Public Act 103-0210
HB3882 EnrolledLRB103 26790 MXP 53153 b HB3882 Enrolled LRB103 26790 MXP 53153 b
HB3882 Enrolled LRB103 26790 MXP 53153 b
AN ACT concerning transportation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Consular Identification Document Act is
amended by changing Section 10 as follows:
(5 ILCS 230/10)
Sec. 10. Acceptance of consular identification document.
(a) When requiring members of the public to provide
identification, each State agency and officer and unit of
local government shall accept a consular identification
document as valid identification of a person.
(b) A consular identification document shall be accepted
for purposes of identification only and does not convey an
independent right to receive benefits of any type.
(c) A consular identification document may not be accepted
as identification for obtaining a REAL ID compliant driver's
license, as defined by Section 6-100 of the Vehicle Code,
other than a temporary visitor's driver's license, or
registering to vote.
(d) A consular identification document does not establish
or indicate lawful U.S. immigration status and may not be
viewed as valid for that purpose, nor does a consular
identification document establish a foreign national's right
HB3882 Enrolled LRB103 26790 MXP 53153 b
to be in the United States or remain in the United States.
(e) The requirements of subsection (a) do not apply if:
(1) a federal law, regulation, or directive or a
federal court decision requires a State agency or officer
or a unit of local government to obtain different
identification;
(2) a federal law, regulation, or directive preempts
state regulation of identification requirements; or
(3) a State agency or officer or a unit of local
government would be unable to comply with a condition
imposed by a funding source which would cause the State
agency or officer or unit of local government to lose
funds from that source.
(f) Nothing in subsection (a) shall be construed to
prohibit a State agency or officer or a unit of local
government from:
(1) requiring additional information from persons in
order to verify a current address or other facts that
would enable the State agency or officer or unit of local
government to fulfill its responsibilities, except that
this paragraph (1) does not permit a State agency or
officer or a unit of local government to require
additional information solely in order to establish
identification of the person when the consular
identification document is the form of identification
presented;
(2) requiring fingerprints for identification purposes
under circumstances where the State agency or officer or
unit of local government also requires fingerprints from
persons who have a driver's license or Illinois
Identification Card; or
(3) requiring additional evidence of identification if
the State agency or officer or unit of local government
reasonably believes that: (A) the consular identification
document is forged, fraudulent, or altered; or (B) the
holder does not appear to be the same person on the
consular identification document.
(Source: P.A. 97-1157, eff. 11-28-13.)
Section 10. The Election Code is amended by changing
Section 1A-16.1 as follows:
(10 ILCS 5/1A-16.1)
Sec. 1A-16.1. Automatic voter registration; Secretary of
State.
(a) The Office of the Secretary of State and the State
Board of Elections, pursuant to an interagency contract and
jointly-adopted rules, shall establish an automatic voter
registration program that satisfies the requirements of this
Section and other applicable law.
(b) If an application, an application for renewal, a
change of address form, or a recertification form for a
driver's license, other than a temporary visitor's driver's
license, or a State identification card issued by the Office
of the Secretary of State meets the requirements of the
federal REAL ID Act of 2005, then that application shall serve
as a dual-purpose application. The dual-purpose application
shall:
(1) also serve as an application to register to vote
in Illinois;
(2) allow an applicant to change his or her registered
residence address or name as it appears on the voter
registration rolls;
(3) provide the applicant with an opportunity to
affirmatively decline to register to vote or to change his
or her registered residence address or name by providing a
check box on the application form without requiring the
applicant to state the reason; and
(4) unless the applicant declines to register to vote
or change his or her registered residence address or name,
require the applicant to attest, by signature under
penalty of perjury as described in subsection (e) of this
Section, to meeting the qualifications to register to vote
in Illinois at his or her residence address as indicated
on his or her driver's license or identification card
dual-purpose application.
(b-5) If an application, an application for renewal, a
change of address form, or a recertification form for a
driver's license, other than a temporary visitor's driver's
license, or a State identification card issued by the Office
of the Secretary of State, other than an application or form
that pertains to a standard driver's license or identification
card and does not list a social security number for the
applicant, does not meet the requirements of the federal REAL
ID Act of 2005, then that application shall serve as a
dual-purpose application. The dual-purpose application shall:
(1) also serve as an application to register to vote
in Illinois;
(2) allow an applicant to change his or her registered
residence address or name as it appears on the voter
registration rolls; and
(3) if the applicant chooses to register to vote or to
change his or her registered residence address or name,
then require the applicant to attest, by a separate
signature under penalty of perjury, to meeting the
qualifications to register to vote in Illinois at his or
her residence address as indicated on his or her
dual-purpose application.
(b-10) The Office of the Secretary of State shall clearly
and conspicuously inform each applicant in writing: (i) of the
qualifications to register to vote in Illinois, (ii) of the
penalties provided by law for submission of a false voter
registration application, (iii) that, unless the applicant
declines to register to vote or update his or her voter
registration, his or her dual-purpose application shall also
serve as both an application to register to vote and his or her
attestation that he or she meets the eligibility requirements
for voter registration, and that his or her application to
register to vote or update his or her registration will be
transmitted to the State Board of Elections for the purpose of
registering the person to vote at the residence address to be
indicated on his or her driver's license or identification
card, and (iv) that declining to register to vote is
confidential and will not affect any services the person may
be seeking from the Office of the Secretary of State.
(c) The Office of the Secretary of State shall review
information provided to the Office of the Secretary of State
by the State Board of Elections to inform each applicant for a
driver's license or permit, other than a temporary visitor's
driver's license, or a State identification card issued by the
Office of the Secretary of State, other than an application or
form that pertains to a standard driver's license or
identification card and does not list a social security number
for the applicant, whether the applicant is currently
registered to vote in Illinois and, if registered, at what
address.
(d) The Office of the Secretary of State shall not require
an applicant for a driver's license or State identification
card to provide duplicate identification or information in
order to complete an application to register to vote or change
his or her registered residence address or name. Before
transmitting any personal information about an applicant to
the State Board of Elections, the Office of the Secretary of
State shall review its records of the identification documents
the applicant provided in order to complete the application
for a driver's license or State identification card, to
confirm that nothing in those documents indicates that the
applicant does not satisfy the qualifications to register to
vote in Illinois at his or her residence address.
(e) A completed, signed application for (i) a driver's
license or permit, other than a temporary visitor's driver's
license, or a State identification card issued by the Office
of the Secretary of State, that meets the requirements of the
federal REAL ID Act of 2005; or (ii) a completed application
under subsection (b-5) of this Section with a separate
signature attesting the applicant meets the qualifications to
register to vote in Illinois at his or her residence address as
indicated on his or her application shall constitute a signed
application to register to vote in Illinois at the residence
address indicated in the application unless the person
affirmatively declined in the application to register to vote
or to change his or her registered residence address or name.
If the identification documents provided to complete the
dual-purpose application indicate that he or she does not
satisfy the qualifications to register to vote in Illinois at
his or her residence address, the application shall be marked
as incomplete.
(f) For each completed and signed application that
constitutes an application to register to vote in Illinois or
provides for a change in the applicant's registered residence
address or name, the Office of the Secretary of State shall
electronically transmit to the State Board of Elections
personal information needed to complete the person's
registration to vote in Illinois at his or her residence
address. The application to register to vote shall be
processed in accordance with Section 1A-16.7.
(g) If the federal REAL ID Act of 2005 is repealed,
abrogated, superseded, or otherwise no longer in effect, then
the State Board of Elections shall establish criteria for
determining reliable personal information indicating
citizenship status and shall adopt rules as necessary for the
Secretary of State to continue processing dual-purpose
applications under this Section.
(h) As used in this Section, "dual-purpose application"
means an application, an application for renewal, a change of
address form, or a recertification form for driver's license
or permit, other than a temporary visitor's driver's license,
or a State identification card offered by the Secretary of
State, other than an application or form that pertains to a
standard driver's license or identification card and does not
list a social security number for the applicant, that also
serves as an application to register to vote in Illinois.
"Dual-purpose application" does not mean an application under
subsection (c) of Section 6-109 of the Illinois Vehicle Code.
(Source: P.A. 100-464, eff. 8-28-17.)
Section 15. The Illinois Identification Card Act is
amended by changing Sections 1A, 2, 4, 4D, 5, and 11 as
follows:
(15 ILCS 335/1A)
Sec. 1A. Definitions. As used in this Act:
"Highly restricted personal information" means an
individual's photograph, signature, social security number,
and medical or disability information.
"Identification card making implement" means any material,
hardware, or software that is specifically designed for or
primarily used in the manufacture, assembly, issuance, or
authentication of an official identification card issued by
the Secretary of State.
"Fraudulent identification card" means any identification
card that purports to be an official identification card for
which a computerized number and file have not been created by
the Secretary of State, the United States Government or any
state or political subdivision thereof, or any governmental or
quasi-governmental organization. For the purpose of this Act,
any identification card that resembles an official
identification card in either size, color, photograph
location, or design or uses the word "official", "state",
"Illinois", or the name of any other state or political
subdivision thereof, or any governmental or quasi-governmental
organization individually or in any combination thereof to
describe or modify the term "identification card" or "I.D.
card" anywhere on the card, or uses a shape in the likeness of
Illinois or any other state on the photograph side of the card,
is deemed to be a fraudulent identification card unless the
words "This is not an official Identification Card", appear
prominently upon it in black colored lettering in 12-point
type on the photograph side of the card, and no such card shall
be smaller in size than 3 inches by 4 inches, and the
photograph shall be on the left side of the card only.
"Legal name" means the full given name and surname of an
individual as recorded at birth, recorded at marriage, or
deemed as the correct legal name for use in reporting income by
the Social Security Administration or the name as otherwise
established through legal action that appears on the
associated official document presented to the Secretary of
State.
"Personally identifying information" means information
that identifies an individual, including his or her
identification card number, name, address (but not the 5-digit
zip code), date of birth, height, weight, hair color, eye
color, email address, and telephone number.
"Homeless person" or "homeless individual" has the same
meaning as defined by the federal McKinney-Vento Homeless
Assistance Act, 42 U.S.C. 11302, or 42 U.S.C. 11434a(2).
"Youth for whom the Department of Children and Family
Services is legally responsible" or "foster child" means a
child or youth whose guardianship or custody has been accepted
by the Department of Children and Family Services pursuant to
the Juvenile Court Act of 1987, the Children and Family
Services Act, the Abused and Neglected Child Reporting Act,
and the Adoption Act. This applies to children for whom the
Department of Children and Family Services has temporary
protective custody, custody or guardianship via court order,
or children whose parents have signed an adoptive surrender or
voluntary placement agreement with the Department.
"REAL ID compliant identification card" means a standard
Illinois Identification Card or Illinois Person with a
Disability Identification Card issued in compliance with the
REAL ID Act and implementing regulations. REAL ID compliant
identification cards shall bear a security marking approved by
the United States Department of Homeland Security.
"Standard Non-compliant identification card" means a
standard Illinois Identification Card or Illinois Person with
a Disability Identification Card issued in a manner which is
not compliant with the REAL ID Act and implementing
regulations. Standard Non-compliant identification cards shall
be marked "Federal Limits Apply" "Not for Federal
Identification" and shall have a color or design different
from the REAL ID compliant identification card.
"Limited Term REAL ID compliant identification card" means
a REAL ID compliant identification card that is issued to
persons who are not permanent residents or citizens of the
United States, or an individual who has an approved
application for asylum in the United States or has entered the
United States in refugee status, and is marked "Limited Term"
on the face of the card.
(Source: P.A. 100-201, eff. 8-18-17; 100-248, eff. 8-22-17;
101-326, eff. 8-9-19.)
(15 ILCS 335/2) (from Ch. 124, par. 22)
Sec. 2. Administration and powers and duties of the
Administrator.
(a) The Secretary of State is the Administrator of this
Act, and he is charged with the duty of observing,
administering and enforcing the provisions of this Act.
(b) The Secretary is vested with the powers and duties for
the proper administration of this Act as follows:
1. He shall organize the administration of this Act as
he may deem necessary and appoint such subordinate
officers, clerks and other employees as may be necessary.
2. From time to time, he may make, amend or rescind
rules and regulations as may be in the public interest to
implement the Act.
3. He may prescribe or provide suitable forms as
necessary, including such forms as are necessary to
establish that an applicant for an Illinois Person with a
Disability Identification Card is a "person with a
disability" as defined in Section 4A of this Act, and
establish that an applicant for a State identification
card is a "homeless person" as defined in Section 1A of
this Act.
4. He may prepare under the seal of the Secretary of
State certified copies of any records utilized under this
Act and any such certified copy shall be admissible in any
proceeding in any court in like manner as the original
thereof.
5. Records compiled under this Act shall be maintained
for 6 years, but the Secretary may destroy such records
with the prior approval of the State Records Commission.
6. He shall examine and determine the genuineness,
regularity and legality of every application filed with
him under this Act, and he may in all cases investigate the
same, require additional information or proof or
documentation from any applicant.
7. He shall require the payment of all fees prescribed
in this Act, and all such fees received by him shall be
placed in the Road Fund of the State treasury except as
otherwise provided in Section 12 of this Act. Whenever any
application to the Secretary for an identification card
under this Act is accompanied by any fee, as required by
law, and the application is denied after a review of
eligibility, which may include facial recognition
comparison, the applicant shall not be entitled to a
refund of any fees paid.
8. Beginning July 1, 2017, he shall refuse to issue a
REAL ID compliant identification card under this Act to
any person who has been issued a REAL ID compliant
driver's license under the Illinois Vehicle Code. Any such
person may, at his or her discretion, surrender the REAL
ID compliant driver's license in order to become eligible
to obtain a REAL ID compliant identification card.
9. The Secretary may issue both REAL ID compliant
identification cards and standard non-compliant
identification cards, and may permit applicants to
designate which type of identification card they wish to
receive. All provisions of this Act applicable to standard
non-compliant identification cards shall also apply to
REAL ID compliant identification cards, except where the
provisions are inconsistent with the REAL ID Act and
implementing regulations. The Secretary shall establish by
rule the date on which issuance of REAL ID compliant
identification cards will begin.
(Source: P.A. 99-143, eff. 7-27-15; 99-305, eff. 1-1-16;
99-511, eff. 1-1-17; 99-642, eff. 7-28-16; 100-248, eff.
8-22-17.)
(15 ILCS 335/4) (from Ch. 124, par. 24)
Sec. 4. Identification card.
(a) The Secretary of State shall issue a standard Illinois
Identification Card to any natural person who is a resident of
the State of Illinois who applies for such card, or renewal
thereof. No identification card shall be issued to any person
who holds a valid foreign state identification card, license,
or permit unless the person first surrenders to the Secretary
of State the valid foreign state identification card, license,
or permit. The card shall be prepared and supplied by the
Secretary of State and shall include a photograph and
signature or mark of the applicant. However, the Secretary of
State may provide by rule for the issuance of Illinois
Identification Cards without photographs if the applicant has
a bona fide religious objection to being photographed or to
the display of his or her photograph. The Illinois
Identification Card may be used for identification purposes in
any lawful situation only by the person to whom it was issued.
As used in this Act, "photograph" means any color photograph
or digitally produced and captured image of an applicant for
an identification card. As used in this Act, "signature" means
the name of a person as written by that person and captured in
a manner acceptable to the Secretary of State.
(a-5) If an applicant for an identification card has a
current driver's license or instruction permit issued by the
Secretary of State, the Secretary may require the applicant to
utilize the same residence address and name on the
identification card, driver's license, and instruction permit
records maintained by the Secretary. The Secretary may
promulgate rules to implement this provision.
(a-10) If the applicant is a judicial officer as defined
in Section 1-10 of the Judicial Privacy Act or a peace officer,
the applicant may elect to have his or her office or work
address listed on the card instead of the applicant's
residence or mailing address. The Secretary may promulgate
rules to implement this provision. For the purposes of this
subsection (a-10), "peace officer" means any person who by
virtue of his or her office or public employment is vested by
law with a duty to maintain public order or to make arrests for
a violation of any penal statute of this State, whether that
duty extends to all violations or is limited to specific
violations.
(a-15) The Secretary of State may provide for an expedited
process for the issuance of an Illinois Identification Card.
The Secretary shall charge an additional fee for the expedited
issuance of an Illinois Identification Card, to be set by
rule, not to exceed $75. All fees collected by the Secretary
for expedited Illinois Identification Card service shall be
deposited into the Secretary of State Special Services Fund.
The Secretary may adopt rules regarding the eligibility,
process, and fee for an expedited Illinois Identification
Card. If the Secretary of State determines that the volume of
expedited identification card requests received on a given day
exceeds the ability of the Secretary to process those requests
in an expedited manner, the Secretary may decline to provide
expedited services, and the additional fee for the expedited
service shall be refunded to the applicant.
(a-20) The Secretary of State shall issue a standard
Illinois Identification Card to a committed person upon
release on parole, mandatory supervised release, aftercare
release, final discharge, or pardon from the Department of
Corrections or Department of Juvenile Justice, if the released
person presents a certified copy of his or her birth
certificate, social security card, if the person has a social
security number, or other documents authorized by the
Secretary, and 2 documents proving his or her Illinois
residence address. Documents proving residence address may
include any official document of the Department of Corrections
or the Department of Juvenile Justice showing the released
person's address after release and a Secretary of State
prescribed certificate of residency form, which may be
executed by Department of Corrections or Department of
Juvenile Justice personnel.
(a-25) The Secretary of State shall issue a limited-term
Illinois Identification Card valid for 90 days to a committed
person upon release on parole, mandatory supervised release,
aftercare release, final discharge, or pardon from the
Department of Corrections or Department of Juvenile Justice,
if the released person is unable to present a certified copy of
his or her birth certificate and social security card, if the
person has a social security number, or other documents
authorized by the Secretary, but does present a Secretary of
State prescribed verification form completed by the Department
of Corrections or Department of Juvenile Justice, verifying
the released person's date of birth and social security
number, if the person has a social security number, and 2
documents proving his or her Illinois residence address. The
verification form must have been completed no more than 30
days prior to the date of application for the Illinois
Identification Card. Documents proving residence address shall
include any official document of the Department of Corrections
or the Department of Juvenile Justice showing the person's
address after release and a Secretary of State prescribed
certificate of residency, which may be executed by Department
of Corrections or Department of Juvenile Justice personnel.
Prior to the expiration of the 90-day period of the
limited-term Illinois Identification Card, if the released
person submits to the Secretary of State a certified copy of
his or her birth certificate and his or her social security
card, if the person has a social security number, or other
documents authorized by the Secretary, a standard Illinois
Identification Card shall be issued. A limited-term Illinois
Identification Card may not be renewed.
(a-30) The Secretary of State shall issue a standard
Illinois Identification Card to a person upon conditional
release or absolute discharge from the custody of the
Department of Human Services, if the person presents a
certified copy of his or her birth certificate, social
security card, if the person has a social security number, or
other documents authorized by the Secretary, and a document
proving his or her Illinois residence address. The Secretary
of State shall issue a standard Illinois Identification Card
to a person prior to his or her conditional release or absolute
discharge if personnel from the Department of Human Services
bring the person to a Secretary of State location with the
required documents. Documents proving residence address may
include any official document of the Department of Human
Services showing the person's address after release and a
Secretary of State prescribed verification form, which may be
executed by personnel of the Department of Human Services.
(a-35) The Secretary of State shall issue a limited-term
Illinois Identification Card valid for 90 days to a person
upon conditional release or absolute discharge from the
custody of the Department of Human Services, if the person is
unable to present a certified copy of his or her birth
certificate and social security card, if the person has a
social security number, or other documents authorized by the
Secretary, but does present a Secretary of State prescribed
verification form completed by the Department of Human
Services, verifying the person's date of birth and social
security number, if the person has a social security number,
and a document proving his or her Illinois residence address.
The verification form must have been completed no more than 30
days prior to the date of application for the Illinois
Identification Card. The Secretary of State shall issue a
limited-term Illinois Identification Card to a person no
sooner than 14 days prior to his or her conditional release or
absolute discharge if personnel from the Department of Human
Services bring the person to a Secretary of State location
with the required documents. Documents proving residence
address shall include any official document of the Department
of Human Services showing the person's address after release
and a Secretary of State prescribed verification form, which
may be executed by personnel of the Department of Human
Services.
(b) The Secretary of State shall issue a special Illinois
Identification Card, which shall be known as an Illinois
Person with a Disability Identification Card, to any natural
person who is a resident of the State of Illinois, who is a
person with a disability as defined in Section 4A of this Act,
who applies for such card, or renewal thereof. No Illinois
Person with a Disability Identification Card shall be issued
to any person who holds a valid foreign state identification
card, license, or permit unless the person first surrenders to
the Secretary of State the valid foreign state identification
card, license, or permit. The Secretary of State shall charge
no fee to issue such card. The card shall be prepared and
supplied by the Secretary of State, and shall include a
photograph and signature or mark of the applicant, a
designation indicating that the card is an Illinois Person
with a Disability Identification Card, and shall include a
comprehensible designation of the type and classification of
the applicant's disability as set out in Section 4A of this
Act. However, the Secretary of State may provide by rule for
the issuance of Illinois Person with a Disability
Identification Cards without photographs if the applicant has
a bona fide religious objection to being photographed or to
the display of his or her photograph. If the applicant so
requests, the card shall include a description of the
applicant's disability and any information about the
applicant's disability or medical history which the Secretary
determines would be helpful to the applicant in securing
emergency medical care. If a mark is used in lieu of a
signature, such mark shall be affixed to the card in the
presence of two witnesses who attest to the authenticity of
the mark. The Illinois Person with a Disability Identification
Card may be used for identification purposes in any lawful
situation by the person to whom it was issued.
The Illinois Person with a Disability Identification Card
may be used as adequate documentation of disability in lieu of
a physician's determination of disability, a determination of
disability from a physician assistant, a determination of
disability from an advanced practice registered nurse, or any
other documentation of disability whenever any State law
requires that a person with a disability provide such
documentation of disability, however an Illinois Person with a
Disability Identification Card shall not qualify the
cardholder to participate in any program or to receive any
benefit which is not available to all persons with like
disabilities. Notwithstanding any other provisions of law, an
Illinois Person with a Disability Identification Card, or
evidence that the Secretary of State has issued an Illinois
Person with a Disability Identification Card, shall not be
used by any person other than the person named on such card to
prove that the person named on such card is a person with a
disability or for any other purpose unless the card is used for
the benefit of the person named on such card, and the person
named on such card consents to such use at the time the card is
so used.
An optometrist's determination of a visual disability
under Section 4A of this Act is acceptable as documentation
for the purpose of issuing an Illinois Person with a
Disability Identification Card.
When medical information is contained on an Illinois
Person with a Disability Identification Card, the Office of
the Secretary of State shall not be liable for any actions
taken based upon that medical information.
(c) The Secretary of State shall provide that each
original or renewal Illinois Identification Card or Illinois
Person with a Disability Identification Card issued to a
person under the age of 21 shall be of a distinct nature from
those Illinois Identification Cards or Illinois Person with a
Disability Identification Cards issued to individuals 21 years
of age or older. The color designated for Illinois
Identification Cards or Illinois Person with a Disability
Identification Cards for persons under the age of 21 shall be
at the discretion of the Secretary of State.
(c-1) Each original or renewal Illinois Identification
Card or Illinois Person with a Disability Identification Card
issued to a person under the age of 21 shall display the date
upon which the person becomes 18 years of age and the date upon
which the person becomes 21 years of age.
(c-3) The General Assembly recognizes the need to identify
military veterans living in this State for the purpose of
ensuring that they receive all of the services and benefits to
which they are legally entitled, including healthcare,
education assistance, and job placement. To assist the State
in identifying these veterans and delivering these vital
services and benefits, the Secretary of State is authorized to
issue Illinois Identification Cards and Illinois Person with a
Disability Identification Cards with the word "veteran"
appearing on the face of the cards. This authorization is
predicated on the unique status of veterans. The Secretary may
not issue any other identification card which identifies an
occupation, status, affiliation, hobby, or other unique
characteristics of the identification card holder which is
unrelated to the purpose of the identification card.
(c-5) Beginning on or before July 1, 2015, the Secretary
of State shall designate a space on each original or renewal
identification card where, at the request of the applicant,
the word "veteran" shall be placed. The veteran designation
shall be available to a person identified as a veteran under
subsection (b) of Section 5 of this Act who was discharged or
separated under honorable conditions.
(d) The Secretary of State may issue a Senior Citizen
discount card, to any natural person who is a resident of the
State of Illinois who is 60 years of age or older and who
applies for such a card or renewal thereof. The Secretary of
State shall charge no fee to issue such card. The card shall be
issued in every county and applications shall be made
available at, but not limited to, nutrition sites, senior
citizen centers and Area Agencies on Aging. The applicant,
upon receipt of such card and prior to its use for any purpose,
shall have affixed thereon in the space provided therefor his
signature or mark.
(e) The Secretary of State, in his or her discretion, may
designate on each Illinois Identification Card or Illinois
Person with a Disability Identification Card a space where the
card holder may place a sticker or decal, issued by the
Secretary of State, of uniform size as the Secretary may
specify, that shall indicate in appropriate language that the
card holder has renewed his or her Illinois Identification
Card or Illinois Person with a Disability Identification Card.
(Source: P.A. 102-299, eff. 8-6-21.)
(15 ILCS 335/4D)
Sec. 4D. Issuance of confidential identification cards.
(a) Requirements for use of confidential identification
cards. Confidential identification cards may be issued to
local, state, and federal government agencies for bona fide
law enforcement purposes. The identification cards may be
issued in fictitious names and addresses, and may be used only
in confidential, investigative, or undercover law enforcement
operations. Confidential identification cards may be issued as
REAL ID compliant or standard non-compliant identification
cards.
(b) Application procedures for confidential identification
cards:
(1) Applications by local, state, and federal
government agencies for confidential identification cards
must be made to the Secretary of State Police Department
on a form and in a manner prescribed by the Secretary of
State Police Department.
(2) The application form must include information, as
specific as possible without compromising investigations
or techniques, setting forth the need for the
identification cards and the uses to which the
identification cards will be limited.
(3) The application form must be signed and verified
by the local, state, or federal government agency head or
designee.
(4) Information maintained by the Secretary of State
Police Department for confidential identification cards
must show the fictitious names and addresses on all
records subject to public disclosure. All other
information concerning these confidential identification
cards are exempt from disclosure unless the disclosure is
ordered by a court of competent jurisdiction.
(c) Cancellation procedures for confidential
identification cards:
(1) The Secretary of State Police Department may
cancel or refuse to renew confidential identification
cards when they have reasonable cause to believe the cards
are being used for purposes other than those set forth in
the application form or authorized by this Section.
(2) A government agency must request cancellation of
confidential identification cards that are no longer
required for the purposes for which they were issued.
(3) Upon the request of the Secretary of State Police
Department, all cancelled confidential identification
cards must be promptly returned to the Secretary of State
Police Department by the government agency to which they
were issued.
(Source: P.A. 100-248, eff. 8-22-17.)
(15 ILCS 335/5) (from Ch. 124, par. 25)
Sec. 5. Applications.
(a) Any natural person who is a resident of the State of
Illinois may file an application for an identification card,
or for the renewal thereof, in a manner prescribed by the
Secretary. Each original application shall be completed by the
applicant in full and shall set forth the legal name,
residence address and zip code, social security number, if the
person has a social security number, birth date, sex and a
brief description of the applicant. The applicant shall be
photographed, unless the Secretary of State has provided by
rule for the issuance of identification cards without
photographs and the applicant is deemed eligible for an
identification card without a photograph under the terms and
conditions imposed by the Secretary of State, and he or she
shall also submit any other information as the Secretary may
deem necessary or such documentation as the Secretary may
require to determine the identity of the applicant. In
addition to the residence address, the Secretary may allow the
applicant to provide a mailing address. If the applicant is a
judicial officer as defined in Section 1-10 of the Judicial
Privacy Act or a peace officer, the applicant may elect to have
his or her office or work address in lieu of the applicant's
residence or mailing address. An applicant for an Illinois
Person with a Disability Identification Card must also submit
with each original or renewal application, on forms prescribed
by the Secretary, such documentation as the Secretary may
require, establishing that the applicant is a "person with a
disability" as defined in Section 4A of this Act, and setting
forth the applicant's type and class of disability as set
forth in Section 4A of this Act. For the purposes of this
subsection (a), "peace officer" means any person who by virtue
of his or her office or public employment is vested by law with
a duty to maintain public order or to make arrests for a
violation of any penal statute of this State, whether that
duty extends to all violations or is limited to specific
violations.
(a-5) Upon the first issuance of a request for proposals
for a digital driver's license and identification card
issuance and facial recognition system issued after January 1,
2020 (the effective date of Public Act 101-513), and upon
implementation of a new or revised system procured pursuant to
that request for proposals, the Secretary shall permit
applicants to choose between "male", "female", or "non-binary"
when designating the applicant's sex on the identification
card application form. The sex designated by the applicant
shall be displayed on the identification card issued to the
applicant.
(b) Beginning on or before July 1, 2015, for each original
or renewal identification card application under this Act, the
Secretary shall inquire as to whether the applicant is a
veteran for purposes of issuing an identification card with a
veteran designation under subsection (c-5) of Section 4 of
this Act. The acceptable forms of proof shall include, but are
not limited to, Department of Defense form DD-214, Department
of Defense form DD-256 for applicants who did not receive a
form DD-214 upon the completion of initial basic training,
Department of Defense form DD-2 (Retired), an identification
card issued under the federal Veterans Identification Card Act
of 2015, or a United States Department of Veterans Affairs
summary of benefits letter. If the document cannot be stamped,
the Illinois Department of Veterans' Affairs shall provide a
certificate to the veteran to provide to the Secretary of
State. The Illinois Department of Veterans' Affairs shall
advise the Secretary as to what other forms of proof of a
person's status as a veteran are acceptable.
For each applicant who is issued an identification card
with a veteran designation, the Secretary shall provide the
Department of Veterans' Affairs with the applicant's name,
address, date of birth, gender, and such other demographic
information as agreed to by the Secretary and the Department.
The Department may take steps necessary to confirm the
applicant is a veteran. If after due diligence, including
writing to the applicant at the address provided by the
Secretary, the Department is unable to verify the applicant's
veteran status, the Department shall inform the Secretary, who
shall notify the applicant that he or she must confirm status
as a veteran, or the identification card will be cancelled.
For purposes of this subsection (b):
"Armed forces" means any of the Armed Forces of the United
States, including a member of any reserve component or
National Guard unit.
"Veteran" means a person who has served in the armed
forces and was discharged or separated under honorable
conditions.
(c) All applicants for REAL ID compliant standard Illinois
Identification Cards and Illinois Person with a Disability
Identification Cards shall provide proof of lawful status in
the United States as defined in 6 CFR 37.3, as amended.
Applicants who are unable to provide the Secretary with proof
of lawful status are ineligible for REAL ID compliant
identification cards under this Act.
(d) The Secretary of State may accept, as proof of date of
birth and written signature for any applicant for a standard
identification card who does not have a social security number
or documentation issued by the United States Department of
Homeland Security authorizing the applicant's presence in this
country, any passport validly issued to the applicant from the
applicant's country of citizenship or a consular
identification document validly issued to the applicant by a
consulate of that country as defined in Section 5 of the
Consular Identification Document Act. Any such documents must
be either unexpired or presented by an applicant within 2
years of its expiration date.
(Source: P.A. 101-106, eff. 1-1-20; 101-287, eff. 8-9-19;
101-513, eff. 1-1-20; 102-558, eff. 8-20-21.)
(15 ILCS 335/11) (from Ch. 124, par. 31)
Sec. 11. Records.
(a) The Secretary may make a search of his records and
furnish information as to whether a person has a current
Standard Illinois Identification Card or an Illinois Person
with a Disability Identification Card then on file, upon
receipt of a written application therefor accompanied with the
prescribed fee. However, the Secretary may not disclose
medical information concerning an individual to any person,
public agency, private agency, corporation or governmental
body unless the individual has submitted a written request for
the information or unless the individual has given prior
written consent for the release of the information to a
specific person or entity. This exception shall not apply to:
(1) offices and employees of the Secretary who have a need to
know the medical information in performance of their official
duties, or (2) orders of a court of competent jurisdiction.
When medical information is disclosed by the Secretary in
accordance with the provisions of this Section, no liability
shall rest with the Office of the Secretary of State as the
information is released for informational purposes only.
(b) Except as otherwise provided in this Section, the
Secretary may release personally identifying information only
to:
(1) officers and employees of the Secretary who have a
need to know that information for issuance of driver's
licenses, permits, or identification cards and
investigation of fraud or misconduct;
(2) other governmental agencies for use in their
official governmental functions;
(3) law enforcement agencies for a criminal or civil
investigation, except as restricted by subsections (g) and
(h);
(3-5) the State Board of Elections as may be required
by an agreement the State Board of Elections has entered
into with a multi-state voter registration list
maintenance system; or
(4) any entity that the Secretary has authorized, by
rule.
(c) Except as otherwise provided in this Section, the
Secretary may release highly restricted personal information
only to:
(1) officers and employees of the Secretary who have a
need to access the information for the issuance of
driver's licenses, permits, or identification cards and
investigation of fraud or misconduct;
(2) law enforcement officials for a criminal or civil
law enforcement investigation, except as restricted by
subsections (g) and (h);
(3) the State Board of Elections for the purpose of
providing the signature for completion of voter
registration; or
(4) any other entity the Secretary has authorized by
rule.
(d) Documents required to be submitted with an application
for an identification card to prove the applicant's identity
(name and date of birth), social security number or lack of a
social security number, written signature, residency, and, as
applicable, citizenship and immigration proof of lawful status
and country of citizenship shall be confidential and shall not
be disclosed except to the following persons:
(1) the individual to whom the identification card was
issued, upon written request;
(2) officers and employees of the Secretary of State
who have a need to have access to the stored images for
purposes of issuing and controlling driver's licenses,
permits, or identification cards and investigation of
fraud or misconduct;
(3) law enforcement officials for a civil or criminal
law enforcement investigation, except as restricted by
subsections (g) and (h);
(4) other entities that the Secretary may authorize by
rule.
(e) The Secretary may not disclose an individual's social
security number or any associated information obtained from
the Social Security Administration without the written request
or consent of the individual except: (i) to officers and
employees of the Secretary who have a need to know the social
security number in the performance of their official duties;
(ii) except as restricted by subsections (g) and (h) to law
enforcement officials for a civil or criminal law enforcement
investigation if an officer of the law enforcement agency has
made a written request to the Secretary specifying the law
enforcement investigation for which the social security number
is being sought; (iii) under a lawful court order signed by a
judge; (iv) to the Illinois Department of Veterans' Affairs
for the purpose of confirming veteran status to agencies in
other states responsible for the issuance of state
identification cards for participation in State-to-State
verification service; or (v) the last 4 digits to the Illinois
State Board of Elections for purposes of voter registration
and as may be required pursuant to an agreement for a
multi-state voter registration list maintenance system. The
Secretary retains the right to require additional verification
regarding the validity of a request from law enforcement. If
social security information is disclosed by the Secretary in
accordance with this Section, no liability shall rest with the
Office of the Secretary of State or any of its officers or
employees, as the information is released for official
purposes only.
(f) The Secretary of State shall not provide facial
recognition search services or photographs obtained in the
process of issuing an identification card to any federal,
State, or local law enforcement agency or other governmental
entity for the purpose of enforcing federal immigration laws.
This subsection shall not apply to requests from federal,
State, or local law enforcement agencies or other governmental
entities for facial recognition search services or photographs
obtained in the process of issuing a driver's license or
permit when the purpose of the request relates to criminal
activity other than violations of immigration laws.
(g) Notwithstanding any other provision of law, the
Secretary may not release highly restricted personal
information or personally identifying information or disclose
documents described in subsection (d) to any immigration
agent, as defined in Section 10 of the Illinois TRUST Act,
unless necessary to comply with the following, to the extent
that production of such information or documents is
specifically required:
(1) a lawful court order;
(2) a judicial warrant signed by a judge appointed
pursuant to Article III of the Constitution of the United
States; or
(3) a subpoena for individual records issued by a
federal or State court.
When responding to such a court order, warrant, or
subpoena, the Secretary shall disclose only those documents or
information specifically requested. Within 3 business days of
receiving such a court order, warrant, or subpoena, the
Secretary shall send a notification to the individual about
whom such information was requested that a court order,
warrant, or subpoena was received and the identity of the
entity that presented the court order, warrant, or subpoena.
(h) The Secretary shall not enter into or maintain any
agreement regarding the sharing of any highly restricted
personal information or personally identifying information or
documents described in subsection (d) unless all other parties
to such agreement certify that the information obtained will
not be used for civil immigration purposes or knowingly
disseminated to any third party for any purpose related to
civil immigration enforcement.
(Source: P.A. 101-326, eff. 8-9-19; 102-354, eff. 8-13-21.)
Section 20. The Illinois Vehicle Code is amended by
changing Sections 6-100, 6-100.5, 6-105.1, 6-106, 6-110.1,
6-110.2, 6-121, and 6-122 and by adding Section 6-110.3 as
follows:
(625 ILCS 5/6-100) (from Ch. 95 1/2, par. 6-100)
Sec. 6-100. Definitions. For the purposes of this Chapter,
the following words shall have the meanings ascribed to them:
(a) Application Process. The process of obtaining a
driver's license, identification card, or permit. The process
begins when a person enters a Secretary of State Driver
Services facility and requests a driver's license,
identification card or permit.
(b) Conviction. A final adjudication of guilty by a court
of competent jurisdiction either after a bench trial, trial by
jury, plea of guilty, order of forfeiture, or default.
(c) Identification Card. A document made or issued by or
under the authority of the United States Government, the State
of Illinois or any other state or political subdivision
thereof, or any governmental or quasi-governmental
organization that, when completed with information concerning
the individual, is of a type intended or commonly accepted for
the purpose of identifying the individual.
(d) Standard Non-compliant driver's license. A driver's
license issued in a manner which is not compliant with the REAL
ID Act and implementing regulations. Standard Non-compliant
driver's licenses shall be marked "Federal Limits Apply" "Not
for Federal Identification" and shall have a color or design
different from the REAL ID compliant driver's license.
(e) REAL ID compliant driver's license. A driver's license
issued in compliance with the REAL ID Act and implementing
regulations. REAL ID compliant driver's licenses shall bear a
security marking approved by the United States Department of
Homeland Security.
(f) Limited Term REAL ID compliant driver's license. A
REAL ID compliant driver's license issued to a person who is
not a permanent resident or citizen of the United States, or an
individual who has an approved application for asylum in the
United States or has entered the United States in refugee
status, and marked "Limited Term" on the face of the license.
(Source: P.A. 100-248, eff. 8-22-17.)
(625 ILCS 5/6-100.5)
Sec. 6-100.5. Issuance of REAL ID compliant and standard
non-compliant driver's licenses. The Secretary of State may
issue both REAL ID compliant driver's licenses and standard
non-compliant driver's licenses, and may permit applicants to
designate which type of driver's license they wish to receive.
All provisions of this Code applicable to standard
non-compliant driver's licenses shall also apply to REAL ID
compliant driver's licenses, except where the provisions are
inconsistent with the REAL ID Act and implementing
regulations. The Secretary shall establish by rule the date on
which issuance of REAL ID compliant driver's licenses will
begin.
(Source: P.A. 100-248, eff. 8-22-17.)
(625 ILCS 5/6-105.1)
Sec. 6-105.1. Temporary visitor's driver's license.
(a) The Secretary of State may issue a temporary visitor's
driver's license to a foreign national who (i) resides in this
State, (ii) is ineligible to obtain a social security number,
and (iii) presents to the Secretary documentation, issued by
United States Citizenship and Immigration Services,
authorizing the person's presence in this country.
(a-5) The Secretary of State may issue a temporary
visitor's driver's license to an applicant who (i) has resided
in this State for a period in excess of one year, (ii) is
ineligible to obtain a social security number, and (iii) is
unable to present documentation issued by the United States
Citizenship and Immigration Services authorizing the person's
presence in this country. The applicant shall submit a valid
unexpired passport from the applicant's country of citizenship
or a valid unexpired consular identification document issued
by a consulate of that country as defined in Section 5 of the
Consular Identification Document Act (5 ILCS 230/5).
(a-10) Applicants for a temporary visitor's driver's
license who are under 18 years of age at the time of
application shall be subject to the provisions of Sections
6-107 and 6-108 of this Code.
(b) A temporary visitor's driver's license issued under
subsection (a) is valid for 3 years, or for the period of time
the individual is authorized to remain in this country,
whichever ends sooner. A temporary visitor's driver's license
issued under subsection (a-5) shall be valid for a period of 3
years.
(b-5) A temporary visitor's driver's license issued under
this Section may not be accepted for proof of the holder's
identity. A temporary visitor's driver's license issued under
this Section shall contain a notice on its face, in
capitalized letters, stating that the temporary visitor's
driver's license may not be accepted for proof of identity.
(c) The Secretary shall adopt rules for implementing this
Section, including rules:
(1) regarding the design and content of the temporary
visitor's driver's license;
(2) establishing criteria for proof of identification
and residency of an individual applying under subsection
(a-5);
(3) designating acceptable evidence that an applicant
is not eligible for a social security number; and
(4) regarding the issuance of temporary visitor's
instruction permits.
(d) Any person to whom the Secretary of State may issue a
temporary visitor's driver's license shall be subject to any
and all provisions of this Code and any and all implementing
regulations issued by the Secretary of State to the same
extent as any person issued a driver's license, unless
otherwise provided in this Code or by administrative rule,
including but not limited to the examination requirements in
Section 6-109 as well as the mandatory insurance requirements
and penalties set forth in Article VI of Chapter 7 of this
Code.
(d-5) A temporary visitor's driver's license is invalid if
the holder is unable to provide proof of liability insurance
as required by Section 7-601 of this Code upon the request of a
law enforcement officer, in which case the holder commits a
violation of Section 6-101 of this Code.
(e) Temporary visitor's driver's licenses shall be issued
from a central location after the Secretary of State has
verified the information provided by the applicant.
(f) There is created in the State treasury a special fund
to be known as the Driver Services Administration Fund. All
fees collected for the issuance of temporary visitor's
driver's licenses shall be deposited into the Fund. These
funds shall, subject to appropriation, be used by the Office
of the Secretary of State for costs related to the issuance of
temporary visitor's driver's licenses, and other operational
costs, including personnel, facilities, computer programming,
and data transmission.
(g) No temporary visitor's driver's licenses shall be
issued after the effective date of this amendatory Act of the
103rd General Assembly.
(Source: P.A. 97-1157, eff. 11-28-13.)
(625 ILCS 5/6-106) (from Ch. 95 1/2, par. 6-106)
Sec. 6-106. Application for license or instruction permit.
(a) Every application for any permit or license authorized
to be issued under this Code shall be made upon a form
furnished by the Secretary of State. Every application shall
be accompanied by the proper fee and payment of such fee shall
entitle the applicant to not more than 3 attempts to pass the
examination within a period of one year after the date of
application.
(b) Every application shall state the legal name, social
security number, zip code, date of birth, sex, and residence
address of the applicant; briefly describe the applicant;
state whether the applicant has theretofore been licensed as a
driver, and, if so, when and by what state or country, and
whether any such license has ever been cancelled, suspended,
revoked or refused, and, if so, the date and reason for such
cancellation, suspension, revocation or refusal; shall include
an affirmation by the applicant that all information set forth
is true and correct; and shall bear the applicant's signature.
In addition to the residence address, the Secretary may allow
the applicant to provide a mailing address. In the case of an
applicant who is a judicial officer or peace officer, the
Secretary may allow the applicant to provide an office or work
address in lieu of a residence or mailing address. The
application form may also require the statement of such
additional relevant information as the Secretary of State
shall deem necessary to determine the applicant's competency
and eligibility. The Secretary of State may, in his
discretion, by rule or regulation, provide that an application
for a drivers license or permit may include a suitable
photograph of the applicant in the form prescribed by the
Secretary, and he may further provide that each drivers
license shall include a photograph of the driver. The
Secretary of State may utilize a photograph process or system
most suitable to deter alteration or improper reproduction of
a drivers license and to prevent substitution of another photo
thereon. For the purposes of this subsection (b), "peace
officer" means any person who by virtue of his or her office or
public employment is vested by law with a duty to maintain
public order or to make arrests for a violation of any penal
statute of this State, whether that duty extends to all
violations or is limited to specific violations.
(b-1) Every application shall state the social security
number of the applicant; except if the applicant is applying
for a standard driver's license and, on the date of
application, is ineligible for a social security number, then:
(1) if the applicant has documentation, issued by the
United States Department of Homeland Security, authorizing
the applicant's presence in this country, the applicant
shall provide such documentation instead of a social
security number; and
(2) if the applicant does not have documentation
described in paragraph (1), the applicant shall provide,
instead of a social security number, the following:
(A) documentation establishing that the applicant
has resided in this State for a period in excess of one
year;
(B) a passport validly issued to the applicant
from the applicant's country of citizenship or a
consular identification document validly issued to the
applicant by a consulate of that country as defined in
Section 5 of the Consular Identification Document Act,
as long as such documents are either unexpired or
presented by an applicant within 2 years of its
expiration date; and
(C) a social security card, if the applicant has a
social security number.
(b-3) Upon the first issuance of a request for proposals
for a digital driver's license and identification card
issuance and facial recognition system issued after January 1,
2020 (the effective date of Public Act 101-513), and upon
implementation of a new or revised system procured pursuant to
that request for proposals, the Secretary shall permit
applicants to choose between "male", "female" or "non-binary"
when designating the applicant's sex on the driver's license
application form. The sex designated by the applicant shall be
displayed on the driver's license issued to the applicant.
(b-5) Every applicant for a REAL ID compliant driver's
license or permit shall provide proof of lawful status in the
United States as defined in 6 CFR 37.3, as amended. Applicants
who are unable to provide the Secretary with proof of lawful
status may apply for a driver's license or permit under
Section 6-105.1 of this Code.
(c) The application form shall include a notice to the
applicant of the registration obligations of sex offenders
under the Sex Offender Registration Act. The notice shall be
provided in a form and manner prescribed by the Secretary of
State. For purposes of this subsection (c), "sex offender" has
the meaning ascribed to it in Section 2 of the Sex Offender
Registration Act.
(d) Any male United States citizen or immigrant who
applies for any permit or license authorized to be issued
under this Code or for a renewal of any permit or license, and
who is at least 18 years of age but less than 26 years of age,
must be registered in compliance with the requirements of the
federal Military Selective Service Act. The Secretary of State
must forward in an electronic format the necessary personal
information regarding the applicants identified in this
subsection (d) to the Selective Service System. The
applicant's signature on the application serves as an
indication that the applicant either has already registered
with the Selective Service System or that he is authorizing
the Secretary to forward to the Selective Service System the
necessary information for registration. The Secretary must
notify the applicant at the time of application that his
signature constitutes consent to registration with the
Selective Service System, if he is not already registered.
(e) Beginning on or before July 1, 2015, for each original
or renewal driver's license application under this Code, the
Secretary shall inquire as to whether the applicant is a
veteran for purposes of issuing a driver's license with a
veteran designation under subsection (e-5) of Section 6-110 of
this Code. The acceptable forms of proof shall include, but
are not limited to, Department of Defense form DD-214,
Department of Defense form DD-256 for applicants who did not
receive a form DD-214 upon the completion of initial basic
training, Department of Defense form DD-2 (Retired), an
identification card issued under the federal Veterans
Identification Card Act of 2015, or a United States Department
of Veterans Affairs summary of benefits letter. If the
document cannot be stamped, the Illinois Department of
Veterans' Affairs shall provide a certificate to the veteran
to provide to the Secretary of State. The Illinois Department
of Veterans' Affairs shall advise the Secretary as to what
other forms of proof of a person's status as a veteran are
acceptable.
For each applicant who is issued a driver's license with a
veteran designation, the Secretary shall provide the
Department of Veterans' Affairs with the applicant's name,
address, date of birth, gender and such other demographic
information as agreed to by the Secretary and the Department.
The Department may take steps necessary to confirm the
applicant is a veteran. If after due diligence, including
writing to the applicant at the address provided by the
Secretary, the Department is unable to verify the applicant's
veteran status, the Department shall inform the Secretary, who
shall notify the applicant that he or she must confirm status
as a veteran, or the driver's license will be cancelled.
For purposes of this subsection (e):
"Armed forces" means any of the Armed Forces of the United
States, including a member of any reserve component or
National Guard unit.
"Veteran" means a person who has served in the armed
forces and was discharged or separated under honorable
conditions.
(Source: P.A. 101-106, eff. 1-1-20; 101-287, eff. 8-9-19;
101-513, eff. 1-1-20; 102-558, eff. 8-20-21.)
(625 ILCS 5/6-110.1)
Sec. 6-110.1. Confidentiality of captured photographs or
images.
(a) The Secretary of State shall maintain a file on or
contract to file all photographs and signatures obtained in
the process of issuing a driver's license, permit, or
identification card. Except as otherwise provided in this
Section, the photographs and signatures shall be confidential
and shall not be disclosed except to the following persons:
(1) the individual to whom the driver's license or
permit was issued, upon written request;
(2) officers and employees of the Secretary of State
who have a need to have access to the stored images for
purposes of issuing and controlling driver's licenses,
permits, or identification cards and investigation of
fraud or misconduct;
(3) law enforcement officials for a civil or criminal
law enforcement investigation, except as restricted by
section 6-110.3;
(3-5) the State Board of Elections for the sole
purpose of providing the signatures required by a local
election authority to register a voter through an online
voter registration system;
(3-10) officers and employees of the Secretary of
State who have a need to have access to the stored images
for purposes of issuing and controlling notary public
commissions and for the purpose of providing the
signatures required to process online applications for
appointment and commission as notaries public; or
(4) other entities that the Secretary may authorize by
rule.
(b) The Secretary of State shall not provide facial
recognition search services or photographs obtained in the
process of issuing a driver's license or permit to any
federal, State, or local law enforcement agency or other
governmental entity for the purpose of enforcing federal
immigration laws. This subsection shall not apply to requests
from federal, State, or local law enforcement agencies or
other governmental entities for facial recognition search
services or photographs obtained in the process of issuing a
driver's license or permit when the purpose of the request
relates to criminal activity other than violations of
immigration laws.
(Source: P.A. 101-326, eff. 8-9-19; 102-354, eff. 8-13-21.)
(625 ILCS 5/6-110.2)
Sec. 6-110.2. Confidentiality of documents submitted with
an application for a driver's license. Documents required to
be submitted with an application for a driver's license to
prove the applicant's identity (name and date of birth),
social security number or lack of a social security number,
written signature, residency, and, as applicable, citizenship
or immigration proof of lawful status and country of
citizenship shall be confidential and shall not be disclosed
except to the following persons:
(1) the individual to whom the driver's license or
permit was issued, upon written request;
(2) officers and employees of the Secretary of State
who have a need to have access to the stored images for
purposes of issuing and controlling driver's licenses,
permits, or identification cards and investigation of
fraud or misconduct;
(3) law enforcement officials for a civil or criminal
law enforcement investigation, except as restricted by
Section 6-110.3;
(4) other entities that the Secretary may authorize by
rule.
(Source: P.A. 101-326, eff. 8-9-19.)
(625 ILCS 5/6-110.3 new)
Sec. 6-110.3. Restrictions on use of information for
certain purposes.
(a) Notwithstanding any other provision of law, the
Secretary may not release or make accessible in any manner any
highly restricted personal information as defined in Section
1-125.9 or personally identifying information as defined in
Section 1-159.2, provide images, photos, or facial recognition
services as described in Section 6-110.1, or disclose
documents as described in Section 6-110.2 to any immigration
agent as defined in Section 10 of the Illinois TRUST Act,
unless necessary to comply with the following, to the extent
that production of such information or documents is
specifically required:
(1) a lawful court order;
(2) a judicial warrant signed by a judge appointed
pursuant to Article III of the Constitution of the United
States; or
(3) a subpoena for individual records issued by a
federal or State court.
When responding to such a court order, warrant, or
subpoena, the Secretary shall disclose only those documents or
information specifically requested. Within 3 business days of
receiving such a court order, warrant, or subpoena, the
Secretary shall send a notification to the individual about
whom such information was requested that a court order,
warrant, or subpoena was received and the identity of the
entity that presented the court order, warrant, or subpoena.
(b) The Secretary shall not enter into or maintain any
agreement regarding the sharing of any highly restricted
personal information as defined in Section 1-125.9, personally
identifying information as defined in Section 1-159.2, images
or photos described in Section 6-110.1, or documents described
in Section 6-110.2 unless all other parties to such agreement
certify that the information obtained will not be used for
civil immigration purposes or knowingly disseminated to any
third party for any purpose related to civil immigration
enforcement.
(625 ILCS 5/6-121)
Sec. 6-121. Issuance of confidential drivers' licenses.
(a) Requirements for use of confidential drivers'
licenses. Confidential drivers' licenses may be issued to
local, state, and federal government agencies for bona fide
law enforcement purposes. The drivers' licenses may be issued
with fictitious names and addresses, and may be used only for
confidential, investigative, or undercover law enforcement
operations. Confidential drivers' licenses may be issued as
REAL ID compliant or standard non-compliant driver's licenses.
(b) Application procedures for confidential drivers'
licenses:
(1) Applications by local, state, and federal
government agencies for confidential drivers' licenses
must be made to the Secretary of State Police Department
on a form and in a manner prescribed by the Secretary of
State Police Department.
(2) The application form must include information, as
specific as possible without compromising investigations
or techniques, setting forth the need for the drivers'
licenses and the uses to which the licenses will be
limited.
(3) The application form must be signed and verified
by the local, state, or federal government agency head or
designee.
(4) Registration information maintained by the
Secretary of State Police Department for confidential
drivers' licenses must show the fictitious names and
addresses on all records subject to public disclosure. All
other information concerning these confidential drivers'
licenses are exempt from disclosure unless the disclosure
is ordered by a court of competent jurisdiction.
(c) Revocation and cancellation procedures for
confidential drivers' licenses:
(1) The Secretary of State Police Department may
revoke or refuse to renew confidential drivers' licenses
when they have reasonable cause to believe the licenses
are being used for purposes other than those set forth in
the application form or authorized by this Section.
Confidential drivers' licenses may also be revoked where
traffic violation citations have been issued to the driver
and subsequent investigation reveals that the issuance of
the citations was unrelated to the purposes for which the
confidential driver's license was issued. In such cases,
the citations and any resulting court orders, convictions,
supervisions or other sanctions must be treated by the
Secretary of State as though they were issued in relation
to the true driver's license of the individual to whom the
confidential driver's license was issued.
(2) A government agency must request cancellation of
confidential drivers' licenses that are no longer required
for the purposes for which they were issued.
(3) All revoked confidential drivers' licenses must be
promptly returned to the Secretary of State Police
Department by the government agency to which they were
issued.
(Source: P.A. 100-248, eff. 8-22-17.)
(625 ILCS 5/6-122)
Sec. 6-122. Expedited driver's license. The Secretary of
State may provide for an expedited process for the issuance of
a driver's license, excluding temporary visitor's driver's
licenses. The Secretary shall charge an additional fee for the
issuance of an expedited driver's license, to be set by rule,
not to exceed $75. All fees collected by the Secretary for
expedited driver's license service shall be deposited into the
Secretary of State Special Services Fund. The Secretary may
adopt rules regarding the eligibility, process, and fee for an
expedited driver's license.
(Source: P.A. 99-305, eff. 1-1-16.)
Section 99. Effective date. This Act takes effect July 1,
2024.
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