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Public Act 097-1157


 

Public Act 1157 97TH GENERAL ASSEMBLY



 


 
Public Act 097-1157
 
SB0957 EnrolledLRB097 04725 HEP 44764 b

    AN ACT concerning transportation.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The State Finance Act is amended by adding
Section 5.826 as follows:
 
    (30 ILCS 105/5.826 new)
    Sec. 5.826. The Driver Services Administration Fund.
 
    Section 10. The Illinois Vehicle Code is amended by
changing Sections 6-105.1 and 6-601 as follows:
 
    (625 ILCS 5/6-105.1)
    Sec. 6-105.1. Temporary visitor's driver's license.
    (a) The Secretary of State may issue a temporary visitor's
driver's license to a foreign national who (i) resides in this
State, (ii) is ineligible to obtain a social security number,
and (iii) presents to the Secretary documentation, issued by
United States Citizenship and Immigration Services,
authorizing the person's presence in this country.
    (a-5) The Secretary of State may issue a temporary
visitor's driver's license to an applicant who (i) has resided
in this State for a period in excess of one year, (ii) is
ineligible to obtain a social security number, and (iii) is
unable to present documentation issued by the United States
Citizenship and Immigration Services authorizing the person's
presence in this country. The applicant shall submit a valid
unexpired passport from the applicant's country of citizenship
or a valid unexpired consular identification document issued by
a consulate of that country as defined in Section 5 of the
Consular Identification Document Act (5 ILCS 230/5).
    (a-10) Applicants for a temporary visitor's driver's
license who are under 18 years of age at the time of
application shall be subject to the provisions of Sections
6-107 and 6-108 of this Code.
    (b) A temporary visitor's driver's license issued under
subsection (a) is valid for 3 years, or for the period of time
the individual is authorized to remain in this country,
whichever ends sooner. A temporary visitor's driver's license
issued under subsection (a-5) shall be valid for a period of 3
years.
    (b-5) A temporary visitor's driver's license issued under
this Section may not be accepted for proof of the holder's
identity. A temporary visitor's driver's license issued under
this Section shall contain a notice on its face, in capitalized
letters, stating that the temporary visitor's driver's license
may not be accepted for proof of identity.
    (c) The Secretary shall adopt rules for implementing this
Section, including rules:
        (1) regarding the design and content of the temporary
    visitor's driver's license;
        (2) establishing criteria for proof of identification
    and residency of an individual applying under subsection
    (a-5);
        (3) designating acceptable evidence that an applicant
    is not eligible for a social security number; and
        (4) regarding the issuance of temporary visitor's
    instruction permits.
    (d) Any person to whom the Secretary of State may issue a
temporary visitor's driver's license shall be subject to any
and all provisions of this Code and any and all implementing
regulations issued by the Secretary of State to the same extent
as any person issued a driver's license, unless otherwise
provided in this Code or by administrative rule, including but
not limited to the examination requirements in Section 6-109 as
well as the mandatory insurance requirements and penalties set
forth in Article VI of Chapter 7 of this Code.
    (d-5) A temporary visitor's driver's license is invalid if
the holder is unable to provide proof of liability insurance as
required by Section 7-601 of this Code upon the request of a
law enforcement officer, in which case the holder commits a
violation of Section 6-101 of this Code.
    (e) Temporary visitor's driver's licenses shall be issued
from a central location after the Secretary of State has
verified the information provided by the applicant.
    (f) There is created in the State treasury a special fund
to be known as the Driver Services Administration Fund. All
fees collected for the issuance of temporary visitor's driver's
licenses shall be deposited into the Fund. These funds shall,
subject to appropriation, be used by the Office of the
Secretary of State for costs related to the issuance of
temporary visitor's driver's licenses, and other operational
costs, including personnel, facilities, computer programming,
and data transmission.
(Source: P.A. 93-752, eff. 1-1-05.)
 
    (625 ILCS 5/6-601)  (from Ch. 95 1/2, par. 6-601)
    Sec. 6-601. Penalties.
    (a) It is a petty offense for any person to violate any of
the provisions of this Chapter unless such violation is by this
Code or other law of this State declared to be a misdemeanor or
a felony.
    (b) General penalties. Unless another penalty is in this
Code or other laws of this State, every person convicted of a
petty offense for the violation of any provision of this
Chapter shall be punished by a fine of not more than $500.
    (c) Unlicensed driving. Except as hereinafter provided a
violation of Section 6-101 shall be:
        1. A Class A misdemeanor if the person failed to obtain
    a driver's license or permit after expiration of a period
    of revocation.
        2. A Class B misdemeanor if the person has been issued
    a driver's license or permit, which has expired, and if the
    period of expiration is greater than one year; or if the
    person has never been issued a driver's license or permit,
    or is not qualified to obtain a driver's license or permit
    because of his age.
        3. A petty offense if the person has been issued a
    temporary visitor's driver's license or permit and is
    unable to provide proof of liability insurance as provided
    in subsection (d-5) of Section 6-105.1.
    If a licensee under this Code is convicted of violating
Section 6-303 for operating a motor vehicle during a time when
such licensee's driver's license was suspended under the
provisions of Section 6-306.3, then such act shall be a petty
offense (provided the licensee has answered the charge which
was the basis of the suspension under Section 6-306.3), and
there shall be imposed no additional like period of suspension
as provided in paragraph (b) of Section 6-303.
(Source: P.A. 96-607, eff. 8-24-09.)
 
    Section 15. The Consular Identification Document Act is
amended by changing Section 10 as follows:
 
    (5 ILCS 230/10)
    Sec. 10. Acceptance of consular identification document.
    (a) When requiring members of the public to provide
identification, each State agency and officer and unit of local
government shall accept a consular identification document as
valid identification of a person.
    (b) A consular identification document shall be accepted
for purposes of identification only and does not convey an
independent right to receive benefits of any type.
    (c) A consular identification document may not be accepted
as identification for obtaining a driver's license, other than
a temporary visitor's driver's license, or registering to vote.
    (d) A consular identification document does not establish
or indicate lawful U.S. immigration status and may not be
viewed as valid for that purpose, nor does a consular
identification document establish a foreign national's right
to be in the United States or remain in the United States.
    (e) The requirements of subsection (a) do not apply if:
        (1) a federal law, regulation, or directive or a
    federal court decision requires a State agency or officer
    or a unit of local government to obtain different
    identification;
        (2) a federal law, regulation, or directive preempts
    state regulation of identification requirements; or
        (3) a State agency or officer or a unit of local
    government would be unable to comply with a condition
    imposed by a funding source which would cause the State
    agency or officer or unit of local government to lose funds
    from that source.
    (f) Nothing in subsection (a) shall be construed to
prohibit a State agency or officer or a unit of local
government from:
        (1) requiring additional information from persons in
    order to verify a current address or other facts that would
    enable the State agency or officer or unit of local
    government to fulfill its responsibilities, except that
    this paragraph (1) does not permit a State agency or
    officer or a unit of local government to require additional
    information solely in order to establish identification of
    the person when the consular identification document is the
    form of identification presented;
        (2) requiring fingerprints for identification purposes
    under circumstances where the State agency or officer or
    unit of local government also requires fingerprints from
    persons who have a driver's license or Illinois
    Identification Card; or
        (3) requiring additional evidence of identification if
    the State agency or officer or unit of local government
    reasonably believes that: (A) the consular identification
    document is forged, fraudulent, or altered; or (B) the
    holder does not appear to be the same person on the
    consular identification document.
(Source: P.A. 94-389, eff. 1-1-06.)
 
    Section 99. Effective date. This Act takes effect 10 months
after becoming law.

Effective Date: 11/28/2013