Full Text of SB3985 102nd General Assembly
SB3985sam001 102ND GENERAL ASSEMBLY | Sen. Dan McConchie Filed: 2/22/2022
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| 1 | | AMENDMENT TO SENATE BILL 3985
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 3985 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Illinois Vehicle Code is amended by | 5 | | changing 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 | 10 | | shall
expire 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 | 14 | | fails
to apply prior to
the expiration date of the previous | 15 | | driver's license, the renewal driver's
license
shall expire 4 | 16 | | years from the expiration date of the previous
driver's |
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| 1 | | license, or at such later date as the Secretary of State may
by | 2 | | proper rule and
regulation designate, not to exceed 12 | 3 | | calendar months.
| 4 | | The Secretary of State may, however, issue to a
person not | 5 | | previously licensed as a driver in Illinois a driver's
license
| 6 | | which will expire not less than 4 years nor more than 5
years | 7 | | from date of
issuance, except as provided elsewhere in this | 8 | | Section.
| 9 | | (a-3) Beginning no later than January 1, 2026, the | 10 | | Secretary shall offer to qualified applicants the option to be | 11 | | issued an 8-year driver's license. The Secretary shall submit | 12 | | proposed rules to implement this subsection to the Joint | 13 | | Committee on Administrative Rules no later than December 31, | 14 | | 2023. | 15 | | (a-5) Every driver's license issued under this Code to an | 16 | | applicant who is not a United States citizen or permanent | 17 | | resident, or an individual who has an approved application for | 18 | | asylum in the United States or has entered the United States in | 19 | | refugee status, shall expire on whichever is the earlier date | 20 | | of the following: | 21 | | (1) as provided under subsection (a), (f), (g), or (i) | 22 | | of this Section; | 23 | | (2) on the date the applicant's authorized stay in the | 24 | | United States terminates; or | 25 | | (3) if the applicant's authorized stay is indefinite | 26 | | and the applicant is applying for a Limited Term REAL ID |
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| 1 | | compliant driver's license, one year from the date of | 2 | | issuance of the license. | 3 | | (a-10) Every REAL ID compliant driver's license issued | 4 | | under this Code to an applicant who is not a United States | 5 | | citizen or permanent resident, or an individual who has an | 6 | | approved application for asylum in the United States or has | 7 | | entered the United States in refugee status, shall be marked | 8 | | "Limited Term". | 9 | | (b) Before the expiration of a driver's license, except | 10 | | those
licenses expiring on the individual's 21st birthday, or | 11 | | 3 months after
the individual's 21st birthday, the holder | 12 | | thereof may apply for a renewal
thereof, subject to all the | 13 | | provisions of Section 6-103, and the Secretary
of State may | 14 | | require an examination of the applicant. A licensee
whose | 15 | | driver's license expires on his 21st birthday, or 3 months | 16 | | after
his 21st birthday, may not apply for a renewal of his | 17 | | driving privileges
until he reaches the age of 21.
| 18 | | (c) The Secretary of State shall, 30 days prior to the | 19 | | expiration of a
driver's license, forward to each person whose | 20 | | license
is to expire a
notification of the expiration of said | 21 | | license which may
be presented at the time of renewal of said | 22 | | license.
| 23 | | There may be included with such notification information | 24 | | explaining
the anatomical gift and Emergency Medical | 25 | | Information Card provisions of
Section 6-110. The format and | 26 | | text of such information
shall be prescribed by the Secretary.
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| 1 | | There shall be included with such notification,
for a | 2 | | period of 4 years beginning January 1, 2000 information | 3 | | regarding the
Illinois Adoption Registry and Medical | 4 | | Information Exchange established in
Section 18.1 of the | 5 | | Adoption Act.
| 6 | | (d) The Secretary may defer the expiration of the driver's | 7 | | license
of a licensee, spouse, and dependent children who are | 8 | | living with such licensee
while on active duty, serving in the | 9 | | Armed Forces of the United
States outside of the State of | 10 | | Illinois, and 120 days thereafter, upon such
terms and | 11 | | conditions as the Secretary may prescribe.
| 12 | | (d-5) The Secretary may defer the expiration of the | 13 | | driver's license of a licensee, or of a spouse or dependent | 14 | | children living with the licensee, serving as a civilian | 15 | | employee of the United States Armed Forces or the United | 16 | | States Department of Defense, outside of the State of | 17 | | Illinois, and 120 days thereafter, upon such terms and | 18 | | conditions as the Secretary may prescribe. | 19 | | (e) The Secretary of State may decline to process a | 20 | | renewal of a driver's
license
of any person who has not paid | 21 | | any fee or tax due under this Code and is not
paid upon | 22 | | reasonable notice and demand.
| 23 | | (f) The Secretary shall provide that each original or | 24 | | renewal driver's
license issued to a licensee under 21 years | 25 | | of age shall expire 3 months
after the licensee's 21st | 26 | | birthday. Persons whose current driver's licenses
expire on |
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| 1 | | their 21st birthday on or after January 1, 1986 shall not renew | 2 | | their
driver's license before their 21st birthday, and their | 3 | | current driver's
license will be extended for an additional | 4 | | term of 3 months beyond their
21st birthday. Thereafter, the | 5 | | expiration and term of the driver's license
shall be governed | 6 | | by subsection (a) hereof.
| 7 | | (g) The Secretary shall provide that each original or | 8 | | renewal driver's
license issued to a licensee 81 years of age | 9 | | through age 86 shall expire 2
years from the date of issuance, | 10 | | or at such later date as the Secretary may
by rule and | 11 | | regulation designate, not to exceed an additional 12 calendar
| 12 | | months. The
Secretary shall also provide that each original or | 13 | | renewal driver's license
issued to a licensee 87 years of age | 14 | | or older shall expire 12 months from
the date of issuance, or | 15 | | at such later date as the Secretary may by rule
and regulation | 16 | | designate, not to exceed an additional 12 calendar months.
| 17 | | (h) The Secretary of State shall provide that each special
| 18 | | restricted driver's license issued under subsection (g) of | 19 | | Section
6-113 of this Code shall expire 12 months from the date | 20 | | of
issuance. The Secretary shall adopt rules defining renewal
| 21 | | requirements.
| 22 | | (i) The Secretary of State shall provide that each | 23 | | driver's license issued to a person convicted of a sex offense | 24 | | as defined in Section 2 of the Sex Offender Registration Act | 25 | | shall expire 12 months from the date of issuance or at such | 26 | | date as the Secretary may by rule designate, not to exceed an |
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| 1 | | additional 12 calendar months. The Secretary may adopt rules | 2 | | defining renewal requirements.
| 3 | | (Source: P.A. 101-185, eff. 1-1-20; 102-659, eff. 1-1-22 .)
| 4 | | (625 ILCS 5/6-118)
| 5 | | Sec. 6-118. Fees. | 6 | | (a) The fees for licenses and permits under this
Article | 7 | | are as follows: | 8 | | Original 4-year driver's license ..................... $30 | 9 | | Original 8-year driver's license issued under | 10 | | subsection (a-3) of Section 6-115 ..................60 | 11 | | Original or renewal driver's license | 12 | | issued to 18, 19 and 20 year olds .................. 5 | 13 | | All driver's licenses for persons | 14 | | age 69 through age 80 .............................. 5 | 15 | | All driver's licenses for persons | 16 | | age 81 through age 86 .............................. 2 | 17 | | All driver's licenses for persons | 18 | | age 87 or older .....................................0 | 19 | | Renewal 4-year driver's license (except for | 20 | | applicants ages 18, 19 and 20 or | 21 | | age 69 and older) ................................. 30 | 22 | | Renewal 8-year driver's license issued under | 23 | | subsection (a-3) of Section 6-115 (except for | 24 | | applicants ages 18, 19 and 20 or | 25 | | age 69 and older) ..................................60 |
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| 1 | | Original instruction permit issued to | 2 | | persons (except those age 69 and older) | 3 | | who do not hold or have not previously | 4 | | held an Illinois instruction permit or | 5 | | driver's license .................................. 20 | 6 | | Instruction permit issued to any person | 7 | | holding an Illinois driver's license | 8 | | who wishes a change in classifications, | 9 | | other than at the time of renewal .................. 5 | 10 | | Any instruction permit issued to a person | 11 | | age 69 and older ................................... 5 | 12 | | Instruction permit issued to any person, | 13 | | under age 69, not currently holding a | 14 | | valid Illinois driver's license or | 15 | | instruction permit but who has | 16 | | previously been issued either document | 17 | | in Illinois ....................................... 10 | 18 | | Restricted driving permit .............................. 8 | 19 | | Monitoring device driving permit ...................... 8 | 20 | | Duplicate or corrected driver's license | 21 | | or permit .......................................... 5 | 22 | | Duplicate or corrected restricted | 23 | | driving permit ..................................... 5 | 24 | | Duplicate or corrected monitoring | 25 | | device driving permit .................................. 5 | 26 | | Duplicate driver's license or permit issued to |
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| 1 | | an active-duty member of the | 2 | | United States Armed Forces, | 3 | | the member's spouse, or | 4 | | the dependent children living | 5 | | with the member ................................... 0 | 6 | | Original or renewal M or L endorsement ................. 5 | 7 | | SPECIAL FEES FOR COMMERCIAL DRIVER'S LICENSE | 8 | | The fees for commercial driver licenses and permits | 9 | | under Article V
shall be as follows: | 10 | | Commercial driver's license: | 11 | | $6 for the CDLIS/AAMVAnet/NMVTIS Trust Fund | 12 | | (Commercial Driver's License Information | 13 | | System/American Association of Motor Vehicle | 14 | | Administrators network/National Motor Vehicle | 15 | | Title Information Service Trust Fund); | 16 | | $20 for the Motor Carrier Safety Inspection Fund; | 17 | | $10 for the driver's license; | 18 | | and $24 for the CDL: ............................. $60 | 19 | | Renewal commercial driver's license: | 20 | | $6 for the CDLIS/AAMVAnet/NMVTIS Trust Fund; | 21 | | $20 for the Motor Carrier Safety Inspection Fund; | 22 | | $10 for the driver's license; and | 23 | | $24 for the CDL: ................................. $60 | 24 | | Commercial learner's permit | 25 | | issued to any person holding a valid | 26 | | Illinois driver's license for the |
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| 1 | | purpose of changing to a | 2 | | CDL classification: $6 for the | 3 | | CDLIS/AAMVAnet/NMVTIS Trust Fund; | 4 | | $20 for the Motor Carrier | 5 | | Safety Inspection Fund; and | 6 | | $24 for the CDL classification ................... $50 | 7 | | Commercial learner's permit | 8 | | issued to any person holding a valid | 9 | | Illinois CDL for the purpose of | 10 | | making a change in a classification, | 11 | | endorsement or restriction ........................ $5 | 12 | | CDL duplicate or corrected license .................... $5 | 13 | | In order to ensure the proper implementation of the | 14 | | Uniform Commercial
Driver License Act, Article V of this | 15 | | Chapter, the Secretary of State is
empowered to prorate the | 16 | | $24 fee for the commercial driver's license
proportionate to | 17 | | the expiration date of the applicant's Illinois driver's
| 18 | | license. | 19 | | The fee for any duplicate license or permit shall be | 20 | | waived for any
person who presents the Secretary of State's | 21 | | office with a
police report showing that his license or permit | 22 | | was stolen. | 23 | | The fee for any duplicate license or permit shall be | 24 | | waived for any
person age 60 or older whose driver's license or | 25 | | permit has been lost or stolen. | 26 | | No additional fee shall be charged for a driver's license, |
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| 1 | | or for a
commercial driver's license, when issued
to the | 2 | | holder of an instruction permit for the same classification or
| 3 | | type of license who becomes eligible for such
license. | 4 | | The fee for a restricted driving permit under this | 5 | | subsection (a) shall be imposed annually until the expiration | 6 | | of the permit. | 7 | | (a-5) The fee for a driver's record or data contained | 8 | | therein is $12. | 9 | | (b) Any person whose license or privilege to operate a | 10 | | motor vehicle
in this State has been suspended or revoked | 11 | | under Section 3-707, any
provision of
Chapter 6, Chapter 11, | 12 | | or Section 7-205, 7-303, or 7-702 of the Family
Financial
| 13 | | Responsibility Law of this Code, shall in addition to any | 14 | | other
fees required by this Code, pay a reinstatement fee as | 15 | | follows: | 16 | | Suspension under Section 3-707 .....................
$100
| 17 | | Suspension under Section 11-1431 ....................$100 | 18 | | Summary suspension under Section 11-501.1 ...........$250
| 19 | | Suspension under Section 11-501.9 ...................$250 | 20 | | Summary revocation under Section 11-501.1 ............$500 | 21 | | Other suspension ......................................$70 | 22 | | Revocation ...........................................$500 | 23 | | However, any person whose license or privilege to operate | 24 | | a motor vehicle
in this State has been suspended or revoked for | 25 | | a second or subsequent time
for a violation of Section 11-501, | 26 | | 11-501.1, or 11-501.9
of this Code or a similar provision of a |
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| 1 | | local ordinance
or a similar out-of-state offense
or Section | 2 | | 9-3 of the Criminal Code of 1961 or the Criminal Code of 2012
| 3 | | and each suspension or revocation was for a violation of | 4 | | Section 11-501,
11-501.1, or 11-501.9 of this Code or a | 5 | | similar provision of a local ordinance
or a similar | 6 | | out-of-state offense
or Section
9-3 of the Criminal Code of | 7 | | 1961 or the Criminal Code of 2012
shall pay, in addition to any | 8 | | other
fees required by this Code, a
reinstatement
fee as | 9 | | follows: | 10 | | Summary suspension under Section 11-501.1 ............$500 | 11 | | Suspension under Section 11-501.9 ...................$500 | 12 | | Summary revocation under Section 11-501.1 ............$500 | 13 | | Revocation ...........................................$500 | 14 | | (c) All fees collected under the provisions of this | 15 | | Chapter 6 shall be disbursed under subsection (g) of Section | 16 | | 2-119 of this Code,
except as follows: | 17 | | 1. The following amounts shall be paid into the | 18 | | Drivers Education Fund: | 19 | | (A) $16 of the $20
fee for an original driver's | 20 | | instruction permit; | 21 | | (B) one-sixth $5 of the $30 fee for an original | 22 | | driver's license; | 23 | | (C) one-sixth $5 of the $30 fee for a 4 year | 24 | | renewal driver's license;
| 25 | | (D) $4 of the $8 fee for a restricted driving | 26 | | permit; and |
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| 1 | | (E) $4 of the $8 fee for a monitoring device | 2 | | driving permit. | 3 | | 2. $30 of the $250 fee for reinstatement of a
license
| 4 | | summarily suspended under Section 11-501.1 or suspended | 5 | | under Section 11-501.9 shall be deposited into the
Drunk | 6 | | and Drugged Driving Prevention Fund.
However, for a person | 7 | | whose license or privilege to operate a motor vehicle
in | 8 | | this State has been suspended or revoked for a second or | 9 | | subsequent time for
a violation of Section 11-501, | 10 | | 11-501.1, or 11-501.9 of this Code or Section 9-3 of the
| 11 | | Criminal Code of 1961 or the Criminal Code of 2012,
$190 of | 12 | | the $500 fee for reinstatement of a license summarily
| 13 | | suspended under
Section 11-501.1 or suspended under | 14 | | Section 11-501.9,
and $190 of the $500 fee for | 15 | | reinstatement of a revoked license
shall be deposited into | 16 | | the Drunk and Drugged Driving Prevention Fund. $190 of the | 17 | | $500 fee for reinstatement of a license summarily revoked | 18 | | pursuant to Section 11-501.1 shall be deposited into the | 19 | | Drunk and Drugged Driving Prevention Fund. | 20 | | 3. $6 of the original or renewal fee for a commercial | 21 | | driver's
license and $6 of the commercial learner's permit | 22 | | fee when the
permit is issued to any person holding a valid | 23 | | Illinois driver's license,
shall be paid into the | 24 | | CDLIS/AAMVAnet/NMVTIS Trust Fund. | 25 | | 4. $30 of the $70 fee for reinstatement of a license | 26 | | suspended
under the
Family
Financial Responsibility Law |
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| 1 | | shall be paid into the Family Responsibility
Fund. | 2 | | 5. The $5 fee for each original or renewal M or L | 3 | | endorsement shall be
deposited into the Cycle Rider Safety | 4 | | Training Fund. | 5 | | 6. $20 of any original or renewal fee for a commercial | 6 | | driver's
license or commercial learner's permit shall be | 7 | | paid into the Motor
Carrier Safety Inspection Fund. | 8 | | 7. The following amounts shall be paid into the | 9 | | General Revenue Fund: | 10 | | (A) $190 of the $250 reinstatement fee for a | 11 | | summary suspension under
Section 11-501.1 or a | 12 | | suspension under Section 11-501.9; | 13 | | (B) $40 of the $70 reinstatement fee for any other | 14 | | suspension provided
in subsection (b) of this Section; | 15 | | and | 16 | | (C) $440 of the $500 reinstatement fee for a first | 17 | | offense revocation
and $310 of the $500 reinstatement | 18 | | fee for a second or subsequent revocation. | 19 | | 8. Fees collected under paragraph (4) of subsection | 20 | | (d) and subsection (h) of Section 6-205 of this Code; | 21 | | subparagraph (C) of paragraph 3 of subsection (c) of | 22 | | Section 6-206 of this Code; and paragraph (4) of | 23 | | subsection (a) of Section 6-206.1 of this Code, shall be | 24 | | paid into the funds set forth in those Sections. | 25 | | (d) All of the proceeds of the additional fees imposed by | 26 | | this amendatory Act of the 96th General Assembly shall be |
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| 1 | | deposited into the Capital Projects Fund. | 2 | | (e) The additional fees imposed by this amendatory Act of | 3 | | the 96th General Assembly shall become effective 90 days after | 4 | | becoming law. | 5 | | (f) As used in this Section, "active-duty member of the | 6 | | United States Armed Forces" means a member of the Armed | 7 | | Services or Reserve Forces of the United States or a member of | 8 | | the Illinois National Guard who is called to active duty | 9 | | pursuant to an executive order of the President of the United | 10 | | States, an act of the Congress of the United States, or an | 11 | | order of the Governor. | 12 | | (Source: P.A. 100-590, eff. 6-8-18; 100-803, eff. 1-1-19; | 13 | | 101-81, eff. 7-12-19.)".
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