Bill Text: IL SB0957 | 2011-2012 | 97th General Assembly | Chaptered
Bill Title: Amends the Illinois Vehicle Code. Makes a technical change in a Section concerning persons that are not to be granted a license or permit.
Sponsorship: Moderate Partisan Bill (Democrat 26-6)
Status: (Passed) 2013-01-28 - Public Act . . . . . . . . . 97-1157 [SB0957 Detail]
Download: Illinois-2011-SB0957-Chaptered.html
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| Public Act 097-1157 | ||||
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AN ACT concerning transportation.
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Be it enacted by the People of the State of Illinois, | ||||
represented in the General Assembly:
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Section 5. The State Finance Act is amended by adding | ||||
Section 5.826 as follows:
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(30 ILCS 105/5.826 new) | ||||
Sec. 5.826. The Driver Services Administration Fund.
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Section 10. The Illinois Vehicle Code is amended by | ||||
changing Sections 6-105.1 and 6-601 as follows:
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(625 ILCS 5/6-105.1)
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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.
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(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.)
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(625 ILCS 5/6-601) (from Ch. 95 1/2, par. 6-601)
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Sec. 6-601. Penalties.
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(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.
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(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.
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(c) Unlicensed driving. Except as hereinafter provided a | ||
violation
of Section 6-101 shall be:
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1. A Class A misdemeanor if the person failed to obtain | ||
a driver's
license or permit after expiration of a period | ||
of revocation.
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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,
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or is not qualified to obtain a driver's license or permit | ||
because of his age.
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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.
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(Source: P.A. 96-607, eff. 8-24-09.)
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Section 15. The Consular Identification Document Act is | ||
amended by changing Section 10 as follows:
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(5 ILCS 230/10)
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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.
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(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.
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(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
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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.
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(Source: P.A. 94-389, eff. 1-1-06.)
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