB0822 EngrossedEnrolled - 16 - LRB100 08807 AXK 18947 b or permit to that person.

During the time period in which a person is required to install an ignition interlock device under this subsection (h), that person shall only operate vehicles in which ignition interlock devices have been installed, except as allowed by subdivision (c)(5) or (d)(5) of SB0822 EngrossedEnrolled - 17 - LRB100 08807 AXK 18947 b this Section.

SB0822 EngrossedEnrolled - 18 - LRB100 08807 AXK 18947 b (2) Alcohol concentration.

"Commercial SB0822 EngrossedEnrolled - 19 - LRB100 08807 AXK 18947 b driver's license downgrade" or "CDL downgrade" means either:

(i) has a gross combination weight rating or gross combination weight of 11,794 kilograms or more (26,001 pounds or more), whichever is greater, inclusive of any towed unit with a gross vehicle weight rating or gross vehicle weight of more than 4,536 kilograms (10,000 SB0822 EngrossedEnrolled - 20 - LRB100 08807 AXK 18947 b pounds), whichever is greater;

or (iii) firefighting, police, and other emergency equipment (including, without limitation, equipment owned or operated by a HazMat or technical rescue team SB0822 EngrossedEnrolled - 21 - LRB100 08807 AXK 18947 b authorized by a county board under Section 5-1127 of the Counties Code), with audible and visual signals, owned or operated by or for a governmental entity, which is necessary to the preservation of life or property or the execution of emergency governmental functions which are normally not subject to general traffic rules and regulations.

SB0822 EngrossedEnrolled - 22 - LRB100 08807 AXK 18947 b (9) (Blank).

"Employer" means a person (including the United States, a State or a local authority) who owns or leases a commercial motor vehicle or assigns employees to operate such SB0822 EngrossedEnrolled - 23 - LRB100 08807 AXK 18947 b a vehicle.

"Foreign jurisdiction" means a sovereign jurisdiction that does not fall within the definition SB0822 EngrossedEnrolled - 24 - LRB100 08807 AXK 18947 b of "State".

"Long-term lease" means a lease of a SB0822 EngrossedEnrolled - 25 - LRB100 08807 AXK 18947 b commercial motor vehicle by the owner-lessor to a lessee, for a period of more than 29 days.

"Medical variance" means a driver SB0822 EngrossedEnrolled - 26 - LRB100 08807 AXK 18947 b has received one of the following from the Federal Motor Carrier Safety Administration which allows the driver to be issued a medical certificate:

SB0822 EngrossedEnrolled - 27 - LRB100 08807 AXK 18947 b (22.7) Non-excepted interstate.

(B) Any other similar law or local ordinance of any SB0822 EngrossedEnrolled - 28 - LRB100 08807 AXK 18947 b state relating to railroad-highway grade crossing.

or SB0822 EngrossedEnrolled - 29 - LRB100 08807 AXK 18947 b (vii) a violation relating to following another vehicle too closely;

(1) Texting includes, but is not limited to, short message service, emailing, instant messaging, a command or request to access a World Wide Web page, pressing more than a single button to initiate or terminate a voice communication using a mobile telephone, or engaging in any other form of electronic text retrieval or entry for SB0822 EngrossedEnrolled - 30 - LRB100 08807 AXK 18947 b present or future communication.

SB0822 EngrossedEnrolled - 31 - LRB100 08807 AXK 18947 b (33) Use a hand-held mobile telephone.

(1) the driver applicant's full legal name and current Illinois domiciliary address, unless the driver applicant is from a foreign country and is applying for a non-domiciled CLP in which case the driver applicant shall SB0822 EngrossedEnrolled - 32 - LRB100 08807 AXK 18947 b submit proof of Illinois residency or the driver applicant is from another state and is applying for a non-domiciled CLP in which case the driver applicant shall submit proof of domicile in the state which issued the driver applicant's Non-CDL;

SB0822 EngrossedEnrolled - 33 - LRB100 08807 AXK 18947 b (b) Except as provided in subsection (b-5), no No CLP shall be issued to a driver applicant unless the applicant has taken and passed a general knowledge test that meets the federal standards contained in 49 C.F.R.

(c) No CLP shall be issued to a driver applicant unless the applicant possesses a valid Illinois driver's license or if the SB0822 EngrossedEnrolled - 34 - LRB100 08807 AXK 18947 b applicant is applying for a non-domiciled CLP under subsection (b) of Section 6-509 of this Code, in which case the driver applicant must possess a valid driver's license from his or her state of domicile.

nor may a CLP be issued to a person who has a CLP or CDL issued by any other state or foreign jurisdiction, unless the person SB0822 EngrossedEnrolled - 35 - LRB100 08807 AXK 18947 b surrenders all of these licenses.

(4) All other federal endorsements are prohibited on a SB0822 EngrossedEnrolled - 36 - LRB100 08807 AXK 18947 b CLP.

(a) It shall be unlawful for any person to drive a CMV in SB0822 EngrossedEnrolled - 37 - LRB100 08807 AXK 18947 b non-excepted interstate commerce unless the person holds a CLP or CDL and is medically certified as physically qualified to do so.

(e) Before June 22, 2018, Within 10 calendar days of receipt of a medical examiner's certificate of a driver who has certified as non-excepted interstate, the Secretary shall post the following to the CDLIS driver record within 10 calendar days of receipt of a medical examiner's certificate of a driver SB0822 EngrossedEnrolled - 38 - LRB100 08807 AXK 18947 b who has certified as non-excepted interstate:

(e-5) Beginning June 22, 2018, the Secretary shall post the following to the CDLIS driver record within one business day of electronic receipt from the Federal Motor Carrier Safety Administration of a driver's identification, examination results, restriction information, and medical variance SB0822 EngrossedEnrolled - 39 - LRB100 08807 AXK 18947 b information resulting from an examination performed by a medical examiner on the National Registry of Certified Medical Examiners for any driver who has certified as non-excepted interstate:

(f) Within 10 calendar days of the expiration or rescission of the driver's medical examiner's certificate or medical SB0822 EngrossedEnrolled - 40 - LRB100 08807 AXK 18947 b variance or both, the Secretary shall update the medical certification status to "not certified".