Full Text of HB4858 96th General Assembly
HB4858enr 96TH GENERAL ASSEMBLY
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HB4858 Enrolled |
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LRB096 16669 AJT 31952 b |
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| AN ACT concerning identification.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Illinois Identification Card Act is amended | 5 |
| by changing Sections 4, 5, and 12 as follows:
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| (15 ILCS 335/4) (from Ch. 124, par. 24)
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| Sec. 4. Identification Card.
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| (a) The Secretary of State shall issue a
standard Illinois | 9 |
| Identification Card to any natural person who is a resident
of | 10 |
| the State of Illinois who applies for such card, or renewal | 11 |
| thereof,
or who applies for a standard Illinois Identification | 12 |
| Card upon release as a
committed person on parole, mandatory | 13 |
| supervised release, final discharge, or
pardon from the | 14 |
| Department of Corrections by submitting an identification card
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| issued by the Department of Corrections under Section 3-14-1 of | 16 |
| the Unified
Code of Corrections,
together with the prescribed | 17 |
| fees. No identification card shall be issued to any person who | 18 |
| holds a valid
foreign state
identification card, license, or | 19 |
| permit unless the person first surrenders to
the Secretary of
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| State the valid foreign state identification card, license, or | 21 |
| permit. The card shall be prepared and
supplied by the | 22 |
| Secretary of State and shall include a photograph and signature | 23 |
| or mark of the
applicant. The Illinois Identification Card may |
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| be used for
identification purposes in any lawful situation | 2 |
| only by the person to
whom it was issued.
As used in this Act, | 3 |
| "photograph" means any color photograph or digitally
produced | 4 |
| and captured image of an applicant for an identification card. | 5 |
| As
used in this Act, "signature" means the name of a person as | 6 |
| written by that
person and captured in a manner acceptable to | 7 |
| the Secretary of State. | 8 |
| (a-5) If an applicant for an identification card has a | 9 |
| current driver's license or instruction permit issued by the | 10 |
| Secretary of State, the Secretary may require the applicant to | 11 |
| utilize the same residence address and name on the | 12 |
| identification card, driver's license, and instruction permit | 13 |
| records maintained by the Secretary. The Secretary may | 14 |
| promulgate rules to implement this provision.
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| (b) The Secretary of State shall issue a special Illinois
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| Identification Card, which shall be known as an Illinois | 17 |
| Disabled Person
Identification Card, to any natural person who | 18 |
| is a resident of the State
of Illinois, who is a disabled | 19 |
| person as defined in Section 4A of this Act,
who applies for | 20 |
| such card, or renewal thereof. No Disabled Person | 21 |
| Identification Card shall be issued to any person who
holds a | 22 |
| valid
foreign state identification card, license, or permit | 23 |
| unless the person first
surrenders to the
Secretary of State | 24 |
| the valid foreign state identification card, license, or
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| permit. The Secretary of State
shall charge no fee to issue | 26 |
| such card. The card shall be prepared and
supplied by the |
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| Secretary of State, and shall include a photograph and | 2 |
| signature or mark of the
applicant, a designation indicating | 3 |
| that the card is an Illinois Disabled
Person Identification | 4 |
| Card, and shall include a comprehensible designation
of the | 5 |
| type and classification of the applicant's disability as set | 6 |
| out in
Section 4A of this Act. If the applicant so requests, | 7 |
| the card shall
include a description of the applicant's | 8 |
| disability and any information
about the applicant's | 9 |
| disability or medical history which the Secretary
determines | 10 |
| would be helpful to the applicant in securing emergency medical
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| care. If a mark is used in lieu of a signature, such mark
shall | 12 |
| be affixed to the card in the presence of two witnesses who | 13 |
| attest to
the authenticity of the mark. The Illinois
Disabled | 14 |
| Person Identification Card may be used for identification | 15 |
| purposes
in any lawful situation by the person to whom it was | 16 |
| issued.
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| The Illinois Disabled Person Identification Card may be | 18 |
| used as adequate
documentation of disability in lieu of a | 19 |
| physician's determination of
disability, a determination of | 20 |
| disability from a physician assistant who has
been delegated | 21 |
| the authority to make this determination by his or her
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| supervising physician, a determination of disability from an | 23 |
| advanced practice
nurse who has a written collaborative | 24 |
| agreement with a collaborating physician
that
authorizes the | 25 |
| advanced practice nurse to make this determination, or any
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| other documentation
of disability whenever
any
State law
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| requires that a disabled person provide such documentation of | 2 |
| disability,
however an Illinois Disabled Person Identification | 3 |
| Card shall not qualify
the cardholder to participate in any | 4 |
| program or to receive any benefit
which is not available to all | 5 |
| persons with like disabilities.
Notwithstanding any other | 6 |
| provisions of law, an Illinois Disabled Person
Identification | 7 |
| Card, or evidence that the Secretary of State has issued an
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| Illinois Disabled Person Identification Card, shall not be used | 9 |
| by any
person other than the person named on such card to prove | 10 |
| that the person
named on such card is a disabled person or for | 11 |
| any other purpose unless the
card is used for the benefit of | 12 |
| the person named on such card, and the
person named on such | 13 |
| card consents to such use at the time the card is so used.
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| An optometrist's determination of a visual disability | 15 |
| under Section 4A of this Act is acceptable as documentation for | 16 |
| the purpose of issuing an Illinois Disabled Person | 17 |
| Identification Card. | 18 |
| When medical information is contained on an Illinois | 19 |
| Disabled Person
Identification Card, the Office of the | 20 |
| Secretary of State shall not be
liable for any actions taken | 21 |
| based upon that medical information.
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| (c) Beginning January 1, 1986, the Secretary of State shall | 23 |
| provide
that each original or renewal Illinois Identification | 24 |
| Card or Illinois
Disabled Person Identification Card issued to | 25 |
| a person under the age of 21,
shall be of a distinct nature | 26 |
| from those Illinois Identification Cards or
Illinois Disabled |
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| Person Identification Cards issued to individuals 21
years of | 2 |
| age or older. The color designated for Illinois Identification
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| Cards or Illinois Disabled Person Identification Cards for | 4 |
| persons under
the age of 21 shall be at the discretion of the | 5 |
| Secretary of State.
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| (c-1) Beginning January 1, 2003, each original or renewal | 7 |
| Illinois
Identification Card or Illinois Disabled Person | 8 |
| Identification Card issued to
a person under the age of 21 | 9 |
| shall display the date upon which the person
becomes 18 years | 10 |
| of age and the date upon which the person becomes 21 years of
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| age.
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| (d) The Secretary of State may issue a Senior Citizen
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| discount card, to any natural person who is a resident of the | 14 |
| State of
Illinois who is 60 years of age or older and who | 15 |
| applies for such a card or
renewal thereof. The Secretary of | 16 |
| State shall charge no fee to issue such
card. The card shall be | 17 |
| issued in every county and applications shall be
made available | 18 |
| at, but not limited to, nutrition sites, senior citizen
centers | 19 |
| and Area Agencies on Aging. The applicant, upon receipt of such
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| card and prior to its use for any purpose, shall have affixed | 21 |
| thereon in
the space provided therefor his signature or mark.
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| (e) The Secretary of State, in his or her discretion, may | 23 |
| designate on each Illinois
Identification Card or Illinois | 24 |
| Disabled Person Identification Card a space where the card | 25 |
| holder may place a sticker or decal, issued by the Secretary of | 26 |
| State, of uniform size as the Secretary may specify, that shall |
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| indicate in appropriate language that the card holder has | 2 |
| renewed his or her Illinois
Identification Card or Illinois | 3 |
| Disabled Person Identification Card. | 4 |
| (Source: P.A. 95-762, eff. 1-1-09; 95-779, eff. 1-1-09; 96-146, | 5 |
| eff. 1-1-10; 96-328, eff. 8-11-09.)
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| (15 ILCS 335/5) (from Ch. 124, par. 25)
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| Sec. 5. Applications. Any natural person who is a resident | 8 |
| of the
State of Illinois, may file an application for an | 9 |
| identification card or for
the renewal thereof, in a manner | 10 |
| prescribed by the Secretary. Each original application
shall be | 11 |
| completed by the applicant in full and shall set forth the | 12 |
| legal
name,
residence address and zip code, social security | 13 |
| number, birth date, sex and
a brief
description of the | 14 |
| applicant. The applicant shall be photographed and he
shall | 15 |
| also submit any other information as the Secretary may deem | 16 |
| necessary
or such documentation as the Secretary may require to | 17 |
| determine the
identity of the applicant. In addition to the | 18 |
| residence address, the Secretary may allow the applicant to | 19 |
| provide a mailing address. An applicant for a disabled persons | 20 |
| card must
also submit with each original or renewal | 21 |
| application, on forms prescribed
by the Secretary, such | 22 |
| documentation as the Secretary may require,
establishing that | 23 |
| the applicant is a "disabled person" as defined in
Section 4A | 24 |
| of this Act, and setting forth the applicant's type and class | 25 |
| of
disability as set forth in Section 4A of this Act.
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LRB096 16669 AJT 31952 b |
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| (Source: P.A. 93-895, eff. 1-1-05.)
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| (15 ILCS 335/12) (from Ch. 124, par. 32) | 3 |
| (Text of Section before amendment by P.A. 96-183 ) | 4 |
| Sec. 12. Fees concerning Standard Illinois Identification | 5 |
| Cards. The fees required under this Act for standard Illinois
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| Identification Cards must accompany any application provided | 7 |
| for in this
Act, and the Secretary shall collect such fees as | 8 |
| follows: | |
9 | | a. Original card issued on or before | |
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10 | | December 31, 2004 ........................... | $4 |
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11 | | Original card issued on or after | |
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12 | | January 1, 2005 ............................. | $20
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13 | | b. Renewal card issued on or before | |
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14 | | December 31, 2004 ........................... | 4 |
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15 | | Renewal card issued on or after | |
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16 | | January 1, 2005 ............................. | 20 |
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17 | | c. Corrected card issued on or before | |
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18 | | December 31, 2004 ........................... | 2 |
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19 | | Corrected card issued on or after | |
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20 | | January 1, 2005 ............................. | 10
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21 | | d. Duplicate card issued on or before | |
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22 | | December 31, 2004 ........................... | 4 |
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23 | | Duplicate card issued on or after | |
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24 | | January 1, 2005 ............................. | 20
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25 | | e. Certified copy with seal ................... | 5 |
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LRB096 16669 AJT 31952 b |
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| 1 | | f. Search ..................................... | 2 |
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2 | | g. Applicant 65 years of age or over .......... | No Fee |
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3 | | h. Disabled applicant ......................... | No Fee |
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4 | | i. Individual living in Veterans | |
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5 | | Home or Hospital ........................... | No Fee |
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6 | | j. Original card issued on or after July 1, 2007 | |
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7 | | under 18 years of age ....................... | $10 |
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8 | | k. Renewal card issued on or after July 1, 2007 | |
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9 | | under 18 years of age ....................... | $10 |
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10 | | l. Corrected card issued on or after July 1, 2007 | |
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11 | | under 18 years of age ....................... | $5 |
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12 | | m. Duplicate card issued on or after July 1, 2007 | |
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13 | | under 18 years of age ....................... | $10 |
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14 | | n. (Blank). | |
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15 | | o. Duplicate card issued to an active-duty member | |
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16 | | of the United States Armed Forces, the | |
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17 | | member's spouse, or dependent children | |
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18 | | living with the member ..................... | No Fee |
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| All fees collected under this Act shall be paid into the | 20 |
| Road Fund of the State treasury, except that the following | 21 |
| amounts shall be paid into the General Revenue Fund:
(i) 80% of | 22 |
| the fee for an original, renewal, or duplicate Illinois | 23 |
| Identification Card issued on or after January 1, 2005;
and | 24 |
| (ii) 80% of the fee for a corrected Illinois Identification | 25 |
| Card issued on or after January 1, 2005.
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| Any disabled person making an application for a
standard |
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LRB096 16669 AJT 31952 b |
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| Illinois Identification Card for no fee must,
along with the | 2 |
| application, submit an affirmation by the applicant on a
form | 3 |
| to be provided by the Secretary of State, attesting that such | 4 |
| person
is a disabled person as defined in Section 4A of this | 5 |
| Act. | 6 |
| An individual, who resides in a veterans home or veterans | 7 |
| hospital
operated by the state or federal government, who makes | 8 |
| an application for an
Illinois Identification Card to be issued | 9 |
| at no fee, must submit, along
with the application, an | 10 |
| affirmation by the applicant on a form provided by
the | 11 |
| Secretary of State, that such person resides in a veterans home | 12 |
| or
veterans hospital operated by the state or federal | 13 |
| government. | 14 |
| The fee for any duplicate identification card shall be | 15 |
| waived for any person who presents the Secretary of State's | 16 |
| Office with a police report showing that his or her | 17 |
| identification card was stolen. | 18 |
| The fee for any duplicate identification card shall be | 19 |
| waived for any person age 60 or older whose identification card | 20 |
| has been lost or stolen. | 21 |
| As used in this Section, "active-duty member of the United | 22 |
| States Armed Forces" means a member of the Armed Services or | 23 |
| Reserve Forces of the United States or a member of the Illinois | 24 |
| National Guard who is called to active duty pursuant to an | 25 |
| executive order of the President of the United States, an act | 26 |
| of the Congress of the United States, or an order of the |
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| Governor. | 2 |
| (Source: P.A. 95-55, eff. 8-10-07.) | 3 |
| (Text of Section after amendment by P.A. 96-183 ) | 4 |
| Sec. 12. Fees concerning Standard Illinois Identification | 5 |
| Cards. The fees required under this Act for standard Illinois
| 6 |
| Identification Cards must accompany any application provided | 7 |
| for in this
Act, and the Secretary shall collect such fees as | 8 |
| follows: | |
9 | | a. Original card issued on or before | |
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10 | | December 31, 2004 ........................... | $4 |
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11 | | Original card issued on or after | |
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12 | | January 1, 2005 ............................. | $20
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13 | | b. Renewal card issued on or before | |
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14 | | December 31, 2004 ........................... | 4 |
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15 | | Renewal card issued on or after | |
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16 | | January 1, 2005 ............................. | 20 |
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17 | | c. Corrected card issued on or before | |
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18 | | December 31, 2004 ........................... | 2 |
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19 | | Corrected card issued on or after | |
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20 | | January 1, 2005 ............................. | 10
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21 | | d. Duplicate card issued on or before | |
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22 | | December 31, 2004 ........................... | 4 |
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23 | | Duplicate card issued on or after | |
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24 | | January 1, 2005 ............................. | 20
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25 | | e. Certified copy with seal ................... | 5 |
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| 1 | | f. Search ..................................... | 2 |
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2 | | g. Applicant 65 years of age or over .......... | No Fee |
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3 | | h. Disabled applicant ......................... | No Fee |
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4 | | i. Individual living in Veterans | |
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5 | | Home or Hospital ........................... | No Fee |
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6 | | j. Original card issued on or after July 1, 2007 | |
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7 | | under 18 years of age ....................... | $10 |
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8 | | k. Renewal card issued on or after July 1, 2007 | |
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9 | | under 18 years of age ....................... | $10 |
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10 | | l. Corrected card issued on or after July 1, 2007 | |
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11 | | under 18 years of age ....................... | $5 |
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12 | | m. Duplicate card issued on or after July 1, 2007 | |
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13 | | under 18 years of age ....................... | $10 |
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14 | | n. Homeless person .............................. | No Fee |
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15 | | o. Duplicate card issued to an active-duty | |
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16 | | member of the United States Armed Forces, the | |
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17 | | member's spouse, or dependent children | |
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18 | | living with the member ...................... | No Fee |
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| All fees collected under this Act shall be paid into the | 20 |
| Road Fund of the State treasury, except that the following | 21 |
| amounts shall be paid into the General Revenue Fund:
(i) 80% of | 22 |
| the fee for an original, renewal, or duplicate Illinois | 23 |
| Identification Card issued on or after January 1, 2005;
and | 24 |
| (ii) 80% of the fee for a corrected Illinois Identification | 25 |
| Card issued on or after January 1, 2005.
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| Any disabled person making an application for a
standard |
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HB4858 Enrolled |
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LRB096 16669 AJT 31952 b |
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| Illinois Identification Card for no fee must,
along with the | 2 |
| application, submit an affirmation by the applicant on a
form | 3 |
| to be provided by the Secretary of State, attesting that such | 4 |
| person
is a disabled person as defined in Section 4A of this | 5 |
| Act. | 6 |
| An individual, who resides in a veterans home or veterans | 7 |
| hospital
operated by the state or federal government, who makes | 8 |
| an application for an
Illinois Identification Card to be issued | 9 |
| at no fee, must submit, along
with the application, an | 10 |
| affirmation by the applicant on a form provided by
the | 11 |
| Secretary of State, that such person resides in a veterans home | 12 |
| or
veterans hospital operated by the state or federal | 13 |
| government. | 14 |
| The application of a homeless individual for an Illinois | 15 |
| Identification Card to be issued at no fee must be accompanied | 16 |
| by an affirmation by a qualified person, as defined in Section | 17 |
| 4C of this Act, on a form provided by the Secretary of State, | 18 |
| that the applicant is currently homeless as defined in Section | 19 |
| 1A of this Act. | 20 |
| The fee for any duplicate identification card shall be | 21 |
| waived for any person who presents the Secretary of State's | 22 |
| Office with a police report showing that his or her | 23 |
| identification card was stolen. | 24 |
| The fee for any duplicate identification card shall be | 25 |
| waived for any person age 60 or older whose identification card | 26 |
| has been lost or stolen. |
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LRB096 16669 AJT 31952 b |
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| As used in this Section, "active-duty member of the United | 2 |
| States Armed Forces" means a member of the Armed Services or | 3 |
| Reserve Forces of the United States or a member of the Illinois | 4 |
| National Guard who is called to active duty pursuant to an | 5 |
| executive order of the President of the United States, an act | 6 |
| of the Congress of the United States, or an order of the | 7 |
| Governor. | 8 |
| (Source: P.A. 95-55, eff. 8-10-07; 96-183, eff. 7-1-10.) | 9 |
| Section 10. The Illinois Vehicle Code is amended by | 10 |
| changing Sections 6-106, 6-109, 6-110, and 6-118 as follows: | 11 |
| (625 ILCS 5/6-106) (from Ch. 95 1/2, par. 6-106)
| 12 |
| Sec. 6-106. Application for license or instruction permit.
| 13 |
| (a) Every application for any permit or license authorized | 14 |
| to be issued
under this Act shall be made upon a form furnished | 15 |
| by the Secretary of
State. Every application shall be | 16 |
| accompanied by the proper fee and payment
of such fee shall | 17 |
| entitle the applicant to not more than 3 attempts to pass
the | 18 |
| examination within a period of 1 year after the date of | 19 |
| application.
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| (b) Every application shall state the legal name, social | 21 |
| security
number, zip
code, date of birth, sex, and residence | 22 |
| address of the applicant; briefly
describe the applicant; state | 23 |
| whether the applicant has theretofore been
licensed as a | 24 |
| driver, and, if so, when and by what state or country, and
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| whether any such license has ever been cancelled, suspended, | 2 |
| revoked or
refused, and, if so, the date and reason for such | 3 |
| cancellation, suspension,
revocation or refusal; shall include | 4 |
| an affirmation by the applicant that
all information set forth | 5 |
| is true and correct; and shall bear the
applicant's signature. | 6 |
| In addition to the residence address, the Secretary may allow | 7 |
| the applicant to provide a mailing address. The application | 8 |
| form may
also require the statement of such additional relevant | 9 |
| information as the
Secretary of State shall deem necessary to | 10 |
| determine the applicant's
competency and eligibility. The | 11 |
| Secretary of State may in his discretion
substitute a federal | 12 |
| tax number in lieu of a social security number, or he
may | 13 |
| instead assign an additional distinctive number in lieu | 14 |
| thereof, where
an applicant is prohibited by bona fide | 15 |
| religious convictions from applying
or is exempt from applying | 16 |
| for a social security number. The Secretary of
State shall, | 17 |
| however, determine which religious orders or sects have such
| 18 |
| bona fide religious convictions. The Secretary of State may, in | 19 |
| his
discretion, by rule or regulation, provide that an | 20 |
| application for a
drivers license or permit may include a | 21 |
| suitable photograph of the
applicant in the
form prescribed by | 22 |
| the Secretary, and he may further provide that each
drivers | 23 |
| license shall include a photograph of the driver. The Secretary | 24 |
| of
State may utilize a photograph process or system most | 25 |
| suitable to deter
alteration or improper reproduction of a | 26 |
| drivers license and to prevent
substitution of another photo |
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| thereon.
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| (c) The application form shall include a notice to the | 3 |
| applicant of the
registration obligations of sex offenders | 4 |
| under the Sex Offender Registration
Act. The notice shall be | 5 |
| provided in a form and manner prescribed by the
Secretary of | 6 |
| State. For purposes of this subsection (c), "sex offender" has
| 7 |
| the meaning ascribed to it in Section 2 of the Sex Offender | 8 |
| Registration Act.
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| (d) Any male United States citizen or immigrant who applies | 10 |
| for any
permit or
license authorized to be issued under this | 11 |
| Act or for a renewal of any permit
or
license,
and who is at | 12 |
| least 18 years of age but less than 26 years of age, must be
| 13 |
| registered in compliance with the requirements of the federal | 14 |
| Military
Selective
Service Act.
The Secretary of State must | 15 |
| forward in an electronic format the necessary
personal | 16 |
| information regarding the applicants identified in this | 17 |
| subsection (d)
to
the Selective Service System. The applicant's | 18 |
| signature on the application
serves
as an indication that the | 19 |
| applicant either has already registered with the
Selective
| 20 |
| Service System or that he is authorizing the Secretary to | 21 |
| forward to the
Selective
Service System the necessary | 22 |
| information for registration. The Secretary must
notify the | 23 |
| applicant at the time of application that his signature | 24 |
| constitutes
consent to registration with the Selective Service | 25 |
| System, if he is not already
registered.
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| (Source: P.A. 92-117, eff. 1-1-02; 93-895, eff. 1-1-05.)
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LRB096 16669 AJT 31952 b |
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| (625 ILCS 5/6-109) (from Ch. 95 1/2, par. 6-109)
| 2 |
| Sec. 6-109. Examination of Applicants.
| 3 |
| (a) The Secretary of State shall examine every applicant | 4 |
| for a driver's
license or permit who has not been previously | 5 |
| licensed as a driver under the
laws of this State or any other | 6 |
| state or country, or any applicant for renewal
of such driver's | 7 |
| license or permit when such license or permit has been expired
| 8 |
| for more than one year. The Secretary of State shall, subject | 9 |
| to the
provisions of paragraph (c), examine every licensed | 10 |
| driver at least every 8
years, and may examine or re-examine | 11 |
| any other applicant or licensed driver,
provided that during | 12 |
| the years 1984 through 1991 those drivers issued a license
for | 13 |
| 3 years may be re-examined not less than every 7 years or more | 14 |
| than every
10 years.
| 15 |
| The Secretary of State shall require the testing of the | 16 |
| eyesight of any
driver's license or permit applicant who has | 17 |
| not been previously licensed
as a driver under the laws of this | 18 |
| State and shall promulgate rules and
regulations to provide for | 19 |
| the orderly administration of all the provisions of
this | 20 |
| Section.
| 21 |
| (b) Except as provided for those applicants in paragraph | 22 |
| (c), such
examination shall include a test of the applicant's
| 23 |
| eyesight, his ability to read and understand official traffic | 24 |
| control devices,
his knowledge of safe driving practices and | 25 |
| the traffic laws of this State,
and may include an actual |
|
|
|
HB4858 Enrolled |
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LRB096 16669 AJT 31952 b |
|
| 1 |
| demonstration of the applicant's ability to exercise
ordinary | 2 |
| and reasonable control of the operation of a motor vehicle, and
| 3 |
| such further physical and mental examination as the Secretary | 4 |
| of State finds
necessary to determine the applicant's fitness | 5 |
| to operate a motor vehicle
safely on the highways, except the | 6 |
| examination of an applicant 75 years
of age or older shall | 7 |
| include an actual demonstration of the applicant's
ability to | 8 |
| exercise ordinary and reasonable control of the operation of
a | 9 |
| motor vehicle. All portions of written and verbal examinations | 10 |
| under
this Section, excepting where the English language | 11 |
| appears on facsimiles
of road signs, may be given in the | 12 |
| Spanish language and, at the discretion
of the Secretary of | 13 |
| State, in any other language as well as in English upon
request | 14 |
| of the examinee. Deaf persons who are otherwise qualified are | 15 |
| not
prohibited from being issued a license, other than a | 16 |
| commercial driver's
license, under this Code.
| 17 |
| (c) Re-examination for those applicants who at the time of | 18 |
| renewing their
driver's license possess a driving record devoid | 19 |
| of any convictions of traffic
violations or evidence of | 20 |
| committing an offense
for which mandatory revocation
would be | 21 |
| required upon conviction pursuant to Section 6-205 at the time
| 22 |
| of renewal shall be in a manner prescribed by the Secretary
in | 23 |
| order to determine an applicant's ability to safely operate a | 24 |
| motor
vehicle,
except that every applicant for the renewal of a | 25 |
| driver's license who is
75 years of age or older must prove, by | 26 |
| an actual demonstration,
the applicant's ability to exercise |
|
|
|
HB4858 Enrolled |
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LRB096 16669 AJT 31952 b |
|
| 1 |
| reasonable care in the safe operation
of a motor vehicle.
| 2 |
| (d) In the event the applicant is not ineligible under the | 3 |
| provisions of
Section 6-103 to receive a driver's license, the | 4 |
| Secretary of State
shall make provision for giving an | 5 |
| examination, either in the county where
the applicant resides | 6 |
| or at a place adjacent thereto reasonably convenient
to the | 7 |
| applicant, within not more than 30 days from the date said
| 8 |
| application is received.
| 9 |
| (e) The Secretary of State may adopt rules regarding the | 10 |
| use of foreign language interpreters during the application and | 11 |
| examination process. | 12 |
| (Source: P.A. 91-350, eff. 7-29-99.)
| 13 |
| (625 ILCS 5/6-110) (from Ch. 95 1/2, par. 6-110)
| 14 |
| Sec. 6-110. Licenses issued to drivers.
| 15 |
| (a) The Secretary of State shall issue to every qualifying | 16 |
| applicant a
driver's license as applied for, which license | 17 |
| shall bear a
distinguishing
number assigned to the licensee, | 18 |
| the legal name,
signature, zip
code, date of birth, residence | 19 |
| address, and a brief description of the
licensee.
| 20 |
| Licenses issued shall also indicate the classification and
| 21 |
| the restrictions under Section 6-104 of this Code.
| 22 |
| In lieu of the social security number, the Secretary may in | 23 |
| his
discretion substitute a federal tax number or other | 24 |
| distinctive number.
| 25 |
| A driver's license issued may, in the discretion of the |
|
|
|
HB4858 Enrolled |
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LRB096 16669 AJT 31952 b |
|
| 1 |
| Secretary,
include a suitable photograph of a type prescribed | 2 |
| by the Secretary.
| 3 |
| (a-1) If the licensee is less than 18 years of age, unless | 4 |
| one of the exceptions in subsection (a-2) apply, the license | 5 |
| shall, as a matter of law, be invalid for the operation of any | 6 |
| motor vehicle during the following times: | 7 |
| (A) Between 11:00 p.m. Friday and 6:00 a.m. Saturday; | 8 |
| (B) Between 11:00 p.m. Saturday and 6:00 a.m. on | 9 |
| Sunday; and | 10 |
| (C) Between 10:00 p.m. on Sunday to Thursday, | 11 |
| inclusive, and 6:00 a.m. on the following day. | 12 |
| (a-2) The driver's license of a person under the age of 18 | 13 |
| shall not be invalid as described in subsection (a-1) of this | 14 |
| Section if the licensee under the age of 18 was: | 15 |
| (1) accompanied by the licensee's parent or guardian or | 16 |
| other person in custody or control of the minor; | 17 |
| (2) on an errand at the direction of the minor's parent | 18 |
| or guardian, without any detour or stop; | 19 |
| (3) in a motor vehicle involved in interstate travel; | 20 |
| (4) going to or returning home from an employment | 21 |
| activity, without any detour or stop; | 22 |
| (5) involved in an emergency; | 23 |
| (6) going to or returning home from, without any detour | 24 |
| or stop, an official school, religious, or other | 25 |
| recreational activity supervised by adults and sponsored | 26 |
| by a government or governmental agency, a civic |
|
|
|
HB4858 Enrolled |
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LRB096 16669 AJT 31952 b |
|
| 1 |
| organization, or another similar entity that takes | 2 |
| responsibility for the licensee, without any detour or | 3 |
| stop; | 4 |
| (7) exercising First Amendment rights protected by the | 5 |
| United States Constitution, such as the free exercise of | 6 |
| religion, freedom of speech, and the right of assembly; or | 7 |
| (8) married or had been married or is an emancipated | 8 |
| minor under the Emancipation of Minors Act. | 9 |
| (a-2.5) The driver's license of a person who is 17 years of | 10 |
| age and has been licensed for at least 12 months is not invalid | 11 |
| as described in subsection (a-1) of this Section while the | 12 |
| licensee is participating as an assigned driver in a Safe Rides | 13 |
| program that meets the following criteria: | 14 |
| (1) the program is sponsored by the Boy Scouts of | 15 |
| America or another national public service organization; | 16 |
| and | 17 |
| (2) the sponsoring organization carries liability | 18 |
| insurance covering the program. | 19 |
| (a-3) If a graduated driver's license holder over the age | 20 |
| of 18 committed an offense against traffic regulations | 21 |
| governing the movement of vehicles or any violation of Section | 22 |
| 6-107 or Section 12-603.1 of this Code in the 6 months prior to | 23 |
| the graduated driver's license holder's 18th birthday, and was | 24 |
| subsequently convicted of the offense, the provisions of | 25 |
| subsection (a-1) shall continue to apply until such time as a | 26 |
| period of 6 consecutive months has elapsed without an |
|
|
|
HB4858 Enrolled |
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LRB096 16669 AJT 31952 b |
|
| 1 |
| additional violation and subsequent conviction of an offense | 2 |
| against traffic regulations governing the movement of vehicles | 3 |
| or Section 6-107 or Section 12-603.1 of this Code.
| 4 |
| (a-4) If an applicant for a driver's license or instruction | 5 |
| permit has a current identification card issued by the | 6 |
| Secretary of State, the Secretary may require the applicant to | 7 |
| utilize the same residence address and name on the | 8 |
| identification card, driver's license, and instruction permit | 9 |
| records maintained by the Secretary. The Secretary may | 10 |
| promulgate rules to implement this provision. | 11 |
| (b) Until the Secretary of State establishes a First Person | 12 |
| Consent organ and tissue donor registry under Section 6-117 of | 13 |
| this Code, the Secretary of State shall provide a format on the | 14 |
| reverse of
each driver's license issued which the licensee may | 15 |
| use to execute a document
of gift conforming to the provisions | 16 |
| of the Illinois Anatomical Gift Act.
The format shall allow the | 17 |
| licensee to indicate the gift intended, whether
specific | 18 |
| organs, any organ, or the entire body, and shall accommodate | 19 |
| the
signatures of the donor and 2 witnesses. The Secretary | 20 |
| shall also inform
each applicant or licensee of this format, | 21 |
| describe the procedure for its
execution, and may offer the | 22 |
| necessary witnesses; provided that in so doing,
the Secretary | 23 |
| shall advise the applicant or licensee that he or she is
under | 24 |
| no compulsion to execute a document of gift. A brochure
| 25 |
| explaining this method of executing an anatomical gift document | 26 |
| shall be given
to each applicant or licensee. The brochure |
|
|
|
HB4858 Enrolled |
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LRB096 16669 AJT 31952 b |
|
| 1 |
| shall advise the applicant or
licensee that he or she is under | 2 |
| no compulsion to execute a document of
gift, and that he or she | 3 |
| may wish to consult with family, friends or clergy
before doing | 4 |
| so. The Secretary of State may undertake additional efforts,
| 5 |
| including education and awareness activities, to promote organ | 6 |
| and tissue
donation.
| 7 |
| (c) The Secretary of State shall designate on each driver's | 8 |
| license issued
a space where the licensee may place a sticker | 9 |
| or decal of the uniform
size as the Secretary may specify, | 10 |
| which sticker or decal may indicate in
appropriate language | 11 |
| that the owner of the license carries an Emergency
Medical | 12 |
| Information Card.
| 13 |
| The sticker may be provided by any person, hospital, | 14 |
| school,
medical group, or association interested in assisting | 15 |
| in implementing
the Emergency Medical Information Card, but | 16 |
| shall meet the specifications
as the Secretary may by rule or | 17 |
| regulation require.
| 18 |
| (d) The Secretary of State shall designate on each driver's | 19 |
| license issued
a space where the licensee may indicate his | 20 |
| blood type and RH factor.
| 21 |
| (e) The Secretary of State shall provide
that each original | 22 |
| or renewal driver's license issued to a licensee under
21 years | 23 |
| of age shall be of a distinct nature from those driver's | 24 |
| licenses
issued to individuals 21 years of age and older. The | 25 |
| color designated for
driver's licenses for licensees under 21 | 26 |
| years of age shall be at the
discretion of the Secretary of |
|
|
|
HB4858 Enrolled |
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LRB096 16669 AJT 31952 b |
|
| 1 |
| State.
| 2 |
| (e-1) The Secretary shall provide that each driver's | 3 |
| license issued to a
person under the age of 21 displays the | 4 |
| date upon which the person becomes 18
years of age and the date | 5 |
| upon which the person becomes 21 years of age.
| 6 |
| (f) The Secretary of State shall inform all Illinois | 7 |
| licensed
commercial motor vehicle operators of the | 8 |
| requirements of the Uniform
Commercial Driver License Act, | 9 |
| Article V of this Chapter, and shall make
provisions to insure | 10 |
| that all drivers, seeking to obtain a commercial
driver's | 11 |
| license, be afforded an opportunity prior to April 1, 1992, to
| 12 |
| obtain the license. The Secretary is authorized to extend
| 13 |
| driver's license expiration dates, and assign specific times, | 14 |
| dates and
locations where these commercial driver's tests shall | 15 |
| be conducted. Any
applicant, regardless of the current | 16 |
| expiration date of the applicant's
driver's license, may be | 17 |
| subject to any assignment by the Secretary.
Failure to comply | 18 |
| with the Secretary's assignment may result in the
applicant's | 19 |
| forfeiture of an opportunity to receive a commercial driver's
| 20 |
| license prior to April 1, 1992.
| 21 |
| (g) The Secretary of State shall designate on a
driver's | 22 |
| license issued, a space where the licensee may indicate that he | 23 |
| or
she has drafted a living will in accordance with the | 24 |
| Illinois Living Will
Act or a durable power of attorney for | 25 |
| health care in accordance with the
Illinois Power of Attorney | 26 |
| Act.
|
|
|
|
HB4858 Enrolled |
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LRB096 16669 AJT 31952 b |
|
| 1 |
| (g-1) The Secretary of State, in his or her discretion, may | 2 |
| designate on
each driver's license issued a space where the | 3 |
| licensee may place a sticker or
decal, issued by the Secretary | 4 |
| of State, of uniform size as the Secretary may
specify, that | 5 |
| shall indicate in appropriate language that the owner of the
| 6 |
| license has renewed his or her driver's license.
| 7 |
| (h) A person who acts in good faith in accordance with the | 8 |
| terms of
this Section is not liable for damages in any civil | 9 |
| action or subject to
prosecution in any criminal proceeding for | 10 |
| his or her act.
| 11 |
| (Source: P.A. 95-310, eff. 1-1-08; 95-747, eff. 7-22-08; | 12 |
| 96-607, eff. 8-24-09.)
| 13 |
| (625 ILCS 5/6-118) (from Ch. 95 1/2, par. 6-118) | 14 |
| Sec. 6-118. Fees. | 15 |
| (a) The fee for licenses and permits under this
Article is | 16 |
| as follows: | 17 |
| Original driver's license .............................$30 | 18 |
| Original or renewal driver's license | 19 |
| issued to 18, 19 and 20 year olds .................. 5 | 20 |
| All driver's licenses for persons | 21 |
| age 69 through age 80 .............................. 5 | 22 |
| All driver's licenses for persons | 23 |
| age 81 through age 86 .............................. 2 | 24 |
| All driver's licenses for persons | 25 |
| age 87 or older .....................................0 |
|
|
|
HB4858 Enrolled |
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LRB096 16669 AJT 31952 b |
|
| 1 |
| Renewal driver's license (except for | 2 |
| applicants ages 18, 19 and 20 or | 3 |
| age 69 and older) ..................................30 | 4 |
| Original instruction permit issued to | 5 |
| persons (except those age 69 and older) | 6 |
| who do not hold or have not previously | 7 |
| held an Illinois instruction permit or | 8 |
| driver's license .................................. 20 | 9 |
| Instruction permit issued to any person | 10 |
| holding an Illinois driver's license | 11 |
| who wishes a change in classifications, | 12 |
| other than at the time of renewal .................. 5 | 13 |
| Any instruction permit issued to a person | 14 |
| age 69 and older ................................... 5 | 15 |
| Instruction permit issued to any person, | 16 |
| under age 69, not currently holding a | 17 |
| valid Illinois driver's license or | 18 |
| instruction permit but who has | 19 |
| previously been issued either document | 20 |
| in Illinois ....................................... 10 | 21 |
| Restricted driving permit .............................. 8 | 22 |
| Monitoring device driving permit ...................... 8 | 23 |
| Duplicate or corrected driver's license | 24 |
| or permit .......................................... 5 | 25 |
| Duplicate or corrected restricted | 26 |
| driving permit ..................................... 5 |
|
|
|
HB4858 Enrolled |
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LRB096 16669 AJT 31952 b |
|
| 1 |
| Duplicate or corrected monitoring | 2 |
| device driving permit .................................. 5 | 3 |
| Duplicate driver's license or permit issued to | 4 |
| an active-duty member of the | 5 |
| United States Armed Forces, | 6 |
| the member's spouse, or | 7 |
| the dependent children living | 8 |
| with the member ................................... 0 | 9 |
| Original or renewal M or L endorsement ................. 5 | 10 |
| SPECIAL FEES FOR COMMERCIAL DRIVER'S LICENSE | 11 |
| The fees for commercial driver licenses and permits | 12 |
| under Article V
shall be as follows: | 13 |
| Commercial driver's license: | 14 |
| $6 for the CDLIS/AAMVAnet Fund | 15 |
| (Commercial Driver's License Information | 16 |
| System/American Association of Motor Vehicle | 17 |
| Administrators network Trust Fund); | 18 |
| $20 for the Motor Carrier Safety Inspection Fund; | 19 |
| $10 for the driver's license; | 20 |
| and $24 for the CDL: ............................. $60 | 21 |
| Renewal commercial driver's license: | 22 |
| $6 for the CDLIS/AAMVAnet Trust Fund; | 23 |
| $20 for the Motor Carrier Safety Inspection Fund; | 24 |
| $10 for the driver's license; and | 25 |
| $24 for the CDL: ................................. $60 | 26 |
| Commercial driver instruction permit |
|
|
|
HB4858 Enrolled |
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LRB096 16669 AJT 31952 b |
|
| 1 |
| issued to any person holding a valid | 2 |
| Illinois driver's license for the | 3 |
| purpose of changing to a | 4 |
| CDL classification: $6 for the | 5 |
| CDLIS/AAMVAnet Trust Fund; | 6 |
| $20 for the Motor Carrier | 7 |
| Safety Inspection Fund; and | 8 |
| $24 for the CDL classification ................... $50 | 9 |
| Commercial driver instruction permit | 10 |
| issued to any person holding a valid | 11 |
| Illinois CDL for the purpose of | 12 |
| making a change in a classification, | 13 |
| endorsement or restriction ........................ $5 | 14 |
| CDL duplicate or corrected license .................... $5 | 15 |
| In order to ensure the proper implementation of the Uniform | 16 |
| Commercial
Driver License Act, Article V of this Chapter, the | 17 |
| Secretary of State is
empowered to pro-rate the $24 fee for the | 18 |
| commercial driver's license
proportionate to the expiration | 19 |
| date of the applicant's Illinois driver's
license. | 20 |
| The fee for any duplicate license or permit shall be waived | 21 |
| for any
person age 60 or older who presents the Secretary of | 22 |
| State's office with a
police report showing that his license or | 23 |
| permit was stolen. | 24 |
| The fee for any duplicate license or permit shall be waived | 25 |
| for any
person age 60 or older whose driver's license or permit | 26 |
| has been lost or stolen. |
|
|
|
HB4858 Enrolled |
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LRB096 16669 AJT 31952 b |
|
| 1 |
| No additional fee shall be charged for a driver's license, | 2 |
| or for a
commercial driver's license, when issued
to the holder | 3 |
| of an instruction permit for the same classification or
type of | 4 |
| license who becomes eligible for such
license. | 5 |
| (b) Any person whose license or privilege to operate a | 6 |
| motor vehicle
in this State has been suspended or revoked under | 7 |
| Section 3-707, any
provision of
Chapter 6, Chapter 11, or | 8 |
| Section 7-205, 7-303, or 7-702 of the Family
Financial
| 9 |
| Responsibility Law of this Code, shall in addition to any other
| 10 |
| fees required by this Code, pay a reinstatement fee as follows: | 11 |
| Suspension under Section 3-707 .....................
$100
| 12 |
| Summary suspension under Section 11-501.1 ...........$250
| 13 |
| Other suspension ......................................$70 | 14 |
| Revocation ...........................................$500 | 15 |
| However, any person whose license or privilege to operate a | 16 |
| motor vehicle
in this State has been suspended or revoked for a | 17 |
| second or subsequent time
for a violation of Section 11-501 or | 18 |
| 11-501.1
of this Code or a similar provision of a local | 19 |
| ordinance
or a similar out-of-state offense
or Section 9-3 of | 20 |
| the Criminal Code of 1961
and each suspension or revocation was | 21 |
| for a violation of Section 11-501 or
11-501.1 of this Code or a | 22 |
| similar provision of a local ordinance
or a similar | 23 |
| out-of-state offense
or Section
9-3 of the Criminal Code of | 24 |
| 1961
shall pay, in addition to any other
fees required by this | 25 |
| Code, a
reinstatement
fee as follows: | 26 |
| Summary suspension under Section 11-501.1 ............$500 |
|
|
|
HB4858 Enrolled |
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LRB096 16669 AJT 31952 b |
|
| 1 |
| Revocation ...........................................$500 | 2 |
| (c) All fees collected under the provisions of this Chapter | 3 |
| 6 shall be
paid into the Road Fund in the State Treasury except | 4 |
| as follows: | 5 |
| 1. The following amounts shall be paid into the Driver | 6 |
| Education Fund: | 7 |
| (A) $16 of the $20
fee for an original driver's | 8 |
| instruction permit; | 9 |
| (B) $5 of the $30 fee for an original driver's | 10 |
| license; | 11 |
| (C) $5 of the $30 fee for a 4 year renewal driver's | 12 |
| license;
| 13 |
| (D) $4 of the $8 fee for a restricted driving | 14 |
| permit; and | 15 |
| (E) $4 of the $8 fee for a monitoring device | 16 |
| driving permit. | 17 |
| 2. $30 of the $250 fee for reinstatement of a
license
| 18 |
| summarily suspended under Section 11-501.1 shall be | 19 |
| deposited into the
Drunk and Drugged Driving Prevention | 20 |
| Fund.
However, for a person whose license or privilege to | 21 |
| operate a motor vehicle
in this State has been suspended or | 22 |
| revoked for a second or subsequent time for
a violation of | 23 |
| Section 11-501 or 11-501.1 of this Code or Section 9-3 of | 24 |
| the
Criminal Code of 1961,
$190 of the $500 fee for | 25 |
| reinstatement of a license summarily
suspended under
| 26 |
| Section 11-501.1,
and $190 of the $500 fee for |
|
|
|
HB4858 Enrolled |
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LRB096 16669 AJT 31952 b |
|
| 1 |
| reinstatement of a revoked license
shall be deposited into | 2 |
| the Drunk and Drugged Driving Prevention Fund. | 3 |
| 3. $6 of such original or renewal fee for a commercial | 4 |
| driver's
license and $6 of the commercial driver | 5 |
| instruction permit fee when such
permit is issued to any | 6 |
| person holding a valid Illinois driver's license,
shall be | 7 |
| paid into the CDLIS/AAMVAnet Trust Fund. | 8 |
| 4. $30 of the $70 fee for reinstatement of a license | 9 |
| suspended
under the
Family
Financial Responsibility Law | 10 |
| shall be paid into the Family Responsibility
Fund. | 11 |
| 5. The $5 fee for each original or renewal M or L | 12 |
| endorsement shall be
deposited into the Cycle Rider Safety | 13 |
| Training Fund. | 14 |
| 6. $20 of any original or renewal fee for a commercial | 15 |
| driver's
license or commercial driver instruction permit | 16 |
| shall be paid into the Motor
Carrier Safety Inspection | 17 |
| Fund. | 18 |
| 7. The following amounts shall be paid into the General | 19 |
| Revenue Fund: | 20 |
| (A) $190 of the $250 reinstatement fee for a | 21 |
| summary suspension under
Section 11-501.1; | 22 |
| (B) $40 of the $70 reinstatement fee for any other | 23 |
| suspension provided
in subsection (b) of this Section; | 24 |
| and | 25 |
| (C) $440 of the $500 reinstatement fee for a first | 26 |
| offense revocation
and $310 of the $500 reinstatement |
|
|
|
HB4858 Enrolled |
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LRB096 16669 AJT 31952 b |
|
| 1 |
| fee for a second or subsequent revocation. | 2 |
| (d) All of the proceeds of the additional fees imposed by | 3 |
| this amendatory Act of the 96th General Assembly shall be | 4 |
| deposited into the Capital Projects Fund. | 5 |
| (e) The additional fees imposed by this amendatory Act of | 6 |
| the 96th General Assembly shall become effective 90 days after | 7 |
| becoming law. | 8 |
| (f) As used in this Section, "active-duty member of the | 9 |
| United States Armed Forces" means a member of the Armed | 10 |
| Services or Reserve Forces of the United States or a member of | 11 |
| the Illinois National Guard who is called to active duty | 12 |
| pursuant to an executive order of the President of the United | 13 |
| States, an act of the Congress of the United States, or an | 14 |
| order of the Governor. | 15 |
| (Source: P.A. 95-855, eff. 1-1-09; 96-34, eff. 7-13-09; 96-38, | 16 |
| eff. 7-13-09.) | 17 |
| Section 15. The Code of Civil Procedure is amended by | 18 |
| adding Section 21-105 as follows: | 19 |
| (735 ILCS 5/21-105 new) | 20 |
| Sec. 21-105. Invalidity of common law name changes. Common | 21 |
| law name changes adopted in this State on or after July 1, 2010 | 22 |
| are invalid. All name changes shall be made pursuant to | 23 |
| marriage or other legal proceedings. |
|
|
|
HB4858 Enrolled |
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LRB096 16669 AJT 31952 b |
|
| 1 |
| Section 95. No acceleration or delay. Where this Act makes | 2 |
| changes in a statute that is represented in this Act by text | 3 |
| that is not yet or no longer in effect (for example, a Section | 4 |
| represented by multiple versions), the use of that text does | 5 |
| not accelerate or delay the taking effect of (i) the changes | 6 |
| made by this Act or (ii) provisions derived from any other | 7 |
| Public Act.
| 8 |
| Section 99. Effective date. This Act takes effect upon | 9 |
| becoming law.
|
|