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093_HB2833ham001
LRB093 05892 RLC 20213 a
1 AMENDMENT TO HOUSE BILL 2833
2 AMENDMENT NO. . Amend House Bill 2833 by replacing
3 everything after the enacting clause with the following:
4 "Section 5. The State Finance Act is amended by adding
5 Section 5.595 as follows:
6 (30 ILCS 105/5.595 new)
7 Sec. 5.595. The Secretary of State Immigrant License
8 Fund.
9 Section 10. The Illinois Vehicle Code is amended by
10 changing Sections 2-119, 6-106, and 6-118 and adding Sections
11 6-107.4 and 6-107.5 as follows:
12 (625 ILCS 5/2-119) (from Ch. 95 1/2, par. 2-119)
13 Sec. 2-119. Disposition of fees and taxes.
14 (a) All moneys received from Salvage Certificates shall
15 be deposited in the Common School Fund in the State Treasury.
16 (b) Beginning January 1, 1990 and concluding December
17 31, 1994, of the money collected for each certificate of
18 title, duplicate certificate of title and corrected
19 certificate of title, $0.50 shall be deposited into the Used
20 Tire Management Fund. Beginning January 1, 1990 and
-2- LRB093 05892 RLC 20213 a
1 concluding December 31, 1994, of the money collected for each
2 certificate of title, duplicate certificate of title and
3 corrected certificate of title, $1.50 shall be deposited in
4 the Park and Conservation Fund.
5 Beginning January 1, 1995, of the money collected for
6 each certificate of title, duplicate certificate of title and
7 corrected certificate of title, $2 shall be deposited in the
8 Park and Conservation Fund. The moneys deposited in the Park
9 and Conservation Fund pursuant to this Section shall be used
10 for the acquisition and development of bike paths as provided
11 for in Section 805-420 of the Department of Natural Resources
12 (Conservation) Law (20 ILCS 805/805-420).
13 Beginning January 1, 2000, of the moneys collected for
14 each certificate of title, duplicate certificate of title,
15 and corrected certificate of title, $48 shall be deposited
16 into the Road Fund and $4 shall be deposited into the Motor
17 Vehicle License Plate Fund, except that if the balance in the
18 Motor Vehicle License Plate Fund exceeds $40,000,000 on the
19 last day of a calendar month, then during the next calendar
20 month the $4 shall instead be deposited into the Road Fund.
21 Except as otherwise provided in this Code, all remaining
22 moneys collected for certificates of title, and all moneys
23 collected for filing of security interests, shall be placed
24 in the General Revenue Fund in the State Treasury.
25 (c) All moneys collected for that portion of a driver's
26 license fee designated for driver education under Section
27 6-118 shall be placed in the Driver Education Fund in the
28 State Treasury.
29 (d) Beginning January 1, 1999, of the monies collected
30 as a registration fee for each motorcycle, motor driven cycle
31 and motorized pedalcycle, 27% of each annual registration fee
32 for such vehicle and 27% of each semiannual registration fee
33 for such vehicle is deposited in the Cycle Rider Safety
34 Training Fund.
-3- LRB093 05892 RLC 20213 a
1 (e) Of the monies received by the Secretary of State as
2 registration fees or taxes or as payment of any other fee, as
3 provided in this Act, except fees received by the Secretary
4 under paragraph (7) of subsection (b) of Section 5-101 and
5 Section 5-109 of this Code, 37% shall be deposited into the
6 State Construction Fund.
7 (f) Of the total money collected for a CDL instruction
8 permit or original or renewal issuance of a commercial
9 driver's license (CDL) pursuant to the Uniform Commercial
10 Driver's License Act (UCDLA): (i) $6 of the total fee for an
11 original or renewal CDL, and $6 of the total CDL instruction
12 permit fee when such permit is issued to any person holding a
13 valid Illinois driver's license, shall be paid into the
14 CDLIS/AAMVAnet Trust Fund (Commercial Driver's License
15 Information System/American Association of Motor Vehicle
16 Administrators network Trust Fund) and shall be used for the
17 purposes provided in Section 6z-23 of the State Finance Act
18 and (ii) $20 of the total fee for an original or renewal CDL
19 or commercial driver instruction permit shall be paid into
20 the Motor Carrier Safety Inspection Fund, which is hereby
21 created as a special fund in the State Treasury, to be used
22 by the Department of State Police, subject to appropriation,
23 to hire additional officers to conduct motor carrier safety
24 inspections pursuant to Chapter 18b of this Code.
25 (g) All remaining moneys received by the Secretary of
26 State as registration fees or taxes or as payment of any
27 other fee, as provided in this Act, except fees received by
28 the Secretary under paragraph (7)(A) of subsection (b) of
29 Section 5-101 and Section 5-109 of this Code, shall be
30 deposited in the Road Fund in the State Treasury. Moneys in
31 the Road Fund shall be used for the purposes provided in
32 Section 8.3 of the State Finance Act.
33 (h) (Blank).
34 (i) (Blank).
-4- LRB093 05892 RLC 20213 a
1 (j) (Blank).
2 (k) There is created in the State Treasury a special
3 fund to be known as the Secretary of State Special License
4 Plate Fund. Money deposited into the Fund shall, subject to
5 appropriation, be used by the Office of the Secretary of
6 State (i) to help defray plate manufacturing and plate
7 processing costs for the issuance and, when applicable,
8 renewal of any new or existing registration plates authorized
9 under this Code and (ii) for grants made by the Secretary of
10 State to benefit Illinois Veterans Home libraries.
11 On or before October 1, 1995, the Secretary of State
12 shall direct the State Comptroller and State Treasurer to
13 transfer any unexpended balance in the Special Environmental
14 License Plate Fund, the Special Korean War Veteran License
15 Plate Fund, and the Retired Congressional License Plate Fund
16 to the Secretary of State Special License Plate Fund.
17 (l) The Motor Vehicle Review Board Fund is created as a
18 special fund in the State Treasury. Moneys deposited into
19 the Fund under paragraph (7) of subsection (b) of Section
20 5-101 and Section 5-109 shall, subject to appropriation, be
21 used by the Office of the Secretary of State to administer
22 the Motor Vehicle Review Board, including without limitation
23 payment of compensation and all necessary expenses incurred
24 in administering the Motor Vehicle Review Board under the
25 Motor Vehicle Franchise Act.
26 (m) Effective July 1, 1996, there is created in the
27 State Treasury a special fund to be known as the Family
28 Responsibility Fund. Moneys deposited into the Fund shall,
29 subject to appropriation, be used by the Office of the
30 Secretary of State for the purpose of enforcing the Family
31 Financial Responsibility Law.
32 (n) The Illinois Fire Fighters' Memorial Fund is created
33 as a special fund in the State Treasury. Moneys deposited
34 into the Fund shall, subject to appropriation, be used by the
-5- LRB093 05892 RLC 20213 a
1 Office of the State Fire Marshal for construction of the
2 Illinois Fire Fighters' Memorial to be located at the State
3 Capitol grounds in Springfield, Illinois. Upon the
4 completion of the Memorial, moneys in the Fund shall be used
5 in accordance with Section 3-634.
6 (o) Of the money collected for each certificate of title
7 for all-terrain vehicles and off-highway motorcycles, $17
8 shall be deposited into the Off-Highway Vehicle Trails Fund.
9 (p) For audits conducted on or after July 1, 2003
10 pursuant to Section 2-124(d) of this Code, 50% of the money
11 collected as audit fees shall be deposited into the General
12 Revenue Fund.
13 (q) The Secretary of State Immigrant License Fund is
14 created as a special fund in the State treasury. Moneys
15 deposited into the fund shall, subject to appropriation, be
16 used by the Secretary of State to pay for the increase in the
17 costs associated with additional immigrant applicants for
18 drivers licenses and costs associated with specialized
19 verification procedures regarding those applicants.
20 (Source: P.A. 92-16, eff. 6-28-01; 93-32, eff. 7-1-03.)
21 (625 ILCS 5/6-106) (from Ch. 95 1/2, par. 6-106)
22 Sec. 6-106. Application for license or instruction
23 permit.
24 (a) Every application for any permit or license
25 authorized to be issued under this Act shall be made upon a
26 form furnished by the Secretary of State. Every application
27 shall be accompanied by the proper fee and payment of such
28 fee shall entitle the applicant to not more than 3 attempts
29 to pass the examination within a period of 1 year after the
30 date of application.
31 (b) Every application shall state the name, social
32 security number, zip code, date of birth, sex, and residence
33 address of the applicant; briefly describe the applicant;
-6- LRB093 05892 RLC 20213 a
1 state whether the applicant has theretofore been licensed as
2 a driver, and, if so, when and by what state or country, and
3 whether any such license has ever been cancelled, suspended,
4 revoked or refused, and, if so, the date and reason for such
5 cancellation, suspension, revocation or refusal; shall
6 include an affirmation by the applicant that all information
7 set forth is true and correct; and shall bear the applicant's
8 signature. The application form may also require the
9 statement of such additional relevant information as the
10 Secretary of State shall deem necessary to determine the
11 applicant's competency and eligibility.
12 (b-1) The Secretary of State may in his discretion
13 substitute a federal tax number in lieu of a social security
14 number, or he may instead assign an additional distinctive
15 number in lieu thereof, where an applicant is prohibited by
16 bona fide religious convictions from applying or is exempt
17 from applying for a social security number. The Secretary of
18 State shall, however, determine which religious orders or
19 sects have such bona fide religious convictions.
20 (b-2) The Secretary of State shall issue a drivers
21 license to an applicant who is an immigrant and ineligible
22 for a social security number if the applicant has (i)
23 provided the Secretary with an individual tax identification
24 number; (ii) filed with the Secretary, at the time of
25 application, an affidavit stating that the applicant is an
26 immigrant and not eligible for a social security number and
27 that the applicant will file an application to become a
28 permanent resident of the United States at the earliest
29 opportunity the applicant is eligible to do so; (iii)
30 provided a current foreign passport and a foreign birth
31 certificate; (iv) filed with the Secretary of State proof
32 provided to the applicant by the Illinois State Police that a
33 set of the applicant's fingerprints have been collected
34 (costs associated with this fingerprinting shall be paid by
-7- LRB093 05892 RLC 20213 a
1 the applicant at the time of collection); and (v) surrendered
2 all illegally obtained forms of drivers licenses or State
3 identification cards issued to the applicant by the
4 Secretary. Relinquishment of State issued identification
5 shall be handled by the Secretary at his or her discretion.
6 The Secretary of State shall provide to the Department of
7 Revenue all information, including the individual tax
8 identification number, captured on the application. If the
9 Department of Revenue determines that the licensee is not in
10 compliance with any applicable tax laws administered by the
11 Department of Revenue, the Department of Revenue shall
12 request that the Secretary of State suspend or revoke the
13 license. The Secretary may also require any combination of
14 additional documents, as set forth by administrative rule, as
15 sufficient proof of residency or identification. The foreign
16 passport and foreign birth certificate and any additional
17 documents required may be accepted only if: (i) the passport
18 and birth certificate and any additional documents are
19 difficult to duplicate and (ii) the passport and birth
20 certificate and any additional documents are verifiable with
21 the issuing agency. A person denied a driver's license under
22 this subsection (b-2) may seek review under the
23 Administrative Review Law. This amendatory Act of the 93rd
24 General Assembly does not affect the issuance of any
25 commercial driver's license or school bus driver's permit
26 under the Illinois Vehicle Code or any State identification
27 card under the Illinois Identification Card Act. A driver's
28 license issued under this subsection (b-2) may not be used to
29 obtain a Firearm Owner's Identification Card and may not be
30 used to obtain a driver's license in another state. A driver
31 licensed under this subsection (b-2) shall, within 30 days of
32 receiving a license, provide to the Secretary of State proof
33 of insurance and is subject to the mandatory insurance
34 requirements of this Code.
-8- LRB093 05892 RLC 20213 a
1 (b-3) The Secretary of State may, in his discretion, by
2 rule or regulation, provide that an application for a drivers
3 license or permit may include a suitable photograph of the
4 applicant in the form prescribed by the Secretary, and he may
5 further provide that each drivers license shall include a
6 photograph of the driver. The Secretary of State may utilize
7 a photograph process or system most suitable to deter
8 alteration or improper reproduction of a drivers license and
9 to prevent substitution of another photo thereon.
10 (c) The application form shall include a notice to the
11 applicant of the registration obligations of sex offenders
12 under the Sex Offender Registration Act. The notice shall be
13 provided in a form and manner prescribed by the Secretary of
14 State. For purposes of this subsection (c), "sex offender"
15 has the meaning ascribed to it in Section 2 of the Sex
16 Offender Registration Act.
17 (d) Any male United States citizen or immigrant who
18 applies for any permit or license authorized to be issued
19 under this Act or for a renewal of any permit or license, and
20 who is at least 18 years of age but less than 26 years of
21 age, must be registered in compliance with the requirements
22 of the federal Military Selective Service Act. The Secretary
23 of State must forward in an electronic format the necessary
24 personal information regarding the applicants identified in
25 this subsection (d) to the Selective Service System. The
26 applicant's signature on the application serves as an
27 indication that the applicant either has already registered
28 with the Selective Service System or that he is authorizing
29 the Secretary to forward to the Selective Service System the
30 necessary information for registration. The Secretary must
31 notify the applicant at the time of application that his
32 signature constitutes consent to registration with the
33 Selective Service System, if he is not already registered.
34 (Source: P.A. 92-117, eff. 1-1-02.)
-9- LRB093 05892 RLC 20213 a
1 (625 ILCS 5/6-107.4 new)
2 Sec. 6-107.4. Visual difference; driver's licenses;
3 social security numbers. The Secretary of State shall provide
4 that there shall be a clear and distinct visual difference
5 between driver's licenses issued to individuals without
6 social security numbers and driver's licenses issued to
7 individuals with social security numbers.
8 (625 ILCS 5/6-107.5 new)
9 Sec. 6-107.5. Ineligible applicants for Firearms Owner's
10 Identification Cards. The Secretary of State shall, in
11 conjunction with the Illinois State Police, establish
12 administrative procedures for determining and identifying
13 ineligible Firearm Owner's Identification Card applicants
14 through information provided to the Secretary of State,
15 through the driver's license application process, to ensure
16 compliance with the Firearm Owners Identification Card Act.
17 (625 ILCS 5/6-118) (from Ch. 95 1/2, par. 6-118)
18 Sec. 6-118. Fees.
19 (a) The fee for licenses and permits under this Article
20 is as follows:
21 Original driver's license
22 issued to a person who has provided
23 the Secretary with his or her social
24 security number or a person who has
25 not provided a social security number
26 for religious reasons or because he or
27 she is exempt from applying for a
28 social security number...........................$10
29 Original or renewal driver's license
30 issued to 18, 19 and 20 year olds..................5
31 All driver's licenses for persons
32 age 69 through age 80..............................5
-10- LRB093 05892 RLC 20213 a
1 All driver's licenses for persons
2 age 81 through age 86..............................2
3 All driver's licenses for persons
4 age 87 or older....................................0
5 Renewal driver's license (except for
6 applicants ages 18, 19 and 20 or
7 age 69 and older).................................10
8 Original instruction permit issued to
9 persons (except those age 69 and older)
10 who do not hold or have not previously
11 held an Illinois instruction permit or
12 driver's license..................................20
13 Instruction permit issued to any person
14 holding an Illinois driver's license
15 who wishes a change in classifications,
16 other than at the time of renewal..................5
17 Any instruction permit issued to a person
18 age 69 and older...................................5
19 Instruction permit issued to any person,
20 under age 69, not currently holding a
21 valid Illinois driver's license or
22 instruction permit but who has
23 previously been issued either document
24 in Illinois.......................................10
25 Restricted driving permit...............................8
26 Duplicate or corrected driver's license
27 or permit..........................................5
28 Duplicate or corrected restricted
29 driving permit.....................................5
30 Original or renewal M or L endorsement..................5
31 The fee for an original drivers license issued to a
32 person who has not provided the Secretary with a social
33 security number because the person is an immigrant and is not
34 eligible to receive a social security number shall be $10
-11- LRB093 05892 RLC 20213 a
1 and, through the date that is 3 years after the effective
2 date of this amendatory act of the 93rd General Assembly, an
3 additional fee of not less than $50, to be set by the
4 Secretary by rule, to cover the additional costs associated
5 with issuing those drivers licenses.
6 SPECIAL FEES FOR COMMERCIAL DRIVER'S LICENSE
7 The fees for commercial driver licenses and permits
8 under Article V shall be as follows:
9 Commercial driver's license:
10 $6 for the CDLIS/AAMVAnet Fund
11 (Commercial Driver's License Information
12 System/American Association of Motor Vehicle
13 Administrators network Trust Fund);
14 $20 for the Motor Carrier Safety Inspection Fund;
15 $10 for the driver's license;
16 and $24 for the CDL:.............................$60
17 Renewal commercial driver's license:
18 $6 for the CDLIS/AAMVAnet Trust Fund;
19 $20 for the Motor Carrier Safety Inspection Fund;
20 $10 for the driver's license; and
21 $24 for the CDL:.................................$60
22 Commercial driver instruction permit
23 issued to any person holding a valid
24 Illinois driver's license for the
25 purpose of changing to a
26 CDL classification: $6 for the
27 CDLIS/AAMVAnet Trust Fund;
28 $20 for the Motor Carrier
29 Safety Inspection Fund; and
30 $24 for the CDL classification...................$50
31 Commercial driver instruction permit
32 issued to any person holding a valid
33 Illinois CDL for the purpose of
34 making a change in a classification,
-12- LRB093 05892 RLC 20213 a
1 endorsement or restriction........................$5
2 CDL duplicate or corrected license.....................$5
3 In order to ensure the proper implementation of the
4 Uniform Commercial Driver License Act, Article V of this
5 Chapter, the Secretary of State is empowered to pro-rate the
6 $24 fee for the commercial driver's license proportionate to
7 the expiration date of the applicant's Illinois driver's
8 license.
9 The fee for any duplicate license or permit shall be
10 waived for any person age 60 or older who presents the
11 Secretary of State's office with a police report showing that
12 his license or permit was stolen.
13 No additional fee shall be charged for a driver's
14 license, or for a commercial driver's license, when issued to
15 the holder of an instruction permit for the same
16 classification or type of license who becomes eligible for
17 such license.
18 (b) Any person whose license or privilege to operate a
19 motor vehicle in this State has been suspended or revoked
20 under any provision of Chapter 6, Chapter 11, or Section
21 7-205, 7-303, or 7-702 of the Family Financial Responsibility
22 Law of this Code, shall in addition to any other fees
23 required by this Code, pay a reinstatement fee as follows:
24 Summary suspension under Section 11-501.1............$250
25 Other suspension......................................$70
26 Revocation...........................................$500
27 However, any person whose license or privilege to operate
28 a motor vehicle in this State has been suspended or revoked
29 for a second or subsequent time for a violation of Section
30 11-501 or 11-501.1 of this Code or a similar provision of a
31 local ordinance or a similar out-of-state offense or Section
32 9-3 of the Criminal Code of 1961 and each suspension or
33 revocation was for a violation of Section 11-501 or 11-501.1
34 of this Code or a similar provision of a local ordinance or a
-13- LRB093 05892 RLC 20213 a
1 similar out-of-state offense or Section 9-3 of the Criminal
2 Code of 1961 shall pay, in addition to any other fees
3 required by this Code, a reinstatement fee as follows:
4 Summary suspension under Section 11-501.1............$500
5 Revocation...........................................$500
6 (c) All fees collected under the provisions of this
7 Chapter 6 shall be paid into the Road Fund in the State
8 Treasury except as follows:
9 1. The following amounts shall be paid into the
10 Driver Education Fund:
11 (A) $16 of the $20 fee for an original
12 driver's instruction permit;
13 (B) $5 of the $20 fee for an original driver's
14 license;
15 (C) $5 of the $20 fee for a 4 year renewal
16 driver's license; and
17 (D) $4 of the $8 fee for a restricted driving
18 permit.
19 2. $30 of the $250 fee for reinstatement of a
20 license summarily suspended under Section 11-501.1 shall
21 be deposited into the Drunk and Drugged Driving
22 Prevention Fund. However, for a person whose license or
23 privilege to operate a motor vehicle in this State has
24 been suspended or revoked for a second or subsequent time
25 for a violation of Section 11-501 or 11-501.1 of this
26 Code or Section 9-3 of the Criminal Code of 1961, $190 of
27 the $500 fee for reinstatement of a license summarily
28 suspended under Section 11-501.1, and $190 of the $500
29 fee for reinstatement of a revoked license shall be
30 deposited into the Drunk and Drugged Driving Prevention
31 Fund.
32 3. $6 of such original or renewal fee for a
33 commercial driver's license and $6 of the commercial
34 driver instruction permit fee when such permit is issued
-14- LRB093 05892 RLC 20213 a
1 to any person holding a valid Illinois driver's license,
2 shall be paid into the CDLIS/AAMVAnet Trust Fund.
3 4. $30 of the $70 fee for reinstatement of a
4 license suspended under the Family Financial
5 Responsibility Law shall be paid into the Family
6 Responsibility Fund.
7 5. The $5 fee for each original or renewal M or L
8 endorsement shall be deposited into the Cycle Rider
9 Safety Training Fund.
10 6. $20 of any original or renewal fee for a
11 commercial driver's license or commercial driver
12 instruction permit shall be paid into the Motor Carrier
13 Safety Inspection Fund.
14 7. The following amounts shall be paid into the
15 General Revenue Fund:
16 (A) $190 of the $250 reinstatement fee for a
17 summary suspension under Section 11-501.1;
18 (B) $40 of the $70 reinstatement fee for any
19 other suspension provided in subsection (b) of this
20 Section; and
21 (C) $440 of the $500 reinstatement fee for a
22 first offense revocation and $310 of the $500
23 reinstatement fee for a second or subsequent
24 revocation.
25 8. The entire amount over $10 of any fee for an
26 original driver's license issued to an immigrant
27 ineligible to receive a social security number shall be
28 deposited into the Secretary of State Immigrant License
29 Fund.
30 The Secretary of State shall adopt rules setting the fee
31 for issuing a driver's license to an immigrant ineligible to
32 receive a social security number, in light of the additional
33 costs associated with issuing those driver's licenses.
34 (Source: P.A. 92-458, eff. 8-22-01; 93-32, eff. 1-1-04.)
-15- LRB093 05892 RLC 20213 a
1 Section 97. Severability. The provisions of this Act
2 are severable under Section 1.31 of the Statute on Statutes.
3 Section 99. Effective date. This Act takes effect July
4 1, 2004.".
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