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 $20 fee 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.".