093_SB0067sam002 LRB093 02105 DRH 19614 a 1 AMENDMENT TO SENATE BILL 67 2 AMENDMENT NO. . Amend Senate Bill 67, AS AMENDED, by 3 replacing everything after the enacting clause with the 4 following: 5 "Section 5. The State Finance Act is amended by adding 6 Section 5.595 as follows: 7 (30 ILCS 105/5.595 new) 8 Sec. 5.595. The Secretary of State Immigrant License 9 Fund. 10 Section 10. The Illinois Vehicle Code is amended by 11 changing Sections 2-119, 6-106, and 6-118 as follows: 12 (625 ILCS 5/2-119) (from Ch. 95 1/2, par. 2-119) 13 Sec. 2-119. Disposition of fees and taxes. 14 (a) All moneys received from Salvage Certificates shall 15 be deposited in the Common School Fund in the State Treasury. 16 (b) Beginning January 1, 1990 and concluding December 17 31, 1994, of the money collected for each certificate of 18 title, duplicate certificate of title and corrected 19 certificate of title, $0.50 shall be deposited into the Used 20 Tire Management Fund. Beginning January 1, 1990 and -2- LRB093 02105 DRH 19614 a 1 concluding December 31, 1994, of the money collected for each 2 certificate of title, duplicate certificate of title and 3 corrected certificate of title, $1.50 shall be deposited in 4 the Park and Conservation Fund. 5 Beginning January 1, 1995, of the money collected for 6 each certificate of title, duplicate certificate of title and 7 corrected certificate of title, $2 shall be deposited in the 8 Park and Conservation Fund. The moneys deposited in the Park 9 and Conservation Fund pursuant to this Section shall be used 10 for the acquisition and development of bike paths as provided 11 for in Section 805-420 of the Department of Natural Resources 12 (Conservation) Law (20 ILCS 805/805-420). 13 Beginning January 1, 2000, of the moneys collected for 14 each certificate of title, duplicate certificate of title, 15 and corrected certificate of title, $48 shall be deposited 16 into the Road Fund and $4 shall be deposited into the Motor 17 Vehicle License Plate Fund, except that if the balance in the 18 Motor Vehicle License Plate Fund exceeds $40,000,000 on the 19 last day of a calendar month, then during the next calendar 20 month the $4 shall instead be deposited into the Road Fund. 21 Except as otherwise provided in this Code, all remaining 22 moneys collected for certificates of title, and all moneys 23 collected for filing of security interests, shall be placed 24 in the General Revenue Fund in the State Treasury. 25 (c) All moneys collected for that portion of a driver's 26 license fee designated for driver education under Section 27 6-118 shall be placed in the Driver Education Fund in the 28 State Treasury. 29 (d) Beginning January 1, 1999, of the monies collected 30 as a registration fee for each motorcycle, motor driven cycle 31 and motorized pedalcycle, 27% of each annual registration fee 32 for such vehicle and 27% of each semiannual registration fee 33 for such vehicle is deposited in the Cycle Rider Safety 34 Training Fund. -3- LRB093 02105 DRH 19614 a 1 (e) Of the monies received by the Secretary of State as 2 registration fees or taxes or as payment of any other fee, as 3 provided in this Act, except fees received by the Secretary 4 under paragraph (7) of subsection (b) of Section 5-101 and 5 Section 5-109 of this Code, 37% shall be deposited into the 6 State Construction Fund. 7 (f) Of the total money collected for a CDL instruction 8 permit or original or renewal issuance of a commercial 9 driver's license (CDL) pursuant to the Uniform Commercial 10 Driver's License Act (UCDLA): (i) $6 of the total fee for an 11 original or renewal CDL, and $6 of the total CDL instruction 12 permit fee when such permit is issued to any person holding a 13 valid Illinois driver's license, shall be paid into the 14 CDLIS/AAMVAnet Trust Fund (Commercial Driver's License 15 Information System/American Association of Motor Vehicle 16 Administrators network Trust Fund) and shall be used for the 17 purposes provided in Section 6z-23 of the State Finance Act 18 and (ii) $20 of the total fee for an original or renewal CDL 19 or commercial driver instruction permit shall be paid into 20 the Motor Carrier Safety Inspection Fund, which is hereby 21 created as a special fund in the State Treasury, to be used 22 by the Department of State Police, subject to appropriation, 23 to hire additional officers to conduct motor carrier safety 24 inspections pursuant to Chapter 18b of this Code. 25 (g) All remaining moneys received by the Secretary of 26 State as registration fees or taxes or as payment of any 27 other fee, as provided in this Act, except fees received by 28 the Secretary under paragraph (7)(A) of subsection (b) of 29 Section 5-101 and Section 5-109 of this Code, shall be 30 deposited in the Road Fund in the State Treasury. Moneys in 31 the Road Fund shall be used for the purposes provided in 32 Section 8.3 of the State Finance Act. 33 (h) (Blank). 34 (i) (Blank). -4- LRB093 02105 DRH 19614 a 1 (j) (Blank). 2 (k) There is created in the State Treasury a special 3 fund to be known as the Secretary of State Special License 4 Plate Fund. Money deposited into the Fund shall, subject to 5 appropriation, be used by the Office of the Secretary of 6 State (i) to help defray plate manufacturing and plate 7 processing costs for the issuance and, when applicable, 8 renewal of any new or existing registration plates authorized 9 under this Code and (ii) for grants made by the Secretary of 10 State to benefit Illinois Veterans Home libraries. 11 On or before October 1, 1995, the Secretary of State 12 shall direct the State Comptroller and State Treasurer to 13 transfer any unexpended balance in the Special Environmental 14 License Plate Fund, the Special Korean War Veteran License 15 Plate Fund, and the Retired Congressional License Plate Fund 16 to the Secretary of State Special License Plate Fund. 17 (l) The Motor Vehicle Review Board Fund is created as a 18 special fund in the State Treasury. Moneys deposited into 19 the Fund under paragraph (7) of subsection (b) of Section 20 5-101 and Section 5-109 shall, subject to appropriation, be 21 used by the Office of the Secretary of State to administer 22 the Motor Vehicle Review Board, including without limitation 23 payment of compensation and all necessary expenses incurred 24 in administering the Motor Vehicle Review Board under the 25 Motor Vehicle Franchise Act. 26 (m) Effective July 1, 1996, there is created in the 27 State Treasury a special fund to be known as the Family 28 Responsibility Fund. Moneys deposited into the Fund shall, 29 subject to appropriation, be used by the Office of the 30 Secretary of State for the purpose of enforcing the Family 31 Financial Responsibility Law. 32 (n) The Illinois Fire Fighters' Memorial Fund is created 33 as a special fund in the State Treasury. Moneys deposited 34 into the Fund shall, subject to appropriation, be used by the -5- LRB093 02105 DRH 19614 a 1 Office of the State Fire Marshal for construction of the 2 Illinois Fire Fighters' Memorial to be located at the State 3 Capitol grounds in Springfield, Illinois. Upon the 4 completion of the Memorial, moneys in the Fund shall be used 5 in accordance with Section 3-634. 6 (o) Of the money collected for each certificate of title 7 for all-terrain vehicles and off-highway motorcycles, $17 8 shall be deposited into the Off-Highway Vehicle Trails Fund. 9 (p) For audits conducted on or after July 1, 2003 10 pursuant to Section 2-124(d) of this Code, 50% of the money 11 collected as audit fees shall be deposited into the General 12 Revenue Fund. 13 (q) The Secretary of State Immigrant License Fund is 14 created as a special fund in the State treasury. Moneys 15 deposited into the fund shall, subject to appropriation, be 16 used by the Secretary of State to pay for the increase in the 17 costs associated with additional immigrant applicants for 18 drivers licenses and costs associated with specialized 19 verification procedures regarding those applicants. 20 (Source: P.A. 92-16, eff. 6-28-01; 93-32, eff. 7-1-03.) 21 (625 ILCS 5/6-106) (from Ch. 95 1/2, par. 6-106) 22 Sec. 6-106. Application for license or instruction 23 permit. 24 (a) Every application for any permit or license 25 authorized to be issued under this Act shall be made upon a 26 form furnished by the Secretary of State. Every application 27 shall be accompanied by the proper fee and payment of such 28 fee shall entitle the applicant to not more than 3 attempts 29 to pass the examination within a period of 1 year after the 30 date of application. 31 (b) Every application shall state the name, social 32 security number, zip code, date of birth, sex, and residence 33 address of the applicant; briefly describe the applicant; -6- LRB093 02105 DRH 19614 a 1 state whether the applicant has theretofore been licensed as 2 a driver, and, if so, when and by what state or country, and 3 whether any such license has ever been cancelled, suspended, 4 revoked or refused, and, if so, the date and reason for such 5 cancellation, suspension, revocation or refusal; shall 6 include an affirmation by the applicant that all information 7 set forth is true and correct; and shall bear the applicant's 8 signature. The application form may also require the 9 statement of such additional relevant information as the 10 Secretary of State shall deem necessary to determine the 11 applicant's competency and eligibility. 12 The Secretary of State may in his discretion substitute a 13 federal tax number in lieu of a social security number, or he 14 may instead assign an additional distinctive number in lieu 15 thereof, where an applicant is prohibited by bona fide 16 religious convictions from applying or is exempt from 17 applying for a social security number. The Secretary of State 18 shall, however, determine which religious orders or sects 19 have such bona fide religious convictions. The Secretary of 20 State shall issue a drivers license to an applicant who is an 21 immigrant and ineligible for a social security number if the 22 applicant has (i) provided the Secretary with an individual 23 tax identification number; (ii) filed with the Secretary, at 24 the time of application, an affidavit stating that the 25 applicant is an immigrant and not eligible for a social 26 security number and that the applicant will file an 27 application to become a permanent resident of the United 28 States at the earliest opportunity the applicant is eligible 29 to do so; (iii) provided a current foreign passport and a 30 foreign birth certificate; and (iv) surrendered all illegally 31 obtained forms of drivers licenses or State identification 32 cards issued to the applicant by the Secretary. 33 Relinquishment of State issued identification shall be 34 handled by the Secretary at his or her discretion. The -7- LRB093 02105 DRH 19614 a 1 Secretary may also require any combination of additional 2 documents, as set forth by administrative rule, as sufficient 3 proof of residency or identification. The foreign passport 4 and foreign birth certificate and any additional documents 5 required may be accepted only if: (i) the passport and birth 6 certificate and any additional documents are difficult to 7 duplicate and (ii) the passport and birth certificate and any 8 additional documents are verifiable with the issuing agency. 9 This amendatory Act of the 93rd General Assembly does not 10 affect the issuance of any commercial driver's license or 11 school bus driver's permit under the Illinois Vehicle Code or 12 any State identification card under the Illinois 13 Identification Card Act. 14 The Secretary of State may, in his discretion, by rule or 15 regulation, provide that an application for a drivers license 16 or permit may include a suitable photograph of the applicant 17 in the form prescribed by the Secretary, and he may further 18 provide that each drivers license shall include a photograph 19 of the driver. The Secretary of State may utilize a 20 photograph process or system most suitable to deter 21 alteration or improper reproduction of a drivers license and 22 to prevent substitution of another photo thereon. 23 (c) The application form shall include a notice to the 24 applicant of the registration obligations of sex offenders 25 under the Sex Offender Registration Act. The notice shall be 26 provided in a form and manner prescribed by the Secretary of 27 State. For purposes of this subsection (c), "sex offender" 28 has the meaning ascribed to it in Section 2 of the Sex 29 Offender Registration Act. 30 (d) Any male United States citizen or immigrant who 31 applies for any permit or license authorized to be issued 32 under this Act or for a renewal of any permit or license, and 33 who is at least 18 years of age but less than 26 years of 34 age, must be registered in compliance with the requirements -8- LRB093 02105 DRH 19614 a 1 of the federal Military Selective Service Act. The Secretary 2 of State must forward in an electronic format the necessary 3 personal information regarding the applicants identified in 4 this subsection (d) to the Selective Service System. The 5 applicant's signature on the application serves as an 6 indication that the applicant either has already registered 7 with the Selective Service System or that he is authorizing 8 the Secretary to forward to the Selective Service System the 9 necessary information for registration. The Secretary must 10 notify the applicant at the time of application that his 11 signature constitutes consent to registration with the 12 Selective Service System, if he is not already registered. 13 (Source: P.A. 92-117, eff. 1-1-02.) 14 (625 ILCS 5/6-118) (from Ch. 95 1/2, par. 6-118) 15 Sec. 6-118. Fees. 16 (a) The fee for licenses and permits under this Article 17 is as follows: 18 Original driver's license 19 issued to a person who has provided 20 the Secretary with his or her social 21 security number or a person who has 22 not provided a social security number 23 for religious reasons or because he or 24 she is exempt from applying for a 25 social security number...........................$10 26 Original drivers license issued 27 to a person who has not provided 28 the Secretary with a social security 29 number because the person is an immigrant 30 and is not eligible to receive a 31 social security number............................60 32 Original or renewal driver's license 33 issued to 18, 19 and 20 year olds..................5 -9- LRB093 02105 DRH 19614 a 1 All driver's licenses for persons 2 age 69 through age 80..............................5 3 All driver's licenses for persons 4 age 81 through age 86..............................2 5 All driver's licenses for persons 6 age 87 or older....................................0 7 Renewal driver's license (except for 8 applicants ages 18, 19 and 20 or 9 age 69 and older).................................10 10 Original instruction permit issued to 11 persons (except those age 69 and older) 12 who do not hold or have not previously 13 held an Illinois instruction permit or 14 driver's license..................................20 15 Instruction permit issued to any person 16 holding an Illinois driver's license 17 who wishes a change in classifications, 18 other than at the time of renewal..................5 19 Any instruction permit issued to a person 20 age 69 and older...................................5 21 Instruction permit issued to any person, 22 under age 69, not currently holding a 23 valid Illinois driver's license or 24 instruction permit but who has 25 previously been issued either document 26 in Illinois.......................................10 27 Restricted driving permit...............................8 28 Duplicate or corrected driver's license 29 or permit..........................................5 30 Duplicate or corrected restricted 31 driving permit.....................................5 32 Original or renewal M or L endorsement..................5 33 SPECIAL FEES FOR COMMERCIAL DRIVER'S LICENSE 34 The fees for commercial driver licenses and permits -10- LRB093 02105 DRH 19614 a 1 under Article V shall be as follows: 2 Commercial driver's license: 3 $6 for the CDLIS/AAMVAnet Fund 4 (Commercial Driver's License Information 5 System/American Association of Motor Vehicle 6 Administrators network Trust Fund); 7 $20 for the Motor Carrier Safety Inspection Fund; 8 $10 for the driver's license; 9 and $24 for the CDL:.............................$60 10 Renewal commercial driver's license: 11 $6 for the CDLIS/AAMVAnet Trust Fund; 12 $20 for the Motor Carrier Safety Inspection Fund; 13 $10 for the driver's license; and 14 $24 for the CDL:.................................$60 15 Commercial driver instruction permit 16 issued to any person holding a valid 17 Illinois driver's license for the 18 purpose of changing to a 19 CDL classification: $6 for the 20 CDLIS/AAMVAnet Trust Fund; 21 $20 for the Motor Carrier 22 Safety Inspection Fund; and 23 $24 for the CDL classification...................$50 24 Commercial driver instruction permit 25 issued to any person holding a valid 26 Illinois CDL for the purpose of 27 making a change in a classification, 28 endorsement or restriction........................$5 29 CDL duplicate or corrected license.....................$5 30 In order to ensure the proper implementation of the 31 Uniform Commercial Driver License Act, Article V of this 32 Chapter, the Secretary of State is empowered to pro-rate the 33 $24 fee for the commercial driver's license proportionate to 34 the expiration date of the applicant's Illinois driver's -11- LRB093 02105 DRH 19614 a 1 license. 2 The fee for any duplicate license or permit shall be 3 waived for any person age 60 or older who presents the 4 Secretary of State's office with a police report showing that 5 his license or permit was stolen. 6 No additional fee shall be charged for a driver's 7 license, or for a commercial driver's license, when issued to 8 the holder of an instruction permit for the same 9 classification or type of license who becomes eligible for 10 such license. 11 (b) Any person whose license or privilege to operate a 12 motor vehicle in this State has been suspended or revoked 13 under any provision of Chapter 6, Chapter 11, or Section 14 7-205, 7-303, or 7-702 of the Family Financial Responsibility 15 Law of this Code, shall in addition to any other fees 16 required by this Code, pay a reinstatement fee as follows: 17 Summary suspension under Section 11-501.1............$250 18 Other suspension......................................$70 19 Revocation...........................................$500 20 However, any person whose license or privilege to operate 21 a motor vehicle in this State has been suspended or revoked 22 for a second or subsequent time for a violation of Section 23 11-501 or 11-501.1 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 and each suspension or 26 revocation was for a violation of Section 11-501 or 11-501.1 27 of this Code or a similar provision of a local ordinance or a 28 similar out-of-state offense or Section 9-3 of the Criminal 29 Code of 1961 shall pay, in addition to any other fees 30 required by this Code, a reinstatement fee as follows: 31 Summary suspension under Section 11-501.1............$500 32 Revocation...........................................$500 33 (c) All fees collected under the provisions of this 34 Chapter 6 shall be paid into the Road Fund in the State -12- LRB093 02105 DRH 19614 a 1 Treasury except as follows: 2 1. The following amounts shall be paid into the 3 Driver Education Fund: 4 (A) $16 of the $20 fee for an original 5 driver's instruction permit; 6 (B) $5 of the$20fee for an original driver's 7 license; 8 (C) $5 of the $20 fee for a 4 year renewal 9 driver's license; and 10 (D) $4 of the $8 fee for a restricted driving 11 permit. 12 2. $30 of the $250 fee for reinstatement of a 13 license summarily suspended under Section 11-501.1 shall 14 be deposited into the Drunk and Drugged Driving 15 Prevention Fund. However, for a person whose license or 16 privilege to operate a motor vehicle in this State has 17 been suspended or revoked for a second or subsequent time 18 for a violation of Section 11-501 or 11-501.1 of this 19 Code or Section 9-3 of the Criminal Code of 1961, $190 of 20 the $500 fee for reinstatement of a license summarily 21 suspended under Section 11-501.1, and $190 of the $500 22 fee for reinstatement of a revoked license shall be 23 deposited into the Drunk and Drugged Driving Prevention 24 Fund. 25 3. $6 of such original or renewal fee for a 26 commercial driver's license and $6 of the commercial 27 driver instruction permit fee when such permit is issued 28 to any person holding a valid Illinois driver's license, 29 shall be paid into the CDLIS/AAMVAnet Trust Fund. 30 4. $30 of the $70 fee for reinstatement of a 31 license suspended under the Family Financial 32 Responsibility Law shall be paid into the Family 33 Responsibility Fund. 34 5. The $5 fee for each original or renewal M or L -13- LRB093 02105 DRH 19614 a 1 endorsement shall be deposited into the Cycle Rider 2 Safety Training Fund. 3 6. $20 of any original or renewal fee for a 4 commercial driver's license or commercial driver 5 instruction permit shall be paid into the Motor Carrier 6 Safety Inspection Fund. 7 7. The following amounts shall be paid into the 8 General Revenue Fund: 9 (A) $190 of the $250 reinstatement fee for a 10 summary suspension under Section 11-501.1; 11 (B) $40 of the $70 reinstatement fee for any 12 other suspension provided in subsection (b) of this 13 Section; and 14 (C) $440 of the $500 reinstatement fee for a 15 first offense revocation and $310 of the $500 16 reinstatement fee for a second or subsequent 17 revocation. 18 8. $50 of any original fee for a driver's license 19 issued to an immigrant ineligible to receive a social 20 security number shall be deposited into the Secretary of 21 State Immigrant License Fund. 22 (Source: P.A. 92-458, eff. 8-22-01; 93-32, eff. 1-1-04.) 23 Section 99. Effective date. This Act takes effect July 24 1, 2004.".