Full Text of SB1431 101st General Assembly
SB1431 101ST GENERAL ASSEMBLY |
| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020 SB1431 Introduced 2/13/2019, by Sen. Dan McConchie SYNOPSIS AS INTRODUCED: |
| 625 ILCS 5/6-115 | from Ch. 95 1/2, par. 6-115 | 625 ILCS 5/6-118 | |
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Amends the Illinois Vehicle Code. Extends the term for a driver's license to 6 years (from 4 years). Makes a corresponding change. Increases the fee for an original or renewal driver's license from $30 to $45. Effective January 1, 2022.
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| | | FISCAL NOTE ACT MAY APPLY | |
| | 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 | | Sections 6-115 and 6-118 as follows:
| 6 | | (625 ILCS 5/6-115) (from Ch. 95 1/2, par. 6-115)
| 7 | | Sec. 6-115. Expiration of driver's license.
| 8 | | (a) Except as provided elsewhere in this Section, every
| 9 | | driver's license issued under the provisions of
this Code shall
| 10 | | expire 6 4 years from the date of its issuance, or at such | 11 | | later
date, as the Secretary of State may by proper rule and | 12 | | regulation designate,
not to exceed 12 calendar months; in the | 13 | | event
that an applicant for renewal of a driver's license fails
| 14 | | to apply prior to
the expiration date of the previous driver's | 15 | | license, the renewal driver's
license
shall expire 6 4 years | 16 | | from the expiration date of the previous
driver's license, or | 17 | | at such later date as the Secretary of State may
by proper rule | 18 | | and
regulation designate, not to exceed 12 calendar months.
| 19 | | The Secretary of State may, however, issue to a
person not | 20 | | previously licensed as a driver in Illinois a driver's
license
| 21 | | which will expire not less than 6 4 years nor more than 7 5
| 22 | | years from date of
issuance, except as provided elsewhere in | 23 | | this Section.
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| 1 | | (a-5) Every driver's license issued under this Code to an | 2 | | applicant who is not a United States citizen or permanent | 3 | | resident shall be marked "Limited Term" and shall expire on | 4 | | whichever is the earlier date of the following: | 5 | | (1) as provided under subsection (a), (f), (g), or (i) | 6 | | of this Section; | 7 | | (2) on the date the applicant's authorized stay in the | 8 | | United States terminates; or | 9 | | (3) if the applicant's authorized stay is indefinite | 10 | | and the applicant is applying for a Limited Term REAL ID | 11 | | compliant driver's license, one year from the date of | 12 | | issuance of the license. | 13 | | (b) Before the expiration of a driver's license, except | 14 | | those
licenses expiring on the individual's 21st birthday, or 3 | 15 | | months after
the individual's 21st birthday, the holder thereof | 16 | | may apply for a renewal
thereof, subject to all the provisions | 17 | | of Section 6-103, and the Secretary
of State may require an | 18 | | examination of the applicant. A licensee
whose driver's license | 19 | | expires on his 21st birthday, or 3 months after
his 21st | 20 | | birthday, may not apply for a renewal of his driving privileges
| 21 | | until he reaches the age of 21.
| 22 | | (c) The Secretary of State shall, 30 days prior to the | 23 | | expiration of a
driver's license, forward to each person whose | 24 | | license
is to expire a
notification of the expiration of said | 25 | | license which may
be presented at the time of renewal of said | 26 | | license.
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| 1 | | There may be included with such notification information | 2 | | explaining
the anatomical gift and Emergency Medical | 3 | | Information Card provisions of
Section 6-110. The format and | 4 | | text of such information
shall be prescribed by the Secretary.
| 5 | | There shall be included with such notification,
for a | 6 | | period of 4 years beginning January 1, 2000 information | 7 | | regarding the
Illinois Adoption Registry and Medical | 8 | | Information Exchange established in
Section 18.1 of the | 9 | | Adoption Act.
| 10 | | (d) The Secretary may defer the expiration of the driver's | 11 | | license
of a licensee, spouse, and dependent children who are | 12 | | living with such licensee
while on active duty, serving in the | 13 | | Armed Forces of the United
States outside of the State of | 14 | | Illinois, and 120 days thereafter, upon such
terms and | 15 | | conditions as the Secretary may prescribe.
| 16 | | (d-5) The Secretary may defer the expiration of the | 17 | | driver's license of a licensee, or of a spouse or dependent | 18 | | children living with the licensee, serving as a civilian | 19 | | employee of the United States Armed Forces or the United States | 20 | | Department of Defense, outside of the State of Illinois, and | 21 | | 120 days thereafter, upon such terms and conditions as the | 22 | | Secretary may prescribe. | 23 | | (e) The Secretary of State may decline to process a renewal | 24 | | of a driver's
license
of any person who has not paid any fee or | 25 | | tax due under this Code and is not
paid upon reasonable notice | 26 | | and demand.
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| 1 | | (f) The Secretary shall provide that each original or | 2 | | renewal driver's
license issued to a licensee under 21 years of | 3 | | age shall expire 3 months
after the licensee's 21st birthday. | 4 | | Persons whose current driver's licenses
expire on their 21st | 5 | | birthday on or after January 1, 1986 shall not renew their
| 6 | | driver's license before their 21st birthday, and their current | 7 | | driver's
license will be extended for an additional term of 3 | 8 | | months beyond their
21st birthday. Thereafter, the expiration | 9 | | and term of the driver's license
shall be governed by | 10 | | subsection (a) hereof.
| 11 | | (g) The Secretary shall provide that each original or | 12 | | renewal driver's
license issued to a licensee 81 years of age | 13 | | through age 86 shall expire 2
years from the date of issuance, | 14 | | or at such later date as the Secretary may
by rule and | 15 | | regulation designate, not to exceed an additional 12 calendar
| 16 | | months. The
Secretary shall also provide that each original or | 17 | | renewal driver's license
issued to a licensee 87 years of age | 18 | | or older shall expire 12 months from
the date of issuance, or | 19 | | at such later date as the Secretary may by rule
and regulation | 20 | | designate, not to exceed an additional 12 calendar months.
| 21 | | (h) The Secretary of State shall provide that each special
| 22 | | restricted driver's license issued under subsection (g) of | 23 | | Section
6-113 of this Code shall expire 12 months from the date | 24 | | of
issuance. The Secretary shall adopt rules defining renewal
| 25 | | requirements.
| 26 | | (i) The Secretary of State shall provide that each driver's |
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| 1 | | license issued to a person convicted of a sex offense as | 2 | | defined in Section 2 of the Sex Offender Registration Act shall | 3 | | expire 12 months from the date of issuance or at such date as | 4 | | the Secretary may by rule designate, not to exceed an | 5 | | additional 12 calendar months. The Secretary may adopt rules | 6 | | defining renewal requirements.
| 7 | | (Source: P.A. 99-118, eff. 1-1-16; 99-305, eff. 1-1-16; 99-642, | 8 | | eff. 7-28-16; 100-248, eff. 8-22-17; 100-863, eff. 8-14-18.)
| 9 | | (625 ILCS 5/6-118)
| 10 | | Sec. 6-118. Fees. | 11 | | (a) The fees fee for licenses and permits under this
| 12 | | Article are is as follows: | 13 | | Original driver's license ..........................$45 $30 | 14 | | Original or renewal driver's license | 15 | | issued to 18, 19 and 20 year olds .................. 5 | 16 | | All driver's licenses for persons | 17 | | age 69 through age 80 .............................. 5 | 18 | | All driver's licenses for persons | 19 | | age 81 through age 86 .............................. 2 | 20 | | All driver's licenses for persons | 21 | | age 87 or older .....................................0 | 22 | | Renewal driver's license (except for | 23 | | applicants ages 18, 19 and 20 or | 24 | | age 69 and older) ................................45 30 | 25 | | Original instruction permit issued to |
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| 1 | | persons (except those age 69 and older) | 2 | | who do not hold or have not previously | 3 | | held an Illinois instruction permit or | 4 | | driver's license .................................. 20 | 5 | | Instruction permit issued to any person | 6 | | holding an Illinois driver's license | 7 | | who wishes a change in classifications, | 8 | | other than at the time of renewal .................. 5 | 9 | | Any instruction permit issued to a person | 10 | | age 69 and older ................................... 5 | 11 | | Instruction permit issued to any person, | 12 | | under age 69, not currently holding a | 13 | | valid Illinois driver's license or | 14 | | instruction permit but who has | 15 | | previously been issued either document | 16 | | in Illinois ....................................... 10 | 17 | | Restricted driving permit .............................. 8 | 18 | | Monitoring device driving permit ...................... 8 | 19 | | Duplicate or corrected driver's license | 20 | | or permit .......................................... 5 | 21 | | Duplicate or corrected restricted | 22 | | driving permit ..................................... 5 | 23 | | Duplicate or corrected monitoring | 24 | | device driving permit .................................. 5 | 25 | | Duplicate driver's license or permit issued to | 26 | | an active-duty member of the |
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| 1 | | United States Armed Forces, | 2 | | the member's spouse, or | 3 | | the dependent children living | 4 | | with the member ................................... 0 | 5 | | Original or renewal M or L endorsement ................. 5 | 6 | | SPECIAL FEES FOR COMMERCIAL DRIVER'S LICENSE | 7 | | The fees for commercial driver licenses and permits | 8 | | under Article V
shall be as follows: | 9 | | Commercial driver's license: | 10 | | $6 for the CDLIS/AAMVAnet/NMVTIS Trust Fund | 11 | | (Commercial Driver's License Information | 12 | | System/American Association of Motor Vehicle | 13 | | Administrators network/National Motor Vehicle | 14 | | Title Information Service Trust Fund); | 15 | | $20 for the Motor Carrier Safety Inspection Fund; | 16 | | $10 for the driver's license; | 17 | | and $24 for the CDL: ............................. $60 | 18 | | Renewal commercial driver's license: | 19 | | $6 for the CDLIS/AAMVAnet/NMVTIS Trust Fund; | 20 | | $20 for the Motor Carrier Safety Inspection Fund; | 21 | | $10 for the driver's license; and | 22 | | $24 for the CDL: ................................. $60 | 23 | | Commercial learner's permit | 24 | | issued to any person holding a valid | 25 | | Illinois driver's license for the | 26 | | purpose of changing to a |
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| 1 | | CDL classification: $6 for the | 2 | | CDLIS/AAMVAnet/NMVTIS Trust Fund; | 3 | | $20 for the Motor Carrier | 4 | | Safety Inspection Fund; and | 5 | | $24 for the CDL classification ................... $50 | 6 | | Commercial learner's permit | 7 | | issued to any person holding a valid | 8 | | Illinois CDL for the purpose of | 9 | | making a change in a classification, | 10 | | endorsement or restriction ........................ $5 | 11 | | CDL duplicate or corrected license .................... $5 | 12 | | In order to ensure the proper implementation of the Uniform | 13 | | Commercial
Driver License Act, Article V of this Chapter, the | 14 | | Secretary of State is
empowered to prorate pro-rate the $24 fee | 15 | | for the commercial driver's license
proportionate to the | 16 | | expiration date of the applicant's Illinois driver's
license. | 17 | | The fee for any duplicate license or permit shall be waived | 18 | | for any
person who presents the Secretary of State's office | 19 | | with a
police report showing that his license or permit was | 20 | | stolen. | 21 | | The fee for any duplicate license or permit shall be waived | 22 | | for any
person age 60 or older whose driver's license or permit | 23 | | has been lost or stolen. | 24 | | No additional fee shall be charged for a driver's license, | 25 | | or for a
commercial driver's license, when issued
to the holder | 26 | | of an instruction permit for the same classification or
type of |
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| 1 | | license who becomes eligible for such
license. | 2 | | The fee for a restricted driving permit under this | 3 | | subsection (a) shall be imposed annually until the expiration | 4 | | of the permit. | 5 | | (a-5) The fee for a driver's record or data contained | 6 | | therein is $12. | 7 | | (b) Any person whose license or privilege to operate a | 8 | | motor vehicle
in this State has been suspended or revoked under | 9 | | Section 3-707, any
provision of
Chapter 6, Chapter 11, or | 10 | | Section 7-205, 7-303, or 7-702 of the Family
Financial
| 11 | | Responsibility Law of this Code, shall in addition to any other
| 12 | | fees required by this Code, pay a reinstatement fee as follows: | 13 | | Suspension under Section 3-707 .....................
$100
| 14 | | Suspension under Section 11-1431 ....................$100 | 15 | | Summary suspension under Section 11-501.1 ...........$250
| 16 | | Suspension under Section 11-501.9 ...................$250 | 17 | | Summary revocation under Section 11-501.1 ............$500 | 18 | | Other suspension ......................................$70 | 19 | | Revocation ...........................................$500 | 20 | | However, any person whose license or privilege to operate a | 21 | | motor vehicle
in this State has been suspended or revoked for a | 22 | | second or subsequent time
for a violation of Section 11-501, | 23 | | 11-501.1, or 11-501.9
of this Code or a similar provision of a | 24 | | local ordinance
or a similar out-of-state offense
or Section | 25 | | 9-3 of the Criminal Code of 1961 or the Criminal Code of 2012
| 26 | | and each suspension or revocation was for a violation of |
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| 1 | | Section 11-501,
11-501.1, or 11-501.9 of this Code or a similar | 2 | | provision of a local ordinance
or a similar out-of-state | 3 | | offense
or Section
9-3 of the Criminal Code of 1961 or the | 4 | | Criminal Code of 2012
shall pay, in addition to any other
fees | 5 | | required by this Code, a
reinstatement
fee as follows: | 6 | | Summary suspension under Section 11-501.1 ............$500 | 7 | | Suspension under Section 11-501.9 ...................$500 | 8 | | Summary revocation under Section 11-501.1 ............$500 | 9 | | Revocation ...........................................$500 | 10 | | (c) All fees collected under the provisions of this Chapter | 11 | | 6 shall be disbursed under subsection (g) of Section 2-119 of | 12 | | this Code,
except as follows: | 13 | | 1. The following amounts shall be paid into the Drivers | 14 | | Education Fund: | 15 | | (A) $16 of the $20
fee for an original driver's | 16 | | instruction permit; | 17 | | (B) $5 of the $30 fee for an original driver's | 18 | | license; | 19 | | (C) $5 of the $30 fee for a 4 year renewal driver's | 20 | | license;
| 21 | | (D) $4 of the $8 fee for a restricted driving | 22 | | permit; and | 23 | | (E) $4 of the $8 fee for a monitoring device | 24 | | driving permit. | 25 | | 2. $30 of the $250 fee for reinstatement of a
license
| 26 | | summarily suspended under Section 11-501.1 or suspended |
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| 1 | | under Section 11-501.9 shall be deposited into the
Drunk | 2 | | and Drugged Driving Prevention Fund.
However, for a person | 3 | | whose license or privilege to operate a motor vehicle
in | 4 | | this State has been suspended or revoked for a second or | 5 | | subsequent time for
a violation of Section 11-501, | 6 | | 11-501.1, or 11-501.9 of this Code or Section 9-3 of the
| 7 | | Criminal Code of 1961 or the Criminal Code of 2012,
$190 of | 8 | | the $500 fee for reinstatement of a license summarily
| 9 | | suspended under
Section 11-501.1 or suspended under | 10 | | Section 11-501.9,
and $190 of the $500 fee for | 11 | | reinstatement of a revoked license
shall be deposited into | 12 | | the Drunk and Drugged Driving Prevention Fund. $190 of the | 13 | | $500 fee for reinstatement of a license summarily revoked | 14 | | pursuant to Section 11-501.1 shall be deposited into the | 15 | | Drunk and Drugged Driving Prevention Fund. | 16 | | 3. $6 of the original or renewal fee for a commercial | 17 | | driver's
license and $6 of the commercial learner's permit | 18 | | fee when the
permit is issued to any person holding a valid | 19 | | Illinois driver's license,
shall be paid into the | 20 | | CDLIS/AAMVAnet/NMVTIS Trust Fund. | 21 | | 4. $30 of the $70 fee for reinstatement of a license | 22 | | suspended
under the
Family
Financial Responsibility Law | 23 | | shall be paid into the Family Responsibility
Fund. | 24 | | 5. The $5 fee for each original or renewal M or L | 25 | | endorsement shall be
deposited into the Cycle Rider Safety | 26 | | Training Fund. |
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| 1 | | 6. $20 of any original or renewal fee for a commercial | 2 | | driver's
license or commercial learner's permit shall be | 3 | | paid into the Motor
Carrier Safety Inspection Fund. | 4 | | 7. The following amounts shall be paid into the General | 5 | | Revenue Fund: | 6 | | (A) $190 of the $250 reinstatement fee for a | 7 | | summary suspension under
Section 11-501.1 or a | 8 | | suspension under Section 11-501.9; | 9 | | (B) $40 of the $70 reinstatement fee for any other | 10 | | suspension provided
in subsection (b) of this Section; | 11 | | and | 12 | | (C) $440 of the $500 reinstatement fee for a first | 13 | | offense revocation
and $310 of the $500 reinstatement | 14 | | fee for a second or subsequent revocation. | 15 | | 8. Fees collected under paragraph (4) of subsection (d) | 16 | | and subsection (h) of Section 6-205 of this Code; | 17 | | subparagraph (C) of paragraph 3 of subsection (c) of | 18 | | Section 6-206 of this Code; and paragraph (4) of subsection | 19 | | (a) of Section 6-206.1 of this Code, shall be paid into the | 20 | | funds set forth in those Sections. | 21 | | (d) All of the proceeds of the additional fees imposed by | 22 | | this amendatory Act of the 96th General Assembly shall be | 23 | | deposited into the Capital Projects Fund. | 24 | | (e) The additional fees imposed by this amendatory Act of | 25 | | the 96th General Assembly shall become effective 90 days after | 26 | | becoming law. |
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| 1 | | (f) As used in this Section, "active-duty member of the | 2 | | United States Armed Forces" means a member of the Armed | 3 | | Services or Reserve Forces of the United States or a member of | 4 | | the Illinois National Guard who is called to active duty | 5 | | pursuant to an executive order of the President of the United | 6 | | States, an act of the Congress of the United States, or an | 7 | | order of the Governor. | 8 | | (Source: P.A. 99-127, eff. 1-1-16; 99-438, eff. 1-1-16; 99-642, | 9 | | eff. 7-28-16; 99-933, eff. 1-27-17; 100-590, eff. 6-8-18; | 10 | | 100-803, eff. 1-1-19; revised 10-24-18.)
| 11 | | Section 99. Effective date. This Act takes effect January | 12 | | 1, 2022.
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