Illinois General Assembly

Previous General Assemblies

Full Text of SB0957  97th General Assembly

SB0957enr 97TH GENERAL ASSEMBLY



 


 
SB0957 EnrolledLRB097 04725 HEP 44764 b

1    AN ACT concerning transportation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The State Finance Act is amended by adding
5Section 5.826 as follows:
 
6    (30 ILCS 105/5.826 new)
7    Sec. 5.826. The Driver Services Administration Fund.
 
8    Section 10. The Illinois Vehicle Code is amended by
9changing Sections 6-105.1 and 6-601 as follows:
 
10    (625 ILCS 5/6-105.1)
11    Sec. 6-105.1. Temporary visitor's driver's license.
12    (a) The Secretary of State may issue a temporary visitor's
13driver's license to a foreign national who (i) resides in this
14State, (ii) is ineligible to obtain a social security number,
15and (iii) presents to the Secretary documentation, issued by
16United States Citizenship and Immigration Services,
17authorizing the person's presence in this country.
18    (a-5) The Secretary of State may issue a temporary
19visitor's driver's license to an applicant who (i) has resided
20in this State for a period in excess of one year, (ii) is
21ineligible to obtain a social security number, and (iii) is

 

 

SB0957 Enrolled- 2 -LRB097 04725 HEP 44764 b

1unable to present documentation issued by the United States
2Citizenship and Immigration Services authorizing the person's
3presence in this country. The applicant shall submit a valid
4unexpired passport from the applicant's country of citizenship
5or a valid unexpired consular identification document issued by
6a consulate of that country as defined in Section 5 of the
7Consular Identification Document Act (5 ILCS 230/5).
8    (a-10) Applicants for a temporary visitor's driver's
9license who are under 18 years of age at the time of
10application shall be subject to the provisions of Sections
116-107 and 6-108 of this Code.
12    (b) A temporary visitor's driver's license issued under
13subsection (a) is valid for 3 years, or for the period of time
14the individual is authorized to remain in this country,
15whichever ends sooner. A temporary visitor's driver's license
16issued under subsection (a-5) shall be valid for a period of 3
17years.
18    (b-5) A temporary visitor's driver's license issued under
19this Section may not be accepted for proof of the holder's
20identity. A temporary visitor's driver's license issued under
21this Section shall contain a notice on its face, in capitalized
22letters, stating that the temporary visitor's driver's license
23may not be accepted for proof of identity.
24    (c) The Secretary shall adopt rules for implementing this
25Section, including rules:
26        (1) regarding the design and content of the temporary

 

 

SB0957 Enrolled- 3 -LRB097 04725 HEP 44764 b

1    visitor's driver's license;
2        (2) establishing criteria for proof of identification
3    and residency of an individual applying under subsection
4    (a-5);
5        (3) designating acceptable evidence that an applicant
6    is not eligible for a social security number; and
7        (4) regarding the issuance of temporary visitor's
8    instruction permits.
9    (d) Any person to whom the Secretary of State may issue a
10temporary visitor's driver's license shall be subject to any
11and all provisions of this Code and any and all implementing
12regulations issued by the Secretary of State to the same extent
13as any person issued a driver's license, unless otherwise
14provided in this Code or by administrative rule, including but
15not limited to the examination requirements in Section 6-109 as
16well as the mandatory insurance requirements and penalties set
17forth in Article VI of Chapter 7 of this Code.
18    (d-5) A temporary visitor's driver's license is invalid if
19the holder is unable to provide proof of liability insurance as
20required by Section 7-601 of this Code upon the request of a
21law enforcement officer, in which case the holder commits a
22violation of Section 6-101 of this Code.
23    (e) Temporary visitor's driver's licenses shall be issued
24from a central location after the Secretary of State has
25verified the information provided by the applicant.
26    (f) There is created in the State treasury a special fund

 

 

SB0957 Enrolled- 4 -LRB097 04725 HEP 44764 b

1to be known as the Driver Services Administration Fund. All
2fees collected for the issuance of temporary visitor's driver's
3licenses shall be deposited into the Fund. These funds shall,
4subject to appropriation, be used by the Office of the
5Secretary of State for costs related to the issuance of
6temporary visitor's driver's licenses, and other operational
7costs, including personnel, facilities, computer programming,
8and data transmission.
9(Source: P.A. 93-752, eff. 1-1-05.)
 
10    (625 ILCS 5/6-601)  (from Ch. 95 1/2, par. 6-601)
11    Sec. 6-601. Penalties.
12    (a) It is a petty offense for any person to violate any of
13the provisions of this Chapter unless such violation is by this
14Code or other law of this State declared to be a misdemeanor or
15a felony.
16    (b) General penalties. Unless another penalty is in this
17Code or other laws of this State, every person convicted of a
18petty offense for the violation of any provision of this
19Chapter shall be punished by a fine of not more than $500.
20    (c) Unlicensed driving. Except as hereinafter provided a
21violation of Section 6-101 shall be:
22        1. A Class A misdemeanor if the person failed to obtain
23    a driver's license or permit after expiration of a period
24    of revocation.
25        2. A Class B misdemeanor if the person has been issued

 

 

SB0957 Enrolled- 5 -LRB097 04725 HEP 44764 b

1    a driver's license or permit, which has expired, and if the
2    period of expiration is greater than one year; or if the
3    person has never been issued a driver's license or permit,
4    or is not qualified to obtain a driver's license or permit
5    because of his age.
6        3. A petty offense if the person has been issued a
7    temporary visitor's driver's license or permit and is
8    unable to provide proof of liability insurance as provided
9    in subsection (d-5) of Section 6-105.1.
10    If a licensee under this Code is convicted of violating
11Section 6-303 for operating a motor vehicle during a time when
12such licensee's driver's license was suspended under the
13provisions of Section 6-306.3, then such act shall be a petty
14offense (provided the licensee has answered the charge which
15was the basis of the suspension under Section 6-306.3), and
16there shall be imposed no additional like period of suspension
17as provided in paragraph (b) of Section 6-303.
18(Source: P.A. 96-607, eff. 8-24-09.)
 
19    Section 15. The Consular Identification Document Act is
20amended by changing Section 10 as follows:
 
21    (5 ILCS 230/10)
22    Sec. 10. Acceptance of consular identification document.
23    (a) When requiring members of the public to provide
24identification, each State agency and officer and unit of local

 

 

SB0957 Enrolled- 6 -LRB097 04725 HEP 44764 b

1government shall accept a consular identification document as
2valid identification of a person.
3    (b) A consular identification document shall be accepted
4for purposes of identification only and does not convey an
5independent right to receive benefits of any type.
6    (c) A consular identification document may not be accepted
7as identification for obtaining a driver's license, other than
8a temporary visitor's driver's license, or registering to vote.
9    (d) A consular identification document does not establish
10or indicate lawful U.S. immigration status and may not be
11viewed as valid for that purpose, nor does a consular
12identification document establish a foreign national's right
13to be in the United States or remain in the United States.
14    (e) The requirements of subsection (a) do not apply if:
15        (1) a federal law, regulation, or directive or a
16    federal court decision requires a State agency or officer
17    or a unit of local government to obtain different
18    identification;
19        (2) a federal law, regulation, or directive preempts
20    state regulation of identification requirements; or
21        (3) a State agency or officer or a unit of local
22    government would be unable to comply with a condition
23    imposed by a funding source which would cause the State
24    agency or officer or unit of local government to lose funds
25    from that source.
26    (f) Nothing in subsection (a) shall be construed to

 

 

SB0957 Enrolled- 7 -LRB097 04725 HEP 44764 b

1prohibit a State agency or officer or a unit of local
2government from:
3        (1) requiring additional information from persons in
4    order to verify a current address or other facts that would
5    enable the State agency or officer or unit of local
6    government to fulfill its responsibilities, except that
7    this paragraph (1) does not permit a State agency or
8    officer or a unit of local government to require additional
9    information solely in order to establish identification of
10    the person when the consular identification document is the
11    form of identification presented;
12        (2) requiring fingerprints for identification purposes
13    under circumstances where the State agency or officer or
14    unit of local government also requires fingerprints from
15    persons who have a driver's license or Illinois
16    Identification Card; or
17        (3) requiring additional evidence of identification if
18    the State agency or officer or unit of local government
19    reasonably believes that: (A) the consular identification
20    document is forged, fraudulent, or altered; or (B) the
21    holder does not appear to be the same person on the
22    consular identification document.
23(Source: P.A. 94-389, eff. 1-1-06.)
 
24    Section 99. Effective date. This Act takes effect 10 months
25after becoming law.