Sen. John J. Cullerton
Filed: 11/27/2012
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1 | AMENDMENT TO SENATE BILL 957
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2 | AMENDMENT NO. ______. Amend Senate Bill 957 by replacing | ||||||
3 | everything after the enacting clause with the following:
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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 Section 6-105.1 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, |
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1 | and (iii) presents to the Secretary documentation, issued by | ||||||
2 | United States Citizenship and Immigration Services, | ||||||
3 | authorizing the person's presence in this country. | ||||||
4 | (a-5) The Secretary of State may issue a temporary | ||||||
5 | visitor's driver's license to an applicant who (i) has resided | ||||||
6 | in this State for a period in excess of one year, (ii) is | ||||||
7 | ineligible to obtain a social security number, and (iii) is | ||||||
8 | unable to present documentation issued by the United States | ||||||
9 | Citizenship and Immigration Services authorizing the person's | ||||||
10 | presence in this country. The applicant shall submit a valid | ||||||
11 | unexpired passport from the applicant's country of citizenship | ||||||
12 | or a valid unexpired consular identification document issued by | ||||||
13 | a consulate of that country as defined in Section 5 of the | ||||||
14 | Consular Identification Document Act (5 ILCS 230/5). | ||||||
15 | (a-10) Applicants for a temporary visitor's driver's | ||||||
16 | license who are under 18 years of age at the time of | ||||||
17 | application, shall be subject to the provisions of Sections | ||||||
18 | 6-107 and 6-108 of this Code. | ||||||
19 | (b) A temporary visitor's driver's license issued under | ||||||
20 | subsection (a) is valid for 3 years, or for the period of time | ||||||
21 | the individual is authorized to remain in this country, | ||||||
22 | whichever ends sooner. A temporary visitor's driver's license | ||||||
23 | issued under subsection (a-5) shall be valid for a period of 3 | ||||||
24 | years. | ||||||
25 | (b-5) A temporary visitor's driver's license issued under | ||||||
26 | this Section may not be accepted for proof of the holder's |
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1 | identity. A temporary visitor's driver's license issued under | ||||||
2 | this Section shall contain a notice on its face, in capitalized | ||||||
3 | letters, stating that the temporary' visitor's driver's | ||||||
4 | license may not be accepted for proof of identity. | ||||||
5 | (c) The Secretary shall adopt rules for implementing this | ||||||
6 | Section, including rules : | ||||||
7 | (1) regarding the design and content of the temporary | ||||||
8 | visitor's driver's license ; | ||||||
9 | (2) establishing criteria for proof of identification | ||||||
10 | and residency of an individual applying under (a-5); | ||||||
11 | (3) designating acceptable evidence that an applicant | ||||||
12 | is not eligible for a social security number; and | ||||||
13 | (4) regarding the issuance of temporary visitor's | ||||||
14 | instruction permits .
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15 | (d) Any person to whom the Secretary of State may issue a | ||||||
16 | temporary visitor's driver's license shall be subject to any | ||||||
17 | and all provisions of this Code and any and all implementing | ||||||
18 | regulations issued by the Secretary of State to the same extent | ||||||
19 | as any person issued a driver's license, unless otherwise | ||||||
20 | provided in this Code or by administrative rule, including but | ||||||
21 | not limited to the examination requirements in Section 6-109 as | ||||||
22 | well as the mandatory insurance requirements and penalties set | ||||||
23 | forth in Article VI of Chapter 7 of this Code. | ||||||
24 | (e) Temporary visitor's driver's licenses shall be issued | ||||||
25 | from a central location after the Secretary of State has | ||||||
26 | verified the information provided by the applicant. |
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1 | (f) There is created in the State treasury a special fund | ||||||
2 | to be known as the Driver Services Administration Fund. All | ||||||
3 | fees collected for the issuance of temporary visitor's driver's | ||||||
4 | licenses shall be deposited into the Fund. These funds shall, | ||||||
5 | subject to appropriation, be used by the Office of the | ||||||
6 | Secretary of State for costs related to the issuance of | ||||||
7 | temporary visitor's driver's licenses, and other operational | ||||||
8 | costs, including personnel, facilities, computer programming, | ||||||
9 | and data transmission. | ||||||
10 | (Source: P.A. 93-752, eff. 1-1-05.) | ||||||
11 | Section 15. The Consular Identification Document Act is | ||||||
12 | amended by changing Section 10 as follows: | ||||||
13 | (5 ILCS 230/10)
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14 | Sec. 10. Acceptance of consular identification document. | ||||||
15 | (a) When requiring members of the public to provide | ||||||
16 | identification, each State agency and officer and unit of local | ||||||
17 | government shall accept a consular identification document as | ||||||
18 | valid identification of a person. | ||||||
19 | (b) A consular identification document shall be accepted | ||||||
20 | for purposes of identification only
and does not convey an | ||||||
21 | independent right to receive benefits of any type. | ||||||
22 | (c) A consular identification document may not be accepted | ||||||
23 | as identification for obtaining a driver's license , other than | ||||||
24 | a temporary visitor's driver's license, or registering to vote. |
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1 | (d) A consular identification document does not establish | ||||||
2 | or indicate lawful U.S. immigration status and may not be | ||||||
3 | viewed as valid for that purpose, nor does a consular | ||||||
4 | identification document establish a foreign national's right | ||||||
5 | to be in the United States or remain in the United States.
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6 | (e) The requirements of subsection (a) do not apply if: | ||||||
7 | (1) a federal law, regulation, or directive or a | ||||||
8 | federal court decision requires a State agency or officer | ||||||
9 | or a unit of local government to obtain different | ||||||
10 | identification; | ||||||
11 | (2) a federal law, regulation, or directive preempts | ||||||
12 | state regulation of identification requirements; or | ||||||
13 | (3) a State agency or officer or a unit of local | ||||||
14 | government would be unable to comply with a condition | ||||||
15 | imposed by a funding source which would cause the State | ||||||
16 | agency or officer or unit of local government to lose funds | ||||||
17 | from that source.
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18 | (f) Nothing in subsection (a) shall be construed to | ||||||
19 | prohibit a State agency or officer or a unit of local | ||||||
20 | government from: | ||||||
21 | (1) requiring additional information from persons in | ||||||
22 | order to verify a current address or other facts that would | ||||||
23 | enable the State agency or officer or unit of local | ||||||
24 | government to fulfill its responsibilities, except that | ||||||
25 | this paragraph (1) does not permit a State agency or | ||||||
26 | officer or a unit of local government to require additional |
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1 | information solely in order to establish identification of | ||||||
2 | the person when the consular identification document is the | ||||||
3 | form of identification presented; | ||||||
4 | (2) requiring fingerprints for identification purposes | ||||||
5 | under circumstances where the State agency or officer or | ||||||
6 | unit of local government also requires fingerprints from | ||||||
7 | persons who have a driver's license or Illinois | ||||||
8 | Identification Card; or | ||||||
9 | (3) requiring additional evidence of identification if
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10 | the State agency or officer or unit of local government | ||||||
11 | reasonably believes that: (A) the consular identification | ||||||
12 | document is forged, fraudulent,
or altered; or (B) the | ||||||
13 | holder
does not appear to be the same person on the | ||||||
14 | consular identification document.
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15 | (Source: P.A. 94-389, eff. 1-1-06.)
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16 | Section 99. Effective date. This Act takes effect 10 months | ||||||
17 | after becoming law.".
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