HB1100 95TH GENERAL ASSEMBLY

LRB095 07913 DRH 28075 b

95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
HB1100

Introduced 2/8/2007, by Rep. Edward J. Acevedo

SYNOPSIS AS INTRODUCED:

See Index

Amends the Illinois Vehicle Code and the State Finance Act. Provides that the Secretary of State, in compliance with the federal REAL ID Act, may issue a driver's certificate that clearly states on its face that it may not be accepted by any federal agency for federal identification or any other official purpose. Provides that the driver's certificate must be distinguishable from a driver's license or permit. Provides that one of these driver's certificates may be issued to an applicant who is an immigrant residing in this State, is ineligible to obtain a social security number, and is ineligible to receive a driver's license. Establishes requirements for the application. Provides that an applicant for one of these certificates must pay an additional fee of not less than $50, to be set by the Secretary of State by rule, to be deposited into the Secretary of State Immigrant Driver's Certificate Fund. Creates the Secretary of State Immigrant Driver's Certificate Fund as a special fund in the State treasury. Provides that moneys deposited into the fund shall, subject to appropriation, be used by the Secretary of State to pay for the additional costs associated with immigrant applicants for driver's certificates. Provides that a person denied a driver's certificate may seek administrative review. Provides that a driver's certificate may not be used to obtain a Firearm Owner's Identification Card or a driver's license from another state. Provides that the Secretary of State shall, in conjunction with the Illinois State Police, establish administrative procedures for determining and identifying ineligible Firearm Owner's Identification Card applicants to ensure compliance with the Firearm Owners Identification Card Act. Provides for severability of the bill's provisions. Effective immediately.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

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 5.675 as follows:

(30 ILCS 105/5.675 new)

Sec. 5.675. The Secretary of State Immigrant Driver's Certificate Fund.

Section 10. The Illinois Vehicle Code is amended by changing Sections 2-119, 6-106, and 6-118 and by adding Section 6-107.5 as follows:

(625 ILCS 5/2-119) (from Ch. 95 1/2, par. 2-119)

Sec. 2-119. Disposition of fees and taxes.

(a) All moneys received from Salvage Certificates shall be deposited in the Common School Fund in the State Treasury.

(b) Beginning January 1, 1990 and concluding December 31, 1994, of the money collected for each certificate of title, duplicate certificate of title and corrected certificate of title, $0.50 shall be deposited into the Used Tire Management Fund. Beginning January 1, 1990 and concluding December 31, 1994, of the money collected for each certificate of title, duplicate certificate of title and corrected certificate of title, $1.50 shall be deposited in the Park and Conservation Fund.

Beginning January 1, 1995, of the money collected for each certificate of title, duplicate certificate of title and corrected certificate of title, $2 shall be deposited in the Park and Conservation Fund. The moneys deposited in the Park and Conservation Fund pursuant to this Section shall be used for the acquisition and development of bike paths as provided for in Section 805-420 of the Department of Natural Resources (Conservation) Law (20 ILCS 805/805-420).

Beginning January 1, 2000, of the moneys collected for each certificate of title, duplicate certificate of title, and corrected certificate of title, $48 shall be deposited into the Road Fund and $4 shall be deposited into the Motor Vehicle License Plate Fund, except that if the balance in the Motor Vehicle License Plate Fund exceeds $40,000,000 on the last day of a calendar month, then during the next calendar month the $4 shall instead be deposited into the Road Fund.

Beginning January 1, 2005, of the moneys collected for each delinquent vehicle registration renewal fee, $20 shall be deposited into the General Revenue Fund.

Except as otherwise provided in this Code, all remaining moneys collected for certificates of title, and all moneys collected for filing of security interests, shall be placed in the General Revenue Fund in the State Treasury.

(c) All moneys collected for that portion of a driver's license fee designated for driver education under Section 6-118 shall be placed in the Driver Education Fund in the State Treasury.

(d) Beginning January 1, 1999, of the monies collected as a registration fee for each motorcycle, motor driven cycle and motorized pedalcycle, 27% of each annual registration fee for such vehicle and 27% of each semiannual registration fee for such vehicle is deposited in the Cycle Rider Safety Training Fund.

(e) Of the monies received by the Secretary of State as registration fees or taxes or as payment of any other fee, as provided in this Act, except fees received by the Secretary under paragraph (7) of subsection (b) of Section 5-101 and Section 5-109 of this Code, 37% shall be deposited into the State Construction Fund.

(f) Of the total money collected for a CDL instruction permit or original or renewal issuance of a commercial driver's license (CDL) pursuant to the Uniform Commercial Driver's License Act (UCDLA): (i) $6 of the total fee for an original or renewal CDL, and $6 of the total CDL 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 (Commercial Driver's License Information System/American Association of Motor Vehicle Administrators network Trust Fund) and shall be used for the purposes provided in Section 6z-23 of the State Finance Act and (ii) $20 of the total fee for an original or renewal CDL or commercial driver instruction permit shall be paid into the Motor Carrier Safety Inspection Fund, which is hereby created as a special fund in the State Treasury, to be used by the Department of State Police, subject to appropriation, to hire additional officers to conduct motor carrier safety inspections pursuant to Chapter 18b of this Code.

(g) All remaining moneys received by the Secretary of State as registration fees or taxes or as payment of any other fee, as provided in this Act, except fees received by the Secretary under paragraph (7)(A) of subsection (b) of Section 5-101 and Section 5-109 of this Code, shall be deposited in the Road Fund in the State Treasury. Moneys in the Road Fund shall be used for the purposes provided in Section 8.3 of the State Finance Act.

(h) (Blank).

(i) (Blank).

(j) (Blank).

(k) There is created in the State Treasury a special fund to be known as the Secretary of State Special License Plate Fund. Money deposited into the Fund shall, subject to appropriation, be used by the Office of the Secretary of State (i) to help defray plate manufacturing and plate processing costs for the issuance and, when applicable, renewal of any new or existing registration plates authorized under this Code and (ii) for grants made by the Secretary of State to benefit Illinois Veterans Home libraries.

On or before October 1, 1995, the Secretary of State shall direct the State Comptroller and State Treasurer to transfer any unexpended balance in the Special Environmental License Plate Fund, the Special Korean War Veteran License Plate Fund, and the Retired Congressional License Plate Fund to the Secretary of State Special License Plate Fund.

(l) The Motor Vehicle Review Board Fund is created as a special fund in the State Treasury. Moneys deposited into the Fund under paragraph (7) of subsection (b) of Section 5-101 and Section 5-109 shall, subject to appropriation, be used by the Office of the Secretary of State to administer the Motor Vehicle Review Board, including without limitation payment of compensation and all necessary expenses incurred in administering the Motor Vehicle Review Board under the Motor Vehicle Franchise Act.

(m) Effective July 1, 1996, there is created in the State Treasury a special fund to be known as the Family Responsibility Fund. Moneys deposited into the Fund shall, subject to appropriation, be used by the Office of the Secretary of State for the purpose of enforcing the Family Financial Responsibility Law.

(n) The Illinois Fire Fighters' Memorial Fund is created as a special fund in the State Treasury. Moneys deposited into the Fund shall, subject to appropriation, be used by the Office of the State Fire Marshal for construction of the Illinois Fire Fighters' Memorial to be located at the State Capitol grounds in Springfield, Illinois. Upon the completion of the Memorial, moneys in the Fund shall be used in accordance with Section 3-634.

(o) Of the money collected for each certificate of title for all-terrain vehicles and off-highway motorcycles, $17 shall be deposited into the Off-Highway Vehicle Trails Fund.

(p) For audits conducted on or after July 1, 2003 pursuant to Section 2-124(d) of this Code, 50% of the money collected as audit fees shall be deposited into the General Revenue Fund.

(q) The Secretary of State Immigrant Driver's Certificate Fund is created as a special fund in the State treasury. Moneys deposited into the fund shall, subject to appropriation, be used by the Secretary of State to pay for the increased costs associated with immigrant applicants for driver's certificates issued under subsection (b-2) of Section 6-106 and costs associated with specialized verification procedures regarding those applicants.

(Source: P.A. 92-16, eff. 6-28-01; 93-32, eff. 7-1-03; 93-840, eff. 7-30-04.)

(625 ILCS 5/6-106) (from Ch. 95 1/2, par. 6-106)

Sec. 6-106. Application for license or instruction permit.

(a) Every application for any permit or license authorized to be issued under this Act shall be made upon a form furnished by the Secretary of State. Every application shall be accompanied by the proper fee and payment of such fee shall entitle the applicant to not more than 3 attempts to pass the examination within a period of 1 year after the date of application.

(b) Every application shall state the legal name, social security number, zip code, date of birth, sex, and residence address of the applicant; briefly describe the applicant; state whether the applicant has theretofore been licensed as a driver, and, if so, when and by what state or country, and whether any such license has ever been cancelled, suspended, revoked or refused, and, if so, the date and reason for such cancellation, suspension, revocation or refusal; shall include an affirmation by the applicant that all information set forth is true and correct; and shall bear the applicant's signature. The application form may also require the statement of such additional relevant information as the Secretary of State shall deem necessary to determine the applicant's competency and eligibility.

(b-1) The Secretary of State may in his discretion substitute a federal tax number in lieu of a social security number, or he may instead assign an additional distinctive number in lieu thereof, where an applicant is prohibited by bona fide religious convictions from applying or is exempt from applying for a social security number. The Secretary of State shall, however, determine which religious orders or sects have such bona fide religious convictions.

(b-2) In compliance with the federal REAL ID Act, Division B of Public Law 109-13, the Secretary of State may issue a driver's certificate that shall (i) clearly state on its face that it may not be accepted by any federal agency for any federal identification or other official purpose ("official purpose" being defined under Section 201 of the federal REAL ID Act) and (ii) use a unique design or color indicator that shall visually distinguish such certificates from driver's licenses and permits issued under the Illinois Vehicle Code so as to alert federal agency and other law enforcement personnel that such certificates may not be accepted for any such purpose.

A driver's certificate may be issued under this subsection (b-2) to an applicant who is an immigrant residing in this State, is ineligible to obtain a social security number, and is ineligible to receive a driver's license under Section 6-105.1 of this Act.

Any applicant for a driver's certificate issued under this subsection (b-2) must:

(1) provide the Secretary with a valid individual tax identification number issued by the federal Internal Revenue Service;

(2) file with the Secretary, at the time of application, an affidavit stating that the applicant will file an application to become a permanent resident of the United States at the earliest opportunity the applicant is eligible to do so;

(3) provide a valid foreign passport and any additional documents, as the Secretary may set forth by administrative rule, such that the passport and additional documents in combination shall include the following:

(A) a photo identity document, except that a non-photo identity document is acceptable if it includes both the person's full legal name and date of birth;

(B) documentation showing the person's date of birth; and

(C) documentation showing the person's name and address of principal residence; provided that the Secretary shall not accept any foreign document, other than a valid official passport, for purposes of this subparagraph; and provided further that the Secretary shall verify, with the issuing agency, the issuance, validity, and completeness of each document presented by the applicant to satisfy the requirements of this subsection (b-2);

(4) file with the Secretary of State proof provided to the applicant by the Illinois State Police that a set of the applicant's fingerprints has been collected (costs associated with this fingerprinting shall be paid by the applicant at the time of collection); and

(5) surrender all illegally obtained forms of drivers licenses or State identification cards issued to the applicant by the Secretary. Relinquishment of State issued identification shall be handled by the Secretary at his or her discretion, provided that no applicant shall thereupon be subject to civil or criminal prosecution for the acquisition, possession, use, or distribution of such documents, and provided further that the Secretary shall destroy any such relinquished documents and shall not maintain any records of such documents.

The Secretary of State shall provide to the United States Department of Revenue all information, including the individual tax identification number, captured on the application. If the United States Department of Revenue determines that an individual to whom a driver's certificate was issued is not in compliance with any applicable tax laws administered by the United States Department of Revenue, the United States Department of Revenue shall request that the Secretary of State suspend or revoke the certificate.

A person denied a driver's certificate under this subsection (b-2) may seek review under the Administrative Review Law. This amendatory Act of the 95th General Assembly does not affect the issuance of any commercial driver's license or school bus driver's permit under the Illinois Vehicle Code or any State identification card under the Illinois Identification Card Act. A driver's certificate issued under this subsection (b-2) may not be used to obtain a Firearm Owner's Identification Card and may not be used to obtain a driver's license in another state. A driver issued a driver's certificate under this subsection (b-2) shall, within 30 days of receiving the certificate, provide to the Secretary of State proof of insurance. The holder of a driver's certificate is subject to the mandatory insurance requirements of this Code.

(b-3) The Secretary of State may, in his discretion, by rule or regulation, provide that an application for a drivers license or permit may include a suitable photograph of the applicant in the form prescribed by the Secretary, and he may further provide that each drivers license shall include a photograph of the driver. The Secretary of State may utilize a photograph process or system most suitable to deter alteration or improper reproduction of a drivers license and to prevent substitution of another photo thereon.

(c) The application form shall include a notice to the applicant of the registration obligations of sex offenders under the Sex Offender Registration Act. The notice shall be provided in a form and manner prescribed by the Secretary of State. For purposes of this subsection (c), "sex offender" has the meaning ascribed to it in Section 2 of the Sex Offender Registration Act.

(d) Any male United States citizen or immigrant who applies for any permit or license authorized to be issued under this Act or for a renewal of any permit or license, and who is at least 18 years of age but less than 26 years of age, must be registered in compliance with the requirements of the federal Military Selective Service Act. The Secretary of State must forward in an electronic format the necessary personal information regarding the applicants identified in this subsection (d) to the Selective Service System. The applicant's signature on the application serves as an indication that the applicant either has already registered with the Selective Service System or that he is authorizing the Secretary to forward to the Selective Service System the necessary information for registration. The Secretary must notify the applicant at the time of application that his signature constitutes consent to registration with the Selective Service System, if he is not already registered.

(Source: P.A. 92-117, eff. 1-1-02; 93-895, eff. 1-1-05.)

(625 ILCS 5/6-107.5 new)

Sec. 6-107.5. Driver's license applicants who are ineligible for Firearms Owner's Identification Cards. The Secretary of State shall, in conjunction with the Illinois State Police, establish administrative procedures for determining and identifying ineligible Firearm Owner's Identification Card applicants, using information provided to the Secretary of State through the driver's license application process, to ensure compliance with the Firearm Owners Identification Card Act.

(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 issued to a person who has provided the Secretary with his or her social security number or to a person who has not provided a social security number for religious reasons or because he or she is exempt from applying for a social security number.$10

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).................................10

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

Duplicate or corrected driver's license

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

Duplicate or corrected restricted

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

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

The fee for an original driver's certificate issued under subsection (b-2) of Section 6-106 shall be $10; and through the date that is 3 years after the effective date of this amendatory Act of the 95th General Assembly, an additional fee of not less than $50, to be set by the Secretary by rule, shall be paid and deposited into the Secretary of State Immigrant Driver's Certificate Fund, to cover the additional costs associated with issuing those driver's certificates. 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 $10 fee for an original driver's license;

(C) $5 of the $10 fee for a 4 year renewal driver's license; and

(D) $4 of the $8 fee for a restricted 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.

8. The entire amount over $10 of any fee for an original driver's certificate issued under subsection (b-2) of Section 6-106 shall be deposited into the Secretary of State Immigrant Driver's Certificate Fund. The Secretary of State shall adopt rules setting the fee for issuing a driver's certificate, based on the additional costs associated with issuing those driver's certificates.

(Source: P.A. 93-32, eff. 1-1-04; 93-788, eff. 1-1-05; 94-1035, eff. 7-1-07.)

Section 97. Severability. The provisions of this Act are severable under Section 1.31 of the Statute on Statutes.

Section 99. Effective date. This Act takes effect upon becoming law.