Illinois General Assembly - Full Text of SB0067
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Full Text of SB0067  93rd General Assembly

SB0067sam002 93rd General Assembly


093_SB0067sam002

 










                                     LRB093 02105 DRH 19614 a

 1                     AMENDMENT TO SENATE BILL 67

 2        AMENDMENT NO.     .  Amend Senate Bill 67, AS AMENDED, by
 3    replacing everything  after  the  enacting  clause  with  the
 4    following:

 5        "Section  5.  The  State Finance Act is amended by adding
 6    Section 5.595 as follows:

 7        (30 ILCS 105/5.595 new)
 8        Sec. 5.595.  The Secretary  of  State  Immigrant  License
 9    Fund.

10        Section  10.  The  Illinois  Vehicle  Code  is amended by
11    changing Sections 2-119, 6-106, and 6-118 as follows:

12        (625 ILCS 5/2-119) (from Ch. 95 1/2, par. 2-119)
13        Sec. 2-119. Disposition of fees and taxes.
14        (a)  All moneys received from Salvage Certificates  shall
15    be deposited in the Common School Fund in the State Treasury.
16        (b)  Beginning  January  1,  1990 and concluding December
17    31, 1994, of the money  collected  for  each  certificate  of
18    title,   duplicate   certificate   of   title  and  corrected
19    certificate of title, $0.50 shall be deposited into the  Used
20    Tire   Management   Fund.   Beginning  January  1,  1990  and
 
                            -2-      LRB093 02105 DRH 19614 a
 1    concluding December 31, 1994, of the money collected for each
 2    certificate of title,  duplicate  certificate  of  title  and
 3    corrected  certificate  of title, $1.50 shall be deposited in
 4    the Park and Conservation Fund.
 5        Beginning January 1, 1995, of  the  money  collected  for
 6    each certificate of title, duplicate certificate of title and
 7    corrected  certificate of title, $2 shall be deposited in the
 8    Park and Conservation Fund.  The moneys deposited in the Park
 9    and Conservation Fund pursuant to this Section shall be  used
10    for the acquisition and development of bike paths as provided
11    for in Section 805-420 of the Department of Natural Resources
12    (Conservation) Law (20 ILCS 805/805-420).
13        Beginning  January  1,  2000, of the moneys collected for
14    each certificate of title, duplicate  certificate  of  title,
15    and  corrected  certificate  of title, $48 shall be deposited
16    into the Road Fund and $4 shall be deposited into  the  Motor
17    Vehicle License Plate Fund, except that if the balance in the
18    Motor  Vehicle  License Plate Fund exceeds $40,000,000 on the
19    last day of a calendar month, then during the  next  calendar
20    month the $4 shall instead be deposited into the Road Fund.
21        Except  as otherwise provided in this Code, all remaining
22    moneys collected for certificates of title,  and  all  moneys
23    collected  for  filing of security interests, shall be placed
24    in the General Revenue Fund in the State Treasury.
25        (c)  All moneys collected for that portion of a  driver's
26    license  fee  designated  for  driver education under Section
27    6-118 shall be placed in the Driver  Education  Fund  in  the
28    State Treasury.
29        (d)  Beginning  January  1, 1999, of the monies collected
30    as a registration fee for each motorcycle, motor driven cycle
31    and motorized pedalcycle, 27% of each annual registration fee
32    for such vehicle and 27% of each semiannual registration  fee
33    for  such  vehicle  is  deposited  in  the Cycle Rider Safety
34    Training Fund.
 
                            -3-      LRB093 02105 DRH 19614 a
 1        (e)  Of the monies received by the Secretary of State  as
 2    registration fees or taxes or as payment of any other fee, as
 3    provided  in  this Act, except fees received by the Secretary
 4    under paragraph (7) of subsection (b) of  Section  5-101  and
 5    Section  5-109  of this Code, 37% shall be deposited into the
 6    State Construction Fund.
 7        (f)  Of the total money collected for a  CDL  instruction
 8    permit  or  original  or  renewal  issuance  of  a commercial
 9    driver's license (CDL) pursuant  to  the  Uniform  Commercial
10    Driver's  License Act (UCDLA): (i) $6 of the total fee for an
11    original or renewal CDL, and $6 of the total CDL  instruction
12    permit fee when such permit is issued to any person holding a
13    valid  Illinois  driver's  license,  shall  be  paid into the
14    CDLIS/AAMVAnet  Trust  Fund  (Commercial   Driver's   License
15    Information  System/American  Association  of  Motor  Vehicle
16    Administrators  network Trust Fund) and shall be used for the
17    purposes provided in Section 6z-23 of the State  Finance  Act
18    and  (ii) $20 of the total fee for an original or renewal CDL
19    or commercial driver instruction permit shall  be  paid  into
20    the  Motor  Carrier  Safety  Inspection Fund, which is hereby
21    created as a special fund in the State Treasury, to  be  used
22    by  the Department of State Police, subject to appropriation,
23    to hire additional officers to conduct motor  carrier  safety
24    inspections pursuant to Chapter 18b of this Code.
25        (g)  All  remaining  moneys  received by the Secretary of
26    State as registration fees or taxes  or  as  payment  of  any
27    other  fee,  as provided in this Act, except fees received by
28    the Secretary under paragraph (7)(A)  of  subsection  (b)  of
29    Section  5-101  and  Section  5-109  of  this  Code, shall be
30    deposited in the Road Fund in the State Treasury.  Moneys  in
31    the  Road  Fund  shall  be  used for the purposes provided in
32    Section 8.3 of the State Finance Act.
33        (h)  (Blank).
34        (i)  (Blank).
 
                            -4-      LRB093 02105 DRH 19614 a
 1        (j)  (Blank).
 2        (k)  There is created in the  State  Treasury  a  special
 3    fund  to  be  known as the Secretary of State Special License
 4    Plate Fund.  Money deposited into the Fund shall, subject  to
 5    appropriation,  be  used  by  the  Office of the Secretary of
 6    State (i)  to  help  defray  plate  manufacturing  and  plate
 7    processing  costs  for  the  issuance  and,  when applicable,
 8    renewal of any new or existing registration plates authorized
 9    under this Code and (ii) for grants made by the Secretary  of
10    State to benefit Illinois Veterans Home libraries.
11        On  or  before  October  1,  1995, the Secretary of State
12    shall direct the State Comptroller  and  State  Treasurer  to
13    transfer  any unexpended balance in the Special Environmental
14    License Plate Fund, the Special Korean  War  Veteran  License
15    Plate  Fund, and the Retired Congressional License Plate Fund
16    to the Secretary of State Special License Plate Fund.
17        (l)  The Motor Vehicle Review Board Fund is created as  a
18    special  fund  in  the State Treasury.  Moneys deposited into
19    the Fund under paragraph (7) of  subsection  (b)  of  Section
20    5-101  and  Section 5-109 shall, subject to appropriation, be
21    used by the Office of the Secretary of  State  to  administer
22    the  Motor Vehicle Review Board, including without limitation
23    payment of compensation and all necessary  expenses  incurred
24    in  administering  the  Motor  Vehicle Review Board under the
25    Motor Vehicle Franchise Act.
26        (m)  Effective July 1, 1996,  there  is  created  in  the
27    State  Treasury  a  special  fund  to  be known as the Family
28    Responsibility Fund.  Moneys deposited into the  Fund  shall,
29    subject  to  appropriation,  be  used  by  the  Office of the
30    Secretary of State for the purpose of  enforcing  the  Family
31    Financial Responsibility Law.
32        (n)  The Illinois Fire Fighters' Memorial Fund is created
33    as  a  special  fund in the State Treasury.  Moneys deposited
34    into the Fund shall, subject to appropriation, be used by the
 
                            -5-      LRB093 02105 DRH 19614 a
 1    Office of the State Fire  Marshal  for  construction  of  the
 2    Illinois  Fire  Fighters' Memorial to be located at the State
 3    Capitol  grounds  in   Springfield,   Illinois.    Upon   the
 4    completion  of the Memorial, moneys in the Fund shall be used
 5    in accordance with Section 3-634.
 6        (o)  Of the money collected for each certificate of title
 7    for all-terrain vehicles  and  off-highway  motorcycles,  $17
 8    shall be deposited into the Off-Highway Vehicle Trails Fund.
 9        (p)  For  audits  conducted  on  or  after  July  1, 2003
10    pursuant to Section 2-124(d) of this Code, 50% of  the  money
11    collected  as  audit fees shall be deposited into the General
12    Revenue Fund.
13        (q)  The Secretary of State  Immigrant  License  Fund  is
14    created  as  a  special  fund  in the State treasury.  Moneys
15    deposited into the fund shall, subject to  appropriation,  be
16    used by the Secretary of State to pay for the increase in the
17    costs  associated  with  additional  immigrant applicants for
18    drivers  licenses  and  costs  associated  with   specialized
19    verification procedures regarding those applicants.
20    (Source: P.A. 92-16, eff. 6-28-01; 93-32, eff. 7-1-03.)

21        (625 ILCS 5/6-106) (from Ch. 95 1/2, par. 6-106)
22        Sec.   6-106.  Application  for  license  or  instruction
23    permit.
24        (a)  Every  application  for  any   permit   or   license
25    authorized  to  be issued under this Act shall be made upon a
26    form furnished by the Secretary of State.  Every  application
27    shall  be  accompanied  by the proper fee and payment of such
28    fee shall entitle the applicant to not more than  3  attempts
29    to  pass  the examination within a period of 1 year after the
30    date of application.
31        (b)  Every  application  shall  state  the  name,  social
32    security number, zip code, date of birth, sex, and  residence
33    address  of  the  applicant;  briefly describe the applicant;
 
                            -6-      LRB093 02105 DRH 19614 a
 1    state whether the applicant has theretofore been licensed  as
 2    a  driver, and, if so, when and by what state or country, and
 3    whether any such license has ever been cancelled,  suspended,
 4    revoked  or refused, and, if so, the date and reason for such
 5    cancellation,  suspension,  revocation  or   refusal;   shall
 6    include  an affirmation by the applicant that all information
 7    set forth is true and correct; and shall bear the applicant's
 8    signature.   The  application  form  may  also  require   the
 9    statement  of  such  additional  relevant  information as the
10    Secretary of State shall  deem  necessary  to  determine  the
11    applicant's competency and eligibility.
12        The Secretary of State may in his discretion substitute a
13    federal tax number in lieu of a social security number, or he
14    may  instead  assign an additional distinctive number in lieu
15    thereof, where  an  applicant  is  prohibited  by  bona  fide
16    religious   convictions  from  applying  or  is  exempt  from
17    applying for a social security number. The Secretary of State
18    shall, however, determine which  religious  orders  or  sects
19    have  such  bona fide religious convictions. The Secretary of
20    State shall issue a drivers license to an applicant who is an
21    immigrant and ineligible for a social security number if  the
22    applicant  has  (i) provided the Secretary with an individual
23    tax identification number; (ii) filed with the Secretary,  at
24    the  time  of  application,  an  affidavit  stating  that the
25    applicant is an immigrant  and  not  eligible  for  a  social
26    security   number   and  that  the  applicant  will  file  an
27    application to become a  permanent  resident  of  the  United
28    States  at the earliest opportunity the applicant is eligible
29    to do so; (iii) provided a current  foreign  passport  and  a
30    foreign birth certificate; and (iv) surrendered all illegally
31    obtained  forms  of  drivers licenses or State identification
32    cards   issued   to   the   applicant   by   the   Secretary.
33    Relinquishment  of  State  issued  identification  shall   be
34    handled  by  the  Secretary  at  his  or  her discretion. The
 
                            -7-      LRB093 02105 DRH 19614 a
 1    Secretary may also  require  any  combination  of  additional
 2    documents, as set forth by administrative rule, as sufficient
 3    proof  of  residency  or identification. The foreign passport
 4    and foreign birth certificate and  any  additional  documents
 5    required  may be accepted only if: (i) the passport and birth
 6    certificate and any additional  documents  are  difficult  to
 7    duplicate and (ii) the passport and birth certificate and any
 8    additional  documents are verifiable with the issuing agency.
 9    This amendatory Act of the 93rd  General  Assembly  does  not
10    affect  the  issuance  of  any commercial driver's license or
11    school bus driver's permit under the Illinois Vehicle Code or
12    any   State   identification   card   under   the    Illinois
13    Identification Card Act.
14        The Secretary of State may, in his discretion, by rule or
15    regulation, provide that an application for a drivers license
16    or  permit may include a suitable photograph of the applicant
17    in the form prescribed by the Secretary, and he  may  further
18    provide  that each drivers license shall include a photograph
19    of  the  driver.  The  Secretary  of  State  may  utilize   a
20    photograph   process   or   system  most  suitable  to  deter
21    alteration or improper reproduction of a drivers license  and
22    to prevent substitution of another photo thereon.
23        (c)  The  application  form shall include a notice to the
24    applicant of the registration obligations  of  sex  offenders
25    under the Sex Offender Registration Act.  The notice shall be
26    provided  in a form and manner prescribed by the Secretary of
27    State.  For purposes of this subsection (c),  "sex  offender"
28    has  the  meaning  ascribed  to  it  in  Section 2 of the Sex
29    Offender Registration Act.
30        (d)  Any male United  States  citizen  or  immigrant  who
31    applies  for  any  permit  or license authorized to be issued
32    under this Act or for a renewal of any permit or license, and
33    who is at least 18 years of age but less  than  26  years  of
34    age,  must  be registered in compliance with the requirements
 
                            -8-      LRB093 02105 DRH 19614 a
 1    of the federal Military Selective Service Act. The  Secretary
 2    of  State  must forward in an electronic format the necessary
 3    personal information regarding the applicants  identified  in
 4    this  subsection  (d)  to  the  Selective Service System. The
 5    applicant's  signature  on  the  application  serves  as   an
 6    indication  that  the applicant either has already registered
 7    with the Selective Service System or that he  is  authorizing
 8    the  Secretary to forward to the Selective Service System the
 9    necessary information for registration.  The  Secretary  must
10    notify  the  applicant  at  the  time of application that his
11    signature  constitutes  consent  to  registration  with   the
12    Selective Service System, if he is not already registered.
13    (Source: P.A. 92-117, eff. 1-1-02.)

14        (625 ILCS 5/6-118) (from Ch. 95 1/2, par. 6-118)
15        Sec. 6-118.  Fees.
16        (a)  The  fee for licenses and permits under this Article
17    is as follows:
18        Original driver's license
19             issued to a person who has provided
20             the Secretary with his or her social
21             security number or a person who has
22             not provided a social security number
23             for religious reasons or because he or
24             she is exempt from applying for a
25             social security number...........................$10
26        Original drivers license issued
27             to a person who has not provided
28             the Secretary with a social security
29             number because the person is an immigrant
30             and is not eligible to receive a
31             social security number............................60
32        Original or renewal driver's license
33             issued to 18, 19 and 20 year olds..................5
 
                            -9-      LRB093 02105 DRH 19614 a
 1        All driver's licenses for persons
 2             age 69 through age 80..............................5
 3        All driver's licenses for persons
 4             age 81 through age 86..............................2
 5        All driver's licenses for persons
 6             age 87 or older....................................0
 7        Renewal driver's license (except for
 8             applicants ages 18, 19 and 20 or
 9             age 69 and older).................................10
10        Original instruction permit issued to
11             persons (except those age 69 and older)
12             who do not hold or have not previously
13             held an Illinois instruction permit or
14             driver's license..................................20
15        Instruction permit issued to any person
16             holding an Illinois driver's license
17             who wishes a change in classifications,
18             other than at the time of renewal..................5
19        Any instruction permit issued to a person
20             age 69 and older...................................5
21        Instruction permit issued to any person,
22             under age 69, not currently holding a
23             valid Illinois driver's license or
24             instruction permit but who has
25             previously been issued either document
26             in Illinois.......................................10
27        Restricted driving permit...............................8
28        Duplicate or corrected driver's license
29             or permit..........................................5
30        Duplicate or corrected restricted
31             driving permit.....................................5
32        Original or renewal M or L endorsement..................5
33    SPECIAL FEES FOR COMMERCIAL DRIVER'S LICENSE
34             The fees for commercial driver licenses and  permits
 
                            -10-     LRB093 02105 DRH 19614 a
 1        under Article V shall be as follows:
 2        Commercial driver's license:
 3             $6 for the CDLIS/AAMVAnet Fund
 4             (Commercial Driver's License Information
 5             System/American Association of Motor Vehicle
 6             Administrators network Trust Fund);
 7             $20 for the Motor Carrier Safety Inspection Fund;
 8             $10 for the driver's license;
 9             and $24 for the CDL:.............................$60
10        Renewal commercial driver's license:
11             $6 for the CDLIS/AAMVAnet Trust Fund;
12             $20 for the Motor Carrier Safety Inspection Fund;
13             $10 for the driver's license; and
14             $24 for the CDL:.................................$60
15        Commercial driver instruction permit
16             issued to any person holding a valid
17             Illinois driver's license for the
18             purpose of changing to a
19             CDL classification:  $6 for the
20             CDLIS/AAMVAnet Trust Fund;
21             $20 for the Motor Carrier
22             Safety Inspection Fund; and
23             $24 for the CDL classification...................$50
24        Commercial driver instruction permit
25             issued to any person holding a valid
26             Illinois CDL for the purpose of
27             making a change in a classification,
28             endorsement or restriction........................$5
29        CDL duplicate or corrected license.....................$5
30        In  order  to  ensure  the  proper  implementation of the
31    Uniform Commercial Driver License  Act,  Article  V  of  this
32    Chapter,  the Secretary of State is empowered to pro-rate the
33    $24 fee for the commercial driver's license proportionate  to
34    the  expiration  date  of  the  applicant's Illinois driver's
 
                            -11-     LRB093 02105 DRH 19614 a
 1    license.
 2        The fee for any duplicate  license  or  permit  shall  be
 3    waived  for  any  person  age  60  or  older who presents the
 4    Secretary of State's office with a police report showing that
 5    his license or permit was stolen.
 6        No  additional  fee  shall  be  charged  for  a  driver's
 7    license, or for a commercial driver's license, when issued to
 8    the  holder  of  an   instruction   permit   for   the   same
 9    classification  or  type  of license who becomes eligible for
10    such license.
11        (b)  Any person whose license or privilege to  operate  a
12    motor  vehicle  in  this  State has been suspended or revoked
13    under any provision of Chapter  6,  Chapter  11,  or  Section
14    7-205, 7-303, or 7-702 of the Family Financial Responsibility
15    Law  of  this  Code,  shall  in  addition  to  any other fees
16    required by this Code, pay a reinstatement fee as follows:
17        Summary suspension under Section 11-501.1............$250
18        Other suspension......................................$70
19        Revocation...........................................$500
20        However, any person whose license or privilege to operate
21    a motor vehicle in this State has been suspended  or  revoked
22    for  a  second  or subsequent time for a violation of Section
23    11-501 or 11-501.1 of this Code or a similar provision  of  a
24    local  ordinance or a similar out-of-state offense or Section
25    9-3 of the Criminal Code  of  1961  and  each  suspension  or
26    revocation  was for a violation of Section 11-501 or 11-501.1
27    of this Code or a similar provision of a local ordinance or a
28    similar out-of-state offense or Section 9-3 of  the  Criminal
29    Code  of  1961  shall  pay,  in  addition  to  any other fees
30    required by this Code, a reinstatement fee as follows:
31        Summary suspension under Section 11-501.1............$500
32        Revocation...........................................$500
33        (c)  All fees collected  under  the  provisions  of  this
34    Chapter  6  shall  be  paid  into  the Road Fund in the State
 
                            -12-     LRB093 02105 DRH 19614 a
 1    Treasury except as follows:
 2             1.  The following amounts shall  be  paid  into  the
 3        Driver Education Fund:
 4                  (A)  $16   of  the  $20  fee  for  an  original
 5             driver's instruction permit;
 6                  (B)  $5 of the $20 fee for an original driver's
 7             license;
 8                  (C)  $5 of the $20 fee for  a  4  year  renewal
 9             driver's license; and
10                  (D)  $4  of the $8 fee for a restricted driving
11             permit.
12             2.  $30 of the  $250  fee  for  reinstatement  of  a
13        license  summarily suspended under Section 11-501.1 shall
14        be  deposited  into  the  Drunk   and   Drugged   Driving
15        Prevention  Fund.  However, for a person whose license or
16        privilege to operate a motor vehicle in  this  State  has
17        been suspended or revoked for a second or subsequent time
18        for  a  violation  of  Section 11-501 or 11-501.1 of this
19        Code or Section 9-3 of the Criminal Code of 1961, $190 of
20        the $500 fee for reinstatement  of  a  license  summarily
21        suspended  under  Section  11-501.1, and $190 of the $500
22        fee for reinstatement  of  a  revoked  license  shall  be
23        deposited  into  the Drunk and Drugged Driving Prevention
24        Fund.
25             3.  $6  of  such  original  or  renewal  fee  for  a
26        commercial driver's license  and  $6  of  the  commercial
27        driver  instruction permit fee when such permit is issued
28        to any person holding a valid Illinois driver's  license,
29        shall be paid into the CDLIS/AAMVAnet Trust Fund.
30             4.  $30  of  the  $70  fee  for  reinstatement  of a
31        license   suspended   under    the    Family    Financial
32        Responsibility   Law   shall  be  paid  into  the  Family
33        Responsibility Fund.
34             5.  The $5 fee for each original or renewal M  or  L
 
                            -13-     LRB093 02105 DRH 19614 a
 1        endorsement  shall  be  deposited  into  the  Cycle Rider
 2        Safety Training Fund.
 3             6.  $20  of  any  original  or  renewal  fee  for  a
 4        commercial  driver's   license   or   commercial   driver
 5        instruction  permit  shall be paid into the Motor Carrier
 6        Safety Inspection Fund.
 7             7.  The following amounts shall  be  paid  into  the
 8        General Revenue Fund:
 9                  (A)  $190  of  the $250 reinstatement fee for a
10             summary suspension under Section 11-501.1;
11                  (B)  $40 of the $70 reinstatement fee  for  any
12             other  suspension provided in subsection (b) of this
13             Section; and
14                  (C)  $440 of the $500 reinstatement fee  for  a
15             first  offense  revocation  and  $310  of  the  $500
16             reinstatement   fee   for  a  second  or  subsequent
17             revocation.
18             8.  $50 of any original fee for a  driver's  license
19        issued  to  an  immigrant  ineligible to receive a social
20        security number shall be deposited into the Secretary  of
21        State Immigrant License Fund.
22    (Source: P.A. 92-458, eff. 8-22-01; 93-32, eff. 1-1-04.)

23        Section  99.  Effective date.  This Act takes effect July
24    1, 2004.".