P.A. 97-1157 (SB 957); Effective Date: November 28, 2013 (10 months after becoming law)

Statues Amended: 625 ILCS 5/6-105.1; 625 ILCS 5/6-601; 5 ILCS 230/10; 30 ILCS 105/5.836 (new)

Public Act 97-1157, signed into law by the Governor on January 28, 2013, allows undocumented immigrants in Illinois to obtain special “temporary visitor’s driver’s licenses.”

The Act grants the Secretary of State the authority to issue a temporary visitor’s driver’s license to applicants who meet the following criteria: (i) resided in Illinois for at least one year, (ii) are ineligible to obtain a social security number, and (iii) are unable to present documentation issued by the U.S. Citizenship and Immigration Services authorizing their presence in this country. The license is valid for three years from the date of issuance.

To apply for the license, the applicant must submit a valid unexpired passport from their country of citizenship or a valid unexpired consular identification document issued by a consulate of that country, as defined in 5 ILCS 230/5.

The Act makes clear that the license may not be accepted as proof of identity. This is stated on the face of the license in capitalized letters. The significance of this provision is that it is not acceptable at closings for parties to present a temporary visitor’s driver’s license for identification purposes.

In addition, the license is invalid if the holder is unable to provide proof of liability insurance when requested by a law enforcement officer. It is considered a petty offense for any person found to be without liability insurance when driving with a temporary visitor’s driver’s license.

Finally, the Act creates a Driver Services Administration Fund, where all of the fees collected for the issuance of the temporary visitor’s driver’s license are deposited into the Fund and used by the Secretary of State for operational and management costs.