Full Text of HB3153 98th General Assembly
HB3153ham001 98TH GENERAL ASSEMBLY | Rep. Jim Durkin Filed: 3/13/2013
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| 1 | | AMENDMENT TO HOUSE BILL 3153
| 2 | | AMENDMENT NO. ______. Amend House Bill 3153 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Illinois Vehicle Code is amended by | 5 | | changing Section 6-105.1 as follows: | 6 | | (625 ILCS 5/6-105.1) | 7 | | (Text of Section before amendment by P.A. 97-1157 )
| 8 | | Sec. 6-105.1. Temporary visitor's driver's license. | 9 | | (a) The Secretary of State may issue a temporary visitor's | 10 | | driver's license to a foreign national who (i) resides in this | 11 | | State, (ii) is ineligible to obtain a social security number, | 12 | | and (iii) presents to the Secretary documentation, issued by | 13 | | United States Citizenship and Immigration Services, | 14 | | authorizing the person's presence in this country. | 15 | | (b) A temporary visitor's driver's license is valid for 3 | 16 | | years, or for the period of time the individual is authorized |
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| 1 | | to remain in this country, whichever ends sooner.
| 2 | | (c) The Secretary shall adopt rules for implementing this | 3 | | Section, including rules regarding the design and content of | 4 | | the temporary visitor's driver's license.
| 5 | | (Source: P.A. 93-752, eff. 1-1-05.) | 6 | | (Text of Section after amendment by P.A. 97-1157 ) | 7 | | Sec. 6-105.1. Temporary visitor's driver's license. | 8 | | (a) The Secretary of State may issue a temporary visitor's | 9 | | driver's license to a foreign national who (i) resides in this | 10 | | State, (ii) is ineligible to obtain a social security number, | 11 | | and (iii) presents to the Secretary documentation, issued by | 12 | | United States Citizenship and Immigration Services, | 13 | | authorizing the person's presence in this country. | 14 | | (a-5) The Secretary of State may issue a temporary | 15 | | visitor's driver's license to an applicant who (i) has resided | 16 | | in this State for a period in excess of one year, (ii) is | 17 | | ineligible to obtain a social security number, and (iii) is | 18 | | unable to present documentation issued by the United States | 19 | | Citizenship and Immigration Services authorizing the person's | 20 | | presence in this country. The applicant shall submit a valid | 21 | | unexpired passport from the applicant's country of citizenship | 22 | | or a valid unexpired consular identification document issued by | 23 | | a consulate of that country as defined in Section 5 of the | 24 | | Consular Identification Document Act (5 ILCS 230/5). | 25 | | (a-10) Applicants for a temporary visitor's driver's |
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| 1 | | license who are under 18 years of age at the time of | 2 | | application shall be subject to the provisions of Sections | 3 | | 6-107 and 6-108 of this Code. | 4 | | (a-15) The Secretary of State shall require that each | 5 | | applicant, as part of the application process for a temporary | 6 | | visitor's driver's license, submit his or her fingerprints to | 7 | | the Department of State Police in the form and manner | 8 | | prescribed by the Department of State Police. The fingerprints | 9 | | will be searched against the Illinois State Police and Federal
| 10 | | Bureau of Investigation criminal history records databases. | 11 | | The applicant
shall be required to pay all related | 12 | | fingerprinting fees as established by rule including, but not | 13 | | limited to, the amounts established by the Department of State | 14 | | Police and the Federal Bureau of Investigation to process | 15 | | fingerprint based criminal background investigations. All fees | 16 | | paid for fingerprint processing services under this Section | 17 | | shall be deposited into the State Police Services Fund for | 18 | | costs incurred in processing the fingerprint based criminal | 19 | | background investigation. The Department of State Police shall | 20 | | provide all conviction information authorized by law or federal | 21 | | statute, now and hereafter filed against the applicant, to the | 22 | | Secretary of State. | 23 | | (b) A temporary visitor's driver's license issued under | 24 | | subsection (a) is valid for 3 years, or for the period of time | 25 | | the individual is authorized to remain in this country, | 26 | | whichever ends sooner. A temporary visitor's driver's license |
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| 1 | | issued under subsection (a-5) shall be valid for a period of 3 | 2 | | years. | 3 | | (b-5) A temporary visitor's driver's license issued under | 4 | | this Section may not be accepted for proof of the holder's | 5 | | identity. A temporary visitor's driver's license issued under | 6 | | this Section shall contain a notice on its face, in capitalized | 7 | | letters, stating that the temporary visitor's driver's license | 8 | | may not be accepted for proof of identity. | 9 | | (c) The Secretary shall adopt rules for implementing this | 10 | | Section, including rules: | 11 | | (1) regarding the design and content of the temporary | 12 | | visitor's driver's license; | 13 | | (2) establishing criteria for proof of identification | 14 | | and residency of an individual applying under subsection | 15 | | (a-5); | 16 | | (3) designating acceptable evidence that an applicant | 17 | | is not eligible for a social security number; and | 18 | | (4) regarding the issuance of temporary visitor's | 19 | | instruction permits.
| 20 | | (d) Any person to whom the Secretary of State may issue a | 21 | | temporary visitor's driver's license shall be subject to any | 22 | | and all provisions of this Code and any and all implementing | 23 | | regulations issued by the Secretary of State to the same extent | 24 | | as any person issued a driver's license, unless otherwise | 25 | | provided in this Code or by administrative rule, including but | 26 | | not limited to the examination requirements in Section 6-109 as |
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| 1 | | well as the mandatory insurance requirements and penalties set | 2 | | forth in Article VI of Chapter 7 of this Code. | 3 | | (d-5) A temporary visitor's driver's license is invalid if | 4 | | the holder is unable to provide proof of liability insurance as | 5 | | required by Section 7-601 of this Code upon the request of a | 6 | | law enforcement officer, in which case the holder commits a | 7 | | violation of Section 6-101 of this Code. | 8 | | (e) Temporary visitor's driver's licenses shall be issued | 9 | | from a central location after the Secretary of State has | 10 | | verified the information provided by the applicant. | 11 | | (f) There is created in the State treasury a special fund | 12 | | to be known as the Driver Services Administration Fund. All | 13 | | fees collected for the issuance of temporary visitor's driver's | 14 | | licenses shall be deposited into the Fund. These funds shall, | 15 | | subject to appropriation, be used by the Office of the | 16 | | Secretary of State for costs related to the issuance of | 17 | | temporary visitor's driver's licenses, and other operational | 18 | | costs, including personnel, facilities, computer programming, | 19 | | and data transmission. | 20 | | (Source: P.A. 97-1157, eff. 11-28-13.) | 21 | | Section 95. No acceleration or delay. Where this Act makes | 22 | | changes in a statute that is represented in this Act by text | 23 | | that is not yet or no longer in effect (for example, a Section | 24 | | represented by multiple versions), the use of that text does | 25 | | not accelerate or delay the taking effect of (i) the changes |
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| 1 | | made by this Act or (ii) provisions derived from any other | 2 | | Public Act.
| 3 | | Section 99. Effective date. This Act takes effect January | 4 | | 1, 2014.".
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