Sen. John J. Cullerton

Filed: 11/27/2012





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2    AMENDMENT NO. ______. Amend Senate Bill 957 by replacing
3everything after the enacting clause with the following:
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 Section 6-105.1 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,



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1and (iii) presents to the Secretary documentation, issued by
2United States Citizenship and Immigration Services,
3authorizing the person's presence in this country.
4    (a-5) The Secretary of State may issue a temporary
5visitor's driver's license to an applicant who (i) has resided
6in this State for a period in excess of one year, (ii) is
7ineligible to obtain a social security number, and (iii) is
8unable to present documentation issued by the United States
9Citizenship and Immigration Services authorizing the person's
10presence in this country. The applicant shall submit a valid
11unexpired passport from the applicant's country of citizenship
12or a valid unexpired consular identification document issued by
13a consulate of that country as defined in Section 5 of the
14Consular Identification Document Act (5 ILCS 230/5).
15    (a-10) Applicants for a temporary visitor's driver's
16license who are under 18 years of age at the time of
17application, shall be subject to the provisions of Sections
186-107 and 6-108 of this Code.
19    (b) A temporary visitor's driver's license issued under
20subsection (a) is valid for 3 years, or for the period of time
21the individual is authorized to remain in this country,
22whichever ends sooner. A temporary visitor's driver's license
23issued under subsection (a-5) shall be valid for a period of 3
25    (b-5) A temporary visitor's driver's license issued under
26this Section may not be accepted for proof of the holder's



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1identity. A temporary visitor's driver's license issued under
2this Section shall contain a notice on its face, in capitalized
3letters, stating that the temporary' visitor's driver's
4license may not be accepted for proof of identity.
5    (c) The Secretary shall adopt rules for implementing this
6Section, including rules:
7        (1) regarding the design and content of the temporary
8    visitor's driver's license;
9        (2) establishing criteria for proof of identification
10    and residency of an individual applying under (a-5);
11        (3) designating acceptable evidence that an applicant
12    is not eligible for a social security number; and
13        (4) regarding the issuance of temporary visitor's
14    instruction permits.
15    (d) Any person to whom the Secretary of State may issue a
16temporary visitor's driver's license shall be subject to any
17and all provisions of this Code and any and all implementing
18regulations issued by the Secretary of State to the same extent
19as any person issued a driver's license, unless otherwise
20provided in this Code or by administrative rule, including but
21not limited to the examination requirements in Section 6-109 as
22well as the mandatory insurance requirements and penalties set
23forth in Article VI of Chapter 7 of this Code.
24    (e) Temporary visitor's driver's licenses shall be issued
25from a central location after the Secretary of State has
26verified the information provided by the applicant.



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1    (f) There is created in the State treasury a special fund
2to be known as the Driver Services Administration Fund. All
3fees collected for the issuance of temporary visitor's driver's
4licenses shall be deposited into the Fund. These funds shall,
5subject to appropriation, be used by the Office of the
6Secretary of State for costs related to the issuance of
7temporary visitor's driver's licenses, and other operational
8costs, including personnel, facilities, computer programming,
9and data transmission.
10(Source: P.A. 93-752, eff. 1-1-05.)
11    Section 15. The Consular Identification Document Act is
12amended by changing Section 10 as follows:
13    (5 ILCS 230/10)
14    Sec. 10. Acceptance of consular identification document.
15    (a) When requiring members of the public to provide
16identification, each State agency and officer and unit of local
17government shall accept a consular identification document as
18valid identification of a person.
19    (b) A consular identification document shall be accepted
20for purposes of identification only and does not convey an
21independent right to receive benefits of any type.
22    (c) A consular identification document may not be accepted
23as identification for obtaining a driver's license, other than
24a temporary visitor's driver's license, or registering to vote.



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1    (d) A consular identification document does not establish
2or indicate lawful U.S. immigration status and may not be
3viewed as valid for that purpose, nor does a consular
4identification document establish a foreign national's right
5to be in the United States or remain in the United States.
6    (e) The requirements of subsection (a) do not apply if:
7        (1) a federal law, regulation, or directive or a
8    federal court decision requires a State agency or officer
9    or a unit of local government to obtain different
10    identification;
11        (2) a federal law, regulation, or directive preempts
12    state regulation of identification requirements; or
13        (3) a State agency or officer or a unit of local
14    government would be unable to comply with a condition
15    imposed by a funding source which would cause the State
16    agency or officer or unit of local government to lose funds
17    from that source.
18    (f) Nothing in subsection (a) shall be construed to
19prohibit a State agency or officer or a unit of local
20government from:
21        (1) requiring additional information from persons in
22    order to verify a current address or other facts that would
23    enable the State agency or officer or unit of local
24    government to fulfill its responsibilities, except that
25    this paragraph (1) does not permit a State agency or
26    officer or a unit of local government to require additional



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