HB5424 96TH GENERAL ASSEMBLY

LRB096 19267 RPM 34658 b

96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB5424

Introduced 2/5/2010, by Rep. Charles E. Jefferson

SYNOPSIS AS INTRODUCED:

15 ILCS 335/12	from Ch. 124, par. 32
410 ILCS 535/30 new
625 ILCS 5/6-118	from Ch. 95 1/2, par. 6-118

Amends the Illinois Identification Card Act, Vital Records Act, and Illinois Vehicle Code to provide that if a military veteran who is currently participating in a skills training, rehabilitation, or employment program that is either operated by a State agency or operated by a non-State organization that is currently receiving grant funds from the State for the purposes of the program makes a written request or application for a copy or a certified copy of a birth certificate, a driver's license or the renewal of a driver's license, or an identification card, then the military veteran shall not be charged any fee for such request or application. Provides that the Secretary of State in consultation with the Department of Public Health shall develop rules to implement the provisions concerning fee waivers for military veterans participating in skills training programs. Contains a nonacceleration clause.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning State government.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Illinois Identification Card Act is amended by changing Section 12 as follows:

(15 ILCS 335/12) (from Ch. 124, par. 32)

(Text of Section before amendment by P.A. 96-183)

Sec. 12. Fees concerning Standard Illinois Identification Cards. The fees required under this Act for standard Illinois Identification Cards must accompany any application provided for in this Act, and the Secretary shall collect such fees as follows:

All fees collected under this Act shall be paid into the Road Fund of the State treasury, except that the following amounts shall be paid into the General Revenue Fund: (i) 80% of the fee for an original, renewal, or duplicate Illinois Identification Card issued on or after January 1, 2005; and (ii) 80% of the fee for a corrected Illinois Identification Card issued on or after January 1, 2005.

Any disabled person making an application for a standard Illinois Identification Card for no fee must, along with the application, submit an affirmation by the applicant on a form to be provided by the Secretary of State, attesting that such person is a disabled person as defined in Section 4A of this Act.

An individual, who resides in a veterans home or veterans hospital operated by the state or federal government, who makes an application for an Illinois Identification Card to be issued at no fee, must submit, along with the application, an affirmation by the applicant on a form provided by the Secretary of State, that such person resides in a veterans home or veterans hospital operated by the state or federal government.

Pursuant to Section 30 of the Vital Records Act, if a military veteran who is currently participating in a skills training, rehabilitation, or employment program that is either operated by a State agency or operated by a non-State organization that is currently receiving grant funds from the State for the purposes of the program makes a written request or application for an identification card, then the military veteran shall not be charged any fee for such request or application. The Secretary of State, in consultation with the Department of Public Health, shall develop rules to implement the provisions of this Section.

(Source: P.A. 95-55, eff. 8-10-07.)

(Text of Section after amendment by P.A. 96-183)

Sec. 12. Fees concerning Standard Illinois Identification Cards. The fees required under this Act for standard Illinois Identification Cards must accompany any application provided for in this Act, and the Secretary shall collect such fees as follows:

All fees collected under this Act shall be paid into the Road Fund of the State treasury, except that the following amounts shall be paid into the General Revenue Fund: (i) 80% of the fee for an original, renewal, or duplicate Illinois Identification Card issued on or after January 1, 2005; and (ii) 80% of the fee for a corrected Illinois Identification Card issued on or after January 1, 2005.

Any disabled person making an application for a standard Illinois Identification Card for no fee must, along with the application, submit an affirmation by the applicant on a form to be provided by the Secretary of State, attesting that such person is a disabled person as defined in Section 4A of this Act.

An individual, who resides in a veterans home or veterans hospital operated by the state or federal government, who makes an application for an Illinois Identification Card to be issued at no fee, must submit, along with the application, an affirmation by the applicant on a form provided by the Secretary of State, that such person resides in a veterans home or veterans hospital operated by the state or federal government.

The application of a homeless individual for an Illinois Identification Card to be issued at no fee must be accompanied by an affirmation by a qualified person, as defined in Section 4C of this Act, on a form provided by the Secretary of State, that the applicant is currently homeless as defined in Section 1A of this Act.

Pursuant to Section 30 of the Vital Records Act, if a military veteran who is currently participating in a skills training, rehabilitation, or employment program that is either operated by a State agency or operated by a non-State organization that is currently receiving grant funds from the State for the purposes of the program makes a written request or application for an identification card, then the military veteran shall not be charged any fee for such request or application. The Secretary of State, in consultation with the Department of Public Health, shall develop rules to implement the provisions of this Section.

(Source: P.A. 95-55, eff. 8-10-07; 96-183, eff. 7-1-10.)

Section 10. The Vital Records Act is amended by adding Section 30 as follows:

(410 ILCS 535/30 new)

Sec. 30. Veterans; fee waiver. Notwithstanding any provision of law to the contrary, if a military veteran who is currently participating in a skills training, rehabilitation, or employment program that is either operated by a State agency or operated by a non-State organization that is currently receiving grant funds from the State for the purposes of the program makes a written request or application for a copy or a certified copy of a birth certificate, a driver's license or the renewal of a driver's license pursuant to the Illinois Vehicle Code, or an identification card pursuant to the Illinois Identification Card Act, then the military veteran shall not be charged any fee for such request or application. For the purposes of the fee waivers under this Section, "military veteran" means an Illinois resident who has served as a member of the United States Armed Forces, a member of the Illinois National Guard, or a member of the United States Reserve Forces. The Department, in cooperation with the Secretary of State, shall develop rules to implement the provisions of this Section.

Section 15. The Illinois Vehicle Code is amended by changing Section 6-118 as follows:

(625 ILCS 5/6-118) (from Ch. 95 1/2, par. 6-118)

Sec. 6-118. Fees.

(a) The fee for licenses and permits under this Article is as follows:

Original driver's license............................$30

Original or renewal driver's license

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

All driver's licenses for persons

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

All driver's licenses for persons

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

All driver's licenses for persons

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

Renewal driver's license (except for

applicants ages 18, 19 and 20 or

age 69 and older).................................30

Original instruction permit issued to

persons (except those age 69 and older)

who do not hold or have not previously

held an Illinois instruction permit or

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

Instruction permit issued to any person

holding an Illinois driver's license

who wishes a change in classifications,

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

Any instruction permit issued to a person

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

Instruction permit issued to any person,

under age 69, not currently holding a

valid Illinois driver's license or

instruction permit but who has

previously been issued either document

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

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

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

Duplicate or corrected driver's license

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

Duplicate or corrected restricted

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

Duplicate or corrected monitoring

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

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

SPECIAL FEES FOR COMMERCIAL DRIVER'S LICENSE

The fees for commercial driver licenses and permits under Article V shall be as follows:

Commercial driver's license:

$6 for the CDLIS/AAMVAnet Fund

(Commercial Driver's License Information

System/American Association of Motor Vehicle

Administrators network Trust Fund);

$20 for the Motor Carrier Safety Inspection Fund;

$10 for the driver's license;

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

Renewal commercial driver's license:

$6 for the CDLIS/AAMVAnet Trust Fund;

$20 for the Motor Carrier Safety Inspection Fund;

$10 for the driver's license; and

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

Commercial driver instruction permit

issued to any person holding a valid

Illinois driver's license for the

purpose of changing to a

CDL classification: $6 for the

CDLIS/AAMVAnet Trust Fund;

$20 for the Motor Carrier

Safety Inspection Fund; and

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

Commercial driver instruction permit

issued to any person holding a valid

Illinois CDL for the purpose of

making a change in a classification,

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

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

In order to ensure the proper implementation of the Uniform Commercial Driver License Act, Article V of this Chapter, the Secretary of State is empowered to pro-rate the $24 fee for the commercial driver's license proportionate to the expiration date of the applicant's Illinois driver's license.

The fee for any duplicate license or permit shall be waived for any person age 60 or older who presents the Secretary of State's office with a police report showing that his license or permit was stolen.

No additional fee shall be charged for a driver's license, or for a commercial driver's license, when issued to the holder of an instruction permit for the same classification or type of license who becomes eligible for such license.

(b) Any person whose license or privilege to operate a motor vehicle in this State has been suspended or revoked under Section 3-707, any provision of Chapter 6, Chapter 11, or Section 7-205, 7-303, or 7-702 of the Family Financial Responsibility Law of this Code, shall in addition to any other fees required by this Code, pay a reinstatement fee as follows:

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

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

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

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

However, any person whose license or privilege to operate a motor vehicle in this State has been suspended or revoked for a second or subsequent time for a violation of Section 11-501 or 11-501.1 of this Code or a similar provision of a local ordinance or a similar out-of-state offense or Section 9-3 of the Criminal Code of 1961 and each suspension or revocation was for a violation of Section 11-501 or 11-501.1 of this Code or a similar provision of a local ordinance or a similar out-of-state offense or Section 9-3 of the Criminal Code of 1961 shall pay, in addition to any other fees required by this Code, a reinstatement fee as follows:

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

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

(c) All fees collected under the provisions of this Chapter 6 shall be paid into the Road Fund in the State Treasury except as follows:

1. The following amounts shall be paid into the Driver Education Fund:

(A) $16 of the $20 fee for an original driver's instruction permit;

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

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

(D) $4 of the $8 fee for a restricted driving permit; and

(E) $4 of the $8 fee for a monitoring device driving permit.

2. $30 of the $250 fee for reinstatement of a license summarily suspended under Section 11-501.1 shall be deposited into the Drunk and Drugged Driving Prevention Fund. However, for a person whose license or privilege to operate a motor vehicle in this State has been suspended or revoked for a second or subsequent time for a violation of Section 11-501 or 11-501.1 of this Code or Section 9-3 of the Criminal Code of 1961, $190 of the $500 fee for reinstatement of a license summarily suspended under Section 11-501.1, and $190 of the $500 fee for reinstatement of a revoked license shall be deposited into the Drunk and Drugged Driving Prevention Fund.

3. $6 of such original or renewal fee for a commercial driver's license and $6 of the commercial driver instruction permit fee when such permit is issued to any person holding a valid Illinois driver's license, shall be paid into the CDLIS/AAMVAnet Trust Fund.

4. $30 of the $70 fee for reinstatement of a license suspended under the Family Financial Responsibility Law shall be paid into the Family Responsibility Fund.

5. The $5 fee for each original or renewal M or L endorsement shall be deposited into the Cycle Rider Safety Training Fund.

6. $20 of any original or renewal fee for a commercial driver's license or commercial driver instruction permit shall be paid into the Motor Carrier Safety Inspection Fund.

7. The following amounts shall be paid into the General Revenue Fund:

(A) $190 of the $250 reinstatement fee for a summary suspension under Section 11-501.1;

(B) $40 of the $70 reinstatement fee for any other suspension provided in subsection (b) of this Section; and

(C) $440 of the $500 reinstatement fee for a first offense revocation and $310 of the $500 reinstatement fee for a second or subsequent revocation.

(d) All of the proceeds of the additional fees imposed by this amendatory Act of the 96th General Assembly shall be deposited into the Capital Projects Fund.

(e) The additional fees imposed by this amendatory Act of the 96th General Assembly shall become effective 90 days after becoming law.

(f) Pursuant to Section 30 of the Vital Records Act, if a military veteran who is currently participating in a skills training, rehabilitation, or employment program that is either operated by a State agency or operated by a non-State organization that is currently receiving grant funds from the State for the purposes of the program makes a written request or application for a driver's license or the renewal of a driver's license, then the military veteran shall not be charged any fee for such request or application. The Secretary of State, in consultation with the Department of Public Health, shall develop rules to implement the provisions of this subsection.

(Source: P.A. 95-855, eff. 1-1-09; 96-34, eff. 7-13-09; 96-38, eff. 7-13-09.)

Section 95. No acceleration or delay. Where this Act makes changes in a statute that is represented in this Act by text that is not yet or no longer in effect (for example, a Section represented by multiple versions), the use of that text does not accelerate or delay the taking effect of (i) the changes made by this Act or (ii) provisions derived from any other Public Act.