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1 | AN ACT concerning transportation.
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2 | Be it enacted by the People of the State of Illinois, | ||||||
3 | represented in the General Assembly:
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4 | Section 5. The State Finance Act is amended by adding | ||||||
5 | Section 5.826 as follows: | ||||||
6 | (30 ILCS 105/5.826 new) | ||||||
7 | Sec. 5.826. The Driver Services Administration Fund. | ||||||
8 | Section 10. The Illinois Vehicle Code is amended by | ||||||
9 | changing Sections 6-105.1 and 6-601 as follows: | ||||||
10 | (625 ILCS 5/6-105.1)
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11 | Sec. 6-105.1. Temporary visitor's driver's license. | ||||||
12 | (a) The Secretary of State may issue a temporary visitor's | ||||||
13 | driver's license to a foreign national who (i) resides in this | ||||||
14 | State, (ii) is ineligible to obtain a social security number, | ||||||
15 | and (iii) presents to the Secretary documentation, issued by | ||||||
16 | United States Citizenship and Immigration Services, | ||||||
17 | authorizing the person's presence in this country. | ||||||
18 | (a-5) The Secretary of State may issue a temporary | ||||||
19 | visitor's driver's license to an applicant who (i) has resided | ||||||
20 | in this State for a period in excess of one year, (ii) is | ||||||
21 | ineligible to obtain a social security number, and (iii) is |
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1 | unable to present documentation issued by the United States | ||||||
2 | Citizenship and Immigration Services authorizing the person's | ||||||
3 | presence in this country. The applicant shall submit a valid | ||||||
4 | unexpired passport from the applicant's country of citizenship | ||||||
5 | or a valid unexpired consular identification document issued by | ||||||
6 | a consulate of that country as defined in Section 5 of the | ||||||
7 | Consular Identification Document Act (5 ILCS 230/5). | ||||||
8 | (a-10) Applicants for a temporary visitor's driver's | ||||||
9 | license who are under 18 years of age at the time of | ||||||
10 | application shall be subject to the provisions of Sections | ||||||
11 | 6-107 and 6-108 of this Code. | ||||||
12 | (b) A temporary visitor's driver's license issued under | ||||||
13 | subsection (a) is valid for 3 years, or for the period of time | ||||||
14 | the individual is authorized to remain in this country, | ||||||
15 | whichever ends sooner. A temporary visitor's driver's license | ||||||
16 | issued under subsection (a-5) shall be valid for a period of 3 | ||||||
17 | years. | ||||||
18 | (b-5) A temporary visitor's driver's license issued under | ||||||
19 | this Section may not be accepted for proof of the holder's | ||||||
20 | identity. A temporary visitor's driver's license issued under | ||||||
21 | this Section shall contain a notice on its face, in capitalized | ||||||
22 | letters, stating that the temporary visitor's driver's license | ||||||
23 | may not be accepted for proof of identity. | ||||||
24 | (c) The Secretary shall adopt rules for implementing this | ||||||
25 | Section, including rules : | ||||||
26 | (1) regarding the design and content of the temporary |
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1 | visitor's driver's license ; | ||||||
2 | (2) establishing criteria for proof of identification | ||||||
3 | and residency of an individual applying under subsection | ||||||
4 | (a-5); | ||||||
5 | (3) designating acceptable evidence that an applicant | ||||||
6 | is not eligible for a social security number; and | ||||||
7 | (4) regarding the issuance of temporary visitor's | ||||||
8 | instruction permits .
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9 | (d) Any person to whom the Secretary of State may issue a | ||||||
10 | temporary visitor's driver's license shall be subject to any | ||||||
11 | and all provisions of this Code and any and all implementing | ||||||
12 | regulations issued by the Secretary of State to the same extent | ||||||
13 | as any person issued a driver's license, unless otherwise | ||||||
14 | provided in this Code or by administrative rule, including but | ||||||
15 | not limited to the examination requirements in Section 6-109 as | ||||||
16 | well as the mandatory insurance requirements and penalties set | ||||||
17 | forth in Article VI of Chapter 7 of this Code. | ||||||
18 | (d-5) A temporary visitor's driver's license is invalid if | ||||||
19 | the holder is unable to provide proof of liability insurance as | ||||||
20 | required by Section 7-601 of this Code upon the request of a | ||||||
21 | law enforcement officer, in which case the holder commits a | ||||||
22 | violation of Section 6-101 of this Code. | ||||||
23 | (e) Temporary visitor's driver's licenses shall be issued | ||||||
24 | from a central location after the Secretary of State has | ||||||
25 | verified the information provided by the applicant. | ||||||
26 | (f) There is created in the State treasury a special fund |
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1 | to be known as the Driver Services Administration Fund. All | ||||||
2 | fees collected for the issuance of temporary visitor's driver's | ||||||
3 | licenses shall be deposited into the Fund. These funds shall, | ||||||
4 | subject to appropriation, be used by the Office of the | ||||||
5 | Secretary of State for costs related to the issuance of | ||||||
6 | temporary visitor's driver's licenses, and other operational | ||||||
7 | costs, including personnel, facilities, computer programming, | ||||||
8 | and data transmission. | ||||||
9 | (Source: P.A. 93-752, eff. 1-1-05.)
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10 | (625 ILCS 5/6-601) (from Ch. 95 1/2, par. 6-601)
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11 | Sec. 6-601. Penalties.
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12 | (a) It is a petty offense for any person to violate any of | ||||||
13 | the
provisions of this Chapter unless such violation is by this | ||||||
14 | Code or other
law of this State declared to be a misdemeanor or | ||||||
15 | a felony.
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16 | (b) General penalties. Unless another penalty is in this | ||||||
17 | Code
or other laws of this State, every person convicted of a | ||||||
18 | petty
offense for the violation of any provision of this | ||||||
19 | Chapter shall be
punished by a fine of not more than $500.
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20 | (c) Unlicensed driving. Except as hereinafter provided a | ||||||
21 | violation
of Section 6-101 shall be:
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22 | 1. A Class A misdemeanor if the person failed to obtain | ||||||
23 | a driver's
license or permit after expiration of a period | ||||||
24 | of revocation.
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25 | 2. A Class B misdemeanor if the person has been issued |
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1 | a driver's license
or permit, which has expired, and if the | ||||||
2 | period of expiration is greater than
one year; or if the | ||||||
3 | person has never been issued a driver's license or permit,
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4 | or is not qualified to obtain a driver's license or permit | ||||||
5 | because of his age.
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6 | 3. A petty offense if the person has been issued a | ||||||
7 | temporary visitor's driver's license or permit and is | ||||||
8 | unable to provide proof of liability insurance as provided | ||||||
9 | in subsection (d-5) of Section 6-105.1. | ||||||
10 | If a licensee under this Code is convicted of violating | ||||||
11 | Section 6-303 for
operating a motor vehicle during a time when | ||||||
12 | such licensee's driver's license
was suspended under the | ||||||
13 | provisions of Section 6-306.3, then such act shall be
a petty | ||||||
14 | offense (provided the licensee has answered the charge which | ||||||
15 | was the
basis of the suspension under Section 6-306.3), and | ||||||
16 | there shall be imposed no
additional like period of suspension | ||||||
17 | as provided in paragraph (b) of Section
6-303.
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18 | (Source: P.A. 96-607, eff. 8-24-09.)
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19 | Section 15. The Consular Identification Document Act is | ||||||
20 | amended by changing Section 10 as follows: | ||||||
21 | (5 ILCS 230/10)
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22 | Sec. 10. Acceptance of consular identification document. | ||||||
23 | (a) When requiring members of the public to provide | ||||||
24 | identification, each State agency and officer and unit of local |
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1 | government shall accept a consular identification document as | ||||||
2 | valid identification of a person. | ||||||
3 | (b) A consular identification document shall be accepted | ||||||
4 | for purposes of identification only
and does not convey an | ||||||
5 | independent right to receive benefits of any type. | ||||||
6 | (c) A consular identification document may not be accepted | ||||||
7 | as identification for obtaining a driver's license , other than | ||||||
8 | a temporary visitor's driver's license, or registering to vote. | ||||||
9 | (d) A consular identification document does not establish | ||||||
10 | or indicate lawful U.S. immigration status and may not be | ||||||
11 | viewed as valid for that purpose, nor does a consular | ||||||
12 | identification document establish a foreign national's right | ||||||
13 | to be in the United States or remain in the United States.
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14 | (e) The requirements of subsection (a) do not apply if: | ||||||
15 | (1) a federal law, regulation, or directive or a | ||||||
16 | federal court decision requires a State agency or officer | ||||||
17 | or a unit of local government to obtain different | ||||||
18 | identification; | ||||||
19 | (2) a federal law, regulation, or directive preempts | ||||||
20 | state regulation of identification requirements; or | ||||||
21 | (3) a State agency or officer or a unit of local | ||||||
22 | government would be unable to comply with a condition | ||||||
23 | imposed by a funding source which would cause the State | ||||||
24 | agency or officer or unit of local government to lose funds | ||||||
25 | from that source.
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26 | (f) Nothing in subsection (a) shall be construed to |
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1 | prohibit a State agency or officer or a unit of local | ||||||
2 | government from: | ||||||
3 | (1) requiring additional information from persons in | ||||||
4 | order to verify a current address or other facts that would | ||||||
5 | enable the State agency or officer or unit of local | ||||||
6 | government to fulfill its responsibilities, except that | ||||||
7 | this paragraph (1) does not permit a State agency or | ||||||
8 | officer or a unit of local government to require additional | ||||||
9 | information solely in order to establish identification of | ||||||
10 | the person when the consular identification document is the | ||||||
11 | form of identification presented; | ||||||
12 | (2) requiring fingerprints for identification purposes | ||||||
13 | under circumstances where the State agency or officer or | ||||||
14 | unit of local government also requires fingerprints from | ||||||
15 | persons who have a driver's license or Illinois | ||||||
16 | Identification Card; or | ||||||
17 | (3) requiring additional evidence of identification if
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18 | the State agency or officer or unit of local government | ||||||
19 | reasonably believes that: (A) the consular identification | ||||||
20 | document is forged, fraudulent,
or altered; or (B) the | ||||||
21 | holder
does not appear to be the same person on the | ||||||
22 | consular identification document.
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23 | (Source: P.A. 94-389, eff. 1-1-06.)
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24 | Section 99. Effective date. This Act takes effect 10 months | ||||||
25 | after becoming law. |