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.