Estimates put the state’s number of undocumented immigrants driving without a license at 250,000. TVDLs for undocumenteds will take effect ten months after Governor Quinn signs it—that is, sometime in fall 2013.
Since 2005 Illinois has been issuing TVDLs to individuals who have lawful immigration status but no Social Security Number. Extension of Temporary Visitor Driver’s Licenses (TVDL) to undocumented immigrants living in the state of Illinois: A TVDL may be used only for driving and not for identification. A TVDL will not identify persons as undocumented since a TVDL is already more broadly available to other persons who do have lawful status but also are not eligible for a regular license. Undocumented immigrants seeking a TVDL could use as identification an Individual Taxpayer Identification Number (ITIN) issued by the Internal Revenue Service, a passport or consular identification card, and proof of Illinois residency, such as a home utility bill. A TVDL is good for only three years, when it must be renewed. These elements of the Illinois Temporary Visitor Driver’s Licenses for Undocumented Drivers- (TVDL) comply with the federal Real ID Act, which is set to be effective in January 2013.
Bipartisan support passed Senate Bill 957 during the fall veto session that began Nov. 27. Read the language of the bill here and here. Senate President John Cullerton, D-Chicago, and state Rep. Edward Acevedo, D-Chicago, sponsored the legislation.
Individuals seeking a TVDL have to pay a fee, as well as pass vision, written and road tests — the same requirements of a traditional driver’s license that proponents believe would lead to safer highways. To guard against security and fraud issues, immigrants would have to provide some means of identification to get a TVDL, such as a passport or consular identification card.
A TVDL is distinguishable from a regular driver’s license because it uses a purple/blue color scheme, instead of a red color scheme. However, because they are already in use, TVDLs would not “flag” an individual as undocumented if stopped by police for a traffic violation. Many undocumented immigrants are deported to their home country, separated from their children, when they are stopped for a minor traffic violation and are unable to produce a license.
SB 957, which expands eligibility for a TVDL to undocumented drivers who provide information to ensure security and prevent fraud. Such information includes a verifiable passport or consular identification card, and proof of one year of Illinois residency. They must also pay a fee, and pass vision, written and road tests, as well as buy auto insurance. This proposal will allow undocumented immigrants the opportunity to safely and legally get to work and other necessary services. Illinois Senate Bill 957 will give Temporary Visitor Driver’s Licenses to undocumented immigrants living in the state. These licenses can only be used for driving, and not for identification.
When will TVDLs become available? This new law will take effect ten months after Governor Quinn signs it—that is, sometime in fall 2013.
Where will applicants be able to apply?
The Secretary of State intends to make TVDL applications available at most of its facilities. (Currently TVDLs are available at only certain facilities.) Will applicants get a TVDL the same day as they apply?
No. The Secretary of State will need to review and verify the documents that get submitted with the application. SoS will then issue the TVDL from a central facility and send it to the applicant by mail.
Will the Secretary of State have enough resources to implement this law?
The Secretary of State estimates that its first-year costs to implement TVDLs would be approximately $800,000. SoS will therefore have enough money to pay for TVDLs if as few as 30,000 individuals apply (out of potentially 250,000), each paying $30 each.
Is the TVDL valid as proof of identity?
No—and as a result, the TVDL cannot be used for voting, getting a firearms identification card, boarding an airplane, or entering a federal building. However, hospitals, first responders, and others could still use the TVDL as a document to indicate the person’s name and address. TVDL holders could still provide passports and consular identification cards as proof of identity.
Could the TVDL be used as a bond card?
Yes. Drivers with TVDLs can produce the card as bond during a traffic stop, just as drivers with regular licenses can. They would get ticketed rather than being arrested (because they cannot produce bond) and ending up in the criminal justice and immigration enforcement pipeline. Police time and jail space will no longer be taken up with so many motorists who are arrested.
La Asamblea General de Illinois votaron la iniciativa de ley SB 957, que daría licencias de conducir de visitante temporal a inmigrantes indocumentados que residen en el estado. Estas licencias sólo se podrían utilizar para conducir y no servirían como identificación. De ser aprobadas tendrán que ser renovadas después de tres años. Para obtener estas licencias, los inmigrantes tendrían que probar al menos un año de residencia en Illinois, pagar una cuota y aprobar los exámenes, el escrito, el de visión y el de conducción. También estarían obligados a comprar un seguro de auto.
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(625 ILCS 5/6-105.1)
Sec. 6-105.1. Temporary visitor’s driver’s license. (a) The Secretary of State may issue a temporary visitor’s driver’s license to a foreign national who (i) resides in this State, (ii) is ineligible to obtain a social security number, and (iii) presents to the Secretary documentation, issued by United States Citizenship and Immigration Services, authorizing the person’s presence in this country.
(b) A temporary visitor’s driver’s license is valid for 3 years, or for the period of time the individual is authorized to remain in this country, whichever ends sooner.
(c) The Secretary shall adopt rules for implementing this Section, including rules regarding the design and content of the temporary visitor’s driver’s license. (Source: P.A. 93-752, eff. 1-1-05.)
(5 ILCS 230/10)
Sec. 10. Acceptance of consular identification document.
(a) When requiring members of the public to provide identification, each State agency and officer and unit of local government shall accept a consular identification document as valid identification of a person.
(b) A consular identification document shall be accepted for purposes of identification only and does not convey an independent right to receive benefits of any type.
(c) A consular identification document may not be accepted as identification for obtaining a driver’s license or registering to vote.
(d) A consular identification document does not establish or indicate lawful U.S. immigration status and may not be viewed as valid for that purpose, nor does a consular identification document establish a foreign national’s right to be in the United States or remain in the United States.
(e) The requirements of subsection (a) do not apply if:
(1) a federal law, regulation, or directive or a federal court decision requires a State agency or officer or a unit of local government to obtain different identification;
(2) a federal law, regulation, or directive preempts state regulation of identification requirements; or
(3) a State agency or officer or a unit of local government would be unable to comply with a condition imposed by a funding source which would cause the State agency or officer or unit of local government to lose funds from that source.
(f) Nothing in subsection (a) shall be construed to prohibit a State agency or officer or a unit of local government from:
(1) requiring additional information from persons in order to verify a current address or other facts that would enable the State agency or officer or unit of local government to fulfill its responsibilities, except that this paragraph (1) does not permit a State agency or officer or a unit of local government to require additional information solely in order to establish identification of the person when the consular identification document is the form of identification presented;
(2) requiring fingerprints for identification purposes under circumstances where the State agency or officer or unit of local government also requires fingerprints from persons who have a driver’s license or Illinois Identification Card; or
(3) requiring additional evidence of identification if the State agency or officer or unit of local government reasonably believes that: (A) the consular identification document is forged, fraudulent, or altered; or (B) the holder does not appear to be the same person on the consular identification document. (Source: P.A. 94-389, eff. 1-1-06.)
(625 ILCS 5/6-103) (from Ch. 95 1/2, par. 6-103)
Sec. 6-103. What persons shall not be licensed as drivers or granted permits. The Secretary of State shall not issue, renew, or allow the retention of any driver’s license nor issue any permit under this Code:
1. To any person, as a driver, who is under the age of 18 years except as provided in Section 6-107, and except that an instruction permit may be issued under Section 6-107.1 to a child who is not less than 15 years of age if the child is enrolled in an approved driver education course as defined in Section 1-103 of this Code and requires an instruction permit to participate therein, except that an instruction permit may be issued under the provisions of Section 6-107.1 to a child who is 17 years and 3 months of age without the child having enrolled in an approved driver education course and except that an instruction permit may be issued to a child who is at least 15 years and 3 months of age, is enrolled in school, meets the educational requirements of the Driver Education Act, and has passed examinations the Secretary of State in his or her discretion may prescribe;
2. To any person who is under the age of 18 as an operator of a motorcycle other than a motor driven cycle unless the person has, in addition to meeting the provisions of Section 6-107 of this Code, successfully completed a motorcycle training course approved by the Illinois Department of Transportation and successfully completes the required Secretary of State’s motorcycle driver’s examination;
3. To any person, as a driver, whose driver’s license or permit has been suspended, during the suspension, nor to any person whose driver’s license or permit has been revoked, except as provided in Sections 6-205, 6-206, and 6-208;
4. To any person, as a driver, who is a user of alcohol or any other drug to a degree that renders the person incapable of safely driving a motor vehicle;
5. To any person, as a driver, who has previously been adjudged to be afflicted with or suffering from any mental or physical disability or disease and who has not at the time of application been restored to competency by the methods provided by law;
6. To any person, as a driver, who is required by the Secretary of State to submit an alcohol and drug evaluation or take an examination provided for in this Code unless the person has successfully passed the examination and submitted any required evaluation;
7. To any person who is required under the provisions of the laws of this State to deposit security or proof of financial responsibility and who has not deposited the security or proof;
8. To any person when the Secretary of State has good cause to believe that the person by reason of physical or mental disability would not be able to safely operate a motor vehicle upon the highways, unless the person shall furnish to the Secretary of State a verified written statement, acceptable to the Secretary of State, from a competent medical specialist, a licensed physician assistant who has been delegated the performance of medical examinations by his or her supervising physician, or a licensed advanced practice nurse who has a written collaborative agreement with a collaborating physician which authorizes him or her to perform medical examinations, to the effect that the operation of a motor vehicle by the person would not be inimical to the public safety;
9. To any person, as a driver, who is 69 years of age or older, unless the person has successfully complied with the provisions of Section 6-109;
10. To any person convicted, within 12 months of application for a license, of any of the sexual offenses enumerated in paragraph 2 of subsection (b) of Section 6-205;
11. To any person who is under the age of 21 years with a classification prohibited in paragraph (b) of Section 6-104 and to any person who is under the age of 18 years with a classification prohibited in paragraph (c) of Section 6-104;
12. To any person who has been either convicted of or adjudicated under the Juvenile Court Act of 1987 based upon a violation of the Cannabis Control Act, the Illinois Controlled Substances Act, or the Methamphetamine Control and Community Protection Act while that person was in actual physical control of a motor vehicle. For purposes of this Section, any person placed on probation under Section 10 of the Cannabis Control Act, Section 410 of the Illinois Controlled Substances Act, or Section 70 of the Methamphetamine Control and Community Protection Act shall not be considered convicted. Any person found guilty of this offense, while in actual physical control of a motor vehicle, shall have an entry made in the court record by the judge that this offense did occur while the person was in actual physical control of a motor vehicle and order the clerk of the court to report the violation to the Secretary of State as such. The Secretary of State shall not issue a new license or permit for a period of one year;
13. To any person who is under the age of 18 years and who has committed the offense of operating a motor vehicle without a valid license or permit in violation of Section 6-101 or a similar out of state offense;
14. To any person who is 90 days or more delinquent in court ordered child support payments or has been adjudicated in arrears in an amount equal to 90 days’ obligation or more and who has been found in contempt of court for failure to pay the support, subject to the requirements and procedures of Article VII of Chapter 7 of the Illinois Vehicle Code;
14.5. To any person certified by the Illinois Department of Healthcare and Family Services as being 90 days or more delinquent in payment of support under an order of support entered by a court or administrative body of this or any other State, subject to the requirements and procedures of Article VII of Chapter 7 of this Code regarding those certifications;
15. To any person released from a term of imprisonment for violating Section 9-3 of the Criminal Code of 1961 or a similar provision of a law of another state relating to reckless homicide or for violating subparagraph (F) of paragraph (1) of subsection (d) of Section 11-501 of this Code relating to aggravated driving under the influence of alcohol, other drug or drugs, intoxicating compound or compounds, or any combination thereof, if the violation was the proximate cause of a death, within 24 months of release from a term of imprisonment;
16. To any person who, with intent to influence any act related to the issuance of any driver’s license or permit, by an employee of the Secretary of State’s Office, or the owner or employee of any commercial driver training school licensed by the Secretary of State, or any other individual authorized by the laws of this State to give driving instructions or administer all or part of a driver’s license examination, promises or tenders to that person any property or personal advantage which that person is not authorized by law to accept. Any persons promising or tendering such property or personal advantage shall be disqualified from holding any class of driver’s license or permit for 120 consecutive days. The Secretary of State shall establish by rule the procedures for implementing this period of disqualification and the procedures by which persons so disqualified may obtain administrative review of the decision to disqualify;
17. To any person for whom the Secretary of State cannot verify the accuracy of any information or documentation submitted in application for a driver’s license; or
18. To any person who has been adjudicated under the Juvenile Court Act of 1987 based upon an offense that is determined by the court to have been committed in furtherance of the criminal activities of an organized gang, as provided in Section 5-710 of that Act, and that involved the operation or use of a motor vehicle or the use of a driver’s license or permit. The person shall be denied a license or permit for the period determined by the court.
The Secretary of State shall retain all conviction information, if the information is required to be held confidential under the Juvenile Court Act of 1987. (Source: P.A. 96-607, eff. 8-24-09; 96-740, eff. 1-1-10; 96-962, eff. 7-2-10; 96-1000, eff. 7-2-10; 97-185, eff. 7-22-11.r
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Bill Status of SB0957 97th General Assembly
Short Description: TRANSPORTATION-TECH
Senate Sponsors
Sen. John J. Cullerton – Christine Radogno – John J. Millner – Antonio Muñoz – Iris Y. Martinez, Don Harmon, Terry Link, Michael Noland, Steven M. Landek, Heather A. Steans, Toi W. Hutchinson, Ira I. Silverstein, Linda Holmes, Emil Jones, III, William E. Brady, Jeffrey M. Schoenberg, Donne E. Trotter,Ron Sandack, Mattie Hunter, Thomas Johnson and Kimberly A. Lightford
House Sponsors
(Rep. Edward J. Acevedo – Elizabeth Hernandez – Angelo Saviano – Luis Arroyo – Maria Antonia Berrios, Cory Foster, Robert Rita, Scott E. Penny, Cynthia Soto, Naomi D. Jakobsson and Linda Chapa LaVia)
Last Action
| Date | Chamber | Action |
| 1/8/2013 | Senate | Passed Both Houses |
Statutes Amended In Order of Appearance
| 625 ILCS 5/6-103 | from Ch. 95 1/2, par. 6-103 |
Synopsis As Introduced
Amends the Illinois Vehicle Code. Makes a technical change in a Section concerning persons that are not to be granted a license or permit.
| Deletes reference to: | ||
| 625 ILCS 5/6-103 | ||
| Adds reference to: | ||
| 30 ILCS 105/5.826 new | ||
| 625 ILCS 5/6-105.1 |
| 5 ILCS 230/10 |
Replaces everything after the enacting clause. Amends the State Finance Act to create the Driver Services Administration Fund. Amends the Illinois Vehicle Code. Allows the Secretary of State to issue temporary visitor’s driver’s licenses to applicants who have resided in this State for more than a year, are ineligible to obtain a social security number, and who are unable to present documentation issued by the United States Citizenship and Immigration Services authorizing the person’s presence in this country. Sets forth the documentation requirements for applying for the temporary visitor’s driver’s license, as well as the duration of the license. Prohibits a temporary visitor’s driver’s license from being used as proof of the holder’s identity. Establishes that holders of the licenses are subject to other Vehicle Code regulations, including insurance requirements. Amends the Consular Identification Document Act. Allows a consular identification document to be used for the acquisition of a temporary visitor’s driver’s license. Effective 10 months after becoming law.
| Adds reference to: | ||
| 625 ILCS 5/6-601 | from Ch. 95 1/2, par. 6-601 | |
Makes a temporary visitor’s driver’s license invalid if the holder cannot provide proof of liability insurance upon request of a law enforcement officer and makes this a petty offense driver’s license violation if operating a motor vehicle.
| Correctional Note (Dept of Corrections) | |
| There are no penalty enhancements associated with this bill. The bill would have no fiscal or population impact on the Department of Corrections. |
| Land Conveyance Appraisal Note (Dept. of Transportation) | |
| No land conveyances are included in this bill; therefore, there are no appraisals to be filed. |
| State Debt Impact Note (Government Forecasting & Accountability) | |
| SB 957 would not change the amount of authorization for any type of State-issued or State-supported bond, and, therefore, would not affect the level of State indebtedness. |
| Fiscal Note (Office of the Secretary of State) | |
| SB 957 will cost the Office of the Secretary of State an estimated $800,000 in the first year, and approximately $250,000 each additional year thereafter for overtime, programming, software and equipment. Costs are dependent on the volume of applicants and the Office estimates revenues will be sufficient to meet or exceed operational costs after the first year. |
| Pension Note (Government Forecasting & Accountability) | |
| SB 957 will not impact any public pension fund or retirement system in Illinois. |
| Judicial Note (Admin Office of the Illinois Courts) | |
| This bill would neither increase nor decrease the number of judges needed in the State. |
| Balanced Budget Note (Office of Management and Budget) | |
| This bill will have a start-up cost during the first year estimated to be $800,000. The program is expected to be self-funded based on license fees starting in the second year and continuing into the future. |
| Home Rule Note (Dept. of Commerce & Economic Opportunity) | |
| SB 957 does not pre-empt home rule authority. |
| State Mandates Fiscal Note (Dept. of Commerce & Economic Opportunity) | |
| SB 957 does not create a State mandate. |
| Housing Affordability Impact Note (Housing Development Authority) | |
| This bill will have no effect on the cost of constructing, purchasing, owning, or selling a single-family residence. |
| Date | Chamber | Action |
| 2/8/2011 | Senate | Filed with Secretary by Sen. John J. Cullerton |
| 2/8/2011 | Senate | First Reading |
| 2/8/2011 | Senate | Referred to Assignments |
| 3/9/2011 | Senate | Assigned to Executive |
| 3/17/2011 | Senate | Do Pass Executive; 015-000-000 |
| 3/17/2011 | Senate | Placed on Calendar Order of 2nd Reading March 17, 2011 |
| 3/17/2011 | Senate | Second Reading |
| 3/17/2011 | Senate | Placed on Calendar Order of 3rd Reading March 29, 2011 |
| 3/31/2011 | Senate | Chief Sponsor Changed to Sen. Iris Y. Martinez |
| 4/1/2011 | Senate | Senate Floor Amendment No. 1 Filed with Secretary by Sen. Iris Y. Martinez |
| 4/1/2011 | Senate | Senate Floor Amendment No. 1 Referred to Assignments |
| 4/6/2011 | Senate | Senate Floor Amendment No. 1 Assignments Refers to Transportation |
| 4/7/2011 | Senate | Senate Floor Amendment No. 1 Postponed – Transportation |
| 4/15/2011 | Senate | Rule 2-10 Third Reading Deadline Established As May 4, 2011 |
| 7/23/2011 | Senate | Pursuant to Senate Rule 3-9(b) / Referred to Assignments |
| 7/23/2011 | Senate | Senate Floor Amendment No. 1 Re-referred to Assignments; Pursuant to Senate Rule 3-9(b) |
| 11/27/2012 | Senate | Approved for Consideration Assignments |
| 11/27/2012 | Senate | Placed on Calendar Order of 3rd Reading November 28, 2012 |
| 11/27/2012 | Senate | Added as Chief Co-Sponsor Sen. Terry Link |
| 11/27/2012 | Senate | Rule 2-10 Third Reading Deadline Established As January 8, 2013 |
| 11/27/2012 | Senate | Added as Chief Co-Sponsor Sen. Michael Noland |
| 11/27/2012 | Senate | Added as Co-Sponsor Sen. Steven M. Landek |
| 11/27/2012 | Senate | Added as Co-Sponsor Sen. Heather A. Steans |
| 11/27/2012 | Senate | Added as Co-Sponsor Sen. Toi W. Hutchinson |
| 11/27/2012 | Senate | Chief Sponsor Changed to Sen. John J. Cullerton |
| 11/27/2012 | Senate | Added as Chief Co-Sponsor Sen. Iris Y. Martinez |
| 11/27/2012 | Senate | Senate Floor Amendment No. 2 Filed with Secretary by Sen. John J. Cullerton |
| 11/27/2012 | Senate | Senate Floor Amendment No. 2 Referred to Assignments |
| 11/28/2012 | Senate | Added as Co-Sponsor Sen. Ira I. Silverstein |
| 11/28/2012 | Senate | Added as Chief Co-Sponsor Sen. Linda Holmes |
| 11/28/2012 | Senate | Added as Co-Sponsor Sen. Emil Jones, III |
| 11/28/2012 | Senate | Added as Co-Sponsor Sen. William E. Brady |
| 11/28/2012 | Senate | Senate Floor Amendment No. 3 Filed with Secretary by Sen. John J. Millner |
| 11/28/2012 | Senate | Senate Floor Amendment No. 3 Referred to Assignments |
| 11/28/2012 | Senate | Senate Floor Amendment No. 2 Assignments Refers to Executive |
| 11/28/2012 | Senate | Senate Floor Amendment No. 3 Assignments Refers to Executive |
| 11/29/2012 | Senate | Added as Co-Sponsor Sen. Jeffrey M. Schoenberg |
| 11/29/2012 | Senate | Senate Floor Amendment No. 2 Recommend Do Adopt Executive; 012-002-000 |
| 11/29/2012 | Senate | Senate Floor Amendment No. 3 Recommend Do Adopt Executive; 012-002-000 |
| 11/29/2012 | Senate | Added as Co-Sponsor Sen. Donne E. Trotter |
| 11/29/2012 | Senate | Sponsor Removed Sen. Terry Link |
| 11/29/2012 | Senate | Sponsor Removed Sen. Linda Holmes |
| 11/30/2012 | Senate | Added as Co-Sponsor Sen. Linda Holmes |
| 11/30/2012 | Senate | Added as Co-Sponsor Sen. Terry Link |
| 11/30/2012 | Senate | Added as Chief Co-Sponsor Sen. Christine Radogno |
| 11/30/2012 | Senate | Sponsor Removed Sen. Michael Noland |
| 11/30/2012 | Senate | Added as Chief Co-Sponsor Sen. John J. Millner |
| 11/30/2012 | Senate | Added as Chief Co-Sponsor Sen. Antonio Muñoz |
| 11/30/2012 | Senate | Added as Co-Sponsor Sen. Don Harmon |
| 11/30/2012 | Senate | Added as Co-Sponsor Sen. Michael Noland |
| 12/3/2012 | Senate | Added as Co-Sponsor Sen. Ron Sandack |
| 12/4/2012 | Senate | Added as Co-Sponsor Sen. Mattie Hunter |
| 12/4/2012 | Senate | Recalled to Second Reading |
| 12/4/2012 | Senate | Senate Floor Amendment No. 2 Adopted; Cullerton |
| 12/4/2012 | Senate | Senate Floor Amendment No. 3 Adopted; Millner |
| 12/4/2012 | Senate | Placed on Calendar Order of 3rd Reading |
| 12/4/2012 | Senate | Added as Co-Sponsor Sen. Thomas Johnson |
| 12/4/2012 | Senate | Added as Co-Sponsor Sen. Kimberly A. Lightford |
| 12/4/2012 | Senate | Third Reading – Passed; 041-014-001 |
| 12/4/2012 | Senate | Senate Floor Amendment No. 1 Tabled Pursuant to Rule 5-4(a) |
| 12/4/2012 | House | Arrived in House |
| 12/4/2012 | House | Chief House Sponsor Rep. Edward J. Acevedo |
| 12/4/2012 | House | First Reading |
| 12/4/2012 | House | Referred to Rules Committee |
| 12/5/2012 | House | Assigned to Transportation: Vehicles & Safety Committee |
| 12/5/2012 | House | Final Action Deadline Extended-9(b) January 8, 2013 |
| 12/5/2012 | House | Added Alternate Co-Sponsor Rep. Cory Foster |
| 12/5/2012 | House | Added Alternate Chief Co-Sponsor Rep. Elizabeth Hernandez |
| 12/5/2012 | House | Alternate Chief Co-Sponsor Changed to Rep. Elizabeth Hernandez |
| 12/5/2012 | House | Added Alternate Chief Co-Sponsor Rep. Angelo Saviano |
| 1/7/2013 | House | Do Pass / Short Debate Transportation: Vehicles & Safety Committee; 006-003-000 |
| 1/7/2013 | House | Placed on Calendar 2nd Reading – Short Debate |
| 1/7/2013 | House | Fiscal Note Requested by Rep. Randy Ramey, Jr. |
| 1/7/2013 | House | State Mandates Fiscal Note Requested by Rep. Randy Ramey, Jr. |
| 1/7/2013 | House | Home Rule Note Requested by Rep. Randy Ramey, Jr. |
| 1/7/2013 | House | Judicial Note Requested by Rep. Randy Ramey, Jr. |
| 1/7/2013 | House | State Debt Impact Note Requested by Rep. Randy Ramey, Jr. |
| 1/7/2013 | House | Second Reading – Short Debate |
| 1/7/2013 | House | Placed on Calendar Order of 3rd Reading – Short Debate |
| 1/7/2013 | House | Recalled to Second Reading – Short Debate |
| 1/7/2013 | House | Held on Calendar Order of Second Reading – Short Debate |
| 1/7/2013 | House | Added Alternate Co-Sponsor Rep. Robert Rita |
| 1/7/2013 | House | Added Alternate Co-Sponsor Rep. Scott E. Penny |
| 1/7/2013 | House | Added Alternate Chief Co-Sponsor Rep. Luis Arroyo |
| 1/7/2013 | House | Alternate Chief Co-Sponsor Changed to Rep. Luis Arroyo |
| 1/7/2013 | House | Added Alternate Chief Co-Sponsor Rep. Maria Antonia Berrios |
| 1/7/2013 | House | Alternate Chief Co-Sponsor Changed to Rep. Maria Antonia Berrios |
| 1/7/2013 | House | Correctional Note Filed |
| 1/7/2013 | House | Land Conveyance Appraisal Note Filed |
| 1/7/2013 | House | State Debt Impact Note Filed |
| 1/8/2013 | House | Fiscal Note Filed |
| 1/8/2013 | House | Pension Note Filed |
| 1/8/2013 | House | Judicial Note Filed |
| 1/8/2013 | House | Balanced Budget Note Filed |
| 1/8/2013 | House | Housing Affordability Impact Note Requested by Rep. Randy Ramey, Jr. |
| 1/8/2013 | House | Home Rule Note Filed |
| 1/8/2013 | House | State Mandates Fiscal Note Filed |
| 1/8/2013 | House | Added Alternate Co-Sponsor Rep. Cynthia Soto |
| 1/8/2013 | House | Housing Affordability Impact Note Filed |
| 1/8/2013 | House | Placed on Calendar Order of 3rd Reading – Short Debate |
| 1/8/2013 | House | Added Alternate Co-Sponsor Rep. Naomi D. Jakobsson |
| 1/8/2013 | House | Added Alternate Co-Sponsor Rep. Linda Chapa LaVia |
| 1/8/2013 | House | Third Reading – Short Debate – Passed 065-046-000 |
| 1/8/2013 | Senate | Passed Both Houses |
| Back To Top |
http://www.ilga.gov/legislation/BillStatus.asp?DocNum=957&GAID=11&DocTypeID=SB&SessionID=84&GA=97
Sen. John J. Cullerton
Filed: 11/27/2012
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| 1 | AMENDMENT TO SENATE BILL 957 |
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| 2 | AMENDMENT NO. ______. Amend Senate Bill 957 by replacing |
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| 3 | everything after the enacting clause with the following: |
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| 4 | "Section 5. The State Finance Act is amended by adding |
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| 5 | Section 5.826 as follows: |
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| 6 | (30 ILCS 105/5.826 new) |
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| 7 | Sec. 5.826. The Driver Services Administration Fund. |
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| 8 | Section 10. The Illinois Vehicle Code is amended by |
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| 9 | changing Section 6-105.1 as follows: |
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| 10 | (625 ILCS 5/6-105.1) |
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| 11 | Sec. 6-105.1. Temporary visitor's driver's license. |
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| 12 | (a) The Secretary of State may issue a temporary visitor's |
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| 13 | driver's license to a foreign national who (i) resides in this |
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| 14 | State, (ii) is ineligible to obtain a social security number, |
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|
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| 1 | and (iii) presents to the Secretary documentation, issued by |
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| 2 | United States Citizenship and Immigration Services, |
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| 3 | authorizing the person's presence in this country. |
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| 4 | (a-5) The Secretary of State may issue a temporary |
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| 5 | visitor's driver's license to an applicant who (i) has resided |
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| 6 | in this State for a period in excess of one year, (ii) is |
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| 7 | ineligible to obtain a social security number, and (iii) is |
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| 8 | unable to present documentation issued by the United States |
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| 9 | Citizenship and Immigration Services authorizing the person's |
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| 10 | presence in this country. The applicant shall submit a valid |
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| 11 | unexpired passport from the applicant's country of citizenship |
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| 12 | or a valid unexpired consular identification document issued by |
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| 13 | a consulate of that country as defined in Section 5 of the |
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| 14 | Consular Identification Document Act (5 ILCS 230/5). |
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| 15 | (a-10) Applicants for a temporary visitor's driver's |
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| 16 | license who are under 18 years of age at the time of |
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| 17 | application, shall be subject to the provisions of Sections |
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| 18 | 6-107 and 6-108 of this Code. |
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| 19 | (b) A temporary visitor's driver's license issued under |
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| 20 | subsection (a) is valid for 3 years, or for the period of time |
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| 21 | the individual is authorized to remain in this country, |
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| 22 | whichever ends sooner. A temporary visitor's driver's license |
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| 23 | issued under subsection (a-5) shall be valid for a period of 3 |
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| 24 | years. |
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| 25 | (b-5) A temporary visitor's driver's license issued under |
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| 26 | this Section may not be accepted for proof of the holder's |
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|
|||||||
| 1 | identity. A temporary visitor's driver's license issued under |
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| 2 | this Section shall contain a notice on its face, in capitalized |
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| 3 | letters, stating that the temporary' visitor's driver's |
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| 4 | license may not be accepted for proof of identity. |
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| 5 | (c) The Secretary shall adopt rules for implementing this |
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| 6 | Section, including rules: |
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| 7 | (1) regarding the design and content of the temporary |
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| 8 | visitor's driver's license; |
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| 9 | (2) establishing criteria for proof of identification |
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| 10 | and residency of an individual applying under (a-5); |
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| 11 | (3) designating acceptable evidence that an applicant |
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| 12 | is not eligible for a social security number; and |
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| 13 | (4) regarding the issuance of temporary visitor's |
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| 14 | instruction permits. |
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| 15 | (d) Any person to whom the Secretary of State may issue a |
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| 16 | temporary visitor's driver's license shall be subject to any |
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| 17 | and all provisions of this Code and any and all implementing |
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| 18 | regulations issued by the Secretary of State to the same extent |
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| 19 | as any person issued a driver's license, unless otherwise |
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| 20 | provided in this Code or by administrative rule, including but |
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| 21 | not limited to the examination requirements in Section 6-109 as |
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| 22 | well as the mandatory insurance requirements and penalties set |
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| 23 | forth in Article VI of Chapter 7 of this Code. |
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| 24 | (e) Temporary visitor's driver's licenses shall be issued |
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| 25 | from a central location after the Secretary of State has |
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| 26 | verified the information provided by the applicant. |
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|
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| 1 | (f) There is created in the State treasury a special fund |
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| 2 | to be known as the Driver Services Administration Fund. All |
||||||
| 3 | fees collected for the issuance of temporary visitor's driver's |
||||||
| 4 | licenses shall be deposited into the Fund. These funds shall, |
||||||
| 5 | subject to appropriation, be used by the Office of the |
||||||
| 6 | Secretary of State for costs related to the issuance of |
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| 7 | temporary visitor's driver's licenses, and other operational |
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| 8 | costs, including personnel, facilities, computer programming, |
||||||
| 9 | and data transmission. |
||||||
| 10 | (Source: P.A. 93-752, eff. 1-1-05.) |
||||||
| 11 | Section 15. The Consular Identification Document Act is |
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| 12 | amended by changing Section 10 as follows: |
||||||
| 13 | (5 ILCS 230/10) |
||||||
| 14 | Sec. 10. Acceptance of consular identification document. |
||||||
| 15 | (a) When requiring members of the public to provide |
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| 16 | identification, each State agency and officer and unit of local |
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| 17 | government shall accept a consular identification document as |
||||||
| 18 | valid identification of a person. |
||||||
| 19 | (b) A consular identification document shall be accepted |
||||||
| 20 | for purposes of identification only and does not convey an |
||||||
| 21 | independent right to receive benefits of any type. |
||||||
| 22 | (c) A consular identification document may not be accepted |
||||||
| 23 | as identification for obtaining a driver's license, other than |
||||||
| 24 | a temporary visitor's driver's license, or registering to vote. |
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|
|||||||
| 1 | (d) A consular identification document does not establish |
||||||
| 2 | or indicate lawful U.S. immigration status and may not be |
||||||
| 3 | viewed as valid for that purpose, nor does a consular |
||||||
| 4 | identification document establish a foreign national's right |
||||||
| 5 | to be in the United States or remain in the United States. |
||||||
| 6 | (e) The requirements of subsection (a) do not apply if: |
||||||
| 7 | (1) a federal law, regulation, or directive or a |
||||||
| 8 | federal court decision requires a State agency or officer |
||||||
| 9 | or a unit of local government to obtain different |
||||||
| 10 | identification; |
||||||
| 11 | (2) a federal law, regulation, or directive preempts |
||||||
| 12 | state regulation of identification requirements; or |
||||||
| 13 | (3) a State agency or officer or a unit of local |
||||||
| 14 | government would be unable to comply with a condition |
||||||
| 15 | imposed by a funding source which would cause the State |
||||||
| 16 | agency or officer or unit of local government to lose funds |
||||||
| 17 | from that source. |
||||||
| 18 | (f) Nothing in subsection (a) shall be construed to |
||||||
| 19 | prohibit a State agency or officer or a unit of local |
||||||
| 20 | government from: |
||||||
| 21 | (1) requiring additional information from persons in |
||||||
| 22 | order to verify a current address or other facts that would |
||||||
| 23 | enable the State agency or officer or unit of local |
||||||
| 24 | government to fulfill its responsibilities, except that |
||||||
| 25 | this paragraph (1) does not permit a State agency or |
||||||
| 26 | officer or a unit of local government to require additional |
||||||
|
|||||||
| 1 | information solely in order to establish identification of |
||||||
| 2 | the person when the consular identification document is the |
||||||
| 3 | form of identification presented; |
||||||
| 4 | (2) requiring fingerprints for identification purposes |
||||||
| 5 | under circumstances where the State agency or officer or |
||||||
| 6 | unit of local government also requires fingerprints from |
||||||
| 7 | persons who have a driver's license or Illinois |
||||||
| 8 | Identification Card; or |
||||||
| 9 | (3) requiring additional evidence of identification if |
||||||
| 10 | the State agency or officer or unit of local government |
||||||
| 11 | reasonably believes that: (A) the consular identification |
||||||
| 12 | document is forged, fraudulent, or altered; or (B) the |
||||||
| 13 | holder does not appear to be the same person on the |
||||||
| 14 | consular identification document. |
||||||
| 15 | (Source: P.A. 94-389, eff. 1-1-06.) |
||||||
| 16 | Section 99. Effective date. This Act takes effect 10 months |
||||||
| 17 | after becoming law.". |
||||||
Sen. John J. Millner
Filed: 11/28/2012
|
|||||||
|
|||||||
| 1 | AMENDMENT TO SENATE BILL 957 |
||||||
| 2 | AMENDMENT NO. ______. Amend Senate Bill 957, AS AMENDED, |
||||||
| 3 | with reference to page and line numbers of Senate Amendment No. |
||||||
| 4 | 2, as follows: |
||||||
| 5 | on page 1, line 9 by replacing "Section 6-105.1", with |
||||||
| 6 | "Sections 6-105.1 and 6-601"; and |
||||||
| 7 | on page 3, line 10 by replacing "(a-5)" with "subsection |
||||||
| 8 | (a-5)"; and |
||||||
| 9 | on page 3, by inserting after line 23 the following: |
||||||
| 10 | "(d-5) A temporary visitor's driver's license is invalid if |
||||||
| 11 | the holder is unable to provide proof of liability insurance as |
||||||
| 12 | required by Section 7-601 of this Code upon the request of a |
||||||
| 13 | law enforcement officer, in which case the holder commits a |
||||||
| 14 | violation of Section 6-101 of this Code."; and |
||||||
|
|
|||||||
|
|||||||
| 1 | on page 4, by inserting after line 10 the following: |
||||||
| 2 | "(625 ILCS 5/6-601) (from Ch. 95 1/2, par. 6-601) |
||||||
| 3 | Sec. 6-601. Penalties. |
||||||
| 4 | (a) It is a petty offense for any person to violate any of |
||||||
| 5 | the provisions of this Chapter unless such violation is by this |
||||||
| 6 | Code or other law of this State declared to be a misdemeanor or |
||||||
| 7 | a felony. |
||||||
| 8 | (b) General penalties. Unless another penalty is in this |
||||||
| 9 | Code or other laws of this State, every person convicted of a |
||||||
| 10 | petty offense for the violation of any provision of this |
||||||
| 11 | Chapter shall be punished by a fine of not more than $500. |
||||||
| 12 | (c) Unlicensed driving. Except as hereinafter provided a |
||||||
| 13 | violation of Section 6-101 shall be: |
||||||
| 14 | 1. A Class A misdemeanor if the person failed to obtain |
||||||
| 15 | a driver's license or permit after expiration of a period |
||||||
| 16 | of revocation. |
||||||
| 17 | 2. A Class B misdemeanor if the person has been issued |
||||||
| 18 | a driver's license or permit, which has expired, and if the |
||||||
| 19 | period of expiration is greater than one year; or if the |
||||||
| 20 | person has never been issued a driver's license or permit, |
||||||
| 21 | or is not qualified to obtain a driver's license or permit |
||||||
| 22 | because of his age. |
||||||
| 23 | 3. A petty offense if the person has been issued a |
||||||
| 24 | temporary visitor's driver's license or permit and is |
||||||
| 25 | unable to provide proof of liability insurance as provided |
||||||
|
|
|||||||
|
|||||||
| 1 | in subsection (d-5) of Section 6-105.1. |
||||||
| 2 | If a licensee under this Code is convicted of violating |
||||||
| 3 | Section 6-303 for operating a motor vehicle during a time when |
||||||
| 4 | such licensee's driver's license was suspended under the |
||||||
| 5 | provisions of Section 6-306.3, then such act shall be a petty |
||||||
| 6 | offense (provided the licensee has answered the charge which |
||||||
| 7 | was the basis of the suspension under Section 6-306.3), and |
||||||
| 8 | there shall be imposed no additional like period of suspension |
||||||
| 9 | as provided in paragraph (b) of Section 6-303. |
||||||
| 10 | (Source: P.A. 96-607, eff. 8-24-09.)". |
||||||
