Bill Text: IL HB4878 | 2009-2010 | 96th General Assembly | Introduced

---

Bill Title: Amends the Illinois Vehicle Code. Provides that the Secretary of State may conduct random drug testing of applicants for instruction permits who are under the age of 18. Provides that the Secretary may not issue a permit to an applicant who tested positive for the presence of any controlled substance or cannabis. Provides that a person who tests positive for any controlled substance or cannabis must be found to be free of controlled substances and cannabis before he or she may receive an instruction permit. Provides that the Secretary of State shall adopt rules for implementing the new provision and shall prescribe an additional fee, to be added to the fees charged for the issuance of a first-time driver's license, to cover the cost of the testing.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2010-03-03 - Tabled By Sponsor Rep. Roger L. Eddy [HB4878 Detail]

Download: Illinois-2009-HB4878-Introduced.html

---

96TH GENERAL ASSEMBLY State of Illinois 2009 and 2010 HB4878 Introduced 1/15/2010, by Rep. Roger L. Eddy SYNOPSIS AS INTRODUCED:
625 ILCS 5/6-107.1
Amends the Illinois Vehicle Code. Provides that the Secretary of State may conduct random drug testing of applicants for instruction permits who are under the age of 18. Provides that the Secretary may not issue a permit to an applicant who tested positive for the presence of any controlled substance or cannabis. Provides that a person who tests positive for any controlled substance or cannabis must be found to be free of controlled substances and cannabis before he or she may receive an instruction permit. Provides that the Secretary of State shall adopt rules for implementing the new provision and shall prescribe an additional fee, to be added to the fees charged for the issuance of a first-time driver's license, to cover the cost of the testing.
LRB096 15875 AJT 31117 b
FISCAL NOTE ACT MAY APPLY
A BILL FOR
HB4878 LRB096 15875 AJT 31117 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 Vehicle Code is amended by changing
Section 6-107.1 as follows:
(625 ILCS 5/6-107.1)
Sec. 6-107.1. Instruction permit for a minor.
(a) Subject to subsection (d), the The Secretary of State,
upon receiving proper application and payment of the required
fee, may issue an instruction permit to any person under the
age of 18 years who is not ineligible for a license under
paragraphs 1, 3, 4, 5, 7, or 8 of Section 6-103, after the
applicant has successfully passed such examination as the
Secretary of State in his discretion may prescribe.
(1) An instruction permit issued under this Section
shall be valid for a period of 24 months after the date of
its issuance and shall be restricted, by the Secretary of
State, to the operation of a motor vehicle by the minor
only when accompanied by the adult instructor of a driver
education program during enrollment in the program or when
practicing with a parent, legal guardian, family member, or
a person in loco parentis who is 21 years of age or more,
has a license classification to operate such vehicle and at

HB4878 - 2 - LRB096 15875 AJT 31117 b
least one year of driving experience, and who is occupying
a seat beside the driver.
(2) A 24 month instruction permit for a motor driven
cycle may be issued to a person 16 or 17 years of age and
entitles the holder to drive upon the highways during
daylight under direct supervision of a licensed motor
driven cycle operator or motorcycle operator 21 years of
age or older who has a license classification to operate
such motor driven cycle or motorcycle and at least one year
of driving experience.
(3) A 24 month instruction permit for a motorcycle
other than a motor driven cycle may be issued to a person
16 or 17 years of age in accordance with the provisions of
paragraph 2 of Section 6-103 and entitles a holder to drive
upon the highways during daylight under the direct
supervision of a licensed motorcycle operator 21 years of
age or older who has at least one year of driving
experience.
(b) An instruction permit issued under this Section when
issued to a person under the age of 18 years shall, as a matter
of law, be invalid for the operation of any motor vehicle
during the following times:
(1) Between 11:00 p.m. Friday and 6:00 a.m. Saturday;
(2) Between 11:00 p.m. Saturday and 6:00 a.m. on
Sunday; and
(3) Between 10:00 p.m. on Sunday to Thursday,

HB4878 - 3 - LRB096 15875 AJT 31117 b
inclusive, and 6:00 a.m. on the following day.
The instruction permit of a person under the age of 18
shall not be invalid as described in paragraph (b) of this
Section if the instruction permit holder under the age of 18
was:
(1) accompanied by the minor's parent or guardian or
other person in custody or control of the minor;
(2) on an errand at the direction of the minor's parent
or guardian, without any detour or stop;
(3) in a motor vehicle involved in interstate travel;
(4) going to or returning home from an employment
activity, without any detour or stop;
(5) involved in an emergency;
(6) going to or returning home from, without any detour
or stop, an official school, religious, or other
recreational activity supervised by adults and sponsored
by a government or governmental agency, a civic
organization, or another similar entity that takes
responsibility for the licensee, without any detour or
stop;
(7) exercising First Amendment rights protected by the
United States Constitution, such as the free exercise of
religion, freedom of speech, and the right of assembly; or
(8) married or had been married or is an emancipated
minor under the Emancipation of Minors Act.
(b-1) No instruction permit shall be issued to any

HB4878 - 4 - LRB096 15875 AJT 31117 b
applicant who is under the age of 18 years and who has been
certified to be a chronic or habitual truant, as defined in
Section 26-2a of the School Code.
An applicant under the age of 18 years who provides proof
that he or she has resumed regular school attendance or that
his or her application was denied in error shall be eligible to
receive an instruction permit if other requirements are met.
The Secretary shall adopt rules for implementing this
subsection (b-1).
(c) Any person under the age of 16 years who possesses an
instruction permit and whose driving privileges have been
suspended or revoked under the provisions of this Code shall
not be granted a Family Financial Responsibility Driving Permit
or a Restricted Driving Permit.
(d) The Secretary of State may require a random drug test
and may not issue an instruction permit to a person under the
age of 18 if the person tested positive for the presence of any
controlled substances or cannabis.
A person who has tested positive for controlled substances
or cannabis may be issued an instruction permit if he or she is
tested at a later date and tests negative for any controlled
substances or cannabis.
The Secretary shall adopt rules for implementing this
subsection (d). The Secretary shall prescribe a fee, to be
added to the fees charged for a license issued to a new driver,
to cover the cost of this testing.

HB4878 - 5 - LRB096 15875 AJT 31117 b
(Source: P.A. 94-916, eff. 7-1-07; 95-310, eff. 1-1-08.)