Text of the Bill
93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
HB4003
Introduced 1/12/2004, by Edward J. Acevedo
SYNOPSIS AS INTRODUCED:
30 ILCS 105/5.620 new
625 ILCS 5/2-119 from Ch. 95 1/2, par. 2-119
625 ILCS 5/6-106 from Ch. 95 1/2, par. 6-106
625 ILCS 5/6-107.4 new
625 ILCS 5/6-107.5 new
625 ILCS 5/6-118 from Ch. 95 1/2, par. 6-118
Amends the Illinois Vehicle Code and the State Finance Act. Provides that the Secretary of State shall issue a driver's license to an applicant who is an immigrant and ineligible for a social security number if the applicant has met specified requirements. Provides that the applicant must pay a higher fee for original issuance of a drivers license. Creates the Secretary of State Immigrant License Fund as a special fund in the State treasury. Provides that $50 of the applicant's fee for original issuance of a driver's license shall be deposited into the fund. Provides that the Secretary of State shall, subject to appropriation, use the moneys deposited into the fund to pay for the additional costs of processing the applications of these applicants. Provides that the provision does not affect the issuance of commercial driver's licenses or school bus driver permits under the Vehicle Code or of State identification cards under the Illinois Identification Card Act. Provides that the Secretary of State shall provide that there shall be a clear and distinct visual difference between driver's licenses issued to individuals without social security numbers and driver's licenses issued to individuals with social security numbers. Provides that the Secretary of State shall, in conjunction with the Illinois State Police, establish administrative procedures for determining and identifying ineligible Firearm Owner's Identification Card applicants through information provided to the Secretary of State, through the driver's license application process, to ensure compliance with the Firearm Owners Identification Card Act. Makes other changes. Effective July 1, 2005.
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FISCAL NOTE ACT MAY APPLY
A BILL FOR
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1 AN ACT concerning vehicles.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The State Finance Act is amended by adding
5 Section 5.620 as follows:
6 (30 ILCS 105/5.620 new)
7 Sec. 5.620. The Secretary of State Immigrant License Fund.
8 Section 10. The Illinois Vehicle Code is amended by
9 changing Sections 2-119, 6-106, and 6-118 and adding Sections
10 6-107.4 and 6-107.5 as follows:
11 (625 ILCS 5/2-119) (from Ch. 95 1/2, par. 2-119)
12 Sec. 2-119. Disposition of fees and taxes.
13 (a) All moneys received from Salvage Certificates shall be
14 deposited in the Common School Fund in the State Treasury.
15 (b) Beginning January 1, 1990 and concluding December 31,
16 1994, of the money collected for each certificate of title,
17 duplicate certificate of title and corrected certificate of
18 title, $0.50 shall be deposited into the Used Tire Management
19 Fund. Beginning January 1, 1990 and concluding December 31,
20 1994, of the money collected for each certificate of title,
21 duplicate certificate of title and corrected certificate of
22 title, $1.50 shall be deposited in the Park and Conservation
23 Fund.
24 Beginning January 1, 1995, of the money collected for each
25 certificate of title, duplicate certificate of title and
26 corrected certificate of title, $2 shall be deposited in the
27 Park and Conservation Fund. The moneys deposited in the Park
28 and Conservation Fund pursuant to this Section shall be used
29 for the acquisition and development of bike paths as provided
30 for in Section 805-420 of the Department of Natural Resources
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1 (Conservation) Law (20 ILCS 805/805-420).
2 Beginning January 1, 2000, of the moneys collected for each
3 certificate of title, duplicate certificate of title, and
4 corrected certificate of title, $48 shall be deposited into the
5 Road Fund and $4 shall be deposited into the Motor Vehicle
6 License Plate Fund, except that if the balance in the Motor
7 Vehicle License Plate Fund exceeds $40,000,000 on the last day
8 of a calendar month, then during the next calendar month the $4
9 shall instead be deposited into the Road Fund.
10 Except as otherwise provided in this Code, all remaining
11 moneys collected for certificates of title, and all moneys
12 collected for filing of security interests, shall be placed in
13 the General Revenue Fund in the State Treasury.
14 (c) All moneys collected for that portion of a driver's
15 license fee designated for driver education under Section 6-118
16 shall be placed in the Driver Education Fund in the State
17 Treasury.
18 (d) Beginning January 1, 1999, of the monies collected as a
19 registration fee for each motorcycle, motor driven cycle and
20 motorized pedalcycle, 27% of each annual registration fee for
21 such vehicle and 27% of each semiannual registration fee for
22 such vehicle is deposited in the Cycle Rider Safety Training
23 Fund.
24 (e) Of the monies received by the Secretary of State as
25 registration fees or taxes or as payment of any other fee, as
26 provided in this Act, except fees received by the Secretary
27 under paragraph (7) of subsection (b) of Section 5-101 and
28 Section 5-109 of this Code, 37% shall be deposited into the
29 State Construction Fund.
30 (f) Of the total money collected for a CDL instruction
31 permit or original or renewal issuance of a commercial driver's
32 license (CDL) pursuant to the Uniform Commercial Driver's
33 License Act (UCDLA): (i) $6 of the total fee for an original or
34 renewal CDL, and $6 of the total CDL instruction permit fee
35 when such permit is issued to any person holding a valid
36 Illinois driver's license, shall be paid into the
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1 CDLIS/AAMVAnet Trust Fund (Commercial Driver's License
2 Information System/American Association of Motor Vehicle
3 Administrators network Trust Fund) and shall be used for the
4 purposes provided in Section 6z-23 of the State Finance Act and
5 (ii) $20 of the total fee for an original or renewal CDL or
6 commercial driver instruction permit shall be paid into the
7 Motor Carrier Safety Inspection Fund, which is hereby created
8 as a special fund in the State Treasury, to be used by the
9 Department of State Police, subject to appropriation, to hire
10 additional officers to conduct motor carrier safety
11 inspections pursuant to Chapter 18b of this Code.
12 (g) All remaining moneys received by the Secretary of State
13 as registration fees or taxes or as payment of any other fee,
14 as provided in this Act, except fees received by the Secretary
15 under paragraph (7)(A) of subsection (b) of Section 5-101 and
16 Section 5-109 of this Code, shall be deposited in the Road Fund
17 in the State Treasury. Moneys in the Road Fund shall be used
18 for the purposes provided in Section 8.3 of the State Finance
19 Act.
20 (h) (Blank).
21 (i) (Blank).
22 (j) (Blank).
23 (k) There is created in the State Treasury a special fund
24 to be known as the Secretary of State Special License Plate
25 Fund. Money deposited into the Fund shall, subject to
26 appropriation, be used by the Office of the Secretary of State
27 (i) to help defray plate manufacturing and plate processing
28 costs for the issuance and, when applicable, renewal of any new
29 or existing registration plates authorized under this Code and
30 (ii) for grants made by the Secretary of State to benefit
31 Illinois Veterans Home libraries.
32 On or before October 1, 1995, the Secretary of State shall
33 direct the State Comptroller and State Treasurer to transfer
34 any unexpended balance in the Special Environmental License
35 Plate Fund, the Special Korean War Veteran License Plate Fund,
36 and the Retired Congressional License Plate Fund to the
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1 Secretary of State Special License Plate Fund.
2 (l) The Motor Vehicle Review Board Fund is created as a
3 special fund in the State Treasury. Moneys deposited into the
4 Fund under paragraph (7) of subsection (b) of Section 5-101 and
5 Section 5-109 shall, subject to appropriation, be used by the
6 Office of the Secretary of State to administer the Motor
7 Vehicle Review Board, including without limitation payment of
8 compensation and all necessary expenses incurred in
9 administering the Motor Vehicle Review Board under the Motor
10 Vehicle Franchise Act.
11 (m) Effective July 1, 1996, there is created in the State
12 Treasury a special fund to be known as the Family
13 Responsibility Fund. Moneys deposited into the Fund shall,
14 subject to appropriation, be used by the Office of the
15 Secretary of State for the purpose of enforcing the Family
16 Financial Responsibility Law.
17 (n) The Illinois Fire Fighters' Memorial Fund is created as
18 a special fund in the State Treasury. Moneys deposited into the
19 Fund shall, subject to appropriation, be used by the Office of
20 the State Fire Marshal for construction of the Illinois Fire
21 Fighters' Memorial to be located at the State Capitol grounds
22 in Springfield, Illinois. Upon the completion of the Memorial,
23 moneys in the Fund shall be used in accordance with Section
24 3-634.
25 (o) Of the money collected for each certificate of title
26 for all-terrain vehicles and off-highway motorcycles, $17
27 shall be deposited into the Off-Highway Vehicle Trails Fund.
28 (p) For audits conducted on or after July 1, 2003 pursuant
29 to Section 2-124(d) of this Code, 50% of the money collected as
30 audit fees shall be deposited into the General Revenue Fund.
31 (q) The Secretary of State Immigrant License Fund is
32 created as a special fund in the State treasury. Moneys
33 deposited into the fund shall, subject to appropriation, be
34 used by the Secretary of State to pay for the increase in the
35 costs associated with additional immigrant applicants for
36 drivers licenses and costs associated with specialized
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1 verification procedures regarding those applicants.
2 (Source: P.A. 92-16, eff. 6-28-01; 93-32, eff. 7-1-03.)
3 (625 ILCS 5/6-106) (from Ch. 95 1/2, par. 6-106)
4 Sec. 6-106. Application for license or instruction permit.
5 (a) Every application for any permit or license authorized
6 to be issued under this Act shall be made upon a form furnished
7 by the Secretary of State. Every application shall be
8 accompanied by the proper fee and payment of such fee shall
9 entitle the applicant to not more than 3 attempts to pass the
10 examination within a period of 1 year after the date of
11 application.
12 (b) Every application shall state the name, social security
13 number, zip code, date of birth, sex, and residence address of
14 the applicant; briefly describe the applicant; state whether
15 the applicant has theretofore been licensed as a driver, and,
16 if so, when and by what state or country, and whether any such
17 license has ever been cancelled, suspended, revoked or refused,
18 and, if so, the date and reason for such cancellation,
19 suspension, revocation or refusal; shall include an
20 affirmation by the applicant that all information set forth is
21 true and correct; and shall bear the applicant's signature. The
22 application form may also require the statement of such
23 additional relevant information as the Secretary of State shall
24 deem necessary to determine the applicant's competency and
25 eligibility.
26 (b-1) The Secretary of State may in his discretion
27 substitute a federal tax number in lieu of a social security
28 number, or he may instead assign an additional distinctive
29 number in lieu thereof, where an applicant is prohibited by
30 bona fide religious convictions from applying or is exempt from
31 applying for a social security number. The Secretary of State
32 shall, however, determine which religious orders or sects have
33 such bona fide religious convictions.
34 (b-2) The Secretary of State shall issue a drivers license
35 to an applicant who is an immigrant and ineligible for a social
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1 security number if the applicant has (i) provided the Secretary
2 with an individual tax identification number; (ii) filed with
3 the Secretary, at the time of application, an affidavit stating
4 that the applicant is an immigrant and not eligible for a
5 social security number and that the applicant will file an
6 application to become a permanent resident of the United States
7 at the earliest opportunity the applicant is eligible to do so;
8 (iii) provided a current foreign passport and a foreign birth
9 certificate; (iv) filed with the Secretary of State proof
10 provided to the applicant by the Illinois State Police that a
11 set of the applicant's fingerprints have been collected (costs
12 associated with this fingerprinting shall be paid by the
13 applicant at the time of collection); and (v) surrendered all
14 illegally obtained forms of drivers licenses or State
15 identification cards issued to the applicant by the Secretary.
16 Relinquishment of State issued identification shall be handled
17 by the Secretary at his or her discretion. The Secretary of
18 State shall provide to the Department of Revenue all
19 information, including the individual tax identification
20 number, captured on the application. If the Department of
21 Revenue determines that the licensee is not in compliance with
22 any applicable tax laws administered by the Department of
23 Revenue, the Department of Revenue shall request that the
24 Secretary of State suspend or revoke the license. The Secretary
25 may also require any combination of additional documents, as
26 set forth by administrative rule, as sufficient proof of
27 residency or identification. The foreign passport and foreign
28 birth certificate and any additional documents required may be
29 accepted only if: (i) the passport and birth certificate and
30 any additional documents are difficult to duplicate and (ii)
31 the passport and birth certificate and any additional documents
32 are verifiable with the issuing agency. A person denied a
33 driver's license under this subsection (b-2) may seek review
34 under the Administrative Review Law. This amendatory Act of the
35 93rd General Assembly does not affect the issuance of any
36 commercial driver's license or school bus driver's permit under