Illinois-2019-SB1431-Introduced

101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 SB1431

Introduced 2/13/2019, by Sen. Dan McConchie

SYNOPSIS AS INTRODUCED:

`625 ILCS 5/6-115`	`from Ch. 95 1/2, par. 6-115`
`625 ILCS 5/6-118`

Amends the Illinois Vehicle Code. Extends the term for a driver's license to 6 years (from 4 years). Makes a corresponding change. Increases the fee for an original or renewal driver's license from $30 to $45. Effective January 1, 2022.

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FISCAL NOTE ACT MAY APPLY

A BILL FOR

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1 AN ACT concerning transportation.

2 Be it enacted by the People of the State of Illinois,

3 represented in the General Assembly:

4 Section 5. The Illinois Vehicle Code is amended by changing

5 Sections 6-115 and 6-118 as follows:

6 (625 ILCS 5/6-115) (from Ch. 95 1/2, par. 6-115)

7 Sec. 6-115. Expiration of driver's license.

8 (a) Except as provided elsewhere in this Section, every

9 driver's license issued under the provisions of this Code shall

10 expire 6 ~~4~~ years from the date of its issuance, or at such

11 later date, as the Secretary of State may by proper rule and

12 regulation designate, not to exceed 12 calendar months; in the

13 event that an applicant for renewal of a driver's license fails

14 to apply prior to the expiration date of the previous driver's

15 license, the renewal driver's license shall expire6 ~~4~~ years

16 from the expiration date of the previous driver's license, or

17 at such later date as the Secretary of State may by proper rule

18 and regulation designate, not to exceed 12 calendar months.

19 The Secretary of State may, however, issue to a person not

20 previously licensed as a driver in Illinois a driver's license

21 which will expire not less than 6 ~~4~~ years nor more than 7 ~~5~~

22 years from date of issuance, except as provided elsewhere in

23 this Section.

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1 (a-5) Every driver's license issued under this Code to an

2 applicant who is not a United States citizen or permanent

3 resident shall be marked "Limited Term" and shall expire on

4 whichever is the earlier date of the following:

5 (1) as provided under subsection (a), (f), (g), or (i)

6 of this Section;

7 (2) on the date the applicant's authorized stay in the

8 United States terminates; or

9 (3) if the applicant's authorized stay is indefinite

10 and the applicant is applying for a Limited Term REAL ID

11 compliant driver's license, one year from the date of

12 issuance of the license.

13 (b) Before the expiration of a driver's license, except

14 those licenses expiring on the individual's 21st birthday, or 3

15 months after the individual's 21st birthday, the holder thereof

16 may apply for a renewal thereof, subject to all the provisions

17 of Section 6-103, and the Secretary of State may require an

18 examination of the applicant. A licensee whose driver's license

19 expires on his 21st birthday, or 3 months after his 21st

20 birthday, may not apply for a renewal of his driving privileges

21 until he reaches the age of 21.

22 (c) The Secretary of State shall, 30 days prior to the

23 expiration of a driver's license, forward to each person whose

24 license is to expire a notification of the expiration of said

25 license which may be presented at the time of renewal of said

26 license.

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1 There may be included with such notification information

2 explaining the anatomical gift and Emergency Medical

3 Information Card provisions of Section 6-110. The format and

4 text of such information shall be prescribed by the Secretary.

5 There shall be included with such notification, for a

6 period of 4 years beginning January 1, 2000 information

7 regarding the Illinois Adoption Registry and Medical

8 Information Exchange established in Section 18.1 of the

9 Adoption Act.

10 (d) The Secretary may defer the expiration of the driver's

11 license of a licensee, spouse, and dependent children who are

12 living with such licensee while on active duty, serving in the

13 Armed Forces of the United States outside of the State of

14 Illinois, and 120 days thereafter, upon such terms and

15 conditions as the Secretary may prescribe.

16 (d-5) The Secretary may defer the expiration of the

17 driver's license of a licensee, or of a spouse or dependent

18 children living with the licensee, serving as a civilian

19 employee of the United States Armed Forces or the United States

20 Department of Defense, outside of the State of Illinois, and

21 120 days thereafter, upon such terms and conditions as the

22 Secretary may prescribe.

23 (e) The Secretary of State may decline to process a renewal

24 of a driver's license of any person who has not paid any fee or

25 tax due under this Code and is not paid upon reasonable notice

26 and demand.

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1 (f) The Secretary shall provide that each original or

2 renewal driver's license issued to a licensee under 21 years of

3 age shall expire 3 months after the licensee's 21st birthday.

4 Persons whose current driver's licenses expire on their 21st

5 birthday on or after January 1, 1986 shall not renew their

6 driver's license before their 21st birthday, and their current

7 driver's license will be extended for an additional term of 3

8 months beyond their 21st birthday. Thereafter, the expiration

9 and term of the driver's license shall be governed by

10 subsection (a) hereof.

11 (g) The Secretary shall provide that each original or

12 renewal driver's license issued to a licensee 81 years of age

13 through age 86 shall expire 2 years from the date of issuance,

14 or at such later date as the Secretary may by rule and

15 regulation designate, not to exceed an additional 12 calendar

16 months. The Secretary shall also provide that each original or

17 renewal driver's license issued to a licensee 87 years of age

18 or older shall expire 12 months from the date of issuance, or

19 at such later date as the Secretary may by rule and regulation

20 designate, not to exceed an additional 12 calendar months.

21 (h) The Secretary of State shall provide that each special

22 restricted driver's license issued under subsection (g) of

23 Section 6-113 of this Code shall expire 12 months from the date

24 of issuance. The Secretary shall adopt rules defining renewal

25 requirements.

26 (i) The Secretary of State shall provide that each driver's

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1 license issued to a person convicted of a sex offense as

2 defined in Section 2 of the Sex Offender Registration Act shall

3 expire 12 months from the date of issuance or at such date as

4 the Secretary may by rule designate, not to exceed an

5 additional 12 calendar months. The Secretary may adopt rules

6 defining renewal requirements.

7 (Source: P.A. 99-118, eff. 1-1-16; 99-305, eff. 1-1-16; 99-642,

8 eff. 7-28-16; 100-248, eff. 8-22-17; 100-863, eff. 8-14-18.)

9 (625 ILCS 5/6-118)

10 Sec. 6-118. Fees.

11 (a) The fees ~~fee~~for licenses and permits under this

12 Article are ~~is~~ as follows:

13 Original driver's license..........................$45 ~~$30~~

14 Original or renewal driver's license

15 issued to 18, 19 and 20 year olds.................. 5

16 All driver's licenses for persons

17 age 69 through age 80.............................. 5

18 All driver's licenses for persons

19 age 81 through age 86.............................. 2

20 All driver's licenses for persons

21 age 87 or older.....................................0

22 Renewal driver's license (except for

23 applicants ages 18, 19 and 20 or

24 age 69 and older)................................45 ~~30~~

25 Original instruction permit issued to

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1 persons (except those age 69 and older)

2 who do not hold or have not previously

3 held an Illinois instruction permit or

4 driver's license.................................. 20

5 Instruction permit issued to any person

6 holding an Illinois driver's license

7 who wishes a change in classifications,

8 other than at the time of renewal.................. 5

9 Any instruction permit issued to a person

10 age 69 and older................................... 5

11 Instruction permit issued to any person,

12 under age 69, not currently holding a

13 valid Illinois driver's license or

14 instruction permit but who has

15 previously been issued either document

16 in Illinois....................................... 10

17 Restricted driving permit.............................. 8

18 Monitoring device driving permit...................... 8

19 Duplicate or corrected driver's license

20 or permit.......................................... 5

21 Duplicate or corrected restricted

22 driving permit..................................... 5

23 Duplicate or corrected monitoring

24 device driving permit.................................. 5

25 Duplicate driver's license or permit issued to

26 an active-duty member of the

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1 United States Armed Forces,

2 the member's spouse, or

3 the dependent children living

4 with the member................................... 0

5 Original or renewal M or L endorsement................. 5

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/NMVTIS Trust Fund

11 (Commercial Driver's License Information

12 System/American Association of Motor Vehicle

13 Administrators network/National Motor Vehicle

14 Title Information Service Trust Fund);

15 $20 for the Motor Carrier Safety Inspection Fund;

16 $10 for the driver's license;

17 and $24 for the CDL:............................. $60

18 Renewal commercial driver's license:

19 $6 for the CDLIS/AAMVAnet/NMVTIS Trust Fund;

20 $20 for the Motor Carrier Safety Inspection Fund;

21 $10 for the driver's license; and

22 $24 for the CDL:................................. $60

23 Commercial learner's permit

24 issued to any person holding a valid

25 Illinois driver's license for the

26 purpose of changing to a

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1 CDL classification: $6 for the

2 CDLIS/AAMVAnet/NMVTIS Trust Fund;

3 $20 for the Motor Carrier

4 Safety Inspection Fund; and

5 $24 for the CDL classification................... $50

6 Commercial learner's permit

7 issued to any person holding a valid

8 Illinois CDL for the purpose of

9 making a change in a classification,

10 endorsement or restriction........................ $5

11 CDL duplicate or corrected license.................... $5

12 In order to ensure the proper implementation of the Uniform

13 Commercial Driver License Act, Article V of this Chapter, the

14 Secretary of State is empowered toprorate ~~pro-rate~~ the $24 fee

15 for the commercial driver's license proportionate to the

16 expiration date of the applicant's Illinois driver's license.

17 The fee for any duplicate license or permit shall be waived

18 for any person who presents the Secretary of State's office

19 with a police report showing that his license or permit was

20 stolen.

21 The fee for any duplicate license or permit shall be waived

22 for any person age 60 or older whose driver's license or permit

23 has been lost or stolen.

24 No additional fee shall be charged for a driver's license,

25 or for a commercial driver's license, when issued to the holder

26 of an instruction permit for the same classification or type of

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1 license who becomes eligible for such license.

2 The fee for a restricted driving permit under this

3 subsection (a) shall be imposed annually until the expiration

4 of the permit.

5 (a-5) The fee for a driver's record or data contained

6 therein is $12.

7 (b) Any person whose license or privilege to operate a

8 motor vehicle in this State has been suspended or revoked under

9 Section 3-707, any provision of Chapter 6, Chapter 11, or

10 Section 7-205, 7-303, or 7-702 of the Family Financial

11 Responsibility Law of this Code, shall in addition to any other

12 fees required by this Code, pay a reinstatement fee as follows:

13 Suspension under Section 3-707.....................$100

14 Suspension under Section 11-1431....................$100

15 Summary suspension under Section 11-501.1...........$250

16 Suspension under Section 11-501.9...................$250

17 Summary revocation under Section 11-501.1............$500

18 Other suspension......................................$70

19 Revocation...........................................$500

20 However, any person whose license or privilege to operate a

21 motor vehicle in this State has been suspended or revoked for a

22 second or subsequent time for a violation of Section 11-501,

23 11-501.1, or 11-501.9 of this Code or a similar provision of a

24 local ordinance or a similar out-of-state offense or Section

25 9-3 of the Criminal Code of 1961 or the Criminal Code of 2012

26 and each suspension or revocation was for a violation of

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1 Section 11-501, 11-501.1, or 11-501.9 of this Code or a similar

2 provision of a local ordinance or a similar out-of-state

3 offense or Section 9-3 of the Criminal Code of 1961 or the

4 Criminal Code of 2012 shall pay, in addition to any other fees

5 required by this Code, a reinstatement fee as follows:

6 Summary suspension under Section 11-501.1............$500

7 Suspension under Section 11-501.9...................$500

8 Summary revocation under Section 11-501.1............$500

9 Revocation...........................................$500

10 (c) All fees collected under the provisions of this Chapter

11 6 shall be disbursed under subsection (g) of Section 2-119 of

12 this Code, except as follows:

13 1. The following amounts shall be paid into the Drivers

14 Education Fund:

15 (A) $16 of the $20 fee for an original driver's

16 instruction permit;

17 (B) $5 of the $30 fee for an original driver's

18 license;

19 (C) $5 of the $30 fee for a ~~4 year~~ renewal driver's

20 license;

21 (D) $4 of the $8 fee for a restricted driving

22 permit; and

23 (E) $4 of the $8 fee for a monitoring device

24 driving permit.

25 2. $30 of the $250 fee for reinstatement of a license

26 summarily suspended under Section 11-501.1 or suspended

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1 under Section 11-501.9 shall be deposited into the Drunk

2 and Drugged Driving Prevention Fund. However, for a person

3 whose license or privilege to operate a motor vehicle in

4 this State has been suspended or revoked for a second or

5 subsequent time for a violation of Section 11-501,

6 11-501.1, or 11-501.9 of this Code or Section 9-3 of the

7 Criminal Code of 1961 or the Criminal Code of 2012, $190 of

8 the $500 fee for reinstatement of a license summarily

9 suspended under Section 11-501.1 or suspended under

10 Section 11-501.9, and $190 of the $500 fee for

11 reinstatement of a revoked license shall be deposited into

12 the Drunk and Drugged Driving Prevention Fund. $190 of the

13 $500 fee for reinstatement of a license summarily revoked

14 pursuant to Section 11-501.1 shall be deposited into the

15 Drunk and Drugged Driving Prevention Fund.

16 3. $6 of the original or renewal fee for a commercial

17 driver's license and $6 of the commercial learner's permit

18 fee when the permit is issued to any person holding a valid

19 Illinois driver's license, shall be paid into the

20 CDLIS/AAMVAnet/NMVTIS Trust Fund.

21 4. $30 of the $70 fee for reinstatement of a license

22 suspended under the Family Financial Responsibility Law

23 shall be paid into the Family Responsibility Fund.

24 5. The $5 fee for each original or renewal M or L

25 endorsement shall be deposited into the Cycle Rider Safety

26 Training Fund.

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1 6. $20 of any original or renewal fee for a commercial

2 driver's license or commercial learner's permit shall be

3 paid into the Motor Carrier Safety Inspection Fund.

4 7. The following amounts shall be paid into the General

5 Revenue Fund:

6 (A) $190 of the $250 reinstatement fee for a

7 summary suspension under Section 11-501.1 or a

8 suspension under Section 11-501.9;

9 (B) $40 of the $70 reinstatement fee for any other

10 suspension provided in subsection (b) of this Section;

11 and

12 (C) $440 of the $500 reinstatement fee for a first

13 offense revocation and $310 of the $500 reinstatement

14 fee for a second or subsequent revocation.

15 8. Fees collected under paragraph (4) of subsection (d)

16 and subsection (h) of Section 6-205 of this Code;

17 subparagraph (C) of paragraph 3 of subsection (c) of

18 Section 6-206 of this Code; and paragraph (4) of subsection

19 (a) of Section 6-206.1 of this Code, shall be paid into the

20 funds set forth in those Sections.

21 (d) All of the proceeds of the additional fees imposed by

22 this amendatory Act of the 96th General Assembly shall be

23 deposited into the Capital Projects Fund.

24 (e) The additional fees imposed by this amendatory Act of

25 the 96th General Assembly shall become effective 90 days after

26 becoming law.

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1 (f) As used in this Section, "active-duty member of the

2 United States Armed Forces" means a member of the Armed

3 Services or Reserve Forces of the United States or a member of

4 the Illinois National Guard who is called to active duty

5 pursuant to an executive order of the President of the United

6 States, an act of the Congress of the United States, or an

7 order of the Governor.

8 (Source: P.A. 99-127, eff. 1-1-16; 99-438, eff. 1-1-16; 99-642,

9 eff. 7-28-16; 99-933, eff. 1-27-17; 100-590, eff. 6-8-18;

10 100-803, eff. 1-1-19; revised 10-24-18.)

11 Section 99. Effective date. This Act takes effect January

12 1, 2022.