Illinois 2023-2024 Regular Session

Illinois House Bill HB3882 Compare Versions

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1-Public Act 103-0210
21 HB3882 EnrolledLRB103 26790 MXP 53153 b HB3882 Enrolled LRB103 26790 MXP 53153 b
32 HB3882 Enrolled LRB103 26790 MXP 53153 b
4-AN ACT concerning transportation.
5-Be it enacted by the People of the State of Illinois,
6-represented in the General Assembly:
7-Section 5. The Consular Identification Document Act is
8-amended by changing Section 10 as follows:
9-(5 ILCS 230/10)
10-Sec. 10. Acceptance of consular identification document.
11-(a) When requiring members of the public to provide
12-identification, each State agency and officer and unit of
13-local government shall accept a consular identification
14-document as valid identification of a person.
15-(b) A consular identification document shall be accepted
16-for purposes of identification only and does not convey an
17-independent right to receive benefits of any type.
18-(c) A consular identification document may not be accepted
19-as identification for obtaining a REAL ID compliant driver's
20-license, as defined by Section 6-100 of the Vehicle Code,
21-other than a temporary visitor's driver's license, or
22-registering to vote.
23-(d) A consular identification document does not establish
24-or indicate lawful U.S. immigration status and may not be
25-viewed as valid for that purpose, nor does a consular
26-identification document establish a foreign national's right
3+1 AN ACT concerning transportation.
4+2 Be it enacted by the People of the State of Illinois,
5+3 represented in the General Assembly:
6+4 Section 5. The Consular Identification Document Act is
7+5 amended by changing Section 10 as follows:
8+6 (5 ILCS 230/10)
9+7 Sec. 10. Acceptance of consular identification document.
10+8 (a) When requiring members of the public to provide
11+9 identification, each State agency and officer and unit of
12+10 local government shall accept a consular identification
13+11 document as valid identification of a person.
14+12 (b) A consular identification document shall be accepted
15+13 for purposes of identification only and does not convey an
16+14 independent right to receive benefits of any type.
17+15 (c) A consular identification document may not be accepted
18+16 as identification for obtaining a REAL ID compliant driver's
19+17 license, as defined by Section 6-100 of the Vehicle Code,
20+18 other than a temporary visitor's driver's license, or
21+19 registering to vote.
22+20 (d) A consular identification document does not establish
23+21 or indicate lawful U.S. immigration status and may not be
24+22 viewed as valid for that purpose, nor does a consular
25+23 identification document establish a foreign national's right
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33-to be in the United States or remain in the United States.
34-(e) The requirements of subsection (a) do not apply if:
35-(1) a federal law, regulation, or directive or a
36-federal court decision requires a State agency or officer
37-or a unit of local government to obtain different
38-identification;
39-(2) a federal law, regulation, or directive preempts
40-state regulation of identification requirements; or
41-(3) a State agency or officer or a unit of local
42-government would be unable to comply with a condition
43-imposed by a funding source which would cause the State
44-agency or officer or unit of local government to lose
45-funds from that source.
46-(f) Nothing in subsection (a) shall be construed to
47-prohibit a State agency or officer or a unit of local
48-government from:
49-(1) requiring additional information from persons in
50-order to verify a current address or other facts that
51-would enable the State agency or officer or unit of local
52-government to fulfill its responsibilities, except that
53-this paragraph (1) does not permit a State agency or
54-officer or a unit of local government to require
55-additional information solely in order to establish
56-identification of the person when the consular
57-identification document is the form of identification
58-presented;
59-
60-
61-(2) requiring fingerprints for identification purposes
62-under circumstances where the State agency or officer or
63-unit of local government also requires fingerprints from
64-persons who have a driver's license or Illinois
65-Identification Card; or
66-(3) requiring additional evidence of identification if
67-the State agency or officer or unit of local government
68-reasonably believes that: (A) the consular identification
69-document is forged, fraudulent, or altered; or (B) the
70-holder does not appear to be the same person on the
71-consular identification document.
72-(Source: P.A. 97-1157, eff. 11-28-13.)
73-Section 10. The Election Code is amended by changing
74-Section 1A-16.1 as follows:
75-(10 ILCS 5/1A-16.1)
76-Sec. 1A-16.1. Automatic voter registration; Secretary of
77-State.
78-(a) The Office of the Secretary of State and the State
79-Board of Elections, pursuant to an interagency contract and
80-jointly-adopted rules, shall establish an automatic voter
81-registration program that satisfies the requirements of this
82-Section and other applicable law.
83-(b) If an application, an application for renewal, a
84-change of address form, or a recertification form for a
85-
86-
87-driver's license, other than a temporary visitor's driver's
88-license, or a State identification card issued by the Office
89-of the Secretary of State meets the requirements of the
90-federal REAL ID Act of 2005, then that application shall serve
91-as a dual-purpose application. The dual-purpose application
92-shall:
93-(1) also serve as an application to register to vote
94-in Illinois;
95-(2) allow an applicant to change his or her registered
96-residence address or name as it appears on the voter
97-registration rolls;
98-(3) provide the applicant with an opportunity to
99-affirmatively decline to register to vote or to change his
100-or her registered residence address or name by providing a
101-check box on the application form without requiring the
102-applicant to state the reason; and
103-(4) unless the applicant declines to register to vote
104-or change his or her registered residence address or name,
105-require the applicant to attest, by signature under
106-penalty of perjury as described in subsection (e) of this
107-Section, to meeting the qualifications to register to vote
108-in Illinois at his or her residence address as indicated
109-on his or her driver's license or identification card
110-dual-purpose application.
111-(b-5) If an application, an application for renewal, a
112-change of address form, or a recertification form for a
113-
114-
115-driver's license, other than a temporary visitor's driver's
116-license, or a State identification card issued by the Office
117-of the Secretary of State, other than an application or form
118-that pertains to a standard driver's license or identification
119-card and does not list a social security number for the
120-applicant, does not meet the requirements of the federal REAL
121-ID Act of 2005, then that application shall serve as a
122-dual-purpose application. The dual-purpose application shall:
123-(1) also serve as an application to register to vote
124-in Illinois;
125-(2) allow an applicant to change his or her registered
126-residence address or name as it appears on the voter
127-registration rolls; and
128-(3) if the applicant chooses to register to vote or to
129-change his or her registered residence address or name,
130-then require the applicant to attest, by a separate
131-signature under penalty of perjury, to meeting the
132-qualifications to register to vote in Illinois at his or
133-her residence address as indicated on his or her
134-dual-purpose application.
135-(b-10) The Office of the Secretary of State shall clearly
136-and conspicuously inform each applicant in writing: (i) of the
137-qualifications to register to vote in Illinois, (ii) of the
138-penalties provided by law for submission of a false voter
139-registration application, (iii) that, unless the applicant
140-declines to register to vote or update his or her voter
141-
142-
143-registration, his or her dual-purpose application shall also
144-serve as both an application to register to vote and his or her
145-attestation that he or she meets the eligibility requirements
146-for voter registration, and that his or her application to
147-register to vote or update his or her registration will be
148-transmitted to the State Board of Elections for the purpose of
149-registering the person to vote at the residence address to be
150-indicated on his or her driver's license or identification
151-card, and (iv) that declining to register to vote is
152-confidential and will not affect any services the person may
153-be seeking from the Office of the Secretary of State.
154-(c) The Office of the Secretary of State shall review
155-information provided to the Office of the Secretary of State
156-by the State Board of Elections to inform each applicant for a
157-driver's license or permit, other than a temporary visitor's
158-driver's license, or a State identification card issued by the
159-Office of the Secretary of State, other than an application or
160-form that pertains to a standard driver's license or
161-identification card and does not list a social security number
162-for the applicant, whether the applicant is currently
163-registered to vote in Illinois and, if registered, at what
164-address.
165-(d) The Office of the Secretary of State shall not require
166-an applicant for a driver's license or State identification
167-card to provide duplicate identification or information in
168-order to complete an application to register to vote or change
169-
170-
171-his or her registered residence address or name. Before
172-transmitting any personal information about an applicant to
173-the State Board of Elections, the Office of the Secretary of
174-State shall review its records of the identification documents
175-the applicant provided in order to complete the application
176-for a driver's license or State identification card, to
177-confirm that nothing in those documents indicates that the
178-applicant does not satisfy the qualifications to register to
179-vote in Illinois at his or her residence address.
180-(e) A completed, signed application for (i) a driver's
181-license or permit, other than a temporary visitor's driver's
182-license, or a State identification card issued by the Office
183-of the Secretary of State, that meets the requirements of the
184-federal REAL ID Act of 2005; or (ii) a completed application
185-under subsection (b-5) of this Section with a separate
186-signature attesting the applicant meets the qualifications to
187-register to vote in Illinois at his or her residence address as
188-indicated on his or her application shall constitute a signed
189-application to register to vote in Illinois at the residence
190-address indicated in the application unless the person
191-affirmatively declined in the application to register to vote
192-or to change his or her registered residence address or name.
193-If the identification documents provided to complete the
194-dual-purpose application indicate that he or she does not
195-satisfy the qualifications to register to vote in Illinois at
196-his or her residence address, the application shall be marked
197-
198-
199-as incomplete.
200-(f) For each completed and signed application that
201-constitutes an application to register to vote in Illinois or
202-provides for a change in the applicant's registered residence
203-address or name, the Office of the Secretary of State shall
204-electronically transmit to the State Board of Elections
205-personal information needed to complete the person's
206-registration to vote in Illinois at his or her residence
207-address. The application to register to vote shall be
208-processed in accordance with Section 1A-16.7.
209-(g) If the federal REAL ID Act of 2005 is repealed,
210-abrogated, superseded, or otherwise no longer in effect, then
211-the State Board of Elections shall establish criteria for
212-determining reliable personal information indicating
213-citizenship status and shall adopt rules as necessary for the
214-Secretary of State to continue processing dual-purpose
215-applications under this Section.
216-(h) As used in this Section, "dual-purpose application"
217-means an application, an application for renewal, a change of
218-address form, or a recertification form for driver's license
219-or permit, other than a temporary visitor's driver's license,
220-or a State identification card offered by the Secretary of
221-State, other than an application or form that pertains to a
222-standard driver's license or identification card and does not
223-list a social security number for the applicant, that also
224-serves as an application to register to vote in Illinois.
225-
226-
227-"Dual-purpose application" does not mean an application under
228-subsection (c) of Section 6-109 of the Illinois Vehicle Code.
229-(Source: P.A. 100-464, eff. 8-28-17.)
230-Section 15. The Illinois Identification Card Act is
231-amended by changing Sections 1A, 2, 4, 4D, 5, and 11 as
232-follows:
233-(15 ILCS 335/1A)
234-Sec. 1A. Definitions. As used in this Act:
235-"Highly restricted personal information" means an
236-individual's photograph, signature, social security number,
237-and medical or disability information.
238-"Identification card making implement" means any material,
239-hardware, or software that is specifically designed for or
240-primarily used in the manufacture, assembly, issuance, or
241-authentication of an official identification card issued by
242-the Secretary of State.
243-"Fraudulent identification card" means any identification
244-card that purports to be an official identification card for
245-which a computerized number and file have not been created by
246-the Secretary of State, the United States Government or any
247-state or political subdivision thereof, or any governmental or
248-quasi-governmental organization. For the purpose of this Act,
249-any identification card that resembles an official
250-identification card in either size, color, photograph
251-
252-
253-location, or design or uses the word "official", "state",
254-"Illinois", or the name of any other state or political
255-subdivision thereof, or any governmental or quasi-governmental
256-organization individually or in any combination thereof to
257-describe or modify the term "identification card" or "I.D.
258-card" anywhere on the card, or uses a shape in the likeness of
259-Illinois or any other state on the photograph side of the card,
260-is deemed to be a fraudulent identification card unless the
261-words "This is not an official Identification Card", appear
262-prominently upon it in black colored lettering in 12-point
263-type on the photograph side of the card, and no such card shall
264-be smaller in size than 3 inches by 4 inches, and the
265-photograph shall be on the left side of the card only.
266-"Legal name" means the full given name and surname of an
267-individual as recorded at birth, recorded at marriage, or
268-deemed as the correct legal name for use in reporting income by
269-the Social Security Administration or the name as otherwise
270-established through legal action that appears on the
271-associated official document presented to the Secretary of
272-State.
273-"Personally identifying information" means information
274-that identifies an individual, including his or her
275-identification card number, name, address (but not the 5-digit
276-zip code), date of birth, height, weight, hair color, eye
277-color, email address, and telephone number.
278-"Homeless person" or "homeless individual" has the same
279-
280-
281-meaning as defined by the federal McKinney-Vento Homeless
282-Assistance Act, 42 U.S.C. 11302, or 42 U.S.C. 11434a(2).
283-"Youth for whom the Department of Children and Family
284-Services is legally responsible" or "foster child" means a
285-child or youth whose guardianship or custody has been accepted
286-by the Department of Children and Family Services pursuant to
287-the Juvenile Court Act of 1987, the Children and Family
288-Services Act, the Abused and Neglected Child Reporting Act,
289-and the Adoption Act. This applies to children for whom the
290-Department of Children and Family Services has temporary
291-protective custody, custody or guardianship via court order,
292-or children whose parents have signed an adoptive surrender or
293-voluntary placement agreement with the Department.
294-"REAL ID compliant identification card" means a standard
295-Illinois Identification Card or Illinois Person with a
296-Disability Identification Card issued in compliance with the
297-REAL ID Act and implementing regulations. REAL ID compliant
298-identification cards shall bear a security marking approved by
299-the United States Department of Homeland Security.
300-"Standard Non-compliant identification card" means a
301-standard Illinois Identification Card or Illinois Person with
302-a Disability Identification Card issued in a manner which is
303-not compliant with the REAL ID Act and implementing
304-regulations. Standard Non-compliant identification cards shall
305-be marked "Federal Limits Apply" "Not for Federal
306-Identification" and shall have a color or design different
307-
308-
309-from the REAL ID compliant identification card.
310-"Limited Term REAL ID compliant identification card" means
311-a REAL ID compliant identification card that is issued to
312-persons who are not permanent residents or citizens of the
313-United States, or an individual who has an approved
314-application for asylum in the United States or has entered the
315-United States in refugee status, and is marked "Limited Term"
316-on the face of the card.
317-(Source: P.A. 100-201, eff. 8-18-17; 100-248, eff. 8-22-17;
318-101-326, eff. 8-9-19.)
319-(15 ILCS 335/2) (from Ch. 124, par. 22)
320-Sec. 2. Administration and powers and duties of the
321-Administrator.
322-(a) The Secretary of State is the Administrator of this
323-Act, and he is charged with the duty of observing,
324-administering and enforcing the provisions of this Act.
325-(b) The Secretary is vested with the powers and duties for
326-the proper administration of this Act as follows:
327-1. He shall organize the administration of this Act as
328-he may deem necessary and appoint such subordinate
329-officers, clerks and other employees as may be necessary.
330-2. From time to time, he may make, amend or rescind
331-rules and regulations as may be in the public interest to
332-implement the Act.
333-3. He may prescribe or provide suitable forms as
334-
335-
336-necessary, including such forms as are necessary to
337-establish that an applicant for an Illinois Person with a
338-Disability Identification Card is a "person with a
339-disability" as defined in Section 4A of this Act, and
340-establish that an applicant for a State identification
341-card is a "homeless person" as defined in Section 1A of
342-this Act.
343-4. He may prepare under the seal of the Secretary of
344-State certified copies of any records utilized under this
345-Act and any such certified copy shall be admissible in any
346-proceeding in any court in like manner as the original
347-thereof.
348-5. Records compiled under this Act shall be maintained
349-for 6 years, but the Secretary may destroy such records
350-with the prior approval of the State Records Commission.
351-6. He shall examine and determine the genuineness,
352-regularity and legality of every application filed with
353-him under this Act, and he may in all cases investigate the
354-same, require additional information or proof or
355-documentation from any applicant.
356-7. He shall require the payment of all fees prescribed
357-in this Act, and all such fees received by him shall be
358-placed in the Road Fund of the State treasury except as
359-otherwise provided in Section 12 of this Act. Whenever any
360-application to the Secretary for an identification card
361-under this Act is accompanied by any fee, as required by
362-
363-
364-law, and the application is denied after a review of
365-eligibility, which may include facial recognition
366-comparison, the applicant shall not be entitled to a
367-refund of any fees paid.
368-8. Beginning July 1, 2017, he shall refuse to issue a
369-REAL ID compliant identification card under this Act to
370-any person who has been issued a REAL ID compliant
371-driver's license under the Illinois Vehicle Code. Any such
372-person may, at his or her discretion, surrender the REAL
373-ID compliant driver's license in order to become eligible
374-to obtain a REAL ID compliant identification card.
375-9. The Secretary may issue both REAL ID compliant
376-identification cards and standard non-compliant
377-identification cards, and may permit applicants to
378-designate which type of identification card they wish to
379-receive. All provisions of this Act applicable to standard
380-non-compliant identification cards shall also apply to
381-REAL ID compliant identification cards, except where the
382-provisions are inconsistent with the REAL ID Act and
383-implementing regulations. The Secretary shall establish by
384-rule the date on which issuance of REAL ID compliant
385-identification cards will begin.
386-(Source: P.A. 99-143, eff. 7-27-15; 99-305, eff. 1-1-16;
387-99-511, eff. 1-1-17; 99-642, eff. 7-28-16; 100-248, eff.
388-8-22-17.)
389-
390-
391-(15 ILCS 335/4) (from Ch. 124, par. 24)
392-Sec. 4. Identification card.
393-(a) The Secretary of State shall issue a standard Illinois
394-Identification Card to any natural person who is a resident of
395-the State of Illinois who applies for such card, or renewal
396-thereof. No identification card shall be issued to any person
397-who holds a valid foreign state identification card, license,
398-or permit unless the person first surrenders to the Secretary
399-of State the valid foreign state identification card, license,
400-or permit. The card shall be prepared and supplied by the
401-Secretary of State and shall include a photograph and
402-signature or mark of the applicant. However, the Secretary of
403-State may provide by rule for the issuance of Illinois
404-Identification Cards without photographs if the applicant has
405-a bona fide religious objection to being photographed or to
406-the display of his or her photograph. The Illinois
407-Identification Card may be used for identification purposes in
408-any lawful situation only by the person to whom it was issued.
409-As used in this Act, "photograph" means any color photograph
410-or digitally produced and captured image of an applicant for
411-an identification card. As used in this Act, "signature" means
412-the name of a person as written by that person and captured in
413-a manner acceptable to the Secretary of State.
414-(a-5) If an applicant for an identification card has a
415-current driver's license or instruction permit issued by the
416-Secretary of State, the Secretary may require the applicant to
417-
418-
419-utilize the same residence address and name on the
420-identification card, driver's license, and instruction permit
421-records maintained by the Secretary. The Secretary may
422-promulgate rules to implement this provision.
423-(a-10) If the applicant is a judicial officer as defined
424-in Section 1-10 of the Judicial Privacy Act or a peace officer,
425-the applicant may elect to have his or her office or work
426-address listed on the card instead of the applicant's
427-residence or mailing address. The Secretary may promulgate
428-rules to implement this provision. For the purposes of this
429-subsection (a-10), "peace officer" means any person who by
430-virtue of his or her office or public employment is vested by
431-law with a duty to maintain public order or to make arrests for
432-a violation of any penal statute of this State, whether that
433-duty extends to all violations or is limited to specific
434-violations.
435-(a-15) The Secretary of State may provide for an expedited
436-process for the issuance of an Illinois Identification Card.
437-The Secretary shall charge an additional fee for the expedited
438-issuance of an Illinois Identification Card, to be set by
439-rule, not to exceed $75. All fees collected by the Secretary
440-for expedited Illinois Identification Card service shall be
441-deposited into the Secretary of State Special Services Fund.
442-The Secretary may adopt rules regarding the eligibility,
443-process, and fee for an expedited Illinois Identification
444-Card. If the Secretary of State determines that the volume of
445-
446-
447-expedited identification card requests received on a given day
448-exceeds the ability of the Secretary to process those requests
449-in an expedited manner, the Secretary may decline to provide
450-expedited services, and the additional fee for the expedited
451-service shall be refunded to the applicant.
452-(a-20) The Secretary of State shall issue a standard
453-Illinois Identification Card to a committed person upon
454-release on parole, mandatory supervised release, aftercare
455-release, final discharge, or pardon from the Department of
456-Corrections or Department of Juvenile Justice, if the released
457-person presents a certified copy of his or her birth
458-certificate, social security card, if the person has a social
459-security number, or other documents authorized by the
460-Secretary, and 2 documents proving his or her Illinois
461-residence address. Documents proving residence address may
462-include any official document of the Department of Corrections
463-or the Department of Juvenile Justice showing the released
464-person's address after release and a Secretary of State
465-prescribed certificate of residency form, which may be
466-executed by Department of Corrections or Department of
467-Juvenile Justice personnel.
468-(a-25) The Secretary of State shall issue a limited-term
469-Illinois Identification Card valid for 90 days to a committed
470-person upon release on parole, mandatory supervised release,
471-aftercare release, final discharge, or pardon from the
472-Department of Corrections or Department of Juvenile Justice,
473-
474-
475-if the released person is unable to present a certified copy of
476-his or her birth certificate and social security card, if the
477-person has a social security number, or other documents
478-authorized by the Secretary, but does present a Secretary of
479-State prescribed verification form completed by the Department
480-of Corrections or Department of Juvenile Justice, verifying
481-the released person's date of birth and social security
482-number, if the person has a social security number, and 2
483-documents proving his or her Illinois residence address. The
484-verification form must have been completed no more than 30
485-days prior to the date of application for the Illinois
486-Identification Card. Documents proving residence address shall
487-include any official document of the Department of Corrections
488-or the Department of Juvenile Justice showing the person's
489-address after release and a Secretary of State prescribed
490-certificate of residency, which may be executed by Department
491-of Corrections or Department of Juvenile Justice personnel.
492-Prior to the expiration of the 90-day period of the
493-limited-term Illinois Identification Card, if the released
494-person submits to the Secretary of State a certified copy of
495-his or her birth certificate and his or her social security
496-card, if the person has a social security number, or other
497-documents authorized by the Secretary, a standard Illinois
498-Identification Card shall be issued. A limited-term Illinois
499-Identification Card may not be renewed.
500-(a-30) The Secretary of State shall issue a standard
501-
502-
503-Illinois Identification Card to a person upon conditional
504-release or absolute discharge from the custody of the
505-Department of Human Services, if the person presents a
506-certified copy of his or her birth certificate, social
507-security card, if the person has a social security number, or
508-other documents authorized by the Secretary, and a document
509-proving his or her Illinois residence address. The Secretary
510-of State shall issue a standard Illinois Identification Card
511-to a person prior to his or her conditional release or absolute
512-discharge if personnel from the Department of Human Services
513-bring the person to a Secretary of State location with the
514-required documents. Documents proving residence address may
515-include any official document of the Department of Human
516-Services showing the person's address after release and a
517-Secretary of State prescribed verification form, which may be
518-executed by personnel of the Department of Human Services.
519-(a-35) The Secretary of State shall issue a limited-term
520-Illinois Identification Card valid for 90 days to a person
521-upon conditional release or absolute discharge from the
522-custody of the Department of Human Services, if the person is
523-unable to present a certified copy of his or her birth
524-certificate and social security card, if the person has a
525-social security number, or other documents authorized by the
526-Secretary, but does present a Secretary of State prescribed
527-verification form completed by the Department of Human
528-Services, verifying the person's date of birth and social
529-
530-
531-security number, if the person has a social security number,
532-and a document proving his or her Illinois residence address.
533-The verification form must have been completed no more than 30
534-days prior to the date of application for the Illinois
535-Identification Card. The Secretary of State shall issue a
536-limited-term Illinois Identification Card to a person no
537-sooner than 14 days prior to his or her conditional release or
538-absolute discharge if personnel from the Department of Human
539-Services bring the person to a Secretary of State location
540-with the required documents. Documents proving residence
541-address shall include any official document of the Department
542-of Human Services showing the person's address after release
543-and a Secretary of State prescribed verification form, which
544-may be executed by personnel of the Department of Human
545-Services.
546-(b) The Secretary of State shall issue a special Illinois
547-Identification Card, which shall be known as an Illinois
548-Person with a Disability Identification Card, to any natural
549-person who is a resident of the State of Illinois, who is a
550-person with a disability as defined in Section 4A of this Act,
551-who applies for such card, or renewal thereof. No Illinois
552-Person with a Disability Identification Card shall be issued
553-to any person who holds a valid foreign state identification
554-card, license, or permit unless the person first surrenders to
555-the Secretary of State the valid foreign state identification
556-card, license, or permit. The Secretary of State shall charge
557-
558-
559-no fee to issue such card. The card shall be prepared and
560-supplied by the Secretary of State, and shall include a
561-photograph and signature or mark of the applicant, a
562-designation indicating that the card is an Illinois Person
563-with a Disability Identification Card, and shall include a
564-comprehensible designation of the type and classification of
565-the applicant's disability as set out in Section 4A of this
566-Act. However, the Secretary of State may provide by rule for
567-the issuance of Illinois Person with a Disability
568-Identification Cards without photographs if the applicant has
569-a bona fide religious objection to being photographed or to
570-the display of his or her photograph. If the applicant so
571-requests, the card shall include a description of the
572-applicant's disability and any information about the
573-applicant's disability or medical history which the Secretary
574-determines would be helpful to the applicant in securing
575-emergency medical care. If a mark is used in lieu of a
576-signature, such mark shall be affixed to the card in the
577-presence of two witnesses who attest to the authenticity of
578-the mark. The Illinois Person with a Disability Identification
579-Card may be used for identification purposes in any lawful
580-situation by the person to whom it was issued.
581-The Illinois Person with a Disability Identification Card
582-may be used as adequate documentation of disability in lieu of
583-a physician's determination of disability, a determination of
584-disability from a physician assistant, a determination of
585-
586-
587-disability from an advanced practice registered nurse, or any
588-other documentation of disability whenever any State law
589-requires that a person with a disability provide such
590-documentation of disability, however an Illinois Person with a
591-Disability Identification Card shall not qualify the
592-cardholder to participate in any program or to receive any
593-benefit which is not available to all persons with like
594-disabilities. Notwithstanding any other provisions of law, an
595-Illinois Person with a Disability Identification Card, or
596-evidence that the Secretary of State has issued an Illinois
597-Person with a Disability Identification Card, shall not be
598-used by any person other than the person named on such card to
599-prove that the person named on such card is a person with a
600-disability or for any other purpose unless the card is used for
601-the benefit of the person named on such card, and the person
602-named on such card consents to such use at the time the card is
603-so used.
604-An optometrist's determination of a visual disability
605-under Section 4A of this Act is acceptable as documentation
606-for the purpose of issuing an Illinois Person with a
607-Disability Identification Card.
608-When medical information is contained on an Illinois
609-Person with a Disability Identification Card, the Office of
610-the Secretary of State shall not be liable for any actions
611-taken based upon that medical information.
612-(c) The Secretary of State shall provide that each
613-
614-
615-original or renewal Illinois Identification Card or Illinois
616-Person with a Disability Identification Card issued to a
617-person under the age of 21 shall be of a distinct nature from
618-those Illinois Identification Cards or Illinois Person with a
619-Disability Identification Cards issued to individuals 21 years
620-of age or older. The color designated for Illinois
621-Identification Cards or Illinois Person with a Disability
622-Identification Cards for persons under the age of 21 shall be
623-at the discretion of the Secretary of State.
624-(c-1) Each original or renewal Illinois Identification
625-Card or Illinois Person with a Disability Identification Card
626-issued to a person under the age of 21 shall display the date
627-upon which the person becomes 18 years of age and the date upon
628-which the person becomes 21 years of age.
629-(c-3) The General Assembly recognizes the need to identify
630-military veterans living in this State for the purpose of
631-ensuring that they receive all of the services and benefits to
632-which they are legally entitled, including healthcare,
633-education assistance, and job placement. To assist the State
634-in identifying these veterans and delivering these vital
635-services and benefits, the Secretary of State is authorized to
636-issue Illinois Identification Cards and Illinois Person with a
637-Disability Identification Cards with the word "veteran"
638-appearing on the face of the cards. This authorization is
639-predicated on the unique status of veterans. The Secretary may
640-not issue any other identification card which identifies an
641-
642-
643-occupation, status, affiliation, hobby, or other unique
644-characteristics of the identification card holder which is
645-unrelated to the purpose of the identification card.
646-(c-5) Beginning on or before July 1, 2015, the Secretary
647-of State shall designate a space on each original or renewal
648-identification card where, at the request of the applicant,
649-the word "veteran" shall be placed. The veteran designation
650-shall be available to a person identified as a veteran under
651-subsection (b) of Section 5 of this Act who was discharged or
652-separated under honorable conditions.
653-(d) The Secretary of State may issue a Senior Citizen
654-discount card, to any natural person who is a resident of the
655-State of Illinois who is 60 years of age or older and who
656-applies for such a card or renewal thereof. The Secretary of
657-State shall charge no fee to issue such card. The card shall be
658-issued in every county and applications shall be made
659-available at, but not limited to, nutrition sites, senior
660-citizen centers and Area Agencies on Aging. The applicant,
661-upon receipt of such card and prior to its use for any purpose,
662-shall have affixed thereon in the space provided therefor his
663-signature or mark.
664-(e) The Secretary of State, in his or her discretion, may
665-designate on each Illinois Identification Card or Illinois
666-Person with a Disability Identification Card a space where the
667-card holder may place a sticker or decal, issued by the
668-Secretary of State, of uniform size as the Secretary may
669-
670-
671-specify, that shall indicate in appropriate language that the
672-card holder has renewed his or her Illinois Identification
673-Card or Illinois Person with a Disability Identification Card.
674-(Source: P.A. 102-299, eff. 8-6-21.)
675-(15 ILCS 335/4D)
676-Sec. 4D. Issuance of confidential identification cards.
677-(a) Requirements for use of confidential identification
678-cards. Confidential identification cards may be issued to
679-local, state, and federal government agencies for bona fide
680-law enforcement purposes. The identification cards may be
681-issued in fictitious names and addresses, and may be used only
682-in confidential, investigative, or undercover law enforcement
683-operations. Confidential identification cards may be issued as
684-REAL ID compliant or standard non-compliant identification
685-cards.
686-(b) Application procedures for confidential identification
687-cards:
688-(1) Applications by local, state, and federal
689-government agencies for confidential identification cards
690-must be made to the Secretary of State Police Department
691-on a form and in a manner prescribed by the Secretary of
692-State Police Department.
693-(2) The application form must include information, as
694-specific as possible without compromising investigations
695-or techniques, setting forth the need for the
696-
697-
698-identification cards and the uses to which the
699-identification cards will be limited.
700-(3) The application form must be signed and verified
701-by the local, state, or federal government agency head or
702-designee.
703-(4) Information maintained by the Secretary of State
704-Police Department for confidential identification cards
705-must show the fictitious names and addresses on all
706-records subject to public disclosure. All other
707-information concerning these confidential identification
708-cards are exempt from disclosure unless the disclosure is
709-ordered by a court of competent jurisdiction.
710-(c) Cancellation procedures for confidential
711-identification cards:
712-(1) The Secretary of State Police Department may
713-cancel or refuse to renew confidential identification
714-cards when they have reasonable cause to believe the cards
715-are being used for purposes other than those set forth in
716-the application form or authorized by this Section.
717-(2) A government agency must request cancellation of
718-confidential identification cards that are no longer
719-required for the purposes for which they were issued.
720-(3) Upon the request of the Secretary of State Police
721-Department, all cancelled confidential identification
722-cards must be promptly returned to the Secretary of State
723-Police Department by the government agency to which they
724-
725-
726-were issued.
727-(Source: P.A. 100-248, eff. 8-22-17.)
728-(15 ILCS 335/5) (from Ch. 124, par. 25)
729-Sec. 5. Applications.
730-(a) Any natural person who is a resident of the State of
731-Illinois may file an application for an identification card,
732-or for the renewal thereof, in a manner prescribed by the
733-Secretary. Each original application shall be completed by the
734-applicant in full and shall set forth the legal name,
735-residence address and zip code, social security number, if the
736-person has a social security number, birth date, sex and a
737-brief description of the applicant. The applicant shall be
738-photographed, unless the Secretary of State has provided by
739-rule for the issuance of identification cards without
740-photographs and the applicant is deemed eligible for an
741-identification card without a photograph under the terms and
742-conditions imposed by the Secretary of State, and he or she
743-shall also submit any other information as the Secretary may
744-deem necessary or such documentation as the Secretary may
745-require to determine the identity of the applicant. In
746-addition to the residence address, the Secretary may allow the
747-applicant to provide a mailing address. If the applicant is a
748-judicial officer as defined in Section 1-10 of the Judicial
749-Privacy Act or a peace officer, the applicant may elect to have
750-his or her office or work address in lieu of the applicant's
751-
752-
753-residence or mailing address. An applicant for an Illinois
754-Person with a Disability Identification Card must also submit
755-with each original or renewal application, on forms prescribed
756-by the Secretary, such documentation as the Secretary may
757-require, establishing that the applicant is a "person with a
758-disability" as defined in Section 4A of this Act, and setting
759-forth the applicant's type and class of disability as set
760-forth in Section 4A of this Act. For the purposes of this
761-subsection (a), "peace officer" means any person who by virtue
762-of his or her office or public employment is vested by law with
763-a duty to maintain public order or to make arrests for a
764-violation of any penal statute of this State, whether that
765-duty extends to all violations or is limited to specific
766-violations.
767-(a-5) Upon the first issuance of a request for proposals
768-for a digital driver's license and identification card
769-issuance and facial recognition system issued after January 1,
770-2020 (the effective date of Public Act 101-513), and upon
771-implementation of a new or revised system procured pursuant to
772-that request for proposals, the Secretary shall permit
773-applicants to choose between "male", "female", or "non-binary"
774-when designating the applicant's sex on the identification
775-card application form. The sex designated by the applicant
776-shall be displayed on the identification card issued to the
777-applicant.
778-(b) Beginning on or before July 1, 2015, for each original
779-
780-
781-or renewal identification card application under this Act, the
782-Secretary shall inquire as to whether the applicant is a
783-veteran for purposes of issuing an identification card with a
784-veteran designation under subsection (c-5) of Section 4 of
785-this Act. The acceptable forms of proof shall include, but are
786-not limited to, Department of Defense form DD-214, Department
787-of Defense form DD-256 for applicants who did not receive a
788-form DD-214 upon the completion of initial basic training,
789-Department of Defense form DD-2 (Retired), an identification
790-card issued under the federal Veterans Identification Card Act
791-of 2015, or a United States Department of Veterans Affairs
792-summary of benefits letter. If the document cannot be stamped,
793-the Illinois Department of Veterans' Affairs shall provide a
794-certificate to the veteran to provide to the Secretary of
795-State. The Illinois Department of Veterans' Affairs shall
796-advise the Secretary as to what other forms of proof of a
797-person's status as a veteran are acceptable.
798-For each applicant who is issued an identification card
799-with a veteran designation, the Secretary shall provide the
800-Department of Veterans' Affairs with the applicant's name,
801-address, date of birth, gender, and such other demographic
802-information as agreed to by the Secretary and the Department.
803-The Department may take steps necessary to confirm the
804-applicant is a veteran. If after due diligence, including
805-writing to the applicant at the address provided by the
806-Secretary, the Department is unable to verify the applicant's
807-
808-
809-veteran status, the Department shall inform the Secretary, who
810-shall notify the applicant that he or she must confirm status
811-as a veteran, or the identification card will be cancelled.
812-For purposes of this subsection (b):
813-"Armed forces" means any of the Armed Forces of the United
814-States, including a member of any reserve component or
815-National Guard unit.
816-"Veteran" means a person who has served in the armed
817-forces and was discharged or separated under honorable
818-conditions.
819-(c) All applicants for REAL ID compliant standard Illinois
820-Identification Cards and Illinois Person with a Disability
821-Identification Cards shall provide proof of lawful status in
822-the United States as defined in 6 CFR 37.3, as amended.
823-Applicants who are unable to provide the Secretary with proof
824-of lawful status are ineligible for REAL ID compliant
825-identification cards under this Act.
826-(d) The Secretary of State may accept, as proof of date of
827-birth and written signature for any applicant for a standard
828-identification card who does not have a social security number
829-or documentation issued by the United States Department of
830-Homeland Security authorizing the applicant's presence in this
831-country, any passport validly issued to the applicant from the
832-applicant's country of citizenship or a consular
833-identification document validly issued to the applicant by a
834-consulate of that country as defined in Section 5 of the
835-
836-
837-Consular Identification Document Act. Any such documents must
838-be either unexpired or presented by an applicant within 2
839-years of its expiration date.
840-(Source: P.A. 101-106, eff. 1-1-20; 101-287, eff. 8-9-19;
841-101-513, eff. 1-1-20; 102-558, eff. 8-20-21.)
842-(15 ILCS 335/11) (from Ch. 124, par. 31)
843-Sec. 11. Records.
844-(a) The Secretary may make a search of his records and
845-furnish information as to whether a person has a current
846-Standard Illinois Identification Card or an Illinois Person
847-with a Disability Identification Card then on file, upon
848-receipt of a written application therefor accompanied with the
849-prescribed fee. However, the Secretary may not disclose
850-medical information concerning an individual to any person,
851-public agency, private agency, corporation or governmental
852-body unless the individual has submitted a written request for
853-the information or unless the individual has given prior
854-written consent for the release of the information to a
855-specific person or entity. This exception shall not apply to:
856-(1) offices and employees of the Secretary who have a need to
857-know the medical information in performance of their official
858-duties, or (2) orders of a court of competent jurisdiction.
859-When medical information is disclosed by the Secretary in
860-accordance with the provisions of this Section, no liability
861-shall rest with the Office of the Secretary of State as the
862-
863-
864-information is released for informational purposes only.
865-(b) Except as otherwise provided in this Section, the
866-Secretary may release personally identifying information only
867-to:
868-(1) officers and employees of the Secretary who have a
869-need to know that information for issuance of driver's
870-licenses, permits, or identification cards and
871-investigation of fraud or misconduct;
872-(2) other governmental agencies for use in their
873-official governmental functions;
874-(3) law enforcement agencies for a criminal or civil
875-investigation, except as restricted by subsections (g) and
876-(h);
877-(3-5) the State Board of Elections as may be required
878-by an agreement the State Board of Elections has entered
879-into with a multi-state voter registration list
880-maintenance system; or
881-(4) any entity that the Secretary has authorized, by
882-rule.
883-(c) Except as otherwise provided in this Section, the
884-Secretary may release highly restricted personal information
885-only to:
886-(1) officers and employees of the Secretary who have a
887-need to access the information for the issuance of
888-driver's licenses, permits, or identification cards and
889-investigation of fraud or misconduct;
890-
891-
892-(2) law enforcement officials for a criminal or civil
893-law enforcement investigation, except as restricted by
894-subsections (g) and (h);
895-(3) the State Board of Elections for the purpose of
896-providing the signature for completion of voter
897-registration; or
898-(4) any other entity the Secretary has authorized by
899-rule.
900-(d) Documents required to be submitted with an application
901-for an identification card to prove the applicant's identity
902-(name and date of birth), social security number or lack of a
903-social security number, written signature, residency, and, as
904-applicable, citizenship and immigration proof of lawful status
905-and country of citizenship shall be confidential and shall not
906-be disclosed except to the following persons:
907-(1) the individual to whom the identification card was
908-issued, upon written request;
909-(2) officers and employees of the Secretary of State
910-who have a need to have access to the stored images for
911-purposes of issuing and controlling driver's licenses,
912-permits, or identification cards and investigation of
913-fraud or misconduct;
914-(3) law enforcement officials for a civil or criminal
915-law enforcement investigation, except as restricted by
916-subsections (g) and (h);
917-(4) other entities that the Secretary may authorize by
918-
919-
920-rule.
921-(e) The Secretary may not disclose an individual's social
922-security number or any associated information obtained from
923-the Social Security Administration without the written request
924-or consent of the individual except: (i) to officers and
925-employees of the Secretary who have a need to know the social
926-security number in the performance of their official duties;
927-(ii) except as restricted by subsections (g) and (h) to law
928-enforcement officials for a civil or criminal law enforcement
929-investigation if an officer of the law enforcement agency has
930-made a written request to the Secretary specifying the law
931-enforcement investigation for which the social security number
932-is being sought; (iii) under a lawful court order signed by a
933-judge; (iv) to the Illinois Department of Veterans' Affairs
934-for the purpose of confirming veteran status to agencies in
935-other states responsible for the issuance of state
936-identification cards for participation in State-to-State
937-verification service; or (v) the last 4 digits to the Illinois
938-State Board of Elections for purposes of voter registration
939-and as may be required pursuant to an agreement for a
940-multi-state voter registration list maintenance system. The
941-Secretary retains the right to require additional verification
942-regarding the validity of a request from law enforcement. If
943-social security information is disclosed by the Secretary in
944-accordance with this Section, no liability shall rest with the
945-Office of the Secretary of State or any of its officers or
946-
947-
948-employees, as the information is released for official
949-purposes only.
950-(f) The Secretary of State shall not provide facial
951-recognition search services or photographs obtained in the
952-process of issuing an identification card to any federal,
953-State, or local law enforcement agency or other governmental
954-entity for the purpose of enforcing federal immigration laws.
955-This subsection shall not apply to requests from federal,
956-State, or local law enforcement agencies or other governmental
957-entities for facial recognition search services or photographs
958-obtained in the process of issuing a driver's license or
959-permit when the purpose of the request relates to criminal
960-activity other than violations of immigration laws.
961-(g) Notwithstanding any other provision of law, the
962-Secretary may not release highly restricted personal
963-information or personally identifying information or disclose
964-documents described in subsection (d) to any immigration
965-agent, as defined in Section 10 of the Illinois TRUST Act,
966-unless necessary to comply with the following, to the extent
967-that production of such information or documents is
968-specifically required:
969-(1) a lawful court order;
970-(2) a judicial warrant signed by a judge appointed
971-pursuant to Article III of the Constitution of the United
972-States; or
973-(3) a subpoena for individual records issued by a
974-
975-
976-federal or State court.
977-When responding to such a court order, warrant, or
978-subpoena, the Secretary shall disclose only those documents or
979-information specifically requested. Within 3 business days of
980-receiving such a court order, warrant, or subpoena, the
981-Secretary shall send a notification to the individual about
982-whom such information was requested that a court order,
983-warrant, or subpoena was received and the identity of the
984-entity that presented the court order, warrant, or subpoena.
985-(h) The Secretary shall not enter into or maintain any
986-agreement regarding the sharing of any highly restricted
987-personal information or personally identifying information or
988-documents described in subsection (d) unless all other parties
989-to such agreement certify that the information obtained will
990-not be used for civil immigration purposes or knowingly
991-disseminated to any third party for any purpose related to
992-civil immigration enforcement.
993-(Source: P.A. 101-326, eff. 8-9-19; 102-354, eff. 8-13-21.)
994-Section 20. The Illinois Vehicle Code is amended by
995-changing Sections 6-100, 6-100.5, 6-105.1, 6-106, 6-110.1,
996-6-110.2, 6-121, and 6-122 and by adding Section 6-110.3 as
997-follows:
998-(625 ILCS 5/6-100) (from Ch. 95 1/2, par. 6-100)
999-Sec. 6-100. Definitions. For the purposes of this Chapter,
1000-
1001-
1002-the following words shall have the meanings ascribed to them:
1003-(a) Application Process. The process of obtaining a
1004-driver's license, identification card, or permit. The process
1005-begins when a person enters a Secretary of State Driver
1006-Services facility and requests a driver's license,
1007-identification card or permit.
1008-(b) Conviction. A final adjudication of guilty by a court
1009-of competent jurisdiction either after a bench trial, trial by
1010-jury, plea of guilty, order of forfeiture, or default.
1011-(c) Identification Card. A document made or issued by or
1012-under the authority of the United States Government, the State
1013-of Illinois or any other state or political subdivision
1014-thereof, or any governmental or quasi-governmental
1015-organization that, when completed with information concerning
1016-the individual, is of a type intended or commonly accepted for
1017-the purpose of identifying the individual.
1018-(d) Standard Non-compliant driver's license. A driver's
1019-license issued in a manner which is not compliant with the REAL
1020-ID Act and implementing regulations. Standard Non-compliant
1021-driver's licenses shall be marked "Federal Limits Apply" "Not
1022-for Federal Identification" and shall have a color or design
1023-different from the REAL ID compliant driver's license.
1024-(e) REAL ID compliant driver's license. A driver's license
1025-issued in compliance with the REAL ID Act and implementing
1026-regulations. REAL ID compliant driver's licenses shall bear a
1027-security marking approved by the United States Department of
1028-
1029-
1030-Homeland Security.
1031-(f) Limited Term REAL ID compliant driver's license. A
1032-REAL ID compliant driver's license issued to a person who is
1033-not a permanent resident or citizen of the United States, or an
1034-individual who has an approved application for asylum in the
1035-United States or has entered the United States in refugee
1036-status, and marked "Limited Term" on the face of the license.
1037-(Source: P.A. 100-248, eff. 8-22-17.)
1038-(625 ILCS 5/6-100.5)
1039-Sec. 6-100.5. Issuance of REAL ID compliant and standard
1040-non-compliant driver's licenses. The Secretary of State may
1041-issue both REAL ID compliant driver's licenses and standard
1042-non-compliant driver's licenses, and may permit applicants to
1043-designate which type of driver's license they wish to receive.
1044-All provisions of this Code applicable to standard
1045-non-compliant driver's licenses shall also apply to REAL ID
1046-compliant driver's licenses, except where the provisions are
1047-inconsistent with the REAL ID Act and implementing
1048-regulations. The Secretary shall establish by rule the date on
1049-which issuance of REAL ID compliant driver's licenses will
1050-begin.
1051-(Source: P.A. 100-248, eff. 8-22-17.)
1052-(625 ILCS 5/6-105.1)
1053-Sec. 6-105.1. Temporary visitor's driver's license.
1054-
1055-
1056-(a) The Secretary of State may issue a temporary visitor's
1057-driver's license to a foreign national who (i) resides in this
1058-State, (ii) is ineligible to obtain a social security number,
1059-and (iii) presents to the Secretary documentation, issued by
1060-United States Citizenship and Immigration Services,
1061-authorizing the person's presence in this country.
1062-(a-5) The Secretary of State may issue a temporary
1063-visitor's driver's license to an applicant who (i) has resided
1064-in this State for a period in excess of one year, (ii) is
1065-ineligible to obtain a social security number, and (iii) is
1066-unable to present documentation issued by the United States
1067-Citizenship and Immigration Services authorizing the person's
1068-presence in this country. The applicant shall submit a valid
1069-unexpired passport from the applicant's country of citizenship
1070-or a valid unexpired consular identification document issued
1071-by a consulate of that country as defined in Section 5 of the
1072-Consular Identification Document Act (5 ILCS 230/5).
1073-(a-10) Applicants for a temporary visitor's driver's
1074-license who are under 18 years of age at the time of
1075-application shall be subject to the provisions of Sections
1076-6-107 and 6-108 of this Code.
1077-(b) A temporary visitor's driver's license issued under
1078-subsection (a) is valid for 3 years, or for the period of time
1079-the individual is authorized to remain in this country,
1080-whichever ends sooner. A temporary visitor's driver's license
1081-issued under subsection (a-5) shall be valid for a period of 3
1082-
1083-
1084-years.
1085-(b-5) A temporary visitor's driver's license issued under
1086-this Section may not be accepted for proof of the holder's
1087-identity. A temporary visitor's driver's license issued under
1088-this Section shall contain a notice on its face, in
1089-capitalized letters, stating that the temporary visitor's
1090-driver's license may not be accepted for proof of identity.
1091-(c) The Secretary shall adopt rules for implementing this
1092-Section, including rules:
1093-(1) regarding the design and content of the temporary
1094-visitor's driver's license;
1095-(2) establishing criteria for proof of identification
1096-and residency of an individual applying under subsection
1097-(a-5);
1098-(3) designating acceptable evidence that an applicant
1099-is not eligible for a social security number; and
1100-(4) regarding the issuance of temporary visitor's
1101-instruction permits.
1102-(d) Any person to whom the Secretary of State may issue a
1103-temporary visitor's driver's license shall be subject to any
1104-and all provisions of this Code and any and all implementing
1105-regulations issued by the Secretary of State to the same
1106-extent as any person issued a driver's license, unless
1107-otherwise provided in this Code or by administrative rule,
1108-including but not limited to the examination requirements in
1109-Section 6-109 as well as the mandatory insurance requirements
1110-
1111-
1112-and penalties set forth in Article VI of Chapter 7 of this
1113-Code.
1114-(d-5) A temporary visitor's driver's license is invalid if
1115-the holder is unable to provide proof of liability insurance
1116-as required by Section 7-601 of this Code upon the request of a
1117-law enforcement officer, in which case the holder commits a
1118-violation of Section 6-101 of this Code.
1119-(e) Temporary visitor's driver's licenses shall be issued
1120-from a central location after the Secretary of State has
1121-verified the information provided by the applicant.
1122-(f) There is created in the State treasury a special fund
1123-to be known as the Driver Services Administration Fund. All
1124-fees collected for the issuance of temporary visitor's
1125-driver's licenses shall be deposited into the Fund. These
1126-funds shall, subject to appropriation, be used by the Office
1127-of the Secretary of State for costs related to the issuance of
1128-temporary visitor's driver's licenses, and other operational
1129-costs, including personnel, facilities, computer programming,
1130-and data transmission.
1131-(g) No temporary visitor's driver's licenses shall be
1132-issued after the effective date of this amendatory Act of the
1133-103rd General Assembly.
1134-(Source: P.A. 97-1157, eff. 11-28-13.)
1135-(625 ILCS 5/6-106) (from Ch. 95 1/2, par. 6-106)
1136-Sec. 6-106. Application for license or instruction permit.
1137-
1138-
1139-(a) Every application for any permit or license authorized
1140-to be issued under this Code shall be made upon a form
1141-furnished by the Secretary of State. Every application shall
1142-be accompanied by the proper fee and payment of such fee shall
1143-entitle the applicant to not more than 3 attempts to pass the
1144-examination within a period of one year after the date of
1145-application.
1146-(b) Every application shall state the legal name, social
1147-security number, zip code, date of birth, sex, and residence
1148-address of the applicant; briefly describe the applicant;
1149-state whether the applicant has theretofore been licensed as a
1150-driver, and, if so, when and by what state or country, and
1151-whether any such license has ever been cancelled, suspended,
1152-revoked or refused, and, if so, the date and reason for such
1153-cancellation, suspension, revocation or refusal; shall include
1154-an affirmation by the applicant that all information set forth
1155-is true and correct; and shall bear the applicant's signature.
1156-In addition to the residence address, the Secretary may allow
1157-the applicant to provide a mailing address. In the case of an
1158-applicant who is a judicial officer or peace officer, the
1159-Secretary may allow the applicant to provide an office or work
1160-address in lieu of a residence or mailing address. The
1161-application form may also require the statement of such
1162-additional relevant information as the Secretary of State
1163-shall deem necessary to determine the applicant's competency
1164-and eligibility. The Secretary of State may, in his
1165-
1166-
1167-discretion, by rule or regulation, provide that an application
1168-for a drivers license or permit may include a suitable
1169-photograph of the applicant in the form prescribed by the
1170-Secretary, and he may further provide that each drivers
1171-license shall include a photograph of the driver. The
1172-Secretary of State may utilize a photograph process or system
1173-most suitable to deter alteration or improper reproduction of
1174-a drivers license and to prevent substitution of another photo
1175-thereon. For the purposes of this subsection (b), "peace
1176-officer" means any person who by virtue of his or her office or
1177-public employment is vested by law with a duty to maintain
1178-public order or to make arrests for a violation of any penal
1179-statute of this State, whether that duty extends to all
1180-violations or is limited to specific violations.
1181-(b-1) Every application shall state the social security
1182-number of the applicant; except if the applicant is applying
1183-for a standard driver's license and, on the date of
1184-application, is ineligible for a social security number, then:
1185-(1) if the applicant has documentation, issued by the
1186-United States Department of Homeland Security, authorizing
1187-the applicant's presence in this country, the applicant
1188-shall provide such documentation instead of a social
1189-security number; and
1190-(2) if the applicant does not have documentation
1191-described in paragraph (1), the applicant shall provide,
1192-instead of a social security number, the following:
1193-
1194-
1195-(A) documentation establishing that the applicant
1196-has resided in this State for a period in excess of one
1197-year;
1198-(B) a passport validly issued to the applicant
1199-from the applicant's country of citizenship or a
1200-consular identification document validly issued to the
1201-applicant by a consulate of that country as defined in
1202-Section 5 of the Consular Identification Document Act,
1203-as long as such documents are either unexpired or
1204-presented by an applicant within 2 years of its
1205-expiration date; and
1206-(C) a social security card, if the applicant has a
1207-social security number.
1208-(b-3) Upon the first issuance of a request for proposals
1209-for a digital driver's license and identification card
1210-issuance and facial recognition system issued after January 1,
1211-2020 (the effective date of Public Act 101-513), and upon
1212-implementation of a new or revised system procured pursuant to
1213-that request for proposals, the Secretary shall permit
1214-applicants to choose between "male", "female" or "non-binary"
1215-when designating the applicant's sex on the driver's license
1216-application form. The sex designated by the applicant shall be
1217-displayed on the driver's license issued to the applicant.
1218-(b-5) Every applicant for a REAL ID compliant driver's
1219-license or permit shall provide proof of lawful status in the
1220-United States as defined in 6 CFR 37.3, as amended. Applicants
1221-
1222-
1223-who are unable to provide the Secretary with proof of lawful
1224-status may apply for a driver's license or permit under
1225-Section 6-105.1 of this Code.
1226-(c) The application form shall include a notice to the
1227-applicant of the registration obligations of sex offenders
1228-under the Sex Offender Registration Act. The notice shall be
1229-provided in a form and manner prescribed by the Secretary of
1230-State. For purposes of this subsection (c), "sex offender" has
1231-the meaning ascribed to it in Section 2 of the Sex Offender
1232-Registration Act.
1233-(d) Any male United States citizen or immigrant who
1234-applies for any permit or license authorized to be issued
1235-under this Code or for a renewal of any permit or license, and
1236-who is at least 18 years of age but less than 26 years of age,
1237-must be registered in compliance with the requirements of the
1238-federal Military Selective Service Act. The Secretary of State
1239-must forward in an electronic format the necessary personal
1240-information regarding the applicants identified in this
1241-subsection (d) to the Selective Service System. The
1242-applicant's signature on the application serves as an
1243-indication that the applicant either has already registered
1244-with the Selective Service System or that he is authorizing
1245-the Secretary to forward to the Selective Service System the
1246-necessary information for registration. The Secretary must
1247-notify the applicant at the time of application that his
1248-signature constitutes consent to registration with the
1249-
1250-
1251-Selective Service System, if he is not already registered.
1252-(e) Beginning on or before July 1, 2015, for each original
1253-or renewal driver's license application under this Code, the
1254-Secretary shall inquire as to whether the applicant is a
1255-veteran for purposes of issuing a driver's license with a
1256-veteran designation under subsection (e-5) of Section 6-110 of
1257-this Code. The acceptable forms of proof shall include, but
1258-are not limited to, Department of Defense form DD-214,
1259-Department of Defense form DD-256 for applicants who did not
1260-receive a form DD-214 upon the completion of initial basic
1261-training, Department of Defense form DD-2 (Retired), an
1262-identification card issued under the federal Veterans
1263-Identification Card Act of 2015, or a United States Department
1264-of Veterans Affairs summary of benefits letter. If the
1265-document cannot be stamped, the Illinois Department of
1266-Veterans' Affairs shall provide a certificate to the veteran
1267-to provide to the Secretary of State. The Illinois Department
1268-of Veterans' Affairs shall advise the Secretary as to what
1269-other forms of proof of a person's status as a veteran are
1270-acceptable.
1271-For each applicant who is issued a driver's license with a
1272-veteran designation, the Secretary shall provide the
1273-Department of Veterans' Affairs with the applicant's name,
1274-address, date of birth, gender and such other demographic
1275-information as agreed to by the Secretary and the Department.
1276-The Department may take steps necessary to confirm the
1277-
1278-
1279-applicant is a veteran. If after due diligence, including
1280-writing to the applicant at the address provided by the
1281-Secretary, the Department is unable to verify the applicant's
1282-veteran status, the Department shall inform the Secretary, who
1283-shall notify the applicant that he or she must confirm status
1284-as a veteran, or the driver's license will be cancelled.
1285-For purposes of this subsection (e):
1286-"Armed forces" means any of the Armed Forces of the United
1287-States, including a member of any reserve component or
1288-National Guard unit.
1289-"Veteran" means a person who has served in the armed
1290-forces and was discharged or separated under honorable
1291-conditions.
1292-(Source: P.A. 101-106, eff. 1-1-20; 101-287, eff. 8-9-19;
1293-101-513, eff. 1-1-20; 102-558, eff. 8-20-21.)
1294-(625 ILCS 5/6-110.1)
1295-Sec. 6-110.1. Confidentiality of captured photographs or
1296-images.
1297-(a) The Secretary of State shall maintain a file on or
1298-contract to file all photographs and signatures obtained in
1299-the process of issuing a driver's license, permit, or
1300-identification card. Except as otherwise provided in this
1301-Section, the photographs and signatures shall be confidential
1302-and shall not be disclosed except to the following persons:
1303-(1) the individual to whom the driver's license or
1304-
1305-
1306-permit was issued, upon written request;
1307-(2) officers and employees of the Secretary of State
1308-who have a need to have access to the stored images for
1309-purposes of issuing and controlling driver's licenses,
1310-permits, or identification cards and investigation of
1311-fraud or misconduct;
1312-(3) law enforcement officials for a civil or criminal
1313-law enforcement investigation, except as restricted by
1314-section 6-110.3;
1315-(3-5) the State Board of Elections for the sole
1316-purpose of providing the signatures required by a local
1317-election authority to register a voter through an online
1318-voter registration system;
1319-(3-10) officers and employees of the Secretary of
1320-State who have a need to have access to the stored images
1321-for purposes of issuing and controlling notary public
1322-commissions and for the purpose of providing the
1323-signatures required to process online applications for
1324-appointment and commission as notaries public; or
1325-(4) other entities that the Secretary may authorize by
1326-rule.
1327-(b) The Secretary of State shall not provide facial
1328-recognition search services or photographs obtained in the
1329-process of issuing a driver's license or permit to any
1330-federal, State, or local law enforcement agency or other
1331-governmental entity for the purpose of enforcing federal
1332-
1333-
1334-immigration laws. This subsection shall not apply to requests
1335-from federal, State, or local law enforcement agencies or
1336-other governmental entities for facial recognition search
1337-services or photographs obtained in the process of issuing a
1338-driver's license or permit when the purpose of the request
1339-relates to criminal activity other than violations of
1340-immigration laws.
1341-(Source: P.A. 101-326, eff. 8-9-19; 102-354, eff. 8-13-21.)
1342-(625 ILCS 5/6-110.2)
1343-Sec. 6-110.2. Confidentiality of documents submitted with
1344-an application for a driver's license. Documents required to
1345-be submitted with an application for a driver's license to
1346-prove the applicant's identity (name and date of birth),
1347-social security number or lack of a social security number,
1348-written signature, residency, and, as applicable, citizenship
1349-or immigration proof of lawful status and country of
1350-citizenship shall be confidential and shall not be disclosed
1351-except to the following persons:
1352-(1) the individual to whom the driver's license or
1353-permit was issued, upon written request;
1354-(2) officers and employees of the Secretary of State
1355-who have a need to have access to the stored images for
1356-purposes of issuing and controlling driver's licenses,
1357-permits, or identification cards and investigation of
1358-fraud or misconduct;
1359-
1360-
1361-(3) law enforcement officials for a civil or criminal
1362-law enforcement investigation, except as restricted by
1363-Section 6-110.3;
1364-(4) other entities that the Secretary may authorize by
1365-rule.
1366-(Source: P.A. 101-326, eff. 8-9-19.)
1367-(625 ILCS 5/6-110.3 new)
1368-Sec. 6-110.3. Restrictions on use of information for
1369-certain purposes.
1370-(a) Notwithstanding any other provision of law, the
1371-Secretary may not release or make accessible in any manner any
1372-highly restricted personal information as defined in Section
1373-1-125.9 or personally identifying information as defined in
1374-Section 1-159.2, provide images, photos, or facial recognition
1375-services as described in Section 6-110.1, or disclose
1376-documents as described in Section 6-110.2 to any immigration
1377-agent as defined in Section 10 of the Illinois TRUST Act,
1378-unless necessary to comply with the following, to the extent
1379-that production of such information or documents is
1380-specifically required:
1381-(1) a lawful court order;
1382-(2) a judicial warrant signed by a judge appointed
1383-pursuant to Article III of the Constitution of the United
1384-States; or
1385-(3) a subpoena for individual records issued by a
1386-
1387-
1388-federal or State court.
1389-When responding to such a court order, warrant, or
1390-subpoena, the Secretary shall disclose only those documents or
1391-information specifically requested. Within 3 business days of
1392-receiving such a court order, warrant, or subpoena, the
1393-Secretary shall send a notification to the individual about
1394-whom such information was requested that a court order,
1395-warrant, or subpoena was received and the identity of the
1396-entity that presented the court order, warrant, or subpoena.
1397-(b) The Secretary shall not enter into or maintain any
1398-agreement regarding the sharing of any highly restricted
1399-personal information as defined in Section 1-125.9, personally
1400-identifying information as defined in Section 1-159.2, images
1401-or photos described in Section 6-110.1, or documents described
1402-in Section 6-110.2 unless all other parties to such agreement
1403-certify that the information obtained will not be used for
1404-civil immigration purposes or knowingly disseminated to any
1405-third party for any purpose related to civil immigration
1406-enforcement.
1407-(625 ILCS 5/6-121)
1408-Sec. 6-121. Issuance of confidential drivers' licenses.
1409-(a) Requirements for use of confidential drivers'
1410-licenses. Confidential drivers' licenses may be issued to
1411-local, state, and federal government agencies for bona fide
1412-law enforcement purposes. The drivers' licenses may be issued
1413-
1414-
1415-with fictitious names and addresses, and may be used only for
1416-confidential, investigative, or undercover law enforcement
1417-operations. Confidential drivers' licenses may be issued as
1418-REAL ID compliant or standard non-compliant driver's licenses.
1419-(b) Application procedures for confidential drivers'
1420-licenses:
1421-(1) Applications by local, state, and federal
1422-government agencies for confidential drivers' licenses
1423-must be made to the Secretary of State Police Department
1424-on a form and in a manner prescribed by the Secretary of
1425-State Police Department.
1426-(2) The application form must include information, as
1427-specific as possible without compromising investigations
1428-or techniques, setting forth the need for the drivers'
1429-licenses and the uses to which the licenses will be
1430-limited.
1431-(3) The application form must be signed and verified
1432-by the local, state, or federal government agency head or
1433-designee.
1434-(4) Registration information maintained by the
1435-Secretary of State Police Department for confidential
1436-drivers' licenses must show the fictitious names and
1437-addresses on all records subject to public disclosure. All
1438-other information concerning these confidential drivers'
1439-licenses are exempt from disclosure unless the disclosure
1440-is ordered by a court of competent jurisdiction.
1441-
1442-
1443-(c) Revocation and cancellation procedures for
1444-confidential drivers' licenses:
1445-(1) The Secretary of State Police Department may
1446-revoke or refuse to renew confidential drivers' licenses
1447-when they have reasonable cause to believe the licenses
1448-are being used for purposes other than those set forth in
1449-the application form or authorized by this Section.
1450-Confidential drivers' licenses may also be revoked where
1451-traffic violation citations have been issued to the driver
1452-and subsequent investigation reveals that the issuance of
1453-the citations was unrelated to the purposes for which the
1454-confidential driver's license was issued. In such cases,
1455-the citations and any resulting court orders, convictions,
1456-supervisions or other sanctions must be treated by the
1457-Secretary of State as though they were issued in relation
1458-to the true driver's license of the individual to whom the
1459-confidential driver's license was issued.
1460-(2) A government agency must request cancellation of
1461-confidential drivers' licenses that are no longer required
1462-for the purposes for which they were issued.
1463-(3) All revoked confidential drivers' licenses must be
1464-promptly returned to the Secretary of State Police
1465-Department by the government agency to which they were
1466-issued.
1467-(Source: P.A. 100-248, eff. 8-22-17.)
1468-
1469-
1470-(625 ILCS 5/6-122)
1471-Sec. 6-122. Expedited driver's license. The Secretary of
1472-State may provide for an expedited process for the issuance of
1473-a driver's license, excluding temporary visitor's driver's
1474-licenses. The Secretary shall charge an additional fee for the
1475-issuance of an expedited driver's license, to be set by rule,
1476-not to exceed $75. All fees collected by the Secretary for
1477-expedited driver's license service shall be deposited into the
1478-Secretary of State Special Services Fund. The Secretary may
1479-adopt rules regarding the eligibility, process, and fee for an
1480-expedited driver's license.
1481-(Source: P.A. 99-305, eff. 1-1-16.)
1482-Section 99. Effective date. This Act takes effect July 1,
1483-2024.
1484-INDEX Statutes amended in order of appearance INDEX Statutes amended in order of appearance
1485-INDEX
1486-Statutes amended in order of appearance
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34+1 to be in the United States or remain in the United States.
35+2 (e) The requirements of subsection (a) do not apply if:
36+3 (1) a federal law, regulation, or directive or a
37+4 federal court decision requires a State agency or officer
38+5 or a unit of local government to obtain different
39+6 identification;
40+7 (2) a federal law, regulation, or directive preempts
41+8 state regulation of identification requirements; or
42+9 (3) a State agency or officer or a unit of local
43+10 government would be unable to comply with a condition
44+11 imposed by a funding source which would cause the State
45+12 agency or officer or unit of local government to lose
46+13 funds from that source.
47+14 (f) Nothing in subsection (a) shall be construed to
48+15 prohibit a State agency or officer or a unit of local
49+16 government from:
50+17 (1) requiring additional information from persons in
51+18 order to verify a current address or other facts that
52+19 would enable the State agency or officer or unit of local
53+20 government to fulfill its responsibilities, except that
54+21 this paragraph (1) does not permit a State agency or
55+22 officer or a unit of local government to require
56+23 additional information solely in order to establish
57+24 identification of the person when the consular
58+25 identification document is the form of identification
59+26 presented;
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70+1 (2) requiring fingerprints for identification purposes
71+2 under circumstances where the State agency or officer or
72+3 unit of local government also requires fingerprints from
73+4 persons who have a driver's license or Illinois
74+5 Identification Card; or
75+6 (3) requiring additional evidence of identification if
76+7 the State agency or officer or unit of local government
77+8 reasonably believes that: (A) the consular identification
78+9 document is forged, fraudulent, or altered; or (B) the
79+10 holder does not appear to be the same person on the
80+11 consular identification document.
81+12 (Source: P.A. 97-1157, eff. 11-28-13.)
82+13 Section 10. The Election Code is amended by changing
83+14 Section 1A-16.1 as follows:
84+15 (10 ILCS 5/1A-16.1)
85+16 Sec. 1A-16.1. Automatic voter registration; Secretary of
86+17 State.
87+18 (a) The Office of the Secretary of State and the State
88+19 Board of Elections, pursuant to an interagency contract and
89+20 jointly-adopted rules, shall establish an automatic voter
90+21 registration program that satisfies the requirements of this
91+22 Section and other applicable law.
92+23 (b) If an application, an application for renewal, a
93+24 change of address form, or a recertification form for a
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104+1 driver's license, other than a temporary visitor's driver's
105+2 license, or a State identification card issued by the Office
106+3 of the Secretary of State meets the requirements of the
107+4 federal REAL ID Act of 2005, then that application shall serve
108+5 as a dual-purpose application. The dual-purpose application
109+6 shall:
110+7 (1) also serve as an application to register to vote
111+8 in Illinois;
112+9 (2) allow an applicant to change his or her registered
113+10 residence address or name as it appears on the voter
114+11 registration rolls;
115+12 (3) provide the applicant with an opportunity to
116+13 affirmatively decline to register to vote or to change his
117+14 or her registered residence address or name by providing a
118+15 check box on the application form without requiring the
119+16 applicant to state the reason; and
120+17 (4) unless the applicant declines to register to vote
121+18 or change his or her registered residence address or name,
122+19 require the applicant to attest, by signature under
123+20 penalty of perjury as described in subsection (e) of this
124+21 Section, to meeting the qualifications to register to vote
125+22 in Illinois at his or her residence address as indicated
126+23 on his or her driver's license or identification card
127+24 dual-purpose application.
128+25 (b-5) If an application, an application for renewal, a
129+26 change of address form, or a recertification form for a
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140+1 driver's license, other than a temporary visitor's driver's
141+2 license, or a State identification card issued by the Office
142+3 of the Secretary of State, other than an application or form
143+4 that pertains to a standard driver's license or identification
144+5 card and does not list a social security number for the
145+6 applicant, does not meet the requirements of the federal REAL
146+7 ID Act of 2005, then that application shall serve as a
147+8 dual-purpose application. The dual-purpose application shall:
148+9 (1) also serve as an application to register to vote
149+10 in Illinois;
150+11 (2) allow an applicant to change his or her registered
151+12 residence address or name as it appears on the voter
152+13 registration rolls; and
153+14 (3) if the applicant chooses to register to vote or to
154+15 change his or her registered residence address or name,
155+16 then require the applicant to attest, by a separate
156+17 signature under penalty of perjury, to meeting the
157+18 qualifications to register to vote in Illinois at his or
158+19 her residence address as indicated on his or her
159+20 dual-purpose application.
160+21 (b-10) The Office of the Secretary of State shall clearly
161+22 and conspicuously inform each applicant in writing: (i) of the
162+23 qualifications to register to vote in Illinois, (ii) of the
163+24 penalties provided by law for submission of a false voter
164+25 registration application, (iii) that, unless the applicant
165+26 declines to register to vote or update his or her voter
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176+1 registration, his or her dual-purpose application shall also
177+2 serve as both an application to register to vote and his or her
178+3 attestation that he or she meets the eligibility requirements
179+4 for voter registration, and that his or her application to
180+5 register to vote or update his or her registration will be
181+6 transmitted to the State Board of Elections for the purpose of
182+7 registering the person to vote at the residence address to be
183+8 indicated on his or her driver's license or identification
184+9 card, and (iv) that declining to register to vote is
185+10 confidential and will not affect any services the person may
186+11 be seeking from the Office of the Secretary of State.
187+12 (c) The Office of the Secretary of State shall review
188+13 information provided to the Office of the Secretary of State
189+14 by the State Board of Elections to inform each applicant for a
190+15 driver's license or permit, other than a temporary visitor's
191+16 driver's license, or a State identification card issued by the
192+17 Office of the Secretary of State, other than an application or
193+18 form that pertains to a standard driver's license or
194+19 identification card and does not list a social security number
195+20 for the applicant, whether the applicant is currently
196+21 registered to vote in Illinois and, if registered, at what
197+22 address.
198+23 (d) The Office of the Secretary of State shall not require
199+24 an applicant for a driver's license or State identification
200+25 card to provide duplicate identification or information in
201+26 order to complete an application to register to vote or change
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212+1 his or her registered residence address or name. Before
213+2 transmitting any personal information about an applicant to
214+3 the State Board of Elections, the Office of the Secretary of
215+4 State shall review its records of the identification documents
216+5 the applicant provided in order to complete the application
217+6 for a driver's license or State identification card, to
218+7 confirm that nothing in those documents indicates that the
219+8 applicant does not satisfy the qualifications to register to
220+9 vote in Illinois at his or her residence address.
221+10 (e) A completed, signed application for (i) a driver's
222+11 license or permit, other than a temporary visitor's driver's
223+12 license, or a State identification card issued by the Office
224+13 of the Secretary of State, that meets the requirements of the
225+14 federal REAL ID Act of 2005; or (ii) a completed application
226+15 under subsection (b-5) of this Section with a separate
227+16 signature attesting the applicant meets the qualifications to
228+17 register to vote in Illinois at his or her residence address as
229+18 indicated on his or her application shall constitute a signed
230+19 application to register to vote in Illinois at the residence
231+20 address indicated in the application unless the person
232+21 affirmatively declined in the application to register to vote
233+22 or to change his or her registered residence address or name.
234+23 If the identification documents provided to complete the
235+24 dual-purpose application indicate that he or she does not
236+25 satisfy the qualifications to register to vote in Illinois at
237+26 his or her residence address, the application shall be marked
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248+1 as incomplete.
249+2 (f) For each completed and signed application that
250+3 constitutes an application to register to vote in Illinois or
251+4 provides for a change in the applicant's registered residence
252+5 address or name, the Office of the Secretary of State shall
253+6 electronically transmit to the State Board of Elections
254+7 personal information needed to complete the person's
255+8 registration to vote in Illinois at his or her residence
256+9 address. The application to register to vote shall be
257+10 processed in accordance with Section 1A-16.7.
258+11 (g) If the federal REAL ID Act of 2005 is repealed,
259+12 abrogated, superseded, or otherwise no longer in effect, then
260+13 the State Board of Elections shall establish criteria for
261+14 determining reliable personal information indicating
262+15 citizenship status and shall adopt rules as necessary for the
263+16 Secretary of State to continue processing dual-purpose
264+17 applications under this Section.
265+18 (h) As used in this Section, "dual-purpose application"
266+19 means an application, an application for renewal, a change of
267+20 address form, or a recertification form for driver's license
268+21 or permit, other than a temporary visitor's driver's license,
269+22 or a State identification card offered by the Secretary of
270+23 State, other than an application or form that pertains to a
271+24 standard driver's license or identification card and does not
272+25 list a social security number for the applicant, that also
273+26 serves as an application to register to vote in Illinois.
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284+1 "Dual-purpose application" does not mean an application under
285+2 subsection (c) of Section 6-109 of the Illinois Vehicle Code.
286+3 (Source: P.A. 100-464, eff. 8-28-17.)
287+4 Section 15. The Illinois Identification Card Act is
288+5 amended by changing Sections 1A, 2, 4, 4D, 5, and 11 as
289+6 follows:
290+7 (15 ILCS 335/1A)
291+8 Sec. 1A. Definitions. As used in this Act:
292+9 "Highly restricted personal information" means an
293+10 individual's photograph, signature, social security number,
294+11 and medical or disability information.
295+12 "Identification card making implement" means any material,
296+13 hardware, or software that is specifically designed for or
297+14 primarily used in the manufacture, assembly, issuance, or
298+15 authentication of an official identification card issued by
299+16 the Secretary of State.
300+17 "Fraudulent identification card" means any identification
301+18 card that purports to be an official identification card for
302+19 which a computerized number and file have not been created by
303+20 the Secretary of State, the United States Government or any
304+21 state or political subdivision thereof, or any governmental or
305+22 quasi-governmental organization. For the purpose of this Act,
306+23 any identification card that resembles an official
307+24 identification card in either size, color, photograph
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318+1 location, or design or uses the word "official", "state",
319+2 "Illinois", or the name of any other state or political
320+3 subdivision thereof, or any governmental or quasi-governmental
321+4 organization individually or in any combination thereof to
322+5 describe or modify the term "identification card" or "I.D.
323+6 card" anywhere on the card, or uses a shape in the likeness of
324+7 Illinois or any other state on the photograph side of the card,
325+8 is deemed to be a fraudulent identification card unless the
326+9 words "This is not an official Identification Card", appear
327+10 prominently upon it in black colored lettering in 12-point
328+11 type on the photograph side of the card, and no such card shall
329+12 be smaller in size than 3 inches by 4 inches, and the
330+13 photograph shall be on the left side of the card only.
331+14 "Legal name" means the full given name and surname of an
332+15 individual as recorded at birth, recorded at marriage, or
333+16 deemed as the correct legal name for use in reporting income by
334+17 the Social Security Administration or the name as otherwise
335+18 established through legal action that appears on the
336+19 associated official document presented to the Secretary of
337+20 State.
338+21 "Personally identifying information" means information
339+22 that identifies an individual, including his or her
340+23 identification card number, name, address (but not the 5-digit
341+24 zip code), date of birth, height, weight, hair color, eye
342+25 color, email address, and telephone number.
343+26 "Homeless person" or "homeless individual" has the same
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354+1 meaning as defined by the federal McKinney-Vento Homeless
355+2 Assistance Act, 42 U.S.C. 11302, or 42 U.S.C. 11434a(2).
356+3 "Youth for whom the Department of Children and Family
357+4 Services is legally responsible" or "foster child" means a
358+5 child or youth whose guardianship or custody has been accepted
359+6 by the Department of Children and Family Services pursuant to
360+7 the Juvenile Court Act of 1987, the Children and Family
361+8 Services Act, the Abused and Neglected Child Reporting Act,
362+9 and the Adoption Act. This applies to children for whom the
363+10 Department of Children and Family Services has temporary
364+11 protective custody, custody or guardianship via court order,
365+12 or children whose parents have signed an adoptive surrender or
366+13 voluntary placement agreement with the Department.
367+14 "REAL ID compliant identification card" means a standard
368+15 Illinois Identification Card or Illinois Person with a
369+16 Disability Identification Card issued in compliance with the
370+17 REAL ID Act and implementing regulations. REAL ID compliant
371+18 identification cards shall bear a security marking approved by
372+19 the United States Department of Homeland Security.
373+20 "Standard Non-compliant identification card" means a
374+21 standard Illinois Identification Card or Illinois Person with
375+22 a Disability Identification Card issued in a manner which is
376+23 not compliant with the REAL ID Act and implementing
377+24 regulations. Standard Non-compliant identification cards shall
378+25 be marked "Federal Limits Apply" "Not for Federal
379+26 Identification" and shall have a color or design different
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390+1 from the REAL ID compliant identification card.
391+2 "Limited Term REAL ID compliant identification card" means
392+3 a REAL ID compliant identification card that is issued to
393+4 persons who are not permanent residents or citizens of the
394+5 United States, or an individual who has an approved
395+6 application for asylum in the United States or has entered the
396+7 United States in refugee status, and is marked "Limited Term"
397+8 on the face of the card.
398+9 (Source: P.A. 100-201, eff. 8-18-17; 100-248, eff. 8-22-17;
399+10 101-326, eff. 8-9-19.)
400+11 (15 ILCS 335/2) (from Ch. 124, par. 22)
401+12 Sec. 2. Administration and powers and duties of the
402+13 Administrator.
403+14 (a) The Secretary of State is the Administrator of this
404+15 Act, and he is charged with the duty of observing,
405+16 administering and enforcing the provisions of this Act.
406+17 (b) The Secretary is vested with the powers and duties for
407+18 the proper administration of this Act as follows:
408+19 1. He shall organize the administration of this Act as
409+20 he may deem necessary and appoint such subordinate
410+21 officers, clerks and other employees as may be necessary.
411+22 2. From time to time, he may make, amend or rescind
412+23 rules and regulations as may be in the public interest to
413+24 implement the Act.
414+25 3. He may prescribe or provide suitable forms as
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425+1 necessary, including such forms as are necessary to
426+2 establish that an applicant for an Illinois Person with a
427+3 Disability Identification Card is a "person with a
428+4 disability" as defined in Section 4A of this Act, and
429+5 establish that an applicant for a State identification
430+6 card is a "homeless person" as defined in Section 1A of
431+7 this Act.
432+8 4. He may prepare under the seal of the Secretary of
433+9 State certified copies of any records utilized under this
434+10 Act and any such certified copy shall be admissible in any
435+11 proceeding in any court in like manner as the original
436+12 thereof.
437+13 5. Records compiled under this Act shall be maintained
438+14 for 6 years, but the Secretary may destroy such records
439+15 with the prior approval of the State Records Commission.
440+16 6. He shall examine and determine the genuineness,
441+17 regularity and legality of every application filed with
442+18 him under this Act, and he may in all cases investigate the
443+19 same, require additional information or proof or
444+20 documentation from any applicant.
445+21 7. He shall require the payment of all fees prescribed
446+22 in this Act, and all such fees received by him shall be
447+23 placed in the Road Fund of the State treasury except as
448+24 otherwise provided in Section 12 of this Act. Whenever any
449+25 application to the Secretary for an identification card
450+26 under this Act is accompanied by any fee, as required by
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461+1 law, and the application is denied after a review of
462+2 eligibility, which may include facial recognition
463+3 comparison, the applicant shall not be entitled to a
464+4 refund of any fees paid.
465+5 8. Beginning July 1, 2017, he shall refuse to issue a
466+6 REAL ID compliant identification card under this Act to
467+7 any person who has been issued a REAL ID compliant
468+8 driver's license under the Illinois Vehicle Code. Any such
469+9 person may, at his or her discretion, surrender the REAL
470+10 ID compliant driver's license in order to become eligible
471+11 to obtain a REAL ID compliant identification card.
472+12 9. The Secretary may issue both REAL ID compliant
473+13 identification cards and standard non-compliant
474+14 identification cards, and may permit applicants to
475+15 designate which type of identification card they wish to
476+16 receive. All provisions of this Act applicable to standard
477+17 non-compliant identification cards shall also apply to
478+18 REAL ID compliant identification cards, except where the
479+19 provisions are inconsistent with the REAL ID Act and
480+20 implementing regulations. The Secretary shall establish by
481+21 rule the date on which issuance of REAL ID compliant
482+22 identification cards will begin.
483+23 (Source: P.A. 99-143, eff. 7-27-15; 99-305, eff. 1-1-16;
484+24 99-511, eff. 1-1-17; 99-642, eff. 7-28-16; 100-248, eff.
485+25 8-22-17.)
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496+1 (15 ILCS 335/4) (from Ch. 124, par. 24)
497+2 Sec. 4. Identification card.
498+3 (a) The Secretary of State shall issue a standard Illinois
499+4 Identification Card to any natural person who is a resident of
500+5 the State of Illinois who applies for such card, or renewal
501+6 thereof. No identification card shall be issued to any person
502+7 who holds a valid foreign state identification card, license,
503+8 or permit unless the person first surrenders to the Secretary
504+9 of State the valid foreign state identification card, license,
505+10 or permit. The card shall be prepared and supplied by the
506+11 Secretary of State and shall include a photograph and
507+12 signature or mark of the applicant. However, the Secretary of
508+13 State may provide by rule for the issuance of Illinois
509+14 Identification Cards without photographs if the applicant has
510+15 a bona fide religious objection to being photographed or to
511+16 the display of his or her photograph. The Illinois
512+17 Identification Card may be used for identification purposes in
513+18 any lawful situation only by the person to whom it was issued.
514+19 As used in this Act, "photograph" means any color photograph
515+20 or digitally produced and captured image of an applicant for
516+21 an identification card. As used in this Act, "signature" means
517+22 the name of a person as written by that person and captured in
518+23 a manner acceptable to the Secretary of State.
519+24 (a-5) If an applicant for an identification card has a
520+25 current driver's license or instruction permit issued by the
521+26 Secretary of State, the Secretary may require the applicant to
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532+1 utilize the same residence address and name on the
533+2 identification card, driver's license, and instruction permit
534+3 records maintained by the Secretary. The Secretary may
535+4 promulgate rules to implement this provision.
536+5 (a-10) If the applicant is a judicial officer as defined
537+6 in Section 1-10 of the Judicial Privacy Act or a peace officer,
538+7 the applicant may elect to have his or her office or work
539+8 address listed on the card instead of the applicant's
540+9 residence or mailing address. The Secretary may promulgate
541+10 rules to implement this provision. For the purposes of this
542+11 subsection (a-10), "peace officer" means any person who by
543+12 virtue of his or her office or public employment is vested by
544+13 law with a duty to maintain public order or to make arrests for
545+14 a violation of any penal statute of this State, whether that
546+15 duty extends to all violations or is limited to specific
547+16 violations.
548+17 (a-15) The Secretary of State may provide for an expedited
549+18 process for the issuance of an Illinois Identification Card.
550+19 The Secretary shall charge an additional fee for the expedited
551+20 issuance of an Illinois Identification Card, to be set by
552+21 rule, not to exceed $75. All fees collected by the Secretary
553+22 for expedited Illinois Identification Card service shall be
554+23 deposited into the Secretary of State Special Services Fund.
555+24 The Secretary may adopt rules regarding the eligibility,
556+25 process, and fee for an expedited Illinois Identification
557+26 Card. If the Secretary of State determines that the volume of
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568+1 expedited identification card requests received on a given day
569+2 exceeds the ability of the Secretary to process those requests
570+3 in an expedited manner, the Secretary may decline to provide
571+4 expedited services, and the additional fee for the expedited
572+5 service shall be refunded to the applicant.
573+6 (a-20) The Secretary of State shall issue a standard
574+7 Illinois Identification Card to a committed person upon
575+8 release on parole, mandatory supervised release, aftercare
576+9 release, final discharge, or pardon from the Department of
577+10 Corrections or Department of Juvenile Justice, if the released
578+11 person presents a certified copy of his or her birth
579+12 certificate, social security card, if the person has a social
580+13 security number, or other documents authorized by the
581+14 Secretary, and 2 documents proving his or her Illinois
582+15 residence address. Documents proving residence address may
583+16 include any official document of the Department of Corrections
584+17 or the Department of Juvenile Justice showing the released
585+18 person's address after release and a Secretary of State
586+19 prescribed certificate of residency form, which may be
587+20 executed by Department of Corrections or Department of
588+21 Juvenile Justice personnel.
589+22 (a-25) The Secretary of State shall issue a limited-term
590+23 Illinois Identification Card valid for 90 days to a committed
591+24 person upon release on parole, mandatory supervised release,
592+25 aftercare release, final discharge, or pardon from the
593+26 Department of Corrections or Department of Juvenile Justice,
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604+1 if the released person is unable to present a certified copy of
605+2 his or her birth certificate and social security card, if the
606+3 person has a social security number, or other documents
607+4 authorized by the Secretary, but does present a Secretary of
608+5 State prescribed verification form completed by the Department
609+6 of Corrections or Department of Juvenile Justice, verifying
610+7 the released person's date of birth and social security
611+8 number, if the person has a social security number, and 2
612+9 documents proving his or her Illinois residence address. The
613+10 verification form must have been completed no more than 30
614+11 days prior to the date of application for the Illinois
615+12 Identification Card. Documents proving residence address shall
616+13 include any official document of the Department of Corrections
617+14 or the Department of Juvenile Justice showing the person's
618+15 address after release and a Secretary of State prescribed
619+16 certificate of residency, which may be executed by Department
620+17 of Corrections or Department of Juvenile Justice personnel.
621+18 Prior to the expiration of the 90-day period of the
622+19 limited-term Illinois Identification Card, if the released
623+20 person submits to the Secretary of State a certified copy of
624+21 his or her birth certificate and his or her social security
625+22 card, if the person has a social security number, or other
626+23 documents authorized by the Secretary, a standard Illinois
627+24 Identification Card shall be issued. A limited-term Illinois
628+25 Identification Card may not be renewed.
629+26 (a-30) The Secretary of State shall issue a standard
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640+1 Illinois Identification Card to a person upon conditional
641+2 release or absolute discharge from the custody of the
642+3 Department of Human Services, if the person presents a
643+4 certified copy of his or her birth certificate, social
644+5 security card, if the person has a social security number, or
645+6 other documents authorized by the Secretary, and a document
646+7 proving his or her Illinois residence address. The Secretary
647+8 of State shall issue a standard Illinois Identification Card
648+9 to a person prior to his or her conditional release or absolute
649+10 discharge if personnel from the Department of Human Services
650+11 bring the person to a Secretary of State location with the
651+12 required documents. Documents proving residence address may
652+13 include any official document of the Department of Human
653+14 Services showing the person's address after release and a
654+15 Secretary of State prescribed verification form, which may be
655+16 executed by personnel of the Department of Human Services.
656+17 (a-35) The Secretary of State shall issue a limited-term
657+18 Illinois Identification Card valid for 90 days to a person
658+19 upon conditional release or absolute discharge from the
659+20 custody of the Department of Human Services, if the person is
660+21 unable to present a certified copy of his or her birth
661+22 certificate and social security card, if the person has a
662+23 social security number, or other documents authorized by the
663+24 Secretary, but does present a Secretary of State prescribed
664+25 verification form completed by the Department of Human
665+26 Services, verifying the person's date of birth and social
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676+1 security number, if the person has a social security number,
677+2 and a document proving his or her Illinois residence address.
678+3 The verification form must have been completed no more than 30
679+4 days prior to the date of application for the Illinois
680+5 Identification Card. The Secretary of State shall issue a
681+6 limited-term Illinois Identification Card to a person no
682+7 sooner than 14 days prior to his or her conditional release or
683+8 absolute discharge if personnel from the Department of Human
684+9 Services bring the person to a Secretary of State location
685+10 with the required documents. Documents proving residence
686+11 address shall include any official document of the Department
687+12 of Human Services showing the person's address after release
688+13 and a Secretary of State prescribed verification form, which
689+14 may be executed by personnel of the Department of Human
690+15 Services.
691+16 (b) The Secretary of State shall issue a special Illinois
692+17 Identification Card, which shall be known as an Illinois
693+18 Person with a Disability Identification Card, to any natural
694+19 person who is a resident of the State of Illinois, who is a
695+20 person with a disability as defined in Section 4A of this Act,
696+21 who applies for such card, or renewal thereof. No Illinois
697+22 Person with a Disability Identification Card shall be issued
698+23 to any person who holds a valid foreign state identification
699+24 card, license, or permit unless the person first surrenders to
700+25 the Secretary of State the valid foreign state identification
701+26 card, license, or permit. The Secretary of State shall charge
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712+1 no fee to issue such card. The card shall be prepared and
713+2 supplied by the Secretary of State, and shall include a
714+3 photograph and signature or mark of the applicant, a
715+4 designation indicating that the card is an Illinois Person
716+5 with a Disability Identification Card, and shall include a
717+6 comprehensible designation of the type and classification of
718+7 the applicant's disability as set out in Section 4A of this
719+8 Act. However, the Secretary of State may provide by rule for
720+9 the issuance of Illinois Person with a Disability
721+10 Identification Cards without photographs if the applicant has
722+11 a bona fide religious objection to being photographed or to
723+12 the display of his or her photograph. If the applicant so
724+13 requests, the card shall include a description of the
725+14 applicant's disability and any information about the
726+15 applicant's disability or medical history which the Secretary
727+16 determines would be helpful to the applicant in securing
728+17 emergency medical care. If a mark is used in lieu of a
729+18 signature, such mark shall be affixed to the card in the
730+19 presence of two witnesses who attest to the authenticity of
731+20 the mark. The Illinois Person with a Disability Identification
732+21 Card may be used for identification purposes in any lawful
733+22 situation by the person to whom it was issued.
734+23 The Illinois Person with a Disability Identification Card
735+24 may be used as adequate documentation of disability in lieu of
736+25 a physician's determination of disability, a determination of
737+26 disability from a physician assistant, a determination of
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748+1 disability from an advanced practice registered nurse, or any
749+2 other documentation of disability whenever any State law
750+3 requires that a person with a disability provide such
751+4 documentation of disability, however an Illinois Person with a
752+5 Disability Identification Card shall not qualify the
753+6 cardholder to participate in any program or to receive any
754+7 benefit which is not available to all persons with like
755+8 disabilities. Notwithstanding any other provisions of law, an
756+9 Illinois Person with a Disability Identification Card, or
757+10 evidence that the Secretary of State has issued an Illinois
758+11 Person with a Disability Identification Card, shall not be
759+12 used by any person other than the person named on such card to
760+13 prove that the person named on such card is a person with a
761+14 disability or for any other purpose unless the card is used for
762+15 the benefit of the person named on such card, and the person
763+16 named on such card consents to such use at the time the card is
764+17 so used.
765+18 An optometrist's determination of a visual disability
766+19 under Section 4A of this Act is acceptable as documentation
767+20 for the purpose of issuing an Illinois Person with a
768+21 Disability Identification Card.
769+22 When medical information is contained on an Illinois
770+23 Person with a Disability Identification Card, the Office of
771+24 the Secretary of State shall not be liable for any actions
772+25 taken based upon that medical information.
773+26 (c) The Secretary of State shall provide that each
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784+1 original or renewal Illinois Identification Card or Illinois
785+2 Person with a Disability Identification Card issued to a
786+3 person under the age of 21 shall be of a distinct nature from
787+4 those Illinois Identification Cards or Illinois Person with a
788+5 Disability Identification Cards issued to individuals 21 years
789+6 of age or older. The color designated for Illinois
790+7 Identification Cards or Illinois Person with a Disability
791+8 Identification Cards for persons under the age of 21 shall be
792+9 at the discretion of the Secretary of State.
793+10 (c-1) Each original or renewal Illinois Identification
794+11 Card or Illinois Person with a Disability Identification Card
795+12 issued to a person under the age of 21 shall display the date
796+13 upon which the person becomes 18 years of age and the date upon
797+14 which the person becomes 21 years of age.
798+15 (c-3) The General Assembly recognizes the need to identify
799+16 military veterans living in this State for the purpose of
800+17 ensuring that they receive all of the services and benefits to
801+18 which they are legally entitled, including healthcare,
802+19 education assistance, and job placement. To assist the State
803+20 in identifying these veterans and delivering these vital
804+21 services and benefits, the Secretary of State is authorized to
805+22 issue Illinois Identification Cards and Illinois Person with a
806+23 Disability Identification Cards with the word "veteran"
807+24 appearing on the face of the cards. This authorization is
808+25 predicated on the unique status of veterans. The Secretary may
809+26 not issue any other identification card which identifies an
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820+1 occupation, status, affiliation, hobby, or other unique
821+2 characteristics of the identification card holder which is
822+3 unrelated to the purpose of the identification card.
823+4 (c-5) Beginning on or before July 1, 2015, the Secretary
824+5 of State shall designate a space on each original or renewal
825+6 identification card where, at the request of the applicant,
826+7 the word "veteran" shall be placed. The veteran designation
827+8 shall be available to a person identified as a veteran under
828+9 subsection (b) of Section 5 of this Act who was discharged or
829+10 separated under honorable conditions.
830+11 (d) The Secretary of State may issue a Senior Citizen
831+12 discount card, to any natural person who is a resident of the
832+13 State of Illinois who is 60 years of age or older and who
833+14 applies for such a card or renewal thereof. The Secretary of
834+15 State shall charge no fee to issue such card. The card shall be
835+16 issued in every county and applications shall be made
836+17 available at, but not limited to, nutrition sites, senior
837+18 citizen centers and Area Agencies on Aging. The applicant,
838+19 upon receipt of such card and prior to its use for any purpose,
839+20 shall have affixed thereon in the space provided therefor his
840+21 signature or mark.
841+22 (e) The Secretary of State, in his or her discretion, may
842+23 designate on each Illinois Identification Card or Illinois
843+24 Person with a Disability Identification Card a space where the
844+25 card holder may place a sticker or decal, issued by the
845+26 Secretary of State, of uniform size as the Secretary may
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856+1 specify, that shall indicate in appropriate language that the
857+2 card holder has renewed his or her Illinois Identification
858+3 Card or Illinois Person with a Disability Identification Card.
859+4 (Source: P.A. 102-299, eff. 8-6-21.)
860+5 (15 ILCS 335/4D)
861+6 Sec. 4D. Issuance of confidential identification cards.
862+7 (a) Requirements for use of confidential identification
863+8 cards. Confidential identification cards may be issued to
864+9 local, state, and federal government agencies for bona fide
865+10 law enforcement purposes. The identification cards may be
866+11 issued in fictitious names and addresses, and may be used only
867+12 in confidential, investigative, or undercover law enforcement
868+13 operations. Confidential identification cards may be issued as
869+14 REAL ID compliant or standard non-compliant identification
870+15 cards.
871+16 (b) Application procedures for confidential identification
872+17 cards:
873+18 (1) Applications by local, state, and federal
874+19 government agencies for confidential identification cards
875+20 must be made to the Secretary of State Police Department
876+21 on a form and in a manner prescribed by the Secretary of
877+22 State Police Department.
878+23 (2) The application form must include information, as
879+24 specific as possible without compromising investigations
880+25 or techniques, setting forth the need for the
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891+1 identification cards and the uses to which the
892+2 identification cards will be limited.
893+3 (3) The application form must be signed and verified
894+4 by the local, state, or federal government agency head or
895+5 designee.
896+6 (4) Information maintained by the Secretary of State
897+7 Police Department for confidential identification cards
898+8 must show the fictitious names and addresses on all
899+9 records subject to public disclosure. All other
900+10 information concerning these confidential identification
901+11 cards are exempt from disclosure unless the disclosure is
902+12 ordered by a court of competent jurisdiction.
903+13 (c) Cancellation procedures for confidential
904+14 identification cards:
905+15 (1) The Secretary of State Police Department may
906+16 cancel or refuse to renew confidential identification
907+17 cards when they have reasonable cause to believe the cards
908+18 are being used for purposes other than those set forth in
909+19 the application form or authorized by this Section.
910+20 (2) A government agency must request cancellation of
911+21 confidential identification cards that are no longer
912+22 required for the purposes for which they were issued.
913+23 (3) Upon the request of the Secretary of State Police
914+24 Department, all cancelled confidential identification
915+25 cards must be promptly returned to the Secretary of State
916+26 Police Department by the government agency to which they
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927+1 were issued.
928+2 (Source: P.A. 100-248, eff. 8-22-17.)
929+3 (15 ILCS 335/5) (from Ch. 124, par. 25)
930+4 Sec. 5. Applications.
931+5 (a) Any natural person who is a resident of the State of
932+6 Illinois may file an application for an identification card,
933+7 or for the renewal thereof, in a manner prescribed by the
934+8 Secretary. Each original application shall be completed by the
935+9 applicant in full and shall set forth the legal name,
936+10 residence address and zip code, social security number, if the
937+11 person has a social security number, birth date, sex and a
938+12 brief description of the applicant. The applicant shall be
939+13 photographed, unless the Secretary of State has provided by
940+14 rule for the issuance of identification cards without
941+15 photographs and the applicant is deemed eligible for an
942+16 identification card without a photograph under the terms and
943+17 conditions imposed by the Secretary of State, and he or she
944+18 shall also submit any other information as the Secretary may
945+19 deem necessary or such documentation as the Secretary may
946+20 require to determine the identity of the applicant. In
947+21 addition to the residence address, the Secretary may allow the
948+22 applicant to provide a mailing address. If the applicant is a
949+23 judicial officer as defined in Section 1-10 of the Judicial
950+24 Privacy Act or a peace officer, the applicant may elect to have
951+25 his or her office or work address in lieu of the applicant's
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962+1 residence or mailing address. An applicant for an Illinois
963+2 Person with a Disability Identification Card must also submit
964+3 with each original or renewal application, on forms prescribed
965+4 by the Secretary, such documentation as the Secretary may
966+5 require, establishing that the applicant is a "person with a
967+6 disability" as defined in Section 4A of this Act, and setting
968+7 forth the applicant's type and class of disability as set
969+8 forth in Section 4A of this Act. For the purposes of this
970+9 subsection (a), "peace officer" means any person who by virtue
971+10 of his or her office or public employment is vested by law with
972+11 a duty to maintain public order or to make arrests for a
973+12 violation of any penal statute of this State, whether that
974+13 duty extends to all violations or is limited to specific
975+14 violations.
976+15 (a-5) Upon the first issuance of a request for proposals
977+16 for a digital driver's license and identification card
978+17 issuance and facial recognition system issued after January 1,
979+18 2020 (the effective date of Public Act 101-513), and upon
980+19 implementation of a new or revised system procured pursuant to
981+20 that request for proposals, the Secretary shall permit
982+21 applicants to choose between "male", "female", or "non-binary"
983+22 when designating the applicant's sex on the identification
984+23 card application form. The sex designated by the applicant
985+24 shall be displayed on the identification card issued to the
986+25 applicant.
987+26 (b) Beginning on or before July 1, 2015, for each original
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998+1 or renewal identification card application under this Act, the
999+2 Secretary shall inquire as to whether the applicant is a
1000+3 veteran for purposes of issuing an identification card with a
1001+4 veteran designation under subsection (c-5) of Section 4 of
1002+5 this Act. The acceptable forms of proof shall include, but are
1003+6 not limited to, Department of Defense form DD-214, Department
1004+7 of Defense form DD-256 for applicants who did not receive a
1005+8 form DD-214 upon the completion of initial basic training,
1006+9 Department of Defense form DD-2 (Retired), an identification
1007+10 card issued under the federal Veterans Identification Card Act
1008+11 of 2015, or a United States Department of Veterans Affairs
1009+12 summary of benefits letter. If the document cannot be stamped,
1010+13 the Illinois Department of Veterans' Affairs shall provide a
1011+14 certificate to the veteran to provide to the Secretary of
1012+15 State. The Illinois Department of Veterans' Affairs shall
1013+16 advise the Secretary as to what other forms of proof of a
1014+17 person's status as a veteran are acceptable.
1015+18 For each applicant who is issued an identification card
1016+19 with a veteran designation, the Secretary shall provide the
1017+20 Department of Veterans' Affairs with the applicant's name,
1018+21 address, date of birth, gender, and such other demographic
1019+22 information as agreed to by the Secretary and the Department.
1020+23 The Department may take steps necessary to confirm the
1021+24 applicant is a veteran. If after due diligence, including
1022+25 writing to the applicant at the address provided by the
1023+26 Secretary, the Department is unable to verify the applicant's
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1034+1 veteran status, the Department shall inform the Secretary, who
1035+2 shall notify the applicant that he or she must confirm status
1036+3 as a veteran, or the identification card will be cancelled.
1037+4 For purposes of this subsection (b):
1038+5 "Armed forces" means any of the Armed Forces of the United
1039+6 States, including a member of any reserve component or
1040+7 National Guard unit.
1041+8 "Veteran" means a person who has served in the armed
1042+9 forces and was discharged or separated under honorable
1043+10 conditions.
1044+11 (c) All applicants for REAL ID compliant standard Illinois
1045+12 Identification Cards and Illinois Person with a Disability
1046+13 Identification Cards shall provide proof of lawful status in
1047+14 the United States as defined in 6 CFR 37.3, as amended.
1048+15 Applicants who are unable to provide the Secretary with proof
1049+16 of lawful status are ineligible for REAL ID compliant
1050+17 identification cards under this Act.
1051+18 (d) The Secretary of State may accept, as proof of date of
1052+19 birth and written signature for any applicant for a standard
1053+20 identification card who does not have a social security number
1054+21 or documentation issued by the United States Department of
1055+22 Homeland Security authorizing the applicant's presence in this
1056+23 country, any passport validly issued to the applicant from the
1057+24 applicant's country of citizenship or a consular
1058+25 identification document validly issued to the applicant by a
1059+26 consulate of that country as defined in Section 5 of the
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1070+1 Consular Identification Document Act. Any such documents must
1071+2 be either unexpired or presented by an applicant within 2
1072+3 years of its expiration date.
1073+4 (Source: P.A. 101-106, eff. 1-1-20; 101-287, eff. 8-9-19;
1074+5 101-513, eff. 1-1-20; 102-558, eff. 8-20-21.)
1075+6 (15 ILCS 335/11) (from Ch. 124, par. 31)
1076+7 Sec. 11. Records.
1077+8 (a) The Secretary may make a search of his records and
1078+9 furnish information as to whether a person has a current
1079+10 Standard Illinois Identification Card or an Illinois Person
1080+11 with a Disability Identification Card then on file, upon
1081+12 receipt of a written application therefor accompanied with the
1082+13 prescribed fee. However, the Secretary may not disclose
1083+14 medical information concerning an individual to any person,
1084+15 public agency, private agency, corporation or governmental
1085+16 body unless the individual has submitted a written request for
1086+17 the information or unless the individual has given prior
1087+18 written consent for the release of the information to a
1088+19 specific person or entity. This exception shall not apply to:
1089+20 (1) offices and employees of the Secretary who have a need to
1090+21 know the medical information in performance of their official
1091+22 duties, or (2) orders of a court of competent jurisdiction.
1092+23 When medical information is disclosed by the Secretary in
1093+24 accordance with the provisions of this Section, no liability
1094+25 shall rest with the Office of the Secretary of State as the
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1105+1 information is released for informational purposes only.
1106+2 (b) Except as otherwise provided in this Section, the
1107+3 Secretary may release personally identifying information only
1108+4 to:
1109+5 (1) officers and employees of the Secretary who have a
1110+6 need to know that information for issuance of driver's
1111+7 licenses, permits, or identification cards and
1112+8 investigation of fraud or misconduct;
1113+9 (2) other governmental agencies for use in their
1114+10 official governmental functions;
1115+11 (3) law enforcement agencies for a criminal or civil
1116+12 investigation, except as restricted by subsections (g) and
1117+13 (h);
1118+14 (3-5) the State Board of Elections as may be required
1119+15 by an agreement the State Board of Elections has entered
1120+16 into with a multi-state voter registration list
1121+17 maintenance system; or
1122+18 (4) any entity that the Secretary has authorized, by
1123+19 rule.
1124+20 (c) Except as otherwise provided in this Section, the
1125+21 Secretary may release highly restricted personal information
1126+22 only to:
1127+23 (1) officers and employees of the Secretary who have a
1128+24 need to access the information for the issuance of
1129+25 driver's licenses, permits, or identification cards and
1130+26 investigation of fraud or misconduct;
1131+
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1141+1 (2) law enforcement officials for a criminal or civil
1142+2 law enforcement investigation, except as restricted by
1143+3 subsections (g) and (h);
1144+4 (3) the State Board of Elections for the purpose of
1145+5 providing the signature for completion of voter
1146+6 registration; or
1147+7 (4) any other entity the Secretary has authorized by
1148+8 rule.
1149+9 (d) Documents required to be submitted with an application
1150+10 for an identification card to prove the applicant's identity
1151+11 (name and date of birth), social security number or lack of a
1152+12 social security number, written signature, residency, and, as
1153+13 applicable, citizenship and immigration proof of lawful status
1154+14 and country of citizenship shall be confidential and shall not
1155+15 be disclosed except to the following persons:
1156+16 (1) the individual to whom the identification card was
1157+17 issued, upon written request;
1158+18 (2) officers and employees of the Secretary of State
1159+19 who have a need to have access to the stored images for
1160+20 purposes of issuing and controlling driver's licenses,
1161+21 permits, or identification cards and investigation of
1162+22 fraud or misconduct;
1163+23 (3) law enforcement officials for a civil or criminal
1164+24 law enforcement investigation, except as restricted by
1165+25 subsections (g) and (h);
1166+26 (4) other entities that the Secretary may authorize by
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1177+1 rule.
1178+2 (e) The Secretary may not disclose an individual's social
1179+3 security number or any associated information obtained from
1180+4 the Social Security Administration without the written request
1181+5 or consent of the individual except: (i) to officers and
1182+6 employees of the Secretary who have a need to know the social
1183+7 security number in the performance of their official duties;
1184+8 (ii) except as restricted by subsections (g) and (h) to law
1185+9 enforcement officials for a civil or criminal law enforcement
1186+10 investigation if an officer of the law enforcement agency has
1187+11 made a written request to the Secretary specifying the law
1188+12 enforcement investigation for which the social security number
1189+13 is being sought; (iii) under a lawful court order signed by a
1190+14 judge; (iv) to the Illinois Department of Veterans' Affairs
1191+15 for the purpose of confirming veteran status to agencies in
1192+16 other states responsible for the issuance of state
1193+17 identification cards for participation in State-to-State
1194+18 verification service; or (v) the last 4 digits to the Illinois
1195+19 State Board of Elections for purposes of voter registration
1196+20 and as may be required pursuant to an agreement for a
1197+21 multi-state voter registration list maintenance system. The
1198+22 Secretary retains the right to require additional verification
1199+23 regarding the validity of a request from law enforcement. If
1200+24 social security information is disclosed by the Secretary in
1201+25 accordance with this Section, no liability shall rest with the
1202+26 Office of the Secretary of State or any of its officers or
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1213+1 employees, as the information is released for official
1214+2 purposes only.
1215+3 (f) The Secretary of State shall not provide facial
1216+4 recognition search services or photographs obtained in the
1217+5 process of issuing an identification card to any federal,
1218+6 State, or local law enforcement agency or other governmental
1219+7 entity for the purpose of enforcing federal immigration laws.
1220+8 This subsection shall not apply to requests from federal,
1221+9 State, or local law enforcement agencies or other governmental
1222+10 entities for facial recognition search services or photographs
1223+11 obtained in the process of issuing a driver's license or
1224+12 permit when the purpose of the request relates to criminal
1225+13 activity other than violations of immigration laws.
1226+14 (g) Notwithstanding any other provision of law, the
1227+15 Secretary may not release highly restricted personal
1228+16 information or personally identifying information or disclose
1229+17 documents described in subsection (d) to any immigration
1230+18 agent, as defined in Section 10 of the Illinois TRUST Act,
1231+19 unless necessary to comply with the following, to the extent
1232+20 that production of such information or documents is
1233+21 specifically required:
1234+22 (1) a lawful court order;
1235+23 (2) a judicial warrant signed by a judge appointed
1236+24 pursuant to Article III of the Constitution of the United
1237+25 States; or
1238+26 (3) a subpoena for individual records issued by a
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1249+1 federal or State court.
1250+2 When responding to such a court order, warrant, or
1251+3 subpoena, the Secretary shall disclose only those documents or
1252+4 information specifically requested. Within 3 business days of
1253+5 receiving such a court order, warrant, or subpoena, the
1254+6 Secretary shall send a notification to the individual about
1255+7 whom such information was requested that a court order,
1256+8 warrant, or subpoena was received and the identity of the
1257+9 entity that presented the court order, warrant, or subpoena.
1258+10 (h) The Secretary shall not enter into or maintain any
1259+11 agreement regarding the sharing of any highly restricted
1260+12 personal information or personally identifying information or
1261+13 documents described in subsection (d) unless all other parties
1262+14 to such agreement certify that the information obtained will
1263+15 not be used for civil immigration purposes or knowingly
1264+16 disseminated to any third party for any purpose related to
1265+17 civil immigration enforcement.
1266+18 (Source: P.A. 101-326, eff. 8-9-19; 102-354, eff. 8-13-21.)
1267+19 Section 20. The Illinois Vehicle Code is amended by
1268+20 changing Sections 6-100, 6-100.5, 6-105.1, 6-106, 6-110.1,
1269+21 6-110.2, 6-121, and 6-122 and by adding Section 6-110.3 as
1270+22 follows:
1271+23 (625 ILCS 5/6-100) (from Ch. 95 1/2, par. 6-100)
1272+24 Sec. 6-100. Definitions. For the purposes of this Chapter,
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1283+1 the following words shall have the meanings ascribed to them:
1284+2 (a) Application Process. The process of obtaining a
1285+3 driver's license, identification card, or permit. The process
1286+4 begins when a person enters a Secretary of State Driver
1287+5 Services facility and requests a driver's license,
1288+6 identification card or permit.
1289+7 (b) Conviction. A final adjudication of guilty by a court
1290+8 of competent jurisdiction either after a bench trial, trial by
1291+9 jury, plea of guilty, order of forfeiture, or default.
1292+10 (c) Identification Card. A document made or issued by or
1293+11 under the authority of the United States Government, the State
1294+12 of Illinois or any other state or political subdivision
1295+13 thereof, or any governmental or quasi-governmental
1296+14 organization that, when completed with information concerning
1297+15 the individual, is of a type intended or commonly accepted for
1298+16 the purpose of identifying the individual.
1299+17 (d) Standard Non-compliant driver's license. A driver's
1300+18 license issued in a manner which is not compliant with the REAL
1301+19 ID Act and implementing regulations. Standard Non-compliant
1302+20 driver's licenses shall be marked "Federal Limits Apply" "Not
1303+21 for Federal Identification" and shall have a color or design
1304+22 different from the REAL ID compliant driver's license.
1305+23 (e) REAL ID compliant driver's license. A driver's license
1306+24 issued in compliance with the REAL ID Act and implementing
1307+25 regulations. REAL ID compliant driver's licenses shall bear a
1308+26 security marking approved by the United States Department of
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1319+1 Homeland Security.
1320+2 (f) Limited Term REAL ID compliant driver's license. A
1321+3 REAL ID compliant driver's license issued to a person who is
1322+4 not a permanent resident or citizen of the United States, or an
1323+5 individual who has an approved application for asylum in the
1324+6 United States or has entered the United States in refugee
1325+7 status, and marked "Limited Term" on the face of the license.
1326+8 (Source: P.A. 100-248, eff. 8-22-17.)
1327+9 (625 ILCS 5/6-100.5)
1328+10 Sec. 6-100.5. Issuance of REAL ID compliant and standard
1329+11 non-compliant driver's licenses. The Secretary of State may
1330+12 issue both REAL ID compliant driver's licenses and standard
1331+13 non-compliant driver's licenses, and may permit applicants to
1332+14 designate which type of driver's license they wish to receive.
1333+15 All provisions of this Code applicable to standard
1334+16 non-compliant driver's licenses shall also apply to REAL ID
1335+17 compliant driver's licenses, except where the provisions are
1336+18 inconsistent with the REAL ID Act and implementing
1337+19 regulations. The Secretary shall establish by rule the date on
1338+20 which issuance of REAL ID compliant driver's licenses will
1339+21 begin.
1340+22 (Source: P.A. 100-248, eff. 8-22-17.)
1341+23 (625 ILCS 5/6-105.1)
1342+24 Sec. 6-105.1. Temporary visitor's driver's license.
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1353+1 (a) The Secretary of State may issue a temporary visitor's
1354+2 driver's license to a foreign national who (i) resides in this
1355+3 State, (ii) is ineligible to obtain a social security number,
1356+4 and (iii) presents to the Secretary documentation, issued by
1357+5 United States Citizenship and Immigration Services,
1358+6 authorizing the person's presence in this country.
1359+7 (a-5) The Secretary of State may issue a temporary
1360+8 visitor's driver's license to an applicant who (i) has resided
1361+9 in this State for a period in excess of one year, (ii) is
1362+10 ineligible to obtain a social security number, and (iii) is
1363+11 unable to present documentation issued by the United States
1364+12 Citizenship and Immigration Services authorizing the person's
1365+13 presence in this country. The applicant shall submit a valid
1366+14 unexpired passport from the applicant's country of citizenship
1367+15 or a valid unexpired consular identification document issued
1368+16 by a consulate of that country as defined in Section 5 of the
1369+17 Consular Identification Document Act (5 ILCS 230/5).
1370+18 (a-10) Applicants for a temporary visitor's driver's
1371+19 license who are under 18 years of age at the time of
1372+20 application shall be subject to the provisions of Sections
1373+21 6-107 and 6-108 of this Code.
1374+22 (b) A temporary visitor's driver's license issued under
1375+23 subsection (a) is valid for 3 years, or for the period of time
1376+24 the individual is authorized to remain in this country,
1377+25 whichever ends sooner. A temporary visitor's driver's license
1378+26 issued under subsection (a-5) shall be valid for a period of 3
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1389+1 years.
1390+2 (b-5) A temporary visitor's driver's license issued under
1391+3 this Section may not be accepted for proof of the holder's
1392+4 identity. A temporary visitor's driver's license issued under
1393+5 this Section shall contain a notice on its face, in
1394+6 capitalized letters, stating that the temporary visitor's
1395+7 driver's license may not be accepted for proof of identity.
1396+8 (c) The Secretary shall adopt rules for implementing this
1397+9 Section, including rules:
1398+10 (1) regarding the design and content of the temporary
1399+11 visitor's driver's license;
1400+12 (2) establishing criteria for proof of identification
1401+13 and residency of an individual applying under subsection
1402+14 (a-5);
1403+15 (3) designating acceptable evidence that an applicant
1404+16 is not eligible for a social security number; and
1405+17 (4) regarding the issuance of temporary visitor's
1406+18 instruction permits.
1407+19 (d) Any person to whom the Secretary of State may issue a
1408+20 temporary visitor's driver's license shall be subject to any
1409+21 and all provisions of this Code and any and all implementing
1410+22 regulations issued by the Secretary of State to the same
1411+23 extent as any person issued a driver's license, unless
1412+24 otherwise provided in this Code or by administrative rule,
1413+25 including but not limited to the examination requirements in
1414+26 Section 6-109 as well as the mandatory insurance requirements
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1425+1 and penalties set forth in Article VI of Chapter 7 of this
1426+2 Code.
1427+3 (d-5) A temporary visitor's driver's license is invalid if
1428+4 the holder is unable to provide proof of liability insurance
1429+5 as required by Section 7-601 of this Code upon the request of a
1430+6 law enforcement officer, in which case the holder commits a
1431+7 violation of Section 6-101 of this Code.
1432+8 (e) Temporary visitor's driver's licenses shall be issued
1433+9 from a central location after the Secretary of State has
1434+10 verified the information provided by the applicant.
1435+11 (f) There is created in the State treasury a special fund
1436+12 to be known as the Driver Services Administration Fund. All
1437+13 fees collected for the issuance of temporary visitor's
1438+14 driver's licenses shall be deposited into the Fund. These
1439+15 funds shall, subject to appropriation, be used by the Office
1440+16 of the Secretary of State for costs related to the issuance of
1441+17 temporary visitor's driver's licenses, and other operational
1442+18 costs, including personnel, facilities, computer programming,
1443+19 and data transmission.
1444+20 (g) No temporary visitor's driver's licenses shall be
1445+21 issued after the effective date of this amendatory Act of the
1446+22 103rd General Assembly.
1447+23 (Source: P.A. 97-1157, eff. 11-28-13.)
1448+24 (625 ILCS 5/6-106) (from Ch. 95 1/2, par. 6-106)
1449+25 Sec. 6-106. Application for license or instruction permit.
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1460+1 (a) Every application for any permit or license authorized
1461+2 to be issued under this Code shall be made upon a form
1462+3 furnished by the Secretary of State. Every application shall
1463+4 be accompanied by the proper fee and payment of such fee shall
1464+5 entitle the applicant to not more than 3 attempts to pass the
1465+6 examination within a period of one year after the date of
1466+7 application.
1467+8 (b) Every application shall state the legal name, social
1468+9 security number, zip code, date of birth, sex, and residence
1469+10 address of the applicant; briefly describe the applicant;
1470+11 state whether the applicant has theretofore been licensed as a
1471+12 driver, and, if so, when and by what state or country, and
1472+13 whether any such license has ever been cancelled, suspended,
1473+14 revoked or refused, and, if so, the date and reason for such
1474+15 cancellation, suspension, revocation or refusal; shall include
1475+16 an affirmation by the applicant that all information set forth
1476+17 is true and correct; and shall bear the applicant's signature.
1477+18 In addition to the residence address, the Secretary may allow
1478+19 the applicant to provide a mailing address. In the case of an
1479+20 applicant who is a judicial officer or peace officer, the
1480+21 Secretary may allow the applicant to provide an office or work
1481+22 address in lieu of a residence or mailing address. The
1482+23 application form may also require the statement of such
1483+24 additional relevant information as the Secretary of State
1484+25 shall deem necessary to determine the applicant's competency
1485+26 and eligibility. The Secretary of State may, in his
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1496+1 discretion, by rule or regulation, provide that an application
1497+2 for a drivers license or permit may include a suitable
1498+3 photograph of the applicant in the form prescribed by the
1499+4 Secretary, and he may further provide that each drivers
1500+5 license shall include a photograph of the driver. The
1501+6 Secretary of State may utilize a photograph process or system
1502+7 most suitable to deter alteration or improper reproduction of
1503+8 a drivers license and to prevent substitution of another photo
1504+9 thereon. For the purposes of this subsection (b), "peace
1505+10 officer" means any person who by virtue of his or her office or
1506+11 public employment is vested by law with a duty to maintain
1507+12 public order or to make arrests for a violation of any penal
1508+13 statute of this State, whether that duty extends to all
1509+14 violations or is limited to specific violations.
1510+15 (b-1) Every application shall state the social security
1511+16 number of the applicant; except if the applicant is applying
1512+17 for a standard driver's license and, on the date of
1513+18 application, is ineligible for a social security number, then:
1514+19 (1) if the applicant has documentation, issued by the
1515+20 United States Department of Homeland Security, authorizing
1516+21 the applicant's presence in this country, the applicant
1517+22 shall provide such documentation instead of a social
1518+23 security number; and
1519+24 (2) if the applicant does not have documentation
1520+25 described in paragraph (1), the applicant shall provide,
1521+26 instead of a social security number, the following:
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1532+1 (A) documentation establishing that the applicant
1533+2 has resided in this State for a period in excess of one
1534+3 year;
1535+4 (B) a passport validly issued to the applicant
1536+5 from the applicant's country of citizenship or a
1537+6 consular identification document validly issued to the
1538+7 applicant by a consulate of that country as defined in
1539+8 Section 5 of the Consular Identification Document Act,
1540+9 as long as such documents are either unexpired or
1541+10 presented by an applicant within 2 years of its
1542+11 expiration date; and
1543+12 (C) a social security card, if the applicant has a
1544+13 social security number.
1545+14 (b-3) Upon the first issuance of a request for proposals
1546+15 for a digital driver's license and identification card
1547+16 issuance and facial recognition system issued after January 1,
1548+17 2020 (the effective date of Public Act 101-513), and upon
1549+18 implementation of a new or revised system procured pursuant to
1550+19 that request for proposals, the Secretary shall permit
1551+20 applicants to choose between "male", "female" or "non-binary"
1552+21 when designating the applicant's sex on the driver's license
1553+22 application form. The sex designated by the applicant shall be
1554+23 displayed on the driver's license issued to the applicant.
1555+24 (b-5) Every applicant for a REAL ID compliant driver's
1556+25 license or permit shall provide proof of lawful status in the
1557+26 United States as defined in 6 CFR 37.3, as amended. Applicants
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1568+1 who are unable to provide the Secretary with proof of lawful
1569+2 status may apply for a driver's license or permit under
1570+3 Section 6-105.1 of this Code.
1571+4 (c) The application form shall include a notice to the
1572+5 applicant of the registration obligations of sex offenders
1573+6 under the Sex Offender Registration Act. The notice shall be
1574+7 provided in a form and manner prescribed by the Secretary of
1575+8 State. For purposes of this subsection (c), "sex offender" has
1576+9 the meaning ascribed to it in Section 2 of the Sex Offender
1577+10 Registration Act.
1578+11 (d) Any male United States citizen or immigrant who
1579+12 applies for any permit or license authorized to be issued
1580+13 under this Code or for a renewal of any permit or license, and
1581+14 who is at least 18 years of age but less than 26 years of age,
1582+15 must be registered in compliance with the requirements of the
1583+16 federal Military Selective Service Act. The Secretary of State
1584+17 must forward in an electronic format the necessary personal
1585+18 information regarding the applicants identified in this
1586+19 subsection (d) to the Selective Service System. The
1587+20 applicant's signature on the application serves as an
1588+21 indication that the applicant either has already registered
1589+22 with the Selective Service System or that he is authorizing
1590+23 the Secretary to forward to the Selective Service System the
1591+24 necessary information for registration. The Secretary must
1592+25 notify the applicant at the time of application that his
1593+26 signature constitutes consent to registration with the
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1604+1 Selective Service System, if he is not already registered.
1605+2 (e) Beginning on or before July 1, 2015, for each original
1606+3 or renewal driver's license application under this Code, the
1607+4 Secretary shall inquire as to whether the applicant is a
1608+5 veteran for purposes of issuing a driver's license with a
1609+6 veteran designation under subsection (e-5) of Section 6-110 of
1610+7 this Code. The acceptable forms of proof shall include, but
1611+8 are not limited to, Department of Defense form DD-214,
1612+9 Department of Defense form DD-256 for applicants who did not
1613+10 receive a form DD-214 upon the completion of initial basic
1614+11 training, Department of Defense form DD-2 (Retired), an
1615+12 identification card issued under the federal Veterans
1616+13 Identification Card Act of 2015, or a United States Department
1617+14 of Veterans Affairs summary of benefits letter. If the
1618+15 document cannot be stamped, the Illinois Department of
1619+16 Veterans' Affairs shall provide a certificate to the veteran
1620+17 to provide to the Secretary of State. The Illinois Department
1621+18 of Veterans' Affairs shall advise the Secretary as to what
1622+19 other forms of proof of a person's status as a veteran are
1623+20 acceptable.
1624+21 For each applicant who is issued a driver's license with a
1625+22 veteran designation, the Secretary shall provide the
1626+23 Department of Veterans' Affairs with the applicant's name,
1627+24 address, date of birth, gender and such other demographic
1628+25 information as agreed to by the Secretary and the Department.
1629+26 The Department may take steps necessary to confirm the
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1640+1 applicant is a veteran. If after due diligence, including
1641+2 writing to the applicant at the address provided by the
1642+3 Secretary, the Department is unable to verify the applicant's
1643+4 veteran status, the Department shall inform the Secretary, who
1644+5 shall notify the applicant that he or she must confirm status
1645+6 as a veteran, or the driver's license will be cancelled.
1646+7 For purposes of this subsection (e):
1647+8 "Armed forces" means any of the Armed Forces of the United
1648+9 States, including a member of any reserve component or
1649+10 National Guard unit.
1650+11 "Veteran" means a person who has served in the armed
1651+12 forces and was discharged or separated under honorable
1652+13 conditions.
1653+14 (Source: P.A. 101-106, eff. 1-1-20; 101-287, eff. 8-9-19;
1654+15 101-513, eff. 1-1-20; 102-558, eff. 8-20-21.)
1655+16 (625 ILCS 5/6-110.1)
1656+17 Sec. 6-110.1. Confidentiality of captured photographs or
1657+18 images.
1658+19 (a) The Secretary of State shall maintain a file on or
1659+20 contract to file all photographs and signatures obtained in
1660+21 the process of issuing a driver's license, permit, or
1661+22 identification card. Except as otherwise provided in this
1662+23 Section, the photographs and signatures shall be confidential
1663+24 and shall not be disclosed except to the following persons:
1664+25 (1) the individual to whom the driver's license or
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1675+1 permit was issued, upon written request;
1676+2 (2) officers and employees of the Secretary of State
1677+3 who have a need to have access to the stored images for
1678+4 purposes of issuing and controlling driver's licenses,
1679+5 permits, or identification cards and investigation of
1680+6 fraud or misconduct;
1681+7 (3) law enforcement officials for a civil or criminal
1682+8 law enforcement investigation, except as restricted by
1683+9 section 6-110.3;
1684+10 (3-5) the State Board of Elections for the sole
1685+11 purpose of providing the signatures required by a local
1686+12 election authority to register a voter through an online
1687+13 voter registration system;
1688+14 (3-10) officers and employees of the Secretary of
1689+15 State who have a need to have access to the stored images
1690+16 for purposes of issuing and controlling notary public
1691+17 commissions and for the purpose of providing the
1692+18 signatures required to process online applications for
1693+19 appointment and commission as notaries public; or
1694+20 (4) other entities that the Secretary may authorize by
1695+21 rule.
1696+22 (b) The Secretary of State shall not provide facial
1697+23 recognition search services or photographs obtained in the
1698+24 process of issuing a driver's license or permit to any
1699+25 federal, State, or local law enforcement agency or other
1700+26 governmental entity for the purpose of enforcing federal
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1711+1 immigration laws. This subsection shall not apply to requests
1712+2 from federal, State, or local law enforcement agencies or
1713+3 other governmental entities for facial recognition search
1714+4 services or photographs obtained in the process of issuing a
1715+5 driver's license or permit when the purpose of the request
1716+6 relates to criminal activity other than violations of
1717+7 immigration laws.
1718+8 (Source: P.A. 101-326, eff. 8-9-19; 102-354, eff. 8-13-21.)
1719+9 (625 ILCS 5/6-110.2)
1720+10 Sec. 6-110.2. Confidentiality of documents submitted with
1721+11 an application for a driver's license. Documents required to
1722+12 be submitted with an application for a driver's license to
1723+13 prove the applicant's identity (name and date of birth),
1724+14 social security number or lack of a social security number,
1725+15 written signature, residency, and, as applicable, citizenship
1726+16 or immigration proof of lawful status and country of
1727+17 citizenship shall be confidential and shall not be disclosed
1728+18 except to the following persons:
1729+19 (1) the individual to whom the driver's license or
1730+20 permit was issued, upon written request;
1731+21 (2) officers and employees of the Secretary of State
1732+22 who have a need to have access to the stored images for
1733+23 purposes of issuing and controlling driver's licenses,
1734+24 permits, or identification cards and investigation of
1735+25 fraud or misconduct;
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1746+1 (3) law enforcement officials for a civil or criminal
1747+2 law enforcement investigation, except as restricted by
1748+3 Section 6-110.3;
1749+4 (4) other entities that the Secretary may authorize by
1750+5 rule.
1751+6 (Source: P.A. 101-326, eff. 8-9-19.)
1752+7 (625 ILCS 5/6-110.3 new)
1753+8 Sec. 6-110.3. Restrictions on use of information for
1754+9 certain purposes.
1755+10 (a) Notwithstanding any other provision of law, the
1756+11 Secretary may not release or make accessible in any manner any
1757+12 highly restricted personal information as defined in Section
1758+13 1-125.9 or personally identifying information as defined in
1759+14 Section 1-159.2, provide images, photos, or facial recognition
1760+15 services as described in Section 6-110.1, or disclose
1761+16 documents as described in Section 6-110.2 to any immigration
1762+17 agent as defined in Section 10 of the Illinois TRUST Act,
1763+18 unless necessary to comply with the following, to the extent
1764+19 that production of such information or documents is
1765+20 specifically required:
1766+21 (1) a lawful court order;
1767+22 (2) a judicial warrant signed by a judge appointed
1768+23 pursuant to Article III of the Constitution of the United
1769+24 States; or
1770+25 (3) a subpoena for individual records issued by a
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1781+1 federal or State court.
1782+2 When responding to such a court order, warrant, or
1783+3 subpoena, the Secretary shall disclose only those documents or
1784+4 information specifically requested. Within 3 business days of
1785+5 receiving such a court order, warrant, or subpoena, the
1786+6 Secretary shall send a notification to the individual about
1787+7 whom such information was requested that a court order,
1788+8 warrant, or subpoena was received and the identity of the
1789+9 entity that presented the court order, warrant, or subpoena.
1790+10 (b) The Secretary shall not enter into or maintain any
1791+11 agreement regarding the sharing of any highly restricted
1792+12 personal information as defined in Section 1-125.9, personally
1793+13 identifying information as defined in Section 1-159.2, images
1794+14 or photos described in Section 6-110.1, or documents described
1795+15 in Section 6-110.2 unless all other parties to such agreement
1796+16 certify that the information obtained will not be used for
1797+17 civil immigration purposes or knowingly disseminated to any
1798+18 third party for any purpose related to civil immigration
1799+19 enforcement.
1800+20 (625 ILCS 5/6-121)
1801+21 Sec. 6-121. Issuance of confidential drivers' licenses.
1802+22 (a) Requirements for use of confidential drivers'
1803+23 licenses. Confidential drivers' licenses may be issued to
1804+24 local, state, and federal government agencies for bona fide
1805+25 law enforcement purposes. The drivers' licenses may be issued
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1816+1 with fictitious names and addresses, and may be used only for
1817+2 confidential, investigative, or undercover law enforcement
1818+3 operations. Confidential drivers' licenses may be issued as
1819+4 REAL ID compliant or standard non-compliant driver's licenses.
1820+5 (b) Application procedures for confidential drivers'
1821+6 licenses:
1822+7 (1) Applications by local, state, and federal
1823+8 government agencies for confidential drivers' licenses
1824+9 must be made to the Secretary of State Police Department
1825+10 on a form and in a manner prescribed by the Secretary of
1826+11 State Police Department.
1827+12 (2) The application form must include information, as
1828+13 specific as possible without compromising investigations
1829+14 or techniques, setting forth the need for the drivers'
1830+15 licenses and the uses to which the licenses will be
1831+16 limited.
1832+17 (3) The application form must be signed and verified
1833+18 by the local, state, or federal government agency head or
1834+19 designee.
1835+20 (4) Registration information maintained by the
1836+21 Secretary of State Police Department for confidential
1837+22 drivers' licenses must show the fictitious names and
1838+23 addresses on all records subject to public disclosure. All
1839+24 other information concerning these confidential drivers'
1840+25 licenses are exempt from disclosure unless the disclosure
1841+26 is ordered by a court of competent jurisdiction.
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1852+1 (c) Revocation and cancellation procedures for
1853+2 confidential drivers' licenses:
1854+3 (1) The Secretary of State Police Department may
1855+4 revoke or refuse to renew confidential drivers' licenses
1856+5 when they have reasonable cause to believe the licenses
1857+6 are being used for purposes other than those set forth in
1858+7 the application form or authorized by this Section.
1859+8 Confidential drivers' licenses may also be revoked where
1860+9 traffic violation citations have been issued to the driver
1861+10 and subsequent investigation reveals that the issuance of
1862+11 the citations was unrelated to the purposes for which the
1863+12 confidential driver's license was issued. In such cases,
1864+13 the citations and any resulting court orders, convictions,
1865+14 supervisions or other sanctions must be treated by the
1866+15 Secretary of State as though they were issued in relation
1867+16 to the true driver's license of the individual to whom the
1868+17 confidential driver's license was issued.
1869+18 (2) A government agency must request cancellation of
1870+19 confidential drivers' licenses that are no longer required
1871+20 for the purposes for which they were issued.
1872+21 (3) All revoked confidential drivers' licenses must be
1873+22 promptly returned to the Secretary of State Police
1874+23 Department by the government agency to which they were
1875+24 issued.
1876+25 (Source: P.A. 100-248, eff. 8-22-17.)
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1887+1 (625 ILCS 5/6-122)
1888+2 Sec. 6-122. Expedited driver's license. The Secretary of
1889+3 State may provide for an expedited process for the issuance of
1890+4 a driver's license, excluding temporary visitor's driver's
1891+5 licenses. The Secretary shall charge an additional fee for the
1892+6 issuance of an expedited driver's license, to be set by rule,
1893+7 not to exceed $75. All fees collected by the Secretary for
1894+8 expedited driver's license service shall be deposited into the
1895+9 Secretary of State Special Services Fund. The Secretary may
1896+10 adopt rules regarding the eligibility, process, and fee for an
1897+11 expedited driver's license.
1898+12 (Source: P.A. 99-305, eff. 1-1-16.)
1899+13 Section 99. Effective date. This Act takes effect July 1,
1900+14 2024.
1901+HB3882 Enrolled- 55 -LRB103 26790 MXP 53153 b 1 INDEX 2 Statutes amended in order of appearance HB3882 Enrolled- 55 -LRB103 26790 MXP 53153 b HB3882 Enrolled - 55 - LRB103 26790 MXP 53153 b 1 INDEX 2 Statutes amended in order of appearance
1902+HB3882 Enrolled- 55 -LRB103 26790 MXP 53153 b HB3882 Enrolled - 55 - LRB103 26790 MXP 53153 b
1903+ HB3882 Enrolled - 55 - LRB103 26790 MXP 53153 b
1904+1 INDEX
1905+2 Statutes amended in order of appearance
1906+
1907+
1908+
1909+
1910+
1911+ HB3882 Enrolled - 54 - LRB103 26790 MXP 53153 b
1912+
1913+
1914+
1915+HB3882 Enrolled- 55 -LRB103 26790 MXP 53153 b HB3882 Enrolled - 55 - LRB103 26790 MXP 53153 b
1916+ HB3882 Enrolled - 55 - LRB103 26790 MXP 53153 b
1917+1 INDEX
1918+2 Statutes amended in order of appearance
1919+
1920+
1921+
1922+
1923+
1924+ HB3882 Enrolled - 55 - LRB103 26790 MXP 53153 b