103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3882 Introduced , by Rep. Barbara Hernandez SYNOPSIS AS INTRODUCED: See Index Amends the Illinois Identification Card Act and the Illinois Vehicle Code. Changes the term "non-compliant identification card" to "standard identification card". Changes the definition of "limited term REAL ID compliant identification card" to include cards that have been issued to an individual who has an approved application for asylum in the United States or has entered the United States in refugee status. Allows the Secretary of State to accept, as proof of date of birth and written signature of an applicant for a standard identification card, any passport from the applicant's country of citizenship or a consular identification document validly issued to an applicant. Prohibits the Secretary from releasing highly restricted personal information or personally identifying information or disclose documents to any immigration agent unless it is necessary to comply with a lawful court order, judicial warrant, or subpoena for individual records that specifically requires production of such information or documents. Prohibits the Secretary from entering into or maintaining any agreement regarding the sharing of such information or documents. Provides that no temporary visitor's driver's licenses shall be issued after the effective date of the amendatory Act. Provides that every driver's license application shall state the social security number of the applicant; except if the applicant is applying for a standard driver's license and is ineligible for a social security number, then if the applicant has documentation authorizing the applicant's presence in the country, the applicant shall provide such documentation instead of a social security number. Provides that if applicant does not have documentation authorizing the applicant's presence in the country, the applicant must submit documentation establishing that the applicant has resided in the State for a period in excess of one year and a passport validly issued to the applicant from the applicant's country of citizenship. Makes conforming changes in those Acts and the Consular Identification Document Act and the Election Code. Effective January 1, 2024. LRB103 26790 MXP 53153 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3882 Introduced , by Rep. Barbara Hernandez SYNOPSIS AS INTRODUCED: See Index See Index Amends the Illinois Identification Card Act and the Illinois Vehicle Code. Changes the term "non-compliant identification card" to "standard identification card". Changes the definition of "limited term REAL ID compliant identification card" to include cards that have been issued to an individual who has an approved application for asylum in the United States or has entered the United States in refugee status. Allows the Secretary of State to accept, as proof of date of birth and written signature of an applicant for a standard identification card, any passport from the applicant's country of citizenship or a consular identification document validly issued to an applicant. Prohibits the Secretary from releasing highly restricted personal information or personally identifying information or disclose documents to any immigration agent unless it is necessary to comply with a lawful court order, judicial warrant, or subpoena for individual records that specifically requires production of such information or documents. Prohibits the Secretary from entering into or maintaining any agreement regarding the sharing of such information or documents. Provides that no temporary visitor's driver's licenses shall be issued after the effective date of the amendatory Act. Provides that every driver's license application shall state the social security number of the applicant; except if the applicant is applying for a standard driver's license and is ineligible for a social security number, then if the applicant has documentation authorizing the applicant's presence in the country, the applicant shall provide such documentation instead of a social security number. Provides that if applicant does not have documentation authorizing the applicant's presence in the country, the applicant must submit documentation establishing that the applicant has resided in the State for a period in excess of one year and a passport validly issued to the applicant from the applicant's country of citizenship. Makes conforming changes in those Acts and the Consular Identification Document Act and the Election Code. Effective January 1, 2024. LRB103 26790 MXP 53153 b LRB103 26790 MXP 53153 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3882 Introduced , by Rep. Barbara Hernandez SYNOPSIS AS INTRODUCED: See Index See Index See Index Amends the Illinois Identification Card Act and the Illinois Vehicle Code. Changes the term "non-compliant identification card" to "standard identification card". Changes the definition of "limited term REAL ID compliant identification card" to include cards that have been issued to an individual who has an approved application for asylum in the United States or has entered the United States in refugee status. Allows the Secretary of State to accept, as proof of date of birth and written signature of an applicant for a standard identification card, any passport from the applicant's country of citizenship or a consular identification document validly issued to an applicant. Prohibits the Secretary from releasing highly restricted personal information or personally identifying information or disclose documents to any immigration agent unless it is necessary to comply with a lawful court order, judicial warrant, or subpoena for individual records that specifically requires production of such information or documents. Prohibits the Secretary from entering into or maintaining any agreement regarding the sharing of such information or documents. Provides that no temporary visitor's driver's licenses shall be issued after the effective date of the amendatory Act. Provides that every driver's license application shall state the social security number of the applicant; except if the applicant is applying for a standard driver's license and is ineligible for a social security number, then if the applicant has documentation authorizing the applicant's presence in the country, the applicant shall provide such documentation instead of a social security number. Provides that if applicant does not have documentation authorizing the applicant's presence in the country, the applicant must submit documentation establishing that the applicant has resided in the State for a period in excess of one year and a passport validly issued to the applicant from the applicant's country of citizenship. Makes conforming changes in those Acts and the Consular Identification Document Act and the Election Code. Effective January 1, 2024. LRB103 26790 MXP 53153 b LRB103 26790 MXP 53153 b LRB103 26790 MXP 53153 b A BILL FOR HB3882LRB103 26790 MXP 53153 b HB3882 LRB103 26790 MXP 53153 b HB3882 LRB103 26790 MXP 53153 b 1 AN ACT concerning transportation. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Consular Identification Document Act is 5 amended by changing Section 10 as follows: 6 (5 ILCS 230/10) 7 Sec. 10. Acceptance of consular identification document. 8 (a) When requiring members of the public to provide 9 identification, each State agency and officer and unit of 10 local government shall accept a consular identification 11 document as valid identification of a person. 12 (b) A consular identification document shall be accepted 13 for purposes of identification only and does not convey an 14 independent right to receive benefits of any type. 15 (c) A consular identification document may not be accepted 16 as identification for obtaining a REAL ID compliant driver's 17 license, as defined by Section 6-100 of the Vehicle Code, 18 other than a temporary visitor's driver's license, or 19 registering to vote. 20 (d) A consular identification document does not establish 21 or indicate lawful U.S. immigration status and may not be 22 viewed as valid for that purpose, nor does a consular 23 identification document establish a foreign national's right 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3882 Introduced , by Rep. Barbara Hernandez SYNOPSIS AS INTRODUCED: See Index See Index See Index Amends the Illinois Identification Card Act and the Illinois Vehicle Code. Changes the term "non-compliant identification card" to "standard identification card". Changes the definition of "limited term REAL ID compliant identification card" to include cards that have been issued to an individual who has an approved application for asylum in the United States or has entered the United States in refugee status. Allows the Secretary of State to accept, as proof of date of birth and written signature of an applicant for a standard identification card, any passport from the applicant's country of citizenship or a consular identification document validly issued to an applicant. Prohibits the Secretary from releasing highly restricted personal information or personally identifying information or disclose documents to any immigration agent unless it is necessary to comply with a lawful court order, judicial warrant, or subpoena for individual records that specifically requires production of such information or documents. Prohibits the Secretary from entering into or maintaining any agreement regarding the sharing of such information or documents. Provides that no temporary visitor's driver's licenses shall be issued after the effective date of the amendatory Act. Provides that every driver's license application shall state the social security number of the applicant; except if the applicant is applying for a standard driver's license and is ineligible for a social security number, then if the applicant has documentation authorizing the applicant's presence in the country, the applicant shall provide such documentation instead of a social security number. Provides that if applicant does not have documentation authorizing the applicant's presence in the country, the applicant must submit documentation establishing that the applicant has resided in the State for a period in excess of one year and a passport validly issued to the applicant from the applicant's country of citizenship. Makes conforming changes in those Acts and the Consular Identification Document Act and the Election Code. Effective January 1, 2024. LRB103 26790 MXP 53153 b LRB103 26790 MXP 53153 b LRB103 26790 MXP 53153 b A BILL FOR See Index LRB103 26790 MXP 53153 b HB3882 LRB103 26790 MXP 53153 b HB3882- 2 -LRB103 26790 MXP 53153 b HB3882 - 2 - LRB103 26790 MXP 53153 b HB3882 - 2 - LRB103 26790 MXP 53153 b 1 to be in the United States or remain in the United States. 2 (e) The requirements of subsection (a) do not apply if: 3 (1) a federal law, regulation, or directive or a 4 federal court decision requires a State agency or officer 5 or a unit of local government to obtain different 6 identification; 7 (2) a federal law, regulation, or directive preempts 8 state regulation of identification requirements; or 9 (3) a State agency or officer or a unit of local 10 government would be unable to comply with a condition 11 imposed by a funding source which would cause the State 12 agency or officer or unit of local government to lose 13 funds from that source. 14 (f) Nothing in subsection (a) shall be construed to 15 prohibit a State agency or officer or a unit of local 16 government from: 17 (1) requiring additional information from persons in 18 order to verify a current address or other facts that 19 would enable the State agency or officer or unit of local 20 government to fulfill its responsibilities, except that 21 this paragraph (1) does not permit a State agency or 22 officer or a unit of local government to require 23 additional information solely in order to establish 24 identification of the person when the consular 25 identification document is the form of identification 26 presented; HB3882 - 2 - LRB103 26790 MXP 53153 b HB3882- 3 -LRB103 26790 MXP 53153 b HB3882 - 3 - LRB103 26790 MXP 53153 b HB3882 - 3 - LRB103 26790 MXP 53153 b 1 (2) requiring fingerprints for identification purposes 2 under circumstances where the State agency or officer or 3 unit of local government also requires fingerprints from 4 persons who have a driver's license or Illinois 5 Identification Card; or 6 (3) requiring additional evidence of identification if 7 the State agency or officer or unit of local government 8 reasonably believes that: (A) the consular identification 9 document is forged, fraudulent, or altered; or (B) the 10 holder does not appear to be the same person on the 11 consular identification document. 12 (Source: P.A. 97-1157, eff. 11-28-13.) 13 Section 10. The Election Code is amended by changing 14 Section 1A-16.1 as follows: 15 (10 ILCS 5/1A-16.1) 16 Sec. 1A-16.1. Automatic voter registration; Secretary of 17 State. 18 (a) The Office of the Secretary of State and the State 19 Board of Elections, pursuant to an interagency contract and 20 jointly-adopted rules, shall establish an automatic voter 21 registration program that satisfies the requirements of this 22 Section and other applicable law. 23 (b) If an application, an application for renewal, a 24 change of address form, or a recertification form for a HB3882 - 3 - LRB103 26790 MXP 53153 b HB3882- 4 -LRB103 26790 MXP 53153 b HB3882 - 4 - LRB103 26790 MXP 53153 b HB3882 - 4 - LRB103 26790 MXP 53153 b 1 driver's license, other than a temporary visitor's driver's 2 license, or a State identification card issued by the Office 3 of the Secretary of State meets the requirements of the 4 federal REAL ID Act of 2005, then that application shall serve 5 as a dual-purpose application. The dual-purpose application 6 shall: 7 (1) also serve as an application to register to vote 8 in Illinois; 9 (2) allow an applicant to change his or her registered 10 residence address or name as it appears on the voter 11 registration rolls; 12 (3) provide the applicant with an opportunity to 13 affirmatively decline to register to vote or to change his 14 or her registered residence address or name by providing a 15 check box on the application form without requiring the 16 applicant to state the reason; and 17 (4) unless the applicant declines to register to vote 18 or change his or her registered residence address or name, 19 require the applicant to attest, by signature under 20 penalty of perjury as described in subsection (e) of this 21 Section, to meeting the qualifications to register to vote 22 in Illinois at his or her residence address as indicated 23 on his or her driver's license or identification card 24 dual-purpose application. 25 (b-5) If an application, an application for renewal, a 26 change of address form, or a recertification form for a HB3882 - 4 - LRB103 26790 MXP 53153 b HB3882- 5 -LRB103 26790 MXP 53153 b HB3882 - 5 - LRB103 26790 MXP 53153 b HB3882 - 5 - LRB103 26790 MXP 53153 b 1 driver's license, other than a temporary visitor's driver's 2 license, or a State identification card issued by the Office 3 of the Secretary of State, other than an application or form 4 that pertains to a standard driver's license or identification 5 card and does not list a social security number for the 6 applicant, does not meet the requirements of the federal REAL 7 ID Act of 2005, then that application shall serve as a 8 dual-purpose application. The dual-purpose application shall: 9 (1) also serve as an application to register to vote 10 in Illinois; 11 (2) allow an applicant to change his or her registered 12 residence address or name as it appears on the voter 13 registration rolls; and 14 (3) if the applicant chooses to register to vote or to 15 change his or her registered residence address or name, 16 then require the applicant to attest, by a separate 17 signature under penalty of perjury, to meeting the 18 qualifications to register to vote in Illinois at his or 19 her residence address as indicated on his or her 20 dual-purpose application. 21 (b-10) The Office of the Secretary of State shall clearly 22 and conspicuously inform each applicant in writing: (i) of the 23 qualifications to register to vote in Illinois, (ii) of the 24 penalties provided by law for submission of a false voter 25 registration application, (iii) that, unless the applicant 26 declines to register to vote or update his or her voter HB3882 - 5 - LRB103 26790 MXP 53153 b HB3882- 6 -LRB103 26790 MXP 53153 b HB3882 - 6 - LRB103 26790 MXP 53153 b HB3882 - 6 - LRB103 26790 MXP 53153 b 1 registration, his or her dual-purpose application shall also 2 serve as both an application to register to vote and his or her 3 attestation that he or she meets the eligibility requirements 4 for voter registration, and that his or her application to 5 register to vote or update his or her registration will be 6 transmitted to the State Board of Elections for the purpose of 7 registering the person to vote at the residence address to be 8 indicated on his or her driver's license or identification 9 card, and (iv) that declining to register to vote is 10 confidential and will not affect any services the person may 11 be seeking from the Office of the Secretary of State. 12 (c) The Office of the Secretary of State shall review 13 information provided to the Office of the Secretary of State 14 by the State Board of Elections to inform each applicant for a 15 driver's license or permit, other than a temporary visitor's 16 driver's license, or a State identification card issued by the 17 Office of the Secretary of State, other than an application or 18 form that pertains to a standard driver's license or 19 identification card and does not list a social security number 20 for the applicant, whether the applicant is currently 21 registered to vote in Illinois and, if registered, at what 22 address. 23 (d) The Office of the Secretary of State shall not require 24 an applicant for a driver's license or State identification 25 card to provide duplicate identification or information in 26 order to complete an application to register to vote or change HB3882 - 6 - LRB103 26790 MXP 53153 b HB3882- 7 -LRB103 26790 MXP 53153 b HB3882 - 7 - LRB103 26790 MXP 53153 b HB3882 - 7 - LRB103 26790 MXP 53153 b 1 his or her registered residence address or name. Before 2 transmitting any personal information about an applicant to 3 the State Board of Elections, the Office of the Secretary of 4 State shall review its records of the identification documents 5 the applicant provided in order to complete the application 6 for a driver's license or State identification card, to 7 confirm that nothing in those documents indicates that the 8 applicant does not satisfy the qualifications to register to 9 vote in Illinois at his or her residence address. 10 (e) A completed, signed application for (i) a driver's 11 license or permit, other than a temporary visitor's driver's 12 license, or a State identification card issued by the Office 13 of the Secretary of State, that meets the requirements of the 14 federal REAL ID Act of 2005; or (ii) a completed application 15 under subsection (b-5) of this Section with a separate 16 signature attesting the applicant meets the qualifications to 17 register to vote in Illinois at his or her residence address as 18 indicated on his or her application shall constitute a signed 19 application to register to vote in Illinois at the residence 20 address indicated in the application unless the person 21 affirmatively declined in the application to register to vote 22 or to change his or her registered residence address or name. 23 If the identification documents provided to complete the 24 dual-purpose application indicate that he or she does not 25 satisfy the qualifications to register to vote in Illinois at 26 his or her residence address, the application shall be marked HB3882 - 7 - LRB103 26790 MXP 53153 b HB3882- 8 -LRB103 26790 MXP 53153 b HB3882 - 8 - LRB103 26790 MXP 53153 b HB3882 - 8 - LRB103 26790 MXP 53153 b 1 as incomplete. 2 (f) For each completed and signed application that 3 constitutes an application to register to vote in Illinois or 4 provides for a change in the applicant's registered residence 5 address or name, the Office of the Secretary of State shall 6 electronically transmit to the State Board of Elections 7 personal information needed to complete the person's 8 registration to vote in Illinois at his or her residence 9 address. The application to register to vote shall be 10 processed in accordance with Section 1A-16.7. 11 (g) If the federal REAL ID Act of 2005 is repealed, 12 abrogated, superseded, or otherwise no longer in effect, then 13 the State Board of Elections shall establish criteria for 14 determining reliable personal information indicating 15 citizenship status and shall adopt rules as necessary for the 16 Secretary of State to continue processing dual-purpose 17 applications under this Section. 18 (h) As used in this Section, "dual-purpose application" 19 means an application, an application for renewal, a change of 20 address form, or a recertification form for driver's license 21 or permit, other than a temporary visitor's driver's license, 22 or a State identification card offered by the Secretary of 23 State, other than an application or form that pertains to a 24 standard driver's license or identification card and does not 25 list a social security number for the applicant, that also 26 serves as an application to register to vote in Illinois. HB3882 - 8 - LRB103 26790 MXP 53153 b HB3882- 9 -LRB103 26790 MXP 53153 b HB3882 - 9 - LRB103 26790 MXP 53153 b HB3882 - 9 - LRB103 26790 MXP 53153 b 1 "Dual-purpose application" does not mean an application under 2 subsection (c) of Section 6-109 of the Illinois Vehicle Code. 3 (Source: P.A. 100-464, eff. 8-28-17.) 4 Section 15. The Illinois Identification Card Act is 5 amended by changing Sections 1A, 2, 4, 4D, 5, 8, and 11 as 6 follows: 7 (15 ILCS 335/1A) 8 Sec. 1A. Definitions. As used in this Act: 9 "Highly restricted personal information" means an 10 individual's photograph, signature, social security number, 11 and medical or disability information. 12 "Identification card making implement" means any material, 13 hardware, or software that is specifically designed for or 14 primarily used in the manufacture, assembly, issuance, or 15 authentication of an official identification card issued by 16 the Secretary of State. 17 "Fraudulent identification card" means any identification 18 card that purports to be an official identification card for 19 which a computerized number and file have not been created by 20 the Secretary of State, the United States Government or any 21 state or political subdivision thereof, or any governmental or 22 quasi-governmental organization. For the purpose of this Act, 23 any identification card that resembles an official 24 identification card in either size, color, photograph HB3882 - 9 - LRB103 26790 MXP 53153 b HB3882- 10 -LRB103 26790 MXP 53153 b HB3882 - 10 - LRB103 26790 MXP 53153 b HB3882 - 10 - LRB103 26790 MXP 53153 b 1 location, or design or uses the word "official", "state", 2 "Illinois", or the name of any other state or political 3 subdivision thereof, or any governmental or quasi-governmental 4 organization individually or in any combination thereof to 5 describe or modify the term "identification card" or "I.D. 6 card" anywhere on the card, or uses a shape in the likeness of 7 Illinois or any other state on the photograph side of the card, 8 is deemed to be a fraudulent identification card unless the 9 words "This is not an official Identification Card", appear 10 prominently upon it in black colored lettering in 12-point 11 type on the photograph side of the card, and no such card shall 12 be smaller in size than 3 inches by 4 inches, and the 13 photograph shall be on the left side of the card only. 14 "Legal name" means the full given name and surname of an 15 individual as recorded at birth, recorded at marriage, or 16 deemed as the correct legal name for use in reporting income by 17 the Social Security Administration or the name as otherwise 18 established through legal action that appears on the 19 associated official document presented to the Secretary of 20 State. 21 "Personally identifying information" means information 22 that identifies an individual, including his or her 23 identification card number, name, address (but not the 5-digit 24 zip code), date of birth, height, weight, hair color, eye 25 color, email address, and telephone number. 26 "Homeless person" or "homeless individual" has the same HB3882 - 10 - LRB103 26790 MXP 53153 b HB3882- 11 -LRB103 26790 MXP 53153 b HB3882 - 11 - LRB103 26790 MXP 53153 b HB3882 - 11 - LRB103 26790 MXP 53153 b 1 meaning as defined by the federal McKinney-Vento Homeless 2 Assistance Act, 42 U.S.C. 11302, or 42 U.S.C. 11434a(2). 3 "Youth for whom the Department of Children and Family 4 Services is legally responsible" or "foster child" means a 5 child or youth whose guardianship or custody has been accepted 6 by the Department of Children and Family Services pursuant to 7 the Juvenile Court Act of 1987, the Children and Family 8 Services Act, the Abused and Neglected Child Reporting Act, 9 and the Adoption Act. This applies to children for whom the 10 Department of Children and Family Services has temporary 11 protective custody, custody or guardianship via court order, 12 or children whose parents have signed an adoptive surrender or 13 voluntary placement agreement with the Department. 14 "REAL ID compliant identification card" means a standard 15 Illinois Identification Card or Illinois Person with a 16 Disability Identification Card issued in compliance with the 17 REAL ID Act and implementing regulations. REAL ID compliant 18 identification cards shall bear a security marking approved by 19 the United States Department of Homeland Security. 20 "Standard Non-compliant identification card" means a 21 standard Illinois Identification Card or Illinois Person with 22 a Disability Identification Card issued in a manner which is 23 not compliant with the REAL ID Act and implementing 24 regulations. Standard Non-compliant identification cards shall 25 be marked "Not for Federal Identification" and shall have a 26 color or design different from the REAL ID compliant HB3882 - 11 - LRB103 26790 MXP 53153 b HB3882- 12 -LRB103 26790 MXP 53153 b HB3882 - 12 - LRB103 26790 MXP 53153 b HB3882 - 12 - LRB103 26790 MXP 53153 b 1 identification card. 2 "Limited Term REAL ID compliant identification card" means 3 a REAL ID compliant identification card that is issued to 4 persons who are not permanent residents or citizens of the 5 United States, or an individual who has an approved 6 application for asylum in the United States or has entered the 7 United States in refugee status, and is marked "Limited Term" 8 on the face of the card. 9 (Source: P.A. 100-201, eff. 8-18-17; 100-248, eff. 8-22-17; 10 101-326, eff. 8-9-19.) 11 (15 ILCS 335/2) (from Ch. 124, par. 22) 12 Sec. 2. Administration and powers and duties of the 13 Administrator. 14 (a) The Secretary of State is the Administrator of this 15 Act, and he is charged with the duty of observing, 16 administering and enforcing the provisions of this Act. 17 (b) The Secretary is vested with the powers and duties for 18 the proper administration of this Act as follows: 19 1. He shall organize the administration of this Act as 20 he may deem necessary and appoint such subordinate 21 officers, clerks and other employees as may be necessary. 22 2. From time to time, he may make, amend or rescind 23 rules and regulations as may be in the public interest to 24 implement the Act. 25 3. He may prescribe or provide suitable forms as HB3882 - 12 - LRB103 26790 MXP 53153 b HB3882- 13 -LRB103 26790 MXP 53153 b HB3882 - 13 - LRB103 26790 MXP 53153 b HB3882 - 13 - LRB103 26790 MXP 53153 b 1 necessary, including such forms as are necessary to 2 establish that an applicant for an Illinois Person with a 3 Disability Identification Card is a "person with a 4 disability" as defined in Section 4A of this Act, and 5 establish that an applicant for a State identification 6 card is a "homeless person" as defined in Section 1A of 7 this Act. 8 4. He may prepare under the seal of the Secretary of 9 State certified copies of any records utilized under this 10 Act and any such certified copy shall be admissible in any 11 proceeding in any court in like manner as the original 12 thereof. 13 5. Records compiled under this Act shall be maintained 14 for 6 years, but the Secretary may destroy such records 15 with the prior approval of the State Records Commission. 16 6. He shall examine and determine the genuineness, 17 regularity and legality of every application filed with 18 him under this Act, and he may in all cases investigate the 19 same, require additional information or proof or 20 documentation from any applicant. 21 7. He shall require the payment of all fees prescribed 22 in this Act, and all such fees received by him shall be 23 placed in the Road Fund of the State treasury except as 24 otherwise provided in Section 12 of this Act. Whenever any 25 application to the Secretary for an identification card 26 under this Act is accompanied by any fee, as required by HB3882 - 13 - LRB103 26790 MXP 53153 b HB3882- 14 -LRB103 26790 MXP 53153 b HB3882 - 14 - LRB103 26790 MXP 53153 b HB3882 - 14 - LRB103 26790 MXP 53153 b 1 law, and the application is denied after a review of 2 eligibility, which may include facial recognition 3 comparison, the applicant shall not be entitled to a 4 refund of any fees paid. 5 8. Beginning July 1, 2017, he shall refuse to issue a 6 REAL ID compliant identification card under this Act to 7 any person who has been issued a REAL ID compliant 8 driver's license under the Illinois Vehicle Code. Any such 9 person may, at his or her discretion, surrender the REAL 10 ID compliant driver's license in order to become eligible 11 to obtain a REAL ID compliant identification card. 12 9. The Secretary may issue both REAL ID compliant 13 identification cards and standard non-compliant 14 identification cards, and may permit applicants to 15 designate which type of identification card they wish to 16 receive. All provisions of this Act applicable to standard 17 non-compliant identification cards shall also apply to 18 REAL ID compliant identification cards, except where the 19 provisions are inconsistent with the REAL ID Act and 20 implementing regulations. The Secretary shall establish by 21 rule the date on which issuance of REAL ID compliant 22 identification cards will begin. 23 (Source: P.A. 99-143, eff. 7-27-15; 99-305, eff. 1-1-16; 24 99-511, eff. 1-1-17; 99-642, eff. 7-28-16; 100-248, eff. 25 8-22-17.) HB3882 - 14 - LRB103 26790 MXP 53153 b HB3882- 15 -LRB103 26790 MXP 53153 b HB3882 - 15 - LRB103 26790 MXP 53153 b HB3882 - 15 - LRB103 26790 MXP 53153 b 1 (15 ILCS 335/4) (from Ch. 124, par. 24) 2 Sec. 4. Identification card. 3 (a) The Secretary of State shall issue a standard Illinois 4 Identification Card to any natural person who is a resident of 5 the State of Illinois who applies for such card, or renewal 6 thereof. No identification card shall be issued to any person 7 who holds a valid foreign state identification card, license, 8 or permit unless the person first surrenders to the Secretary 9 of State the valid foreign state identification card, license, 10 or permit. The card shall be prepared and supplied by the 11 Secretary of State and shall include a photograph and 12 signature or mark of the applicant. However, the Secretary of 13 State may provide by rule for the issuance of Illinois 14 Identification Cards without photographs if the applicant has 15 a bona fide religious objection to being photographed or to 16 the display of his or her photograph. The Illinois 17 Identification Card may be used for identification purposes in 18 any lawful situation only by the person to whom it was issued. 19 As used in this Act, "photograph" means any color photograph 20 or digitally produced and captured image of an applicant for 21 an identification card. As used in this Act, "signature" means 22 the name of a person as written by that person and captured in 23 a manner acceptable to the Secretary of State. 24 (a-5) If an applicant for an identification card has a 25 current driver's license or instruction permit issued by the 26 Secretary of State, the Secretary may require the applicant to HB3882 - 15 - LRB103 26790 MXP 53153 b HB3882- 16 -LRB103 26790 MXP 53153 b HB3882 - 16 - LRB103 26790 MXP 53153 b HB3882 - 16 - LRB103 26790 MXP 53153 b 1 utilize the same residence address and name on the 2 identification card, driver's license, and instruction permit 3 records maintained by the Secretary. The Secretary may 4 promulgate rules to implement this provision. 5 (a-10) If the applicant is a judicial officer as defined 6 in Section 1-10 of the Judicial Privacy Act or a peace officer, 7 the applicant may elect to have his or her office or work 8 address listed on the card instead of the applicant's 9 residence or mailing address. The Secretary may promulgate 10 rules to implement this provision. For the purposes of this 11 subsection (a-10), "peace officer" means any person who by 12 virtue of his or her office or public employment is vested by 13 law with a duty to maintain public order or to make arrests for 14 a violation of any penal statute of this State, whether that 15 duty extends to all violations or is limited to specific 16 violations. 17 (a-15) The Secretary of State may provide for an expedited 18 process for the issuance of an Illinois Identification Card. 19 The Secretary shall charge an additional fee for the expedited 20 issuance of an Illinois Identification Card, to be set by 21 rule, not to exceed $75. All fees collected by the Secretary 22 for expedited Illinois Identification Card service shall be 23 deposited into the Secretary of State Special Services Fund. 24 The Secretary may adopt rules regarding the eligibility, 25 process, and fee for an expedited Illinois Identification 26 Card. If the Secretary of State determines that the volume of HB3882 - 16 - LRB103 26790 MXP 53153 b HB3882- 17 -LRB103 26790 MXP 53153 b HB3882 - 17 - LRB103 26790 MXP 53153 b HB3882 - 17 - LRB103 26790 MXP 53153 b 1 expedited identification card requests received on a given day 2 exceeds the ability of the Secretary to process those requests 3 in an expedited manner, the Secretary may decline to provide 4 expedited services, and the additional fee for the expedited 5 service shall be refunded to the applicant. 6 (a-20) The Secretary of State shall issue a standard 7 Illinois Identification Card to a committed person upon 8 release on parole, mandatory supervised release, aftercare 9 release, final discharge, or pardon from the Department of 10 Corrections or Department of Juvenile Justice, if the released 11 person presents a certified copy of his or her birth 12 certificate, social security card, if the person has one, or 13 other documents authorized by the Secretary, and 2 documents 14 proving his or her Illinois residence address. Documents 15 proving residence address may include any official document of 16 the Department of Corrections or the Department of Juvenile 17 Justice showing the released person's address after release 18 and a Secretary of State prescribed certificate of residency 19 form, which may be executed by Department of Corrections or 20 Department of Juvenile Justice personnel. 21 (a-25) The Secretary of State shall issue a limited-term 22 Illinois Identification Card valid for 90 days to a committed 23 person upon release on parole, mandatory supervised release, 24 aftercare release, final discharge, or pardon from the 25 Department of Corrections or Department of Juvenile Justice, 26 if the released person is unable to present a certified copy of HB3882 - 17 - LRB103 26790 MXP 53153 b HB3882- 18 -LRB103 26790 MXP 53153 b HB3882 - 18 - LRB103 26790 MXP 53153 b HB3882 - 18 - LRB103 26790 MXP 53153 b 1 his or her birth certificate and social security card, if the 2 person has one, or other documents authorized by the 3 Secretary, but does present a Secretary of State prescribed 4 verification form completed by the Department of Corrections 5 or Department of Juvenile Justice, verifying the released 6 person's date of birth and social security number, if the 7 person has one, and 2 documents proving his or her Illinois 8 residence address. The verification form must have been 9 completed no more than 30 days prior to the date of application 10 for the Illinois Identification Card. Documents proving 11 residence address shall include any official document of the 12 Department of Corrections or the Department of Juvenile 13 Justice showing the person's address after release and a 14 Secretary of State prescribed certificate of residency, which 15 may be executed by Department of Corrections or Department of 16 Juvenile Justice personnel. 17 Prior to the expiration of the 90-day period of the 18 limited-term Illinois Identification Card, if the released 19 person submits to the Secretary of State a certified copy of 20 his or her birth certificate and his or her social security 21 card, if the person has one, or other documents authorized by 22 the Secretary, a standard Illinois Identification Card shall 23 be issued. A limited-term Illinois Identification Card may not 24 be renewed. 25 (a-30) The Secretary of State shall issue a standard 26 Illinois Identification Card to a person upon conditional HB3882 - 18 - LRB103 26790 MXP 53153 b HB3882- 19 -LRB103 26790 MXP 53153 b HB3882 - 19 - LRB103 26790 MXP 53153 b HB3882 - 19 - LRB103 26790 MXP 53153 b 1 release or absolute discharge from the custody of the 2 Department of Human Services, if the person presents a 3 certified copy of his or her birth certificate, social 4 security card, if the person has one, or other documents 5 authorized by the Secretary, and a document proving his or her 6 Illinois residence address. The Secretary of State shall issue 7 a standard Illinois Identification Card to a person prior to 8 his or her conditional release or absolute discharge if 9 personnel from the Department of Human Services bring the 10 person to a Secretary of State location with the required 11 documents. Documents proving residence address may include any 12 official document of the Department of Human Services showing 13 the person's address after release and a Secretary of State 14 prescribed verification form, which may be executed by 15 personnel of the Department of Human Services. 16 (a-35) The Secretary of State shall issue a limited-term 17 Illinois Identification Card valid for 90 days to a person 18 upon conditional release or absolute discharge from the 19 custody of the Department of Human Services, if the person is 20 unable to present a certified copy of his or her birth 21 certificate and social security card, if the person has one, 22 or other documents authorized by the Secretary, but does 23 present a Secretary of State prescribed verification form 24 completed by the Department of Human Services, verifying the 25 person's date of birth and social security number, if the 26 person has one, and a document proving his or her Illinois HB3882 - 19 - LRB103 26790 MXP 53153 b HB3882- 20 -LRB103 26790 MXP 53153 b HB3882 - 20 - LRB103 26790 MXP 53153 b HB3882 - 20 - LRB103 26790 MXP 53153 b 1 residence address. The verification form must have been 2 completed no more than 30 days prior to the date of application 3 for the Illinois Identification Card. The Secretary of State 4 shall issue a limited-term Illinois Identification Card to a 5 person no sooner than 14 days prior to his or her conditional 6 release or absolute discharge if personnel from the Department 7 of Human Services bring the person to a Secretary of State 8 location with the required documents. Documents proving 9 residence address shall include any official document of the 10 Department of Human Services showing the person's address 11 after release and a Secretary of State prescribed verification 12 form, which may be executed by personnel of the Department of 13 Human Services. 14 (b) The Secretary of State shall issue a special Illinois 15 Identification Card, which shall be known as an Illinois 16 Person with a Disability Identification Card, to any natural 17 person who is a resident of the State of Illinois, who is a 18 person with a disability as defined in Section 4A of this Act, 19 who applies for such card, or renewal thereof. No Illinois 20 Person with a Disability Identification Card shall be issued 21 to any person who holds a valid foreign state identification 22 card, license, or permit unless the person first surrenders to 23 the Secretary of State the valid foreign state identification 24 card, license, or permit. The Secretary of State shall charge 25 no fee to issue such card. The card shall be prepared and 26 supplied by the Secretary of State, and shall include a HB3882 - 20 - LRB103 26790 MXP 53153 b HB3882- 21 -LRB103 26790 MXP 53153 b HB3882 - 21 - LRB103 26790 MXP 53153 b HB3882 - 21 - LRB103 26790 MXP 53153 b 1 photograph and signature or mark of the applicant, a 2 designation indicating that the card is an Illinois Person 3 with a Disability Identification Card, and shall include a 4 comprehensible designation of the type and classification of 5 the applicant's disability as set out in Section 4A of this 6 Act. However, the Secretary of State may provide by rule for 7 the issuance of Illinois Person with a Disability 8 Identification Cards without photographs if the applicant has 9 a bona fide religious objection to being photographed or to 10 the display of his or her photograph. If the applicant so 11 requests, the card shall include a description of the 12 applicant's disability and any information about the 13 applicant's disability or medical history which the Secretary 14 determines would be helpful to the applicant in securing 15 emergency medical care. If a mark is used in lieu of a 16 signature, such mark shall be affixed to the card in the 17 presence of two witnesses who attest to the authenticity of 18 the mark. The Illinois Person with a Disability Identification 19 Card may be used for identification purposes in any lawful 20 situation by the person to whom it was issued. 21 The Illinois Person with a Disability Identification Card 22 may be used as adequate documentation of disability in lieu of 23 a physician's determination of disability, a determination of 24 disability from a physician assistant, a determination of 25 disability from an advanced practice registered nurse, or any 26 other documentation of disability whenever any State law HB3882 - 21 - LRB103 26790 MXP 53153 b HB3882- 22 -LRB103 26790 MXP 53153 b HB3882 - 22 - LRB103 26790 MXP 53153 b HB3882 - 22 - LRB103 26790 MXP 53153 b 1 requires that a person with a disability provide such 2 documentation of disability, however an Illinois Person with a 3 Disability Identification Card shall not qualify the 4 cardholder to participate in any program or to receive any 5 benefit which is not available to all persons with like 6 disabilities. Notwithstanding any other provisions of law, an 7 Illinois Person with a Disability Identification Card, or 8 evidence that the Secretary of State has issued an Illinois 9 Person with a Disability Identification Card, shall not be 10 used by any person other than the person named on such card to 11 prove that the person named on such card is a person with a 12 disability or for any other purpose unless the card is used for 13 the benefit of the person named on such card, and the person 14 named on such card consents to such use at the time the card is 15 so used. 16 An optometrist's determination of a visual disability 17 under Section 4A of this Act is acceptable as documentation 18 for the purpose of issuing an Illinois Person with a 19 Disability Identification Card. 20 When medical information is contained on an Illinois 21 Person with a Disability Identification Card, the Office of 22 the Secretary of State shall not be liable for any actions 23 taken based upon that medical information. 24 (c) The Secretary of State shall provide that each 25 original or renewal Illinois Identification Card or Illinois 26 Person with a Disability Identification Card issued to a HB3882 - 22 - LRB103 26790 MXP 53153 b HB3882- 23 -LRB103 26790 MXP 53153 b HB3882 - 23 - LRB103 26790 MXP 53153 b HB3882 - 23 - LRB103 26790 MXP 53153 b 1 person under the age of 21 shall be of a distinct nature from 2 those Illinois Identification Cards or Illinois Person with a 3 Disability Identification Cards issued to individuals 21 years 4 of age or older. The color designated for Illinois 5 Identification Cards or Illinois Person with a Disability 6 Identification Cards for persons under the age of 21 shall be 7 at the discretion of the Secretary of State. 8 (c-1) Each original or renewal Illinois Identification 9 Card or Illinois Person with a Disability Identification Card 10 issued to a person under the age of 21 shall display the date 11 upon which the person becomes 18 years of age and the date upon 12 which the person becomes 21 years of age. 13 (c-3) The General Assembly recognizes the need to identify 14 military veterans living in this State for the purpose of 15 ensuring that they receive all of the services and benefits to 16 which they are legally entitled, including healthcare, 17 education assistance, and job placement. To assist the State 18 in identifying these veterans and delivering these vital 19 services and benefits, the Secretary of State is authorized to 20 issue Illinois Identification Cards and Illinois Person with a 21 Disability Identification Cards with the word "veteran" 22 appearing on the face of the cards. This authorization is 23 predicated on the unique status of veterans. The Secretary may 24 not issue any other identification card which identifies an 25 occupation, status, affiliation, hobby, or other unique 26 characteristics of the identification card holder which is HB3882 - 23 - LRB103 26790 MXP 53153 b HB3882- 24 -LRB103 26790 MXP 53153 b HB3882 - 24 - LRB103 26790 MXP 53153 b HB3882 - 24 - LRB103 26790 MXP 53153 b 1 unrelated to the purpose of the identification card. 2 (c-5) Beginning on or before July 1, 2015, the Secretary 3 of State shall designate a space on each original or renewal 4 identification card where, at the request of the applicant, 5 the word "veteran" shall be placed. The veteran designation 6 shall be available to a person identified as a veteran under 7 subsection (b) of Section 5 of this Act who was discharged or 8 separated under honorable conditions. 9 (d) The Secretary of State may issue a Senior Citizen 10 discount card, to any natural person who is a resident of the 11 State of Illinois who is 60 years of age or older and who 12 applies for such a card or renewal thereof. The Secretary of 13 State shall charge no fee to issue such card. The card shall be 14 issued in every county and applications shall be made 15 available at, but not limited to, nutrition sites, senior 16 citizen centers and Area Agencies on Aging. The applicant, 17 upon receipt of such card and prior to its use for any purpose, 18 shall have affixed thereon in the space provided therefor his 19 signature or mark. 20 (e) The Secretary of State, in his or her discretion, may 21 designate on each Illinois Identification Card or Illinois 22 Person with a Disability Identification Card a space where the 23 card holder may place a sticker or decal, issued by the 24 Secretary of State, of uniform size as the Secretary may 25 specify, that shall indicate in appropriate language that the 26 card holder has renewed his or her Illinois Identification HB3882 - 24 - LRB103 26790 MXP 53153 b HB3882- 25 -LRB103 26790 MXP 53153 b HB3882 - 25 - LRB103 26790 MXP 53153 b HB3882 - 25 - LRB103 26790 MXP 53153 b 1 Card or Illinois Person with a Disability Identification Card. 2 (Source: P.A. 102-299, eff. 8-6-21.) 3 (15 ILCS 335/4D) 4 Sec. 4D. Issuance of confidential identification cards. 5 (a) Requirements for use of confidential identification 6 cards. Confidential identification cards may be issued to 7 local, state, and federal government agencies for bona fide 8 law enforcement purposes. The identification cards may be 9 issued in fictitious names and addresses, and may be used only 10 in confidential, investigative, or undercover law enforcement 11 operations. Confidential identification cards may be issued as 12 REAL ID compliant or standard non-compliant identification 13 cards. 14 (b) Application procedures for confidential identification 15 cards: 16 (1) Applications by local, state, and federal 17 government agencies for confidential identification cards 18 must be made to the Secretary of State Police Department 19 on a form and in a manner prescribed by the Secretary of 20 State Police Department. 21 (2) The application form must include information, as 22 specific as possible without compromising investigations 23 or techniques, setting forth the need for the 24 identification cards and the uses to which the 25 identification cards will be limited. HB3882 - 25 - LRB103 26790 MXP 53153 b HB3882- 26 -LRB103 26790 MXP 53153 b HB3882 - 26 - LRB103 26790 MXP 53153 b HB3882 - 26 - LRB103 26790 MXP 53153 b 1 (3) The application form must be signed and verified 2 by the local, state, or federal government agency head or 3 designee. 4 (4) Information maintained by the Secretary of State 5 Police Department for confidential identification cards 6 must show the fictitious names and addresses on all 7 records subject to public disclosure. All other 8 information concerning these confidential identification 9 cards are exempt from disclosure unless the disclosure is 10 ordered by a court of competent jurisdiction. 11 (c) Cancellation procedures for confidential 12 identification cards: 13 (1) The Secretary of State Police Department may 14 cancel or refuse to renew confidential identification 15 cards when they have reasonable cause to believe the cards 16 are being used for purposes other than those set forth in 17 the application form or authorized by this Section. 18 (2) A government agency must request cancellation of 19 confidential identification cards that are no longer 20 required for the purposes for which they were issued. 21 (3) Upon the request of the Secretary of State Police 22 Department, all cancelled confidential identification 23 cards must be promptly returned to the Secretary of State 24 Police Department by the government agency to which they 25 were issued. 26 (Source: P.A. 100-248, eff. 8-22-17.) HB3882 - 26 - LRB103 26790 MXP 53153 b HB3882- 27 -LRB103 26790 MXP 53153 b HB3882 - 27 - LRB103 26790 MXP 53153 b HB3882 - 27 - LRB103 26790 MXP 53153 b 1 (15 ILCS 335/5) (from Ch. 124, par. 25) 2 Sec. 5. Applications. 3 (a) Any natural person who is a resident of the State of 4 Illinois may file an application for an identification card, 5 or for the renewal thereof, in a manner prescribed by the 6 Secretary. Each original application shall be completed by the 7 applicant in full and shall set forth the legal name, 8 residence address and zip code, social security number, if the 9 person has one, birth date, sex and a brief description of the 10 applicant. The applicant shall be photographed, unless the 11 Secretary of State has provided by rule for the issuance of 12 identification cards without photographs and the applicant is 13 deemed eligible for an identification card without a 14 photograph under the terms and conditions imposed by the 15 Secretary of State, and he or she shall also submit any other 16 information as the Secretary may deem necessary or such 17 documentation as the Secretary may require to determine the 18 identity of the applicant. In addition to the residence 19 address, the Secretary may allow the applicant to provide a 20 mailing address. If the applicant is a judicial officer as 21 defined in Section 1-10 of the Judicial Privacy Act or a peace 22 officer, the applicant may elect to have his or her office or 23 work address in lieu of the applicant's residence or mailing 24 address. An applicant for an Illinois Person with a Disability 25 Identification Card must also submit with each original or HB3882 - 27 - LRB103 26790 MXP 53153 b HB3882- 28 -LRB103 26790 MXP 53153 b HB3882 - 28 - LRB103 26790 MXP 53153 b HB3882 - 28 - LRB103 26790 MXP 53153 b 1 renewal application, on forms prescribed by the Secretary, 2 such documentation as the Secretary may require, establishing 3 that the applicant is a "person with a disability" as defined 4 in Section 4A of this Act, and setting forth the applicant's 5 type and class of disability as set forth in Section 4A of this 6 Act. For the purposes of this subsection (a), "peace officer" 7 means any person who by virtue of his or her office or public 8 employment is vested by law with a duty to maintain public 9 order or to make arrests for a violation of any penal statute 10 of this State, whether that duty extends to all violations or 11 is limited to specific violations. 12 (a-5) Upon the first issuance of a request for proposals 13 for a digital driver's license and identification card 14 issuance and facial recognition system issued after January 1, 15 2020 (the effective date of Public Act 101-513), and upon 16 implementation of a new or revised system procured pursuant to 17 that request for proposals, the Secretary shall permit 18 applicants to choose between "male", "female", or "non-binary" 19 when designating the applicant's sex on the identification 20 card application form. The sex designated by the applicant 21 shall be displayed on the identification card issued to the 22 applicant. 23 (b) Beginning on or before July 1, 2015, for each original 24 or renewal identification card application under this Act, the 25 Secretary shall inquire as to whether the applicant is a 26 veteran for purposes of issuing an identification card with a HB3882 - 28 - LRB103 26790 MXP 53153 b HB3882- 29 -LRB103 26790 MXP 53153 b HB3882 - 29 - LRB103 26790 MXP 53153 b HB3882 - 29 - LRB103 26790 MXP 53153 b 1 veteran designation under subsection (c-5) of Section 4 of 2 this Act. The acceptable forms of proof shall include, but are 3 not limited to, Department of Defense form DD-214, Department 4 of Defense form DD-256 for applicants who did not receive a 5 form DD-214 upon the completion of initial basic training, 6 Department of Defense form DD-2 (Retired), an identification 7 card issued under the federal Veterans Identification Card Act 8 of 2015, or a United States Department of Veterans Affairs 9 summary of benefits letter. If the document cannot be stamped, 10 the Illinois Department of Veterans' Affairs shall provide a 11 certificate to the veteran to provide to the Secretary of 12 State. The Illinois Department of Veterans' Affairs shall 13 advise the Secretary as to what other forms of proof of a 14 person's status as a veteran are acceptable. 15 For each applicant who is issued an identification card 16 with a veteran designation, the Secretary shall provide the 17 Department of Veterans' Affairs with the applicant's name, 18 address, date of birth, gender, and such other demographic 19 information as agreed to by the Secretary and the Department. 20 The Department may take steps necessary to confirm the 21 applicant is a veteran. If after due diligence, including 22 writing to the applicant at the address provided by the 23 Secretary, the Department is unable to verify the applicant's 24 veteran status, the Department shall inform the Secretary, who 25 shall notify the applicant that he or she must confirm status 26 as a veteran, or the identification card will be cancelled. HB3882 - 29 - LRB103 26790 MXP 53153 b HB3882- 30 -LRB103 26790 MXP 53153 b HB3882 - 30 - LRB103 26790 MXP 53153 b HB3882 - 30 - LRB103 26790 MXP 53153 b 1 For purposes of this subsection (b): 2 "Armed forces" means any of the Armed Forces of the United 3 States, including a member of any reserve component or 4 National Guard unit. 5 "Veteran" means a person who has served in the armed 6 forces and was discharged or separated under honorable 7 conditions. 8 (c) All applicants for REAL ID compliant standard Illinois 9 Identification Cards and Illinois Person with a Disability 10 Identification Cards shall provide proof of lawful status in 11 the United States as defined in 6 CFR 37.3, as amended. 12 Applicants who are unable to provide the Secretary with proof 13 of lawful status are ineligible for REAL ID compliant 14 identification cards under this Act. 15 (d) The Secretary of State may accept, as proof of date of 16 birth and written signature for any applicant for a standard 17 identification card, any passport validly issued to the 18 applicant from the applicant's country of citizenship or a 19 consular identification document validly issued to the 20 applicant by a consulate of that country as defined in Section 21 5 of the Consular Identification Document Act. 22 (Source: P.A. 101-106, eff. 1-1-20; 101-287, eff. 8-9-19; 23 101-513, eff. 1-1-20; 102-558, eff. 8-20-21.) 24 (15 ILCS 335/8) (from Ch. 124, par. 28) 25 Sec. 8. Expiration. HB3882 - 30 - LRB103 26790 MXP 53153 b HB3882- 31 -LRB103 26790 MXP 53153 b HB3882 - 31 - LRB103 26790 MXP 53153 b HB3882 - 31 - LRB103 26790 MXP 53153 b 1 (a) Except as otherwise provided in this Section: 2 (1) Every identification card issued hereunder, except 3 to persons who have reached their 15th birthday, but are 4 not yet 21 years of age, persons who are 65 years of age or 5 older, and persons who are issued an Illinois Person with 6 a Disability Identification Card, shall expire 5 years 7 from the ensuing birthday of the applicant and a renewal 8 shall expire 5 years thereafter. 9 (2) Every original or renewal identification card 10 issued to a person who has reached his or her 15th 11 birthday, but is not yet 21 years of age shall expire 3 12 months after the person's 21st birthday. 13 (b) Except as provided elsewhere in this Section, every 14 original, renewal, or duplicate: (i) non-REAL ID 15 identification card issued to a person who has reached his or 16 her 65th birthday shall be permanent and need not be renewed; 17 (ii) REAL ID compliant identification card issued on or after 18 July 1, 2017, to a person who has reached his or her 65th 19 birthday shall expire 8 years thereafter; (iii) non-REAL ID 20 Illinois Person with a Disability Identification Card issued 21 to a qualifying person shall expire 10 years thereafter; and 22 (iv) REAL ID compliant Illinois Person with a Disability 23 Identification Card issued on or after July 1, 2017, shall 24 expire 8 years thereafter. The Secretary of State shall 25 promulgate rules setting forth the conditions and criteria for 26 the renewal of all Illinois Person with a Disability HB3882 - 31 - LRB103 26790 MXP 53153 b HB3882- 32 -LRB103 26790 MXP 53153 b HB3882 - 32 - LRB103 26790 MXP 53153 b HB3882 - 32 - LRB103 26790 MXP 53153 b 1 Identification Cards. 2 (c) Every REAL ID compliant identification card or REAL ID 3 compliant Illinois Person with a Disability Identification 4 Card issued under this Act to an applicant who is not a United 5 States citizen or permanent resident, or an individual who has 6 an approved application for asylum in the United States or has 7 entered the United States in refugee status, shall be marked 8 "Limited Term" and shall expire on whichever is the earlier 9 date of the following: 10 (1) as provided under subsection (a) or (b) of this 11 Section; 12 (2) on the date the applicant's authorized stay in the 13 United States terminates; or 14 (3) if the applicant's authorized stay is indefinite 15 and the applicant is applying for a Limited Term REAL ID 16 compliant identification card, one year from the date of 17 issuance of the card. 18 (d) (Blank). Every REAL ID compliant identification card 19 or REAL ID compliant Person with a Disability Identification 20 Card issued under this Act to an applicant who is not a United 21 States citizen or permanent resident, or an individual who has 22 an approved application for asylum in the United States or has 23 entered the United States in refugee status, shall be marked 24 "Limited Term". 25 (Source: P.A. 101-185, eff. 1-1-20; 102-659, eff. 1-1-22.) HB3882 - 32 - LRB103 26790 MXP 53153 b HB3882- 33 -LRB103 26790 MXP 53153 b HB3882 - 33 - LRB103 26790 MXP 53153 b HB3882 - 33 - LRB103 26790 MXP 53153 b 1 (15 ILCS 335/11) (from Ch. 124, par. 31) 2 Sec. 11. Records. 3 (a) The Secretary may make a search of his records and 4 furnish information as to whether a person has a current 5 Standard Illinois Identification Card or an Illinois Person 6 with a Disability Identification Card then on file, upon 7 receipt of a written application therefor accompanied with the 8 prescribed fee. However, the Secretary may not disclose 9 medical information concerning an individual to any person, 10 public agency, private agency, corporation or governmental 11 body unless the individual has submitted a written request for 12 the information or unless the individual has given prior 13 written consent for the release of the information to a 14 specific person or entity. This exception shall not apply to: 15 (1) offices and employees of the Secretary who have a need to 16 know the medical information in performance of their official 17 duties, or (2) orders of a court of competent jurisdiction. 18 When medical information is disclosed by the Secretary in 19 accordance with the provisions of this Section, no liability 20 shall rest with the Office of the Secretary of State as the 21 information is released for informational purposes only. 22 (b) Except as otherwise provided in this Section, the 23 Secretary may release personally identifying information only 24 to: 25 (1) officers and employees of the Secretary who have a 26 need to know that information for issuance of driver's HB3882 - 33 - LRB103 26790 MXP 53153 b HB3882- 34 -LRB103 26790 MXP 53153 b HB3882 - 34 - LRB103 26790 MXP 53153 b HB3882 - 34 - LRB103 26790 MXP 53153 b 1 licenses, permits, or identification cards and 2 investigation of fraud or misconduct; 3 (2) other governmental agencies for use in their 4 official governmental functions; 5 (3) law enforcement agencies for a criminal or civil 6 investigation, except as restricted by subsections (g) and 7 (h); 8 (3-5) the State Board of Elections as may be required 9 by an agreement the State Board of Elections has entered 10 into with a multi-state voter registration list 11 maintenance system; or 12 (4) any entity that the Secretary has authorized, by 13 rule. 14 (c) Except as otherwise provided in this Section, the 15 Secretary may release highly restricted personal information 16 only to: 17 (1) officers and employees of the Secretary who have a 18 need to access the information for the issuance of 19 driver's licenses, permits, or identification cards and 20 investigation of fraud or misconduct; 21 (2) law enforcement officials for a criminal or civil 22 law enforcement investigation, except as restricted by 23 subsections (g) and (h); 24 (3) the State Board of Elections for the purpose of 25 providing the signature for completion of voter 26 registration; or HB3882 - 34 - LRB103 26790 MXP 53153 b HB3882- 35 -LRB103 26790 MXP 53153 b HB3882 - 35 - LRB103 26790 MXP 53153 b HB3882 - 35 - LRB103 26790 MXP 53153 b 1 (4) any other entity the Secretary has authorized by 2 rule. 3 (d) Documents required to be submitted with an application 4 for an identification card to prove the applicant's identity 5 (name and date of birth), social security number or lack of a 6 social security number, written signature, residency, and, as 7 applicable, citizenship and immigration proof of lawful status 8 and country of citizenship shall be confidential and shall not 9 be disclosed except to the following persons: 10 (1) the individual to whom the identification card was 11 issued, upon written request; 12 (2) officers and employees of the Secretary of State 13 who have a need to have access to the stored images for 14 purposes of issuing and controlling driver's licenses, 15 permits, or identification cards and investigation of 16 fraud or misconduct; 17 (3) law enforcement officials for a civil or criminal 18 law enforcement investigation, except as restricted by 19 subsections (g) and (h); 20 (4) other entities that the Secretary may authorize by 21 rule. 22 (e) The Secretary may not disclose an individual's social 23 security number or any associated information obtained from 24 the Social Security Administration without the written request 25 or consent of the individual except: (i) to officers and 26 employees of the Secretary who have a need to know the social HB3882 - 35 - LRB103 26790 MXP 53153 b HB3882- 36 -LRB103 26790 MXP 53153 b HB3882 - 36 - LRB103 26790 MXP 53153 b HB3882 - 36 - LRB103 26790 MXP 53153 b 1 security number in the performance of their official duties; 2 (ii) except as restricted by subsections (g) and (h) to law 3 enforcement officials for a civil or criminal law enforcement 4 investigation if an officer of the law enforcement agency has 5 made a written request to the Secretary specifying the law 6 enforcement investigation for which the social security number 7 is being sought; (iii) under a lawful court order signed by a 8 judge; (iv) to the Illinois Department of Veterans' Affairs 9 for the purpose of confirming veteran status to agencies in 10 other states responsible for the issuance of state 11 identification cards for participation in State-to-State 12 verification service; or (v) the last 4 digits to the Illinois 13 State Board of Elections for purposes of voter registration 14 and as may be required pursuant to an agreement for a 15 multi-state voter registration list maintenance system. The 16 Secretary retains the right to require additional verification 17 regarding the validity of a request from law enforcement. If 18 social security information is disclosed by the Secretary in 19 accordance with this Section, no liability shall rest with the 20 Office of the Secretary of State or any of its officers or 21 employees, as the information is released for official 22 purposes only. 23 (f) The Secretary of State shall not provide facial 24 recognition search services or photographs obtained in the 25 process of issuing an identification card to any federal, 26 State, or local law enforcement agency or other governmental HB3882 - 36 - LRB103 26790 MXP 53153 b HB3882- 37 -LRB103 26790 MXP 53153 b HB3882 - 37 - LRB103 26790 MXP 53153 b HB3882 - 37 - LRB103 26790 MXP 53153 b 1 entity for the purpose of enforcing federal immigration laws. 2 This subsection shall not apply to requests from federal, 3 State, or local law enforcement agencies or other governmental 4 entities for facial recognition search services or photographs 5 obtained in the process of issuing a driver's license or 6 permit when the purpose of the request relates to criminal 7 activity other than violations of immigration laws. 8 (g) Notwithstanding any other provision of law, the 9 Secretary may not release highly restricted personal 10 information or personally identifying information or disclose 11 documents described in subsection (d) to any immigration 12 agent, as defined in Section 10 of the Illinois TRUST Act, 13 unless necessary to comply with the following: 14 (1) a lawful court order; 15 (2) a judicial warrant signed by a judge appointed 16 pursuant to Article III of the Constitution of the United 17 States; or 18 (3) a subpoena for individual records issued by a 19 federal or State court that specifically requires 20 production of such information or documents. 21 When responding to such a court order, warrant, or 22 subpoena, the Secretary shall disclose only those documents or 23 information specifically requested. Within 3 business days of 24 receiving such a court order, warrant, or subpoena, the 25 Secretary shall send a notification to the individual about 26 whom such information was requested that a court order, HB3882 - 37 - LRB103 26790 MXP 53153 b HB3882- 38 -LRB103 26790 MXP 53153 b HB3882 - 38 - LRB103 26790 MXP 53153 b HB3882 - 38 - LRB103 26790 MXP 53153 b 1 warrant, or subpoena was received and the identity of the 2 entity that presented the court order, warrant, or subpoena. 3 (h) The Secretary shall not enter into or maintain any 4 agreement regarding the sharing of any highly restricted 5 personal information or personally identifying information or 6 documents described in subsection (d) unless all other parties 7 to such agreement certify that the information obtained will 8 not be used for civil immigration purposes or knowingly 9 disseminated to any third party for any purpose related to 10 civil immigration enforcement. 11 (Source: P.A. 101-326, eff. 8-9-19; 102-354, eff. 8-13-21.) 12 Section 20. The Illinois Vehicle Code is amended by 13 changing Sections 6-100, 6-100.5, 6-105.1, 6-106, 6-110.1, 14 6-110.2, 6-115, 6-121, and 6-122 and by adding Section 6-110.3 15 as follows: 16 (625 ILCS 5/6-100) (from Ch. 95 1/2, par. 6-100) 17 Sec. 6-100. Definitions. For the purposes of this Chapter, 18 the following words shall have the meanings ascribed to them: 19 (a) Application Process. The process of obtaining a 20 driver's license, identification card, or permit. The process 21 begins when a person enters a Secretary of State Driver 22 Services facility and requests a driver's license, 23 identification card or permit. 24 (b) Conviction. A final adjudication of guilty by a court HB3882 - 38 - LRB103 26790 MXP 53153 b HB3882- 39 -LRB103 26790 MXP 53153 b HB3882 - 39 - LRB103 26790 MXP 53153 b HB3882 - 39 - LRB103 26790 MXP 53153 b 1 of competent jurisdiction either after a bench trial, trial by 2 jury, plea of guilty, order of forfeiture, or default. 3 (c) Identification Card. A document made or issued by or 4 under the authority of the United States Government, the State 5 of Illinois or any other state or political subdivision 6 thereof, or any governmental or quasi-governmental 7 organization that, when completed with information concerning 8 the individual, is of a type intended or commonly accepted for 9 the purpose of identifying the individual. 10 (d) Standard Non-compliant driver's license. A driver's 11 license issued in a manner which is not compliant with the REAL 12 ID Act and implementing regulations. Standard Non-compliant 13 driver's licenses shall be marked "Federal Limits Apply" "Not 14 for Federal Identification" and shall have a color or design 15 different from the REAL ID compliant driver's license. 16 (e) REAL ID compliant driver's license. A driver's license 17 issued in compliance with the REAL ID Act and implementing 18 regulations. REAL ID compliant driver's licenses shall bear a 19 security marking approved by the United States Department of 20 Homeland Security. 21 (f) Limited Term REAL ID compliant driver's license. A 22 REAL ID compliant driver's license issued in compliance with 23 subsection (a-5) of Section 6-115 to a person who is not a 24 permanent resident or citizen of the United States, and marked 25 "Limited Term" on the face of the license. 26 (Source: P.A. 100-248, eff. 8-22-17.) HB3882 - 39 - LRB103 26790 MXP 53153 b HB3882- 40 -LRB103 26790 MXP 53153 b HB3882 - 40 - LRB103 26790 MXP 53153 b HB3882 - 40 - LRB103 26790 MXP 53153 b 1 (625 ILCS 5/6-100.5) 2 Sec. 6-100.5. Issuance of REAL ID compliant and standard 3 non-compliant driver's licenses. The Secretary of State may 4 issue both REAL ID compliant driver's licenses and standard 5 non-compliant driver's licenses, and may permit applicants to 6 designate which type of driver's license they wish to receive. 7 All provisions of this Code applicable to standard 8 non-compliant driver's licenses shall also apply to REAL ID 9 compliant driver's licenses, except where the provisions are 10 inconsistent with the REAL ID Act and implementing 11 regulations. The Secretary shall establish by rule the date on 12 which issuance of REAL ID compliant driver's licenses will 13 begin. 14 (Source: P.A. 100-248, eff. 8-22-17.) 15 (625 ILCS 5/6-105.1) 16 Sec. 6-105.1. Temporary visitor's driver's license. 17 (a) The Secretary of State may issue a temporary visitor's 18 driver's license to a foreign national who (i) resides in this 19 State, (ii) is ineligible to obtain a social security number, 20 and (iii) presents to the Secretary documentation, issued by 21 United States Citizenship and Immigration Services, 22 authorizing the person's presence in this country. 23 (a-5) The Secretary of State may issue a temporary 24 visitor's driver's license to an applicant who (i) has resided HB3882 - 40 - LRB103 26790 MXP 53153 b HB3882- 41 -LRB103 26790 MXP 53153 b HB3882 - 41 - LRB103 26790 MXP 53153 b HB3882 - 41 - LRB103 26790 MXP 53153 b 1 in this State for a period in excess of one year, (ii) is 2 ineligible to obtain a social security number, and (iii) is 3 unable to present documentation issued by the United States 4 Citizenship and Immigration Services authorizing the person's 5 presence in this country. The applicant shall submit a valid 6 unexpired passport from the applicant's country of citizenship 7 or a valid unexpired consular identification document issued 8 by a consulate of that country as defined in Section 5 of the 9 Consular Identification Document Act (5 ILCS 230/5). 10 (a-10) Applicants for a temporary visitor's driver's 11 license who are under 18 years of age at the time of 12 application shall be subject to the provisions of Sections 13 6-107 and 6-108 of this Code. 14 (b) A temporary visitor's driver's license issued under 15 subsection (a) is valid for 3 years, or for the period of time 16 the individual is authorized to remain in this country, 17 whichever ends sooner. A temporary visitor's driver's license 18 issued under subsection (a-5) shall be valid for a period of 3 19 years. 20 (b-5) A temporary visitor's driver's license issued under 21 this Section may not be accepted for proof of the holder's 22 identity. A temporary visitor's driver's license issued under 23 this Section shall contain a notice on its face, in 24 capitalized letters, stating that the temporary visitor's 25 driver's license may not be accepted for proof of identity. 26 (c) The Secretary shall adopt rules for implementing this HB3882 - 41 - LRB103 26790 MXP 53153 b HB3882- 42 -LRB103 26790 MXP 53153 b HB3882 - 42 - LRB103 26790 MXP 53153 b HB3882 - 42 - LRB103 26790 MXP 53153 b 1 Section, including rules: 2 (1) regarding the design and content of the temporary 3 visitor's driver's license; 4 (2) establishing criteria for proof of identification 5 and residency of an individual applying under subsection 6 (a-5); 7 (3) designating acceptable evidence that an applicant 8 is not eligible for a social security number; and 9 (4) regarding the issuance of temporary visitor's 10 instruction permits. 11 (d) Any person to whom the Secretary of State may issue a 12 temporary visitor's driver's license shall be subject to any 13 and all provisions of this Code and any and all implementing 14 regulations issued by the Secretary of State to the same 15 extent as any person issued a driver's license, unless 16 otherwise provided in this Code or by administrative rule, 17 including but not limited to the examination requirements in 18 Section 6-109 as well as the mandatory insurance requirements 19 and penalties set forth in Article VI of Chapter 7 of this 20 Code. 21 (d-5) A temporary visitor's driver's license is invalid if 22 the holder is unable to provide proof of liability insurance 23 as required by Section 7-601 of this Code upon the request of a 24 law enforcement officer, in which case the holder commits a 25 violation of Section 6-101 of this Code. 26 (e) Temporary visitor's driver's licenses shall be issued HB3882 - 42 - LRB103 26790 MXP 53153 b HB3882- 43 -LRB103 26790 MXP 53153 b HB3882 - 43 - LRB103 26790 MXP 53153 b HB3882 - 43 - LRB103 26790 MXP 53153 b 1 from a central location after the Secretary of State has 2 verified the information provided by the applicant. 3 (f) There is created in the State treasury a special fund 4 to be known as the Driver Services Administration Fund. All 5 fees collected for the issuance of temporary visitor's 6 driver's licenses shall be deposited into the Fund. These 7 funds shall, subject to appropriation, be used by the Office 8 of the Secretary of State for costs related to the issuance of 9 temporary visitor's driver's licenses, and other operational 10 costs, including personnel, facilities, computer programming, 11 and data transmission. 12 (g) No temporary visitor's driver's licenses shall be 13 issued after the effective date of this amendatory Act of the 14 103rd General Assembly. 15 (Source: P.A. 97-1157, eff. 11-28-13.) 16 (625 ILCS 5/6-106) (from Ch. 95 1/2, par. 6-106) 17 Sec. 6-106. Application for license or instruction permit. 18 (a) Every application for any permit or license authorized 19 to be issued under this Code shall be made upon a form 20 furnished by the Secretary of State. Every application shall 21 be accompanied by the proper fee and payment of such fee shall 22 entitle the applicant to not more than 3 attempts to pass the 23 examination within a period of one year after the date of 24 application. 25 (b) Every application shall state the legal name, social HB3882 - 43 - LRB103 26790 MXP 53153 b HB3882- 44 -LRB103 26790 MXP 53153 b HB3882 - 44 - LRB103 26790 MXP 53153 b HB3882 - 44 - LRB103 26790 MXP 53153 b 1 security number, zip code, date of birth, sex, and residence 2 address of the applicant; briefly describe the applicant; 3 state whether the applicant has theretofore been licensed as a 4 driver, and, if so, when and by what state or country, and 5 whether any such license has ever been cancelled, suspended, 6 revoked or refused, and, if so, the date and reason for such 7 cancellation, suspension, revocation or refusal; shall include 8 an affirmation by the applicant that all information set forth 9 is true and correct; and shall bear the applicant's signature. 10 In addition to the residence address, the Secretary may allow 11 the applicant to provide a mailing address. In the case of an 12 applicant who is a judicial officer or peace officer, the 13 Secretary may allow the applicant to provide an office or work 14 address in lieu of a residence or mailing address. The 15 application form may also require the statement of such 16 additional relevant information as the Secretary of State 17 shall deem necessary to determine the applicant's competency 18 and eligibility. The Secretary of State may, in his 19 discretion, by rule or regulation, provide that an application 20 for a drivers license or permit may include a suitable 21 photograph of the applicant in the form prescribed by the 22 Secretary, and he may further provide that each drivers 23 license shall include a photograph of the driver. The 24 Secretary of State may utilize a photograph process or system 25 most suitable to deter alteration or improper reproduction of 26 a drivers license and to prevent substitution of another photo HB3882 - 44 - LRB103 26790 MXP 53153 b HB3882- 45 -LRB103 26790 MXP 53153 b HB3882 - 45 - LRB103 26790 MXP 53153 b HB3882 - 45 - LRB103 26790 MXP 53153 b 1 thereon. For the purposes of this subsection (b), "peace 2 officer" means any person who by virtue of his or her office or 3 public employment is vested by law with a duty to maintain 4 public order or to make arrests for a violation of any penal 5 statute of this State, whether that duty extends to all 6 violations or is limited to specific violations. 7 (b-1) Every application shall state the social security 8 number of the applicant; except if the applicant is applying 9 for a standard driver's license and is ineligible for a social 10 security number, then: 11 (1) if the applicant has documentation, issued by the 12 United States Department of Homeland Security, authorizing 13 the applicant's presence in this country, the applicant 14 shall provide such documentation instead of a social 15 security number; and 16 (2) if the applicant does not have documentation 17 described in paragraph (1), the applicant shall provide, 18 instead of a social security number, the following: 19 (A) documentation establishing that the applicant 20 has resided in this State for a period in excess of one 21 year; and 22 (B) a passport validly issued to the applicant 23 from the applicant's country of citizenship or a 24 consular identification document validly issued to the 25 applicant by a consulate of that country as defined in 26 Section 5 of the Consular Identification Document Act. HB3882 - 45 - LRB103 26790 MXP 53153 b HB3882- 46 -LRB103 26790 MXP 53153 b HB3882 - 46 - LRB103 26790 MXP 53153 b HB3882 - 46 - LRB103 26790 MXP 53153 b 1 (b-3) Upon the first issuance of a request for proposals 2 for a digital driver's license and identification card 3 issuance and facial recognition system issued after January 1, 4 2020 (the effective date of Public Act 101-513), and upon 5 implementation of a new or revised system procured pursuant to 6 that request for proposals, the Secretary shall permit 7 applicants to choose between "male", "female" or "non-binary" 8 when designating the applicant's sex on the driver's license 9 application form. The sex designated by the applicant shall be 10 displayed on the driver's license issued to the applicant. 11 (b-5) Every applicant for a REAL ID compliant driver's 12 license or permit shall provide proof of lawful status in the 13 United States as defined in 6 CFR 37.3, as amended. Applicants 14 who are unable to provide the Secretary with proof of lawful 15 status may apply for a driver's license or permit under 16 Section 6-105.1 of this Code. 17 (b-7) The Secretary of State may accept, as proof of date 18 of birth and written signature for any applicant for a 19 standard driver's license, any passport validly issued to the 20 applicant from the applicant's country of citizenship or a 21 consular identification document validly issued to the 22 applicant by a consulate of that country as defined in Section 23 5 of the Consular Identification Document Act. 24 (c) The application form shall include a notice to the 25 applicant of the registration obligations of sex offenders 26 under the Sex Offender Registration Act. The notice shall be HB3882 - 46 - LRB103 26790 MXP 53153 b HB3882- 47 -LRB103 26790 MXP 53153 b HB3882 - 47 - LRB103 26790 MXP 53153 b HB3882 - 47 - LRB103 26790 MXP 53153 b 1 provided in a form and manner prescribed by the Secretary of 2 State. For purposes of this subsection (c), "sex offender" has 3 the meaning ascribed to it in Section 2 of the Sex Offender 4 Registration Act. 5 (d) Any person applying male United States citizen or 6 immigrant who applies for any permit or license authorized to 7 be issued under this Code or for a renewal of any permit or 8 license, and who is at least 18 years of age but less than 26 9 years of age and subject to , must be registered in compliance 10 with the requirements of the federal Military Selective 11 Service Act, must be registered in compliance with those 12 requirements. The Secretary of State must forward in an 13 electronic format the necessary personal information regarding 14 the applicants identified in this subsection (d) to the 15 Selective Service System. The applicant's signature on the 16 application serves as an indication that the applicant either 17 has already registered with the Selective Service System or 18 that he is authorizing the Secretary to forward to the 19 Selective Service System the necessary information for 20 registration. The Secretary must notify the applicant at the 21 time of application that his signature constitutes consent to 22 registration with the Selective Service System, if he is not 23 already registered. 24 (e) Beginning on or before July 1, 2015, for each original 25 or renewal driver's license application under this Code, the 26 Secretary shall inquire as to whether the applicant is a HB3882 - 47 - LRB103 26790 MXP 53153 b HB3882- 48 -LRB103 26790 MXP 53153 b HB3882 - 48 - LRB103 26790 MXP 53153 b HB3882 - 48 - LRB103 26790 MXP 53153 b 1 veteran for purposes of issuing a driver's license with a 2 veteran designation under subsection (e-5) of Section 6-110 of 3 this Code. The acceptable forms of proof shall include, but 4 are not limited to, Department of Defense form DD-214, 5 Department of Defense form DD-256 for applicants who did not 6 receive a form DD-214 upon the completion of initial basic 7 training, Department of Defense form DD-2 (Retired), an 8 identification card issued under the federal Veterans 9 Identification Card Act of 2015, or a United States Department 10 of Veterans Affairs summary of benefits letter. If the 11 document cannot be stamped, the Illinois Department of 12 Veterans' Affairs shall provide a certificate to the veteran 13 to provide to the Secretary of State. The Illinois Department 14 of Veterans' Affairs shall advise the Secretary as to what 15 other forms of proof of a person's status as a veteran are 16 acceptable. 17 For each applicant who is issued a driver's license with a 18 veteran designation, the Secretary shall provide the 19 Department of Veterans' Affairs with the applicant's name, 20 address, date of birth, gender and such other demographic 21 information as agreed to by the Secretary and the Department. 22 The Department may take steps necessary to confirm the 23 applicant is a veteran. If after due diligence, including 24 writing to the applicant at the address provided by the 25 Secretary, the Department is unable to verify the applicant's 26 veteran status, the Department shall inform the Secretary, who HB3882 - 48 - LRB103 26790 MXP 53153 b HB3882- 49 -LRB103 26790 MXP 53153 b HB3882 - 49 - LRB103 26790 MXP 53153 b HB3882 - 49 - LRB103 26790 MXP 53153 b 1 shall notify the applicant that he or she must confirm status 2 as a veteran, or the driver's license will be cancelled. 3 For purposes of this subsection (e): 4 "Armed forces" means any of the Armed Forces of the United 5 States, including a member of any reserve component or 6 National Guard unit. 7 "Veteran" means a person who has served in the armed 8 forces and was discharged or separated under honorable 9 conditions. 10 (Source: P.A. 101-106, eff. 1-1-20; 101-287, eff. 8-9-19; 11 101-513, eff. 1-1-20; 102-558, eff. 8-20-21.) 12 (625 ILCS 5/6-110.1) 13 Sec. 6-110.1. Confidentiality of captured photographs or 14 images. 15 (a) The Secretary of State shall maintain a file on or 16 contract to file all photographs and signatures obtained in 17 the process of issuing a driver's license, permit, or 18 identification card. Except as otherwise provided in this 19 Section, the photographs and signatures shall be confidential 20 and shall not be disclosed except to the following persons: 21 (1) the individual to whom the driver's license or 22 permit was issued, upon written request; 23 (2) officers and employees of the Secretary of State 24 who have a need to have access to the stored images for 25 purposes of issuing and controlling driver's licenses, HB3882 - 49 - LRB103 26790 MXP 53153 b HB3882- 50 -LRB103 26790 MXP 53153 b HB3882 - 50 - LRB103 26790 MXP 53153 b HB3882 - 50 - LRB103 26790 MXP 53153 b 1 permits, or identification cards and investigation of 2 fraud or misconduct; 3 (3) law enforcement officials for a civil or criminal 4 law enforcement investigation, except as restricted by 5 section 6-110.3; 6 (3-5) the State Board of Elections for the sole 7 purpose of providing the signatures required by a local 8 election authority to register a voter through an online 9 voter registration system; 10 (3-10) officers and employees of the Secretary of 11 State who have a need to have access to the stored images 12 for purposes of issuing and controlling notary public 13 commissions and for the purpose of providing the 14 signatures required to process online applications for 15 appointment and commission as notaries public; or 16 (4) other entities that the Secretary may authorize by 17 rule. 18 (b) The Secretary of State shall not provide facial 19 recognition search services or photographs obtained in the 20 process of issuing a driver's license or permit to any 21 federal, State, or local law enforcement agency or other 22 governmental entity for the purpose of enforcing federal 23 immigration laws. This subsection shall not apply to requests 24 from federal, State, or local law enforcement agencies or 25 other governmental entities for facial recognition search 26 services or photographs obtained in the process of issuing a HB3882 - 50 - LRB103 26790 MXP 53153 b HB3882- 51 -LRB103 26790 MXP 53153 b HB3882 - 51 - LRB103 26790 MXP 53153 b HB3882 - 51 - LRB103 26790 MXP 53153 b 1 driver's license or permit when the purpose of the request 2 relates to criminal activity other than violations of 3 immigration laws. 4 (Source: P.A. 101-326, eff. 8-9-19; 102-354, eff. 8-13-21.) 5 (625 ILCS 5/6-110.2) 6 Sec. 6-110.2. Confidentiality of documents submitted with 7 an application for a driver's license. Documents required to 8 be submitted with an application for a driver's license to 9 prove the applicant's identity (name and date of birth), 10 social security number or lack of a social security number, 11 written signature, residency, and, as applicable, citizenship 12 or immigration proof of lawful status and country of 13 citizenship shall be confidential and shall not be disclosed 14 except to the following persons: 15 (1) the individual to whom the driver's license or 16 permit was issued, upon written request; 17 (2) officers and employees of the Secretary of State 18 who have a need to have access to the stored images for 19 purposes of issuing and controlling driver's licenses, 20 permits, or identification cards and investigation of 21 fraud or misconduct; 22 (3) law enforcement officials for a civil or criminal 23 law enforcement investigation, except as restricted by 24 Section 6-110.3; 25 (4) other entities that the Secretary may authorize by HB3882 - 51 - LRB103 26790 MXP 53153 b HB3882- 52 -LRB103 26790 MXP 53153 b HB3882 - 52 - LRB103 26790 MXP 53153 b HB3882 - 52 - LRB103 26790 MXP 53153 b 1 rule. 2 (Source: P.A. 101-326, eff. 8-9-19.) 3 (625 ILCS 5/6-110.3 new) 4 Sec. 6-110.3. Restrictions on use of information for 5 certain purposes. 6 (a) Notwithstanding any other provision of law, the 7 Secretary may not release or make accessible in any manner any 8 highly restricted personal information as defined in Section 9 1-125.9 or personally identifying information as defined in 10 Section 1-159.2, provide images, photos, or facial recognition 11 services as described in Section 6-110.1, or disclose 12 documents as described in Section 6-110.2 to any immigration 13 agent as defined in Section 10 of the Illinois TRUST Act, 14 unless necessary to comply with the following: 15 (1) a lawful court order; 16 (2) a judicial warrant signed by a judge appointed 17 pursuant to Article III of the Constitution of the United 18 States; or 19 (3) a subpoena for individual records issued by a 20 federal or State court that specifically requires 21 production of such information or documents. 22 When responding to such a court order, warrant, or 23 subpoena, the Secretary shall disclose only those documents or 24 information specifically requested. Within 3 business days of 25 receiving such a court order, warrant, or subpoena, the HB3882 - 52 - LRB103 26790 MXP 53153 b HB3882- 53 -LRB103 26790 MXP 53153 b HB3882 - 53 - LRB103 26790 MXP 53153 b HB3882 - 53 - LRB103 26790 MXP 53153 b 1 Secretary shall send a notification to the individual about 2 whom such information was requested that a court order, 3 warrant, or subpoena was received and the identity of the 4 entity that presented the court order, warrant, or subpoena. 5 (b) The Secretary shall not enter into or maintain any 6 agreement regarding the sharing of any highly restricted 7 personal information as defined in Section 1-125.9, personally 8 identifying information as defined in Section 1-159.2, images 9 or photos described in Section 6-110.1, or documents described 10 in Section 6-110.2 unless all other parties to such agreement 11 certify that the information obtained will not be used for 12 civil immigration purposes or knowingly disseminated to any 13 third party for any purpose related to civil immigration 14 enforcement. 15 (625 ILCS 5/6-115) (from Ch. 95 1/2, par. 6-115) 16 Sec. 6-115. Expiration of driver's license. 17 (a) Except as provided elsewhere in this Section, every 18 driver's license issued under the provisions of this Code 19 shall expire 4 years from the date of its issuance, or at such 20 later date, as the Secretary of State may by proper rule and 21 regulation designate, not to exceed 12 calendar months; in the 22 event that an applicant for renewal of a driver's license 23 fails to apply prior to the expiration date of the previous 24 driver's license, the renewal driver's license shall expire 4 25 years from the expiration date of the previous driver's HB3882 - 53 - LRB103 26790 MXP 53153 b HB3882- 54 -LRB103 26790 MXP 53153 b HB3882 - 54 - LRB103 26790 MXP 53153 b HB3882 - 54 - LRB103 26790 MXP 53153 b 1 license, or at such later date as the Secretary of State may by 2 proper rule and regulation designate, not to exceed 12 3 calendar months. 4 The Secretary of State may, however, issue to a person not 5 previously licensed as a driver in Illinois a driver's license 6 which will expire not less than 4 years nor more than 5 years 7 from date of issuance, except as provided elsewhere in this 8 Section. 9 (a-5) Every REAL ID compliant driver's license issued 10 under this Code to an applicant who is not a United States 11 citizen or permanent resident, or an individual who has an 12 approved application for asylum in the United States or has 13 entered the United States in refugee status, shall be marked 14 "Limited Term" on its face and shall expire on whichever is the 15 earlier date of the following: 16 (1) as provided under subsection (a), (f), (g), or (i) 17 of this Section; 18 (2) on the date the applicant's authorized stay in the 19 United States terminates; or 20 (3) if the applicant's authorized stay is indefinite 21 and the applicant is applying for a Limited Term REAL ID 22 compliant driver's license, one year from the date of 23 issuance of the license. 24 (a-10) (Blank). Every REAL ID compliant driver's license 25 issued under this Code to an applicant who is not a United 26 States citizen or permanent resident, or an individual who has HB3882 - 54 - LRB103 26790 MXP 53153 b HB3882- 55 -LRB103 26790 MXP 53153 b HB3882 - 55 - LRB103 26790 MXP 53153 b HB3882 - 55 - LRB103 26790 MXP 53153 b 1 an approved application for asylum in the United States or has 2 entered the United States in refugee status, shall be marked 3 "Limited Term". 4 (b) Before the expiration of a driver's license, except 5 those licenses expiring on the individual's 21st birthday, or 6 3 months after the individual's 21st birthday, the holder 7 thereof may apply for a renewal thereof, subject to all the 8 provisions of Section 6-103, and the Secretary of State may 9 require an examination of the applicant. A licensee whose 10 driver's license expires on his 21st birthday, or 3 months 11 after his 21st birthday, may not apply for a renewal of his 12 driving privileges until he reaches the age of 21. 13 (c) The Secretary of State shall, 30 days prior to the 14 expiration of a driver's license, forward to each person whose 15 license is to expire a notification of the expiration of said 16 license which may be presented at the time of renewal of said 17 license. 18 There may be included with such notification information 19 explaining the anatomical gift and Emergency Medical 20 Information Card provisions of Section 6-110. The format and 21 text of such information shall be prescribed by the Secretary. 22 There shall be included with such notification, for a 23 period of 4 years beginning January 1, 2000 information 24 regarding the Illinois Adoption Registry and Medical 25 Information Exchange established in Section 18.1 of the 26 Adoption Act. HB3882 - 55 - LRB103 26790 MXP 53153 b HB3882- 56 -LRB103 26790 MXP 53153 b HB3882 - 56 - LRB103 26790 MXP 53153 b HB3882 - 56 - LRB103 26790 MXP 53153 b 1 (d) The Secretary may defer the expiration of the driver's 2 license of a licensee, spouse, and dependent children who are 3 living with such licensee while on active duty, serving in the 4 Armed Forces of the United States outside of the State of 5 Illinois, and 120 days thereafter, upon such terms and 6 conditions as the Secretary may prescribe. 7 (d-5) The Secretary may defer the expiration of the 8 driver's license of a licensee, or of a spouse or dependent 9 children living with the licensee, serving as a civilian 10 employee of the United States Armed Forces or the United 11 States Department of Defense, outside of the State of 12 Illinois, and 120 days thereafter, upon such terms and 13 conditions as the Secretary may prescribe. 14 (e) The Secretary of State may decline to process a 15 renewal of a driver's license of any person who has not paid 16 any fee or tax due under this Code and is not paid upon 17 reasonable notice and demand. 18 (f) The Secretary shall provide that each original or 19 renewal driver's license issued to a licensee under 21 years 20 of age shall expire 3 months after the licensee's 21st 21 birthday. Persons whose current driver's licenses expire on 22 their 21st birthday on or after January 1, 1986 shall not renew 23 their driver's license before their 21st birthday, and their 24 current driver's license will be extended for an additional 25 term of 3 months beyond their 21st birthday. Thereafter, the 26 expiration and term of the driver's license shall be governed HB3882 - 56 - LRB103 26790 MXP 53153 b HB3882- 57 -LRB103 26790 MXP 53153 b HB3882 - 57 - LRB103 26790 MXP 53153 b HB3882 - 57 - LRB103 26790 MXP 53153 b 1 by subsection (a) hereof. 2 (g) The Secretary shall provide that each original or 3 renewal driver's license issued to a licensee 81 years of age 4 through age 86 shall expire 2 years from the date of issuance, 5 or at such later date as the Secretary may by rule and 6 regulation designate, not to exceed an additional 12 calendar 7 months. The Secretary shall also provide that each original or 8 renewal driver's license issued to a licensee 87 years of age 9 or older shall expire 12 months from the date of issuance, or 10 at such later date as the Secretary may by rule and regulation 11 designate, not to exceed an additional 12 calendar months. 12 (h) The Secretary of State shall provide that each special 13 restricted driver's license issued under subsection (g) of 14 Section 6-113 of this Code shall expire 12 months from the date 15 of issuance. The Secretary shall adopt rules defining renewal 16 requirements. 17 (i) The Secretary of State shall provide that each 18 driver's license issued to a person convicted of a sex offense 19 as defined in Section 2 of the Sex Offender Registration Act 20 shall expire 12 months from the date of issuance or at such 21 date as the Secretary may by rule designate, not to exceed an 22 additional 12 calendar months. The Secretary may adopt rules 23 defining renewal requirements. 24 (Source: P.A. 101-185, eff. 1-1-20; 102-659, eff. 1-1-22.) 25 (625 ILCS 5/6-121) HB3882 - 57 - LRB103 26790 MXP 53153 b HB3882- 58 -LRB103 26790 MXP 53153 b HB3882 - 58 - LRB103 26790 MXP 53153 b HB3882 - 58 - LRB103 26790 MXP 53153 b 1 Sec. 6-121. Issuance of confidential drivers' licenses. 2 (a) Requirements for use of confidential drivers' 3 licenses. Confidential drivers' licenses may be issued to 4 local, state, and federal government agencies for bona fide 5 law enforcement purposes. The drivers' licenses may be issued 6 with fictitious names and addresses, and may be used only for 7 confidential, investigative, or undercover law enforcement 8 operations. Confidential drivers' licenses may be issued as 9 REAL ID compliant or standard non-compliant driver's licenses. 10 (b) Application procedures for confidential drivers' 11 licenses: 12 (1) Applications by local, state, and federal 13 government agencies for confidential drivers' licenses 14 must be made to the Secretary of State Police Department 15 on a form and in a manner prescribed by the Secretary of 16 State Police Department. 17 (2) The application form must include information, as 18 specific as possible without compromising investigations 19 or techniques, setting forth the need for the drivers' 20 licenses and the uses to which the licenses will be 21 limited. 22 (3) The application form must be signed and verified 23 by the local, state, or federal government agency head or 24 designee. 25 (4) Registration information maintained by the 26 Secretary of State Police Department for confidential HB3882 - 58 - LRB103 26790 MXP 53153 b HB3882- 59 -LRB103 26790 MXP 53153 b HB3882 - 59 - LRB103 26790 MXP 53153 b HB3882 - 59 - LRB103 26790 MXP 53153 b 1 drivers' licenses must show the fictitious names and 2 addresses on all records subject to public disclosure. All 3 other information concerning these confidential drivers' 4 licenses are exempt from disclosure unless the disclosure 5 is ordered by a court of competent jurisdiction. 6 (c) Revocation and cancellation procedures for 7 confidential drivers' licenses: 8 (1) The Secretary of State Police Department may 9 revoke or refuse to renew confidential drivers' licenses 10 when they have reasonable cause to believe the licenses 11 are being used for purposes other than those set forth in 12 the application form or authorized by this Section. 13 Confidential drivers' licenses may also be revoked where 14 traffic violation citations have been issued to the driver 15 and subsequent investigation reveals that the issuance of 16 the citations was unrelated to the purposes for which the 17 confidential driver's license was issued. In such cases, 18 the citations and any resulting court orders, convictions, 19 supervisions or other sanctions must be treated by the 20 Secretary of State as though they were issued in relation 21 to the true driver's license of the individual to whom the 22 confidential driver's license was issued. 23 (2) A government agency must request cancellation of 24 confidential drivers' licenses that are no longer required 25 for the purposes for which they were issued. 26 (3) All revoked confidential drivers' licenses must be HB3882 - 59 - LRB103 26790 MXP 53153 b HB3882- 60 -LRB103 26790 MXP 53153 b HB3882 - 60 - LRB103 26790 MXP 53153 b HB3882 - 60 - LRB103 26790 MXP 53153 b 1 promptly returned to the Secretary of State Police 2 Department by the government agency to which they were 3 issued. 4 (Source: P.A. 100-248, eff. 8-22-17.) 5 (625 ILCS 5/6-122) 6 Sec. 6-122. Expedited driver's license. The Secretary of 7 State may provide for an expedited process for the issuance of 8 a driver's license, excluding temporary visitor's driver's 9 licenses. The Secretary shall charge an additional fee for the 10 issuance of an expedited driver's license, to be set by rule, 11 not to exceed $75. All fees collected by the Secretary for 12 expedited driver's license service shall be deposited into the 13 Secretary of State Special Services Fund. The Secretary may 14 adopt rules regarding the eligibility, process, and fee for an 15 expedited driver's license. 16 (Source: P.A. 99-305, eff. 1-1-16.) 17 Section 99. Effective date. This Act takes effect July 1, 18 2024. HB3882- 61 -LRB103 26790 MXP 53153 b 1 INDEX 2 Statutes amended in order of appearance HB3882- 61 -LRB103 26790 MXP 53153 b HB3882 - 61 - LRB103 26790 MXP 53153 b 1 INDEX 2 Statutes amended in order of appearance HB3882- 61 -LRB103 26790 MXP 53153 b HB3882 - 61 - LRB103 26790 MXP 53153 b HB3882 - 61 - LRB103 26790 MXP 53153 b 1 INDEX 2 Statutes amended in order of appearance HB3882 - 60 - LRB103 26790 MXP 53153 b HB3882- 61 -LRB103 26790 MXP 53153 b HB3882 - 61 - LRB103 26790 MXP 53153 b HB3882 - 61 - LRB103 26790 MXP 53153 b 1 INDEX 2 Statutes amended in order of appearance HB3882 - 61 - LRB103 26790 MXP 53153 b