Full Text of HB3153 98th General Assembly
HB3153 98TH GENERAL ASSEMBLY |
| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014 HB3153 Introduced , by Rep. Jim Durkin SYNOPSIS AS INTRODUCED: |
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Amends the Illinois Vehicle Code. Requires applicants for a temporary visitor's driver's license to submit to fingerprinting for the purpose of conducting a background check in State and federal databases. Requires the applicant to pay for the cost of this fingerprinting and background check. Effective immediately.
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| | A BILL FOR |
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| 1 | | AN ACT concerning transportation.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Vehicle Code is amended by changing | 5 | | Section 6-105.1 as follows: | 6 | | (625 ILCS 5/6-105.1) | 7 | | (Text of Section before amendment by P.A. 97-1157 )
| 8 | | Sec. 6-105.1. Temporary visitor's driver's license. | 9 | | (a) The Secretary of State may issue a temporary visitor's | 10 | | driver's license to a foreign national who (i) resides in this | 11 | | State, (ii) is ineligible to obtain a social security number, | 12 | | and (iii) presents to the Secretary documentation, issued by | 13 | | United States Citizenship and Immigration Services, | 14 | | authorizing the person's presence in this country. Each | 15 | | applicant for the temporary visitor's driver's license shall | 16 | | submit fingerprints as required by the Department of State | 17 | | Police to conduct fingerprint based criminal background checks | 18 | | on information available in the State system and information | 19 | | available through the Federal Bureau of Investigation's | 20 | | system. The applicant shall be required to pay all related | 21 | | fingerprinting fees as established by rule including, but not | 22 | | limited to, the amounts established by the Department of State | 23 | | Police and the Federal Bureau of Investigation to process |
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| 1 | | fingerprint based criminal background investigations. All fees | 2 | | paid for fingerprint processing services under this Section | 3 | | shall be deposited into the State Police Services Fund for | 4 | | costs incurred in processing the fingerprint based criminal | 5 | | background investigations. | 6 | | (b) A temporary visitor's driver's license is valid for 3 | 7 | | years, or for the period of time the individual is authorized | 8 | | to remain in this country, whichever ends sooner.
| 9 | | (c) The Secretary shall adopt rules for implementing this | 10 | | Section, including rules regarding the design and content of | 11 | | the temporary visitor's driver's license.
| 12 | | (Source: P.A. 93-752, eff. 1-1-05.) | 13 | | (Text of Section after amendment by P.A. 97-1157 ) | 14 | | Sec. 6-105.1. Temporary visitor's driver's license. | 15 | | (a) The Secretary of State may issue a temporary visitor's | 16 | | driver's license to a foreign national who (i) resides in this | 17 | | State, (ii) is ineligible to obtain a social security number, | 18 | | and (iii) presents to the Secretary documentation, issued by | 19 | | United States Citizenship and Immigration Services, | 20 | | authorizing the person's presence in this country. | 21 | | (a-5) The Secretary of State may issue a temporary | 22 | | visitor's driver's license to an applicant who (i) has resided | 23 | | in this State for a period in excess of one year, (ii) is | 24 | | ineligible to obtain a social security number, and (iii) is | 25 | | unable to present documentation issued by the United States |
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| 1 | | Citizenship and Immigration Services authorizing the person's | 2 | | presence in this country. Each applicant for the temporary | 3 | | visitor's driver's license shall submit fingerprints as | 4 | | required by the Department of State Police to conduct | 5 | | fingerprint based criminal background checks on information | 6 | | available in the State system and information available through | 7 | | the Federal Bureau of Investigation's system. The applicant | 8 | | shall be required to pay all related fingerprinting fees as | 9 | | established by rule including, but not limited to, the amounts | 10 | | established by the Department of State Police and the Federal | 11 | | Bureau of Investigation to process fingerprint based criminal | 12 | | background investigations. All fees paid for fingerprint | 13 | | processing services under this Section shall be deposited into | 14 | | the State Police Services Fund for costs incurred in processing | 15 | | the fingerprint based criminal background investigations. The | 16 | | applicant shall submit a valid unexpired passport from the | 17 | | applicant's country of citizenship or a valid unexpired | 18 | | consular identification document issued by a consulate of that | 19 | | country as defined in Section 5 of the Consular Identification | 20 | | Document Act (5 ILCS 230/5). | 21 | | (a-10) Applicants for a temporary visitor's driver's | 22 | | license who are under 18 years of age at the time of | 23 | | application shall be subject to the provisions of Sections | 24 | | 6-107 and 6-108 of this Code. | 25 | | (b) A temporary visitor's driver's license issued under | 26 | | subsection (a) is valid for 3 years, or for the period of time |
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| 1 | | the individual is authorized to remain in this country, | 2 | | whichever ends sooner. A temporary visitor's driver's license | 3 | | issued under subsection (a-5) shall be valid for a period of 3 | 4 | | years. | 5 | | (b-5) A temporary visitor's driver's license issued under | 6 | | this Section may not be accepted for proof of the holder's | 7 | | identity. A temporary visitor's driver's license issued under | 8 | | this Section shall contain a notice on its face, in capitalized | 9 | | letters, stating that the temporary visitor's driver's license | 10 | | may not be accepted for proof of identity. | 11 | | (c) The Secretary shall adopt rules for implementing this | 12 | | Section, including rules: | 13 | | (1) regarding the design and content of the temporary | 14 | | visitor's driver's license; | 15 | | (2) establishing criteria for proof of identification | 16 | | and residency of an individual applying under subsection | 17 | | (a-5); | 18 | | (3) designating acceptable evidence that an applicant | 19 | | is not eligible for a social security number; and | 20 | | (4) regarding the issuance of temporary visitor's | 21 | | instruction permits.
| 22 | | (d) Any person to whom the Secretary of State may issue a | 23 | | temporary visitor's driver's license shall be subject to any | 24 | | and all provisions of this Code and any and all implementing | 25 | | regulations issued by the Secretary of State to the same extent | 26 | | as any person issued a driver's license, unless otherwise |
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| 1 | | provided in this Code or by administrative rule, including but | 2 | | not limited to the examination requirements in Section 6-109 as | 3 | | well as the mandatory insurance requirements and penalties set | 4 | | forth in Article VI of Chapter 7 of this Code. | 5 | | (d-5) A temporary visitor's driver's license is invalid if | 6 | | the holder is unable to provide proof of liability insurance as | 7 | | required by Section 7-601 of this Code upon the request of a | 8 | | law enforcement officer, in which case the holder commits a | 9 | | violation of Section 6-101 of this Code. | 10 | | (e) Temporary visitor's driver's licenses shall be issued | 11 | | from a central location after the Secretary of State has | 12 | | verified the information provided by the applicant. | 13 | | (f) There is created in the State treasury a special fund | 14 | | to be known as the Driver Services Administration Fund. All | 15 | | fees collected for the issuance of temporary visitor's driver's | 16 | | licenses shall be deposited into the Fund. These funds shall, | 17 | | subject to appropriation, be used by the Office of the | 18 | | Secretary of State for costs related to the issuance of | 19 | | temporary visitor's driver's licenses, and other operational | 20 | | costs, including personnel, facilities, computer programming, | 21 | | and data transmission. | 22 | | (Source: P.A. 97-1157, eff. 11-28-13.) | 23 | | Section 95. No acceleration or delay. Where this Act makes | 24 | | changes in a statute that is represented in this Act by text | 25 | | that is not yet or no longer in effect (for example, a Section |
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| 1 | | represented by multiple versions), the use of that text does | 2 | | not accelerate or delay the taking effect of (i) the changes | 3 | | made by this Act or (ii) provisions derived from any other | 4 | | Public Act.
| 5 | | Section 99. Effective date. This Act takes effect upon | 6 | | becoming law.
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