Illinois 2023-2024 Regular Session

Illinois House Bill HB3968 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3968 Introduced , by Rep. Maurice A. West, II SYNOPSIS AS INTRODUCED: New Act5 ILCS 140/7.5 10 ILCS 5/10-10.3 new 15 ILCS 335/4 from Ch. 124, par. 24 15 ILCS 335/5 from Ch. 124, par. 25 625 ILCS 5/3-405 from Ch. 95 1/2, par. 3-405 625 ILCS 5/6-106 from Ch. 95 1/2, par. 6-106 625 ILCS 5/6-110 from Ch. 95 1/2, par. 6-110 Creates the Public Official Privacy Act. Provides that government agencies, persons, businesses, and associations shall not publicly post or display publicly available content that includes an official's personal information, provided that the government agency, person, business, or association has received a written request from the person that it refrain from disclosing the person's personal information. Provides injunctive or declaratory relief if the Act is violated. Includes procedures for a written request. Provides that it is a Class 3 felony for any person to knowingly and publicly post on the Internet the personal information of an official or an official's immediate family in a manner posing an imminent and serious threat to the official or the official's immediate family. Excludes criminal penalties for employees of government agencies who publish information in good faith during the ordinary course of carrying out public functions. Provides that the Act and any rules adopted to implement the Act shall be construed broadly to favor the protection of the personal information of officials. Amends various Acts and Codes allowing an official to list a business address rather than a home address and makes conforming changes. Effective immediately. LRB103 30438 AWJ 56869 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3968 Introduced , by Rep. Maurice A. West, II SYNOPSIS AS INTRODUCED: New Act5 ILCS 140/7.5 10 ILCS 5/10-10.3 new 15 ILCS 335/4 from Ch. 124, par. 24 15 ILCS 335/5 from Ch. 124, par. 25 625 ILCS 5/3-405 from Ch. 95 1/2, par. 3-405 625 ILCS 5/6-106 from Ch. 95 1/2, par. 6-106 625 ILCS 5/6-110 from Ch. 95 1/2, par. 6-110 New Act 5 ILCS 140/7.5 10 ILCS 5/10-10.3 new 15 ILCS 335/4 from Ch. 124, par. 24 15 ILCS 335/5 from Ch. 124, par. 25 625 ILCS 5/3-405 from Ch. 95 1/2, par. 3-405 625 ILCS 5/6-106 from Ch. 95 1/2, par. 6-106 625 ILCS 5/6-110 from Ch. 95 1/2, par. 6-110 Creates the Public Official Privacy Act. Provides that government agencies, persons, businesses, and associations shall not publicly post or display publicly available content that includes an official's personal information, provided that the government agency, person, business, or association has received a written request from the person that it refrain from disclosing the person's personal information. Provides injunctive or declaratory relief if the Act is violated. Includes procedures for a written request. Provides that it is a Class 3 felony for any person to knowingly and publicly post on the Internet the personal information of an official or an official's immediate family in a manner posing an imminent and serious threat to the official or the official's immediate family. Excludes criminal penalties for employees of government agencies who publish information in good faith during the ordinary course of carrying out public functions. Provides that the Act and any rules adopted to implement the Act shall be construed broadly to favor the protection of the personal information of officials. Amends various Acts and Codes allowing an official to list a business address rather than a home address and makes conforming changes. Effective immediately. LRB103 30438 AWJ 56869 b LRB103 30438 AWJ 56869 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3968 Introduced , by Rep. Maurice A. West, II SYNOPSIS AS INTRODUCED:
3	3	New Act5 ILCS 140/7.5 10 ILCS 5/10-10.3 new 15 ILCS 335/4 from Ch. 124, par. 24 15 ILCS 335/5 from Ch. 124, par. 25 625 ILCS 5/3-405 from Ch. 95 1/2, par. 3-405 625 ILCS 5/6-106 from Ch. 95 1/2, par. 6-106 625 ILCS 5/6-110 from Ch. 95 1/2, par. 6-110 New Act 5 ILCS 140/7.5 10 ILCS 5/10-10.3 new 15 ILCS 335/4 from Ch. 124, par. 24 15 ILCS 335/5 from Ch. 124, par. 25 625 ILCS 5/3-405 from Ch. 95 1/2, par. 3-405 625 ILCS 5/6-106 from Ch. 95 1/2, par. 6-106 625 ILCS 5/6-110 from Ch. 95 1/2, par. 6-110
4	4	New Act
5	5	5 ILCS 140/7.5
6	6	10 ILCS 5/10-10.3 new
7	7	15 ILCS 335/4 from Ch. 124, par. 24
8	8	15 ILCS 335/5 from Ch. 124, par. 25
9	9	625 ILCS 5/3-405 from Ch. 95 1/2, par. 3-405
10	10	625 ILCS 5/6-106 from Ch. 95 1/2, par. 6-106
11	11	625 ILCS 5/6-110 from Ch. 95 1/2, par. 6-110
12	12	Creates the Public Official Privacy Act. Provides that government agencies, persons, businesses, and associations shall not publicly post or display publicly available content that includes an official's personal information, provided that the government agency, person, business, or association has received a written request from the person that it refrain from disclosing the person's personal information. Provides injunctive or declaratory relief if the Act is violated. Includes procedures for a written request. Provides that it is a Class 3 felony for any person to knowingly and publicly post on the Internet the personal information of an official or an official's immediate family in a manner posing an imminent and serious threat to the official or the official's immediate family. Excludes criminal penalties for employees of government agencies who publish information in good faith during the ordinary course of carrying out public functions. Provides that the Act and any rules adopted to implement the Act shall be construed broadly to favor the protection of the personal information of officials. Amends various Acts and Codes allowing an official to list a business address rather than a home address and makes conforming changes. Effective immediately.
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15	15	A BILL FOR
16	16	HB3968LRB103 30438 AWJ 56869 b HB3968 LRB103 30438 AWJ 56869 b
17	17	HB3968 LRB103 30438 AWJ 56869 b
18	18	1 AN ACT concerning privacy.
19	19	2 Be it enacted by the People of the State of Illinois,
20	20	3 represented in the General Assembly:
21	21	4 Section 1. Short title. This Act may be cited as the Public
22	22	5 Official Privacy Act.
23	23	6 Section 3. Purpose. The purpose of this Act is to improve
24	24	7 the safety and security of officials and their families in
25	25	8 order to ensure that those officials are able to fulfill their
26	26	9 duties efficiently and effectively without fear of general
27	27	10 reprisal.
28	28	11 This Act is not intended to restrain an official from
29	29	12 independently choosing to make publicly available the
30	30	13 official's personal information. Additionally, no government
31	31	14 agency, person, business, or association has any obligation
32	32	15 under this Act to protect the privacy of an official's
33	33	16 personal information until the official makes a written
34	34	17 request that the official's personal information not be
35	35	18 publicly posted.
36	36	19 Nothing in this Act shall be construed to impair free
37	37	20 access to decisions and opinions expressed by officials in the
38	38	21 course of carrying out their public functions.
39	39	22 Section 5. Definitions. As used in this Act:
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43	43	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3968 Introduced , by Rep. Maurice A. West, II SYNOPSIS AS INTRODUCED:
44	44	New Act5 ILCS 140/7.5 10 ILCS 5/10-10.3 new 15 ILCS 335/4 from Ch. 124, par. 24 15 ILCS 335/5 from Ch. 124, par. 25 625 ILCS 5/3-405 from Ch. 95 1/2, par. 3-405 625 ILCS 5/6-106 from Ch. 95 1/2, par. 6-106 625 ILCS 5/6-110 from Ch. 95 1/2, par. 6-110 New Act 5 ILCS 140/7.5 10 ILCS 5/10-10.3 new 15 ILCS 335/4 from Ch. 124, par. 24 15 ILCS 335/5 from Ch. 124, par. 25 625 ILCS 5/3-405 from Ch. 95 1/2, par. 3-405 625 ILCS 5/6-106 from Ch. 95 1/2, par. 6-106 625 ILCS 5/6-110 from Ch. 95 1/2, par. 6-110
45	45	New Act
46	46	5 ILCS 140/7.5
47	47	10 ILCS 5/10-10.3 new
48	48	15 ILCS 335/4 from Ch. 124, par. 24
49	49	15 ILCS 335/5 from Ch. 124, par. 25
50	50	625 ILCS 5/3-405 from Ch. 95 1/2, par. 3-405
51	51	625 ILCS 5/6-106 from Ch. 95 1/2, par. 6-106
52	52	625 ILCS 5/6-110 from Ch. 95 1/2, par. 6-110
53	53	Creates the Public Official Privacy Act. Provides that government agencies, persons, businesses, and associations shall not publicly post or display publicly available content that includes an official's personal information, provided that the government agency, person, business, or association has received a written request from the person that it refrain from disclosing the person's personal information. Provides injunctive or declaratory relief if the Act is violated. Includes procedures for a written request. Provides that it is a Class 3 felony for any person to knowingly and publicly post on the Internet the personal information of an official or an official's immediate family in a manner posing an imminent and serious threat to the official or the official's immediate family. Excludes criminal penalties for employees of government agencies who publish information in good faith during the ordinary course of carrying out public functions. Provides that the Act and any rules adopted to implement the Act shall be construed broadly to favor the protection of the personal information of officials. Amends various Acts and Codes allowing an official to list a business address rather than a home address and makes conforming changes. Effective immediately.
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55	55	LRB103 30438 AWJ 56869 b
56	56	A BILL FOR
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62	62	New Act
63	63	5 ILCS 140/7.5
64	64	10 ILCS 5/10-10.3 new
65	65	15 ILCS 335/4 from Ch. 124, par. 24
66	66	15 ILCS 335/5 from Ch. 124, par. 25
67	67	625 ILCS 5/3-405 from Ch. 95 1/2, par. 3-405
68	68	625 ILCS 5/6-106 from Ch. 95 1/2, par. 6-106
69	69	625 ILCS 5/6-110 from Ch. 95 1/2, par. 6-110
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88	88	1 "Government agency", "personal information", "publicly
89	89	2 available content", and "publicly post" or "publicly display"
90	90	3 have the meanings given to those terms in 1-10 of Judicial
91	91	4 Privacy Act.
92	92	5 "Home address" includes an official's permanent residence
93	93	6 and any secondary residences affirmatively identified by the
94	94	7 official. "Home address" does not include an official's work
95	95	8 address.
96	96	9 "Immediate family" includes an official's spouse, child,
97	97	10 parent, or any blood relative of the official or the
98	98	11 official's spouse who lives in the same residence.
99	99	12 "Official" includes:
100	100	13 (1) any current or former United States Senator or any
101	101	14 current or former United States Representative;
102	102	15 (2) any current or former member of the Illinois
103	103	16 General Assembly;
104	104	17 (3) any current or former holder of an elected office
105	105	18 or elected position in the government of the State of
106	106	19 Illinois;
107	107	20 (4) any current or former holder of an elected office
108	108	21 or elected position in the government of a county of the
109	109	22 State of Illinois; and
110	110	23 (5) any current or former holder of an elected office
111	111	24 or elected position in the government of a municipality of
112	112	25 the State of Illinois.
113	113	26 "Written request" means written notice signed by an
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124	124	1 official or a representative of the official's employer
125	125	2 requesting a government agency, person, business, or
126	126	3 association to refrain from posting or displaying publicly
127	127	4 available content that includes the official's personal
128	128	5 information.
129	129	6 Section 10. Publicly posting or displaying an official's
130	130	7 personal information by government agencies.
131	131	8 (a) Government agencies shall not publicly post or display
132	132	9 publicly available content that includes an official's
133	133	10 personal information, provided that the government agency has
134	134	11 received a written request in accordance with Section 20 that
135	135	12 it refrain from disclosing the official's personal
136	136	13 information. After a government agency has received a written
137	137	14 request, that agency shall remove the official's personal
138	138	15 information from publicly available content within 5 business
139	139	16 days. After the government agency has removed the official's
140	140	17 personal information from publicly available content, the
141	141	18 agency shall not publicly post or display the information, and
142	142	19 the official's personal information shall be exempt from the
143	143	20 Freedom of Information Act unless the government agency has
144	144	21 received consent from the official to make the personal
145	145	22 information available to the public.
146	146	23 (b) If a government agency fails to comply with a written
147	147	24 request to refrain from disclosing personal information, the
148	148	25 official may bring an action in the circuit court seeking
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159	159	1 injunctive or declaratory relief.
160	160	2 Section 15. Publicly posting an official's personal
161	161	3 information on the Internet by persons, businesses, and
162	162	4 associations.
163	163	5 (a) A person, business, and association may not publicly
164	164	6 post or display on the Internet content that includes an
165	165	7 official's personal information if the official has made a
166	166	8 written request to the person, business, or association to
167	167	9 refrain from posting and disclosing the personal information.
168	168	10 As used in this subsection, "publicly post or display"
169	169	11 includes, but is not limited to, posting or disclosing on
170	170	12 Internet phone directories, Internet search engines, Internet
171	171	13 data aggregators, and websites.
172	172	14 (b) A person, business, or association that has received a
173	173	15 written request from an official to protect the privacy of the
174	174	16 officer's personal information:
175	175	17 (1) must remove the personal information from any
176	176	18 website or subsidiary website controlled by that person,
177	177	19 business, or association within 72 hours of receiving the
178	178	20 request;
179	179	21 (2) must ensure that the official's personal
180	180	22 information is not made available on any website or
181	181	23 subsidiary website controlled by that person, business, or
182	182	24 association; and
183	183	25 (3) may not transfer the official's personal
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194	194	1 information to any other person, business, or association
195	195	2 through any medium.
196	196	3 (c) An official whose personal information is made public
197	197	4 as a result of a violation of this Section may bring an action
198	198	5 in the circuit court seeking injunctive or declaratory relief.
199	199	6 If the court grants injunctive or declaratory relief, the
200	200	7 person, business, or association responsible for the violation
201	201	8 shall be required to pay the official's costs and reasonable
202	202	9 attorney's fees.
203	203	10 Section 20. Procedure for completing a written request.
204	204	11 (a) No government agency, person, business, or association
205	205	12 shall be found to have violated any provision of this Act if
206	206	13 the official fails to submit a written request calling for the
207	207	14 protection of the official's personal information.
208	208	15 (b) A written request is valid under the following
209	209	16 circumstances:
210	210	17 (1) The official sends a written request directly to a
211	211	18 government agency, person, business, or association.
212	212	19 (2) If the Secretary of State creates a policy and
213	213	20 procedure for an official to file the written request with
214	214	21 the Secretary of State to notify government agencies, the
215	215	22 official may send the written request to the Secretary of
216	216	23 State as provided in the policy and procedure. In each
217	217	24 quarter of a calendar year, the Secretary of State shall
218	218	25 provide a list of all officials who have submitted a
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229	229	1 written request to it to the appropriate officer with
230	230	2 ultimate supervisory authority for a government agency.
231	231	3 The officer shall promptly provide a copy of the list to
232	232	4 any and all government agencies under his or her
233	233	5 supervision. Receipt of the written request list compiled
234	234	6 by the Secretary of State by a government agency shall
235	235	7 constitute a written request to that agency for the
236	236	8 purposes of this Act.
237	237	9 (c) A representative from the official's employer may
238	238	10 submit a written request on the official's behalf, provided
239	239	11 that the official gives written consent to the representative
240	240	12 and provided that the representative agrees to furnish a copy
241	241	13 of that consent when a written request is made. The
242	242	14 representative shall submit the written request as provided in
243	243	15 subsection (b).
244	244	16 (d) An official's written request shall specify what
245	245	17 personal information shall be maintained private.
246	246	18 If an official wishes to identify a secondary residence as
247	247	19 a home address, the designation shall be made in the written
248	248	20 request.
249	249	21 An official shall disclose the identity of the officer's
250	250	22 immediate family and indicate that the personal information of
251	251	23 these family members shall also be excluded to the extent that
252	252	24 it could reasonably be expected to reveal the personal
253	253	25 information of the official.
254	254	26 (e) An official's written request is valid until the
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265	265	1 official provides the government agency, person, business, or
266	266	2 association with written permission to release the private
267	267	3 information. An official's written request expires on death.
268	268	4 Section 25. Publication of personal information posing an
269	269	5 imminent and serious threat.
270	270	6 (a) It is unlawful for any person to knowingly and
271	271	7 publicly post on the Internet the personal information of an
272	272	8 official or of the official's immediate family if the person
273	273	9 knows or reasonably should know that publicly posting the
274	274	10 personal information poses an imminent and serious threat to
275	275	11 the health and safety of the official or the official's
276	276	12 immediate family and the violation is a proximate cause of
277	277	13 bodily injury or death of the official or a member of the
278	278	14 official's immediate family.
279	279	15 A person who violates this subsection is guilty of a Class
280	280	16 3 felony.
281	281	17 (b) If an employee of a government agency has complied
282	282	18 with the provisions of this Act, it is not a violation of
283	283	19 subsection (a) if the employee publishes personal information,
284	284	20 in good faith, on the website of the government agency in the
285	285	21 ordinary course of carrying out the employee's public
286	286	22 functions.
287	287	23 Section 30. Construction. This Act and any rules adopted
288	288	24 to implement this Act shall be construed broadly to favor the
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299	299	1 protection of the personal information of officials.
300	300	2 Section 100. The Freedom of Information Act is amended by
301	301	3 changing Section 7.5 as follows:
302	302	4 (5 ILCS 140/7.5)
303	303	5 Sec. 7.5. Statutory exemptions. To the extent provided for
304	304	6 by the statutes referenced below, the following shall be
305	305	7 exempt from inspection and copying:
306	306	8 (a) All information determined to be confidential
307	307	9 under Section 4002 of the Technology Advancement and
308	308	10 Development Act.
309	309	11 (b) Library circulation and order records identifying
310	310	12 library users with specific materials under the Library
311	311	13 Records Confidentiality Act.
312	312	14 (c) Applications, related documents, and medical
313	313	15 records received by the Experimental Organ Transplantation
314	314	16 Procedures Board and any and all documents or other
315	315	17 records prepared by the Experimental Organ Transplantation
316	316	18 Procedures Board or its staff relating to applications it
317	317	19 has received.
318	318	20 (d) Information and records held by the Department of
319	319	21 Public Health and its authorized representatives relating
320	320	22 to known or suspected cases of sexually transmissible
321	321	23 disease or any information the disclosure of which is
322	322	24 restricted under the Illinois Sexually Transmissible
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333	333	1 Disease Control Act.
334	334	2 (e) Information the disclosure of which is exempted
335	335	3 under Section 30 of the Radon Industry Licensing Act.
336	336	4 (f) Firm performance evaluations under Section 55 of
337	337	5 the Architectural, Engineering, and Land Surveying
338	338	6 Qualifications Based Selection Act.
339	339	7 (g) Information the disclosure of which is restricted
340	340	8 and exempted under Section 50 of the Illinois Prepaid
341	341	9 Tuition Act.
342	342	10 (h) Information the disclosure of which is exempted
343	343	11 under the State Officials and Employees Ethics Act, and
344	344	12 records of any lawfully created State or local inspector
345	345	13 general's office that would be exempt if created or
346	346	14 obtained by an Executive Inspector General's office under
347	347	15 that Act.
348	348	16 (i) Information contained in a local emergency energy
349	349	17 plan submitted to a municipality in accordance with a
350	350	18 local emergency energy plan ordinance that is adopted
351	351	19 under Section 11-21.5-5 of the Illinois Municipal Code.
352	352	20 (j) Information and data concerning the distribution
353	353	21 of surcharge moneys collected and remitted by carriers
354	354	22 under the Emergency Telephone System Act.
355	355	23 (k) Law enforcement officer identification information
356	356	24 or driver identification information compiled by a law
357	357	25 enforcement agency or the Department of Transportation
358	358	26 under Section 11-212 of the Illinois Vehicle Code.
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369	369	1 (l) Records and information provided to a residential
370	370	2 health care facility resident sexual assault and death
371	371	3 review team or the Executive Council under the Abuse
372	372	4 Prevention Review Team Act.
373	373	5 (m) Information provided to the predatory lending
374	374	6 database created pursuant to Article 3 of the Residential
375	375	7 Real Property Disclosure Act, except to the extent
376	376	8 authorized under that Article.
377	377	9 (n) Defense budgets and petitions for certification of
378	378	10 compensation and expenses for court appointed trial
379	379	11 counsel as provided under Sections 10 and 15 of the
380	380	12 Capital Crimes Litigation Act. This subsection (n) shall
381	381	13 apply until the conclusion of the trial of the case, even
382	382	14 if the prosecution chooses not to pursue the death penalty
383	383	15 prior to trial or sentencing.
384	384	16 (o) Information that is prohibited from being
385	385	17 disclosed under Section 4 of the Illinois Health and
386	386	18 Hazardous Substances Registry Act.
387	387	19 (p) Security portions of system safety program plans,
388	388	20 investigation reports, surveys, schedules, lists, data, or
389	389	21 information compiled, collected, or prepared by or for the
390	390	22 Department of Transportation under Sections 2705-300 and
391	391	23 2705-616 of the Department of Transportation Law of the
392	392	24 Civil Administrative Code of Illinois, the Regional
393	393	25 Transportation Authority under Section 2.11 of the
394	394	26 Regional Transportation Authority Act, or the St. Clair
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405	405	1 County Transit District under the Bi-State Transit Safety
406	406	2 Act.
407	407	3 (q) Information prohibited from being disclosed by the
408	408	4 Personnel Record Review Act.
409	409	5 (r) Information prohibited from being disclosed by the
410	410	6 Illinois School Student Records Act.
411	411	7 (s) Information the disclosure of which is restricted
412	412	8 under Section 5-108 of the Public Utilities Act.
413	413	9 (t) All identified or deidentified health information
414	414	10 in the form of health data or medical records contained
415	415	11 in, stored in, submitted to, transferred by, or released
416	416	12 from the Illinois Health Information Exchange, and
417	417	13 identified or deidentified health information in the form
418	418	14 of health data and medical records of the Illinois Health
419	419	15 Information Exchange in the possession of the Illinois
420	420	16 Health Information Exchange Office due to its
421	421	17 administration of the Illinois Health Information
422	422	18 Exchange. The terms "identified" and "deidentified" shall
423	423	19 be given the same meaning as in the Health Insurance
424	424	20 Portability and Accountability Act of 1996, Public Law
425	425	21 104-191, or any subsequent amendments thereto, and any
426	426	22 regulations promulgated thereunder.
427	427	23 (u) Records and information provided to an independent
428	428	24 team of experts under the Developmental Disability and
429	429	25 Mental Health Safety Act (also known as Brian's Law).
430	430	26 (v) Names and information of people who have applied
431	431
432	432
433	433
434	434
435	435
436	436	HB3968 - 11 - LRB103 30438 AWJ 56869 b
437	437
438	438
439	439	HB3968- 12 -LRB103 30438 AWJ 56869 b HB3968 - 12 - LRB103 30438 AWJ 56869 b
440	440	HB3968 - 12 - LRB103 30438 AWJ 56869 b
441	441	1 for or received Firearm Owner's Identification Cards under
442	442	2 the Firearm Owners Identification Card Act or applied for
443	443	3 or received a concealed carry license under the Firearm
444	444	4 Concealed Carry Act, unless otherwise authorized by the
445	445	5 Firearm Concealed Carry Act; and databases under the
446	446	6 Firearm Concealed Carry Act, records of the Concealed
447	447	7 Carry Licensing Review Board under the Firearm Concealed
448	448	8 Carry Act, and law enforcement agency objections under the
449	449	9 Firearm Concealed Carry Act.
450	450	10 (v-5) Records of the Firearm Owner's Identification
451	451	11 Card Review Board that are exempted from disclosure under
452	452	12 Section 10 of the Firearm Owners Identification Card Act.
453	453	13 (w) Personally identifiable information which is
454	454	14 exempted from disclosure under subsection (g) of Section
455	455	15 19.1 of the Toll Highway Act.
456	456	16 (x) Information which is exempted from disclosure
457	457	17 under Section 5-1014.3 of the Counties Code or Section
458	458	18 8-11-21 of the Illinois Municipal Code.
459	459	19 (y) Confidential information under the Adult
460	460	20 Protective Services Act and its predecessor enabling
461	461	21 statute, the Elder Abuse and Neglect Act, including
462	462	22 information about the identity and administrative finding
463	463	23 against any caregiver of a verified and substantiated
464	464	24 decision of abuse, neglect, or financial exploitation of
465	465	25 an eligible adult maintained in the Registry established
466	466	26 under Section 7.5 of the Adult Protective Services Act.
467	467
468	468
469	469
470	470
471	471
472	472	HB3968 - 12 - LRB103 30438 AWJ 56869 b
473	473
474	474
475	475	HB3968- 13 -LRB103 30438 AWJ 56869 b HB3968 - 13 - LRB103 30438 AWJ 56869 b
476	476	HB3968 - 13 - LRB103 30438 AWJ 56869 b
477	477	1 (z) Records and information provided to a fatality
478	478	2 review team or the Illinois Fatality Review Team Advisory
479	479	3 Council under Section 15 of the Adult Protective Services
480	480	4 Act.
481	481	5 (aa) Information which is exempted from disclosure
482	482	6 under Section 2.37 of the Wildlife Code.
483	483	7 (bb) Information which is or was prohibited from
484	484	8 disclosure by the Juvenile Court Act of 1987.
485	485	9 (cc) Recordings made under the Law Enforcement
486	486	10 Officer-Worn Body Camera Act, except to the extent
487	487	11 authorized under that Act.
488	488	12 (dd) Information that is prohibited from being
489	489	13 disclosed under Section 45 of the Condominium and Common
490	490	14 Interest Community Ombudsperson Act.
491	491	15 (ee) Information that is exempted from disclosure
492	492	16 under Section 30.1 of the Pharmacy Practice Act.
493	493	17 (ff) Information that is exempted from disclosure
494	494	18 under the Revised Uniform Unclaimed Property Act.
495	495	19 (gg) Information that is prohibited from being
496	496	20 disclosed under Section 7-603.5 of the Illinois Vehicle
497	497	21 Code.
498	498	22 (hh) Records that are exempt from disclosure under
499	499	23 Section 1A-16.7 of the Election Code.
500	500	24 (ii) Information which is exempted from disclosure
501	501	25 under Section 2505-800 of the Department of Revenue Law of
502	502	26 the Civil Administrative Code of Illinois.
503	503
504	504
505	505
506	506
507	507
508	508	HB3968 - 13 - LRB103 30438 AWJ 56869 b
509	509
510	510
511	511	HB3968- 14 -LRB103 30438 AWJ 56869 b HB3968 - 14 - LRB103 30438 AWJ 56869 b
512	512	HB3968 - 14 - LRB103 30438 AWJ 56869 b
513	513	1 (jj) Information and reports that are required to be
514	514	2 submitted to the Department of Labor by registering day
515	515	3 and temporary labor service agencies but are exempt from
516	516	4 disclosure under subsection (a-1) of Section 45 of the Day
517	517	5 and Temporary Labor Services Act.
518	518	6 (kk) Information prohibited from disclosure under the
519	519	7 Seizure and Forfeiture Reporting Act.
520	520	8 (ll) Information the disclosure of which is restricted
521	521	9 and exempted under Section 5-30.8 of the Illinois Public
522	522	10 Aid Code.
523	523	11 (mm) Records that are exempt from disclosure under
524	524	12 Section 4.2 of the Crime Victims Compensation Act.
525	525	13 (nn) Information that is exempt from disclosure under
526	526	14 Section 70 of the Higher Education Student Assistance Act.
527	527	15 (oo) Communications, notes, records, and reports
528	528	16 arising out of a peer support counseling session
529	529	17 prohibited from disclosure under the First Responders
530	530	18 Suicide Prevention Act.
531	531	19 (pp) Names and all identifying information relating to
532	532	20 an employee of an emergency services provider or law
533	533	21 enforcement agency under the First Responders Suicide
534	534	22 Prevention Act.
535	535	23 (qq) Information and records held by the Department of
536	536	24 Public Health and its authorized representatives collected
537	537	25 under the Reproductive Health Act.
538	538	26 (rr) Information that is exempt from disclosure under
539	539
540	540
541	541
542	542
543	543
544	544	HB3968 - 14 - LRB103 30438 AWJ 56869 b
545	545
546	546
547	547	HB3968- 15 -LRB103 30438 AWJ 56869 b HB3968 - 15 - LRB103 30438 AWJ 56869 b
548	548	HB3968 - 15 - LRB103 30438 AWJ 56869 b
549	549	1 the Cannabis Regulation and Tax Act.
550	550	2 (ss) Data reported by an employer to the Department of
551	551	3 Human Rights pursuant to Section 2-108 of the Illinois
552	552	4 Human Rights Act.
553	553	5 (tt) Recordings made under the Children's Advocacy
554	554	6 Center Act, except to the extent authorized under that
555	555	7 Act.
556	556	8 (uu) Information that is exempt from disclosure under
557	557	9 Section 50 of the Sexual Assault Evidence Submission Act.
558	558	10 (vv) Information that is exempt from disclosure under
559	559	11 subsections (f) and (j) of Section 5-36 of the Illinois
560	560	12 Public Aid Code.
561	561	13 (ww) Information that is exempt from disclosure under
562	562	14 Section 16.8 of the State Treasurer Act.
563	563	15 (xx) Information that is exempt from disclosure or
564	564	16 information that shall not be made public under the
565	565	17 Illinois Insurance Code.
566	566	18 (yy) Information prohibited from being disclosed under
567	567	19 the Illinois Educational Labor Relations Act.
568	568	20 (zz) Information prohibited from being disclosed under
569	569	21 the Illinois Public Labor Relations Act.
570	570	22 (aaa) Information prohibited from being disclosed
571	571	23 under Section 1-167 of the Illinois Pension Code.
572	572	24 (bbb) Information that is prohibited from disclosure
573	573	25 by the Illinois Police Training Act and the Illinois State
574	574	26 Police Act.
575	575
576	576
577	577
578	578
579	579
580	580	HB3968 - 15 - LRB103 30438 AWJ 56869 b
581	581
582	582
583	583	HB3968- 16 -LRB103 30438 AWJ 56869 b HB3968 - 16 - LRB103 30438 AWJ 56869 b
584	584	HB3968 - 16 - LRB103 30438 AWJ 56869 b
585	585	1 (ccc) Records exempt from disclosure under Section
586	586	2 2605-304 of the Illinois State Police Law of the Civil
587	587	3 Administrative Code of Illinois.
588	588	4 (ddd) Information prohibited from being disclosed
589	589	5 under Section 35 of the Address Confidentiality for
590	590	6 Victims of Domestic Violence, Sexual Assault, Human
591	591	7 Trafficking, or Stalking Act.
592	592	8 (eee) Information prohibited from being disclosed
593	593	9 under subsection (b) of Section 75 of the Domestic
594	594	10 Violence Fatality Review Act.
595	595	11 (fff) Images from cameras under the Expressway Camera
596	596	12 Act. This subsection (fff) is inoperative on and after
597	597	13 July 1, 2023.
598	598	14 (ggg) Information prohibited from disclosure under
599	599	15 paragraph (3) of subsection (a) of Section 14 of the Nurse
600	600	16 Agency Licensing Act.
601	601	17 (hhh) Information submitted to the Illinois Department
602	602	18 of State Police in an affidavit or application for an
603	603	19 assault weapon endorsement, assault weapon attachment
604	604	20 endorsement, .50 caliber rifle endorsement, or .50 caliber
605	605	21 cartridge endorsement under the Firearm Owners
606	606	22 Identification Card Act.
607	607	23 (iii) Information that is exempt from disclosure under
608	608	24 the Public Official Privacy Act.
609	609	25 (Source: P.A. 101-13, eff. 6-12-19; 101-27, eff. 6-25-19;
610	610	26 101-81, eff. 7-12-19; 101-221, eff. 1-1-20; 101-236, eff.
611	611
612	612
613	613
614	614
615	615
616	616	HB3968 - 16 - LRB103 30438 AWJ 56869 b
617	617
618	618
619	619	HB3968- 17 -LRB103 30438 AWJ 56869 b HB3968 - 17 - LRB103 30438 AWJ 56869 b
620	620	HB3968 - 17 - LRB103 30438 AWJ 56869 b
621	621	1 1-1-20; 101-375, eff. 8-16-19; 101-377, eff. 8-16-19; 101-452,
622	622	2 eff. 1-1-20; 101-466, eff. 1-1-20; 101-600, eff. 12-6-19;
623	623	3 101-620, eff 12-20-19; 101-649, eff. 7-7-20; 101-652, eff.
624	624	4 1-1-22; 101-656, eff. 3-23-21; 102-36, eff. 6-25-21; 102-237,
625	625	5 eff. 1-1-22; 102-292, eff. 1-1-22; 102-520, eff. 8-20-21;
626	626	6 102-559, eff. 8-20-21; 102-813, eff. 5-13-22; 102-946, eff.
627	627	7 7-1-22; 102-1042, eff. 6-3-22; 102-1116, eff. 1-10-23; revised
628	628	8 2-13-23.)
629	629	9 Section 105. The Election Code is amended by adding
630	630	10 Section 10-10.3 as follows:
631	631	11 (10 ILCS 5/10-10.3 new)
632	632	12 Sec. 10-10.3. Removal of an official's address information
633	633	13 from the certificate of nomination or nomination papers.
634	634	14 (a) As used in this Section, "home address" and "official"
635	635	15 have the meanings given to those terms in Section 5 of the
636	636	16 Public Official Privacy Act.
637	637	17 (b) Upon expiration of the period for filing an objection
638	638	18 to an official's certificate of nomination or nomination
639	639	19 papers, an official who is a candidate may file a written
640	640	20 request with the State Board of Elections for redaction of the
641	641	21 official's home address information from the official's
642	642	22 certificate of nomination or nomination papers. After receipt
643	643	23 of the official's written request, the State Board of
644	644	24 Elections shall redact or cause redaction of the official's
645	645
646	646
647	647
648	648
649	649
650	650	HB3968 - 17 - LRB103 30438 AWJ 56869 b
651	651
652	652
653	653	HB3968- 18 -LRB103 30438 AWJ 56869 b HB3968 - 18 - LRB103 30438 AWJ 56869 b
654	654	HB3968 - 18 - LRB103 30438 AWJ 56869 b
655	655	1 home address from the official's certificate of nomination or
656	656	2 nomination papers within 5 business days.
657	657	3 (c) Prior to expiration of the period for filing an
658	658	4 objection to an official's certificate of nomination or
659	659	5 nomination papers, the home address information from the
660	660	6 certificate of nomination or nomination papers of an official
661	661	7 who is a candidate is available for public inspection. After
662	662	8 redaction of an official's home address information under
663	663	9 subsection (b), the home address information is only available
664	664	10 for an in camera inspection by a court reviewing an objection
665	665	11 to the official's certificate of nomination or nomination
666	666	12 papers.
667	667	13 Section 110. The Illinois Identification Card Act is
668	668	14 amended by changing Sections 4 and 5 as follows:
669	669	15 (15 ILCS 335/4) (from Ch. 124, par. 24)
670	670	16 Sec. 4. Identification card.
671	671	17 (a) The Secretary of State shall issue a standard Illinois
672	672	18 Identification Card to any natural person who is a resident of
673	673	19 the State of Illinois who applies for such card, or renewal
674	674	20 thereof. No identification card shall be issued to any person
675	675	21 who holds a valid foreign state identification card, license,
676	676	22 or permit unless the person first surrenders to the Secretary
677	677	23 of State the valid foreign state identification card, license,
678	678	24 or permit. The card shall be prepared and supplied by the
679	679
680	680
681	681
682	682
683	683
684	684	HB3968 - 18 - LRB103 30438 AWJ 56869 b
685	685
686	686
687	687	HB3968- 19 -LRB103 30438 AWJ 56869 b HB3968 - 19 - LRB103 30438 AWJ 56869 b
688	688	HB3968 - 19 - LRB103 30438 AWJ 56869 b
689	689	1 Secretary of State and shall include a photograph and
690	690	2 signature or mark of the applicant. However, the Secretary of
691	691	3 State may provide by rule for the issuance of Illinois
692	692	4 Identification Cards without photographs if the applicant has
693	693	5 a bona fide religious objection to being photographed or to
694	694	6 the display of his or her photograph. The Illinois
695	695	7 Identification Card may be used for identification purposes in
696	696	8 any lawful situation only by the person to whom it was issued.
697	697	9 As used in this Act, "photograph" means any color photograph
698	698	10 or digitally produced and captured image of an applicant for
699	699	11 an identification card. As used in this Act, "signature" means
700	700	12 the name of a person as written by that person and captured in
701	701	13 a manner acceptable to the Secretary of State.
702	702	14 (a-5) If an applicant for an identification card has a
703	703	15 current driver's license or instruction permit issued by the
704	704	16 Secretary of State, the Secretary may require the applicant to
705	705	17 utilize the same residence address and name on the
706	706	18 identification card, driver's license, and instruction permit
707	707	19 records maintained by the Secretary. The Secretary may
708	708	20 promulgate rules to implement this provision.
709	709	21 (a-10) If the applicant is a judicial officer as defined
710	710	22 in Section 1-10 of the Judicial Privacy Act, an official as
711	711	23 defined in Section 5 of the Public Official Privacy Act, or a
712	712	24 peace officer, the applicant may elect to have his or her
713	713	25 office or work address listed on the card instead of the
714	714	26 applicant's residence or mailing address. The Secretary may
715	715
716	716
717	717
718	718
719	719
720	720	HB3968 - 19 - LRB103 30438 AWJ 56869 b
721	721
722	722
723	723	HB3968- 20 -LRB103 30438 AWJ 56869 b HB3968 - 20 - LRB103 30438 AWJ 56869 b
724	724	HB3968 - 20 - LRB103 30438 AWJ 56869 b
725	725	1 promulgate rules to implement this provision. For the purposes
726	726	2 of this subsection (a-10), "peace officer" means any person
727	727	3 who by virtue of his or her office or public employment is
728	728	4 vested by law with a duty to maintain public order or to make
729	729	5 arrests for a violation of any penal statute of this State,
730	730	6 whether that duty extends to all violations or is limited to
731	731	7 specific violations.
732	732	8 (a-15) The Secretary of State may provide for an expedited
733	733	9 process for the issuance of an Illinois Identification Card.
734	734	10 The Secretary shall charge an additional fee for the expedited
735	735	11 issuance of an Illinois Identification Card, to be set by
736	736	12 rule, not to exceed $75. All fees collected by the Secretary
737	737	13 for expedited Illinois Identification Card service shall be
738	738	14 deposited into the Secretary of State Special Services Fund.
739	739	15 The Secretary may adopt rules regarding the eligibility,
740	740	16 process, and fee for an expedited Illinois Identification
741	741	17 Card. If the Secretary of State determines that the volume of
742	742	18 expedited identification card requests received on a given day
743	743	19 exceeds the ability of the Secretary to process those requests
744	744	20 in an expedited manner, the Secretary may decline to provide
745	745	21 expedited services, and the additional fee for the expedited
746	746	22 service shall be refunded to the applicant.
747	747	23 (a-20) The Secretary of State shall issue a standard
748	748	24 Illinois Identification Card to a committed person upon
749	749	25 release on parole, mandatory supervised release, aftercare
750	750	26 release, final discharge, or pardon from the Department of
751	751
752	752
753	753
754	754
755	755
756	756	HB3968 - 20 - LRB103 30438 AWJ 56869 b
757	757
758	758
759	759	HB3968- 21 -LRB103 30438 AWJ 56869 b HB3968 - 21 - LRB103 30438 AWJ 56869 b
760	760	HB3968 - 21 - LRB103 30438 AWJ 56869 b
761	761	1 Corrections or Department of Juvenile Justice, if the released
762	762	2 person presents a certified copy of his or her birth
763	763	3 certificate, social security card or other documents
764	764	4 authorized by the Secretary, and 2 documents proving his or
765	765	5 her Illinois residence address. Documents proving residence
766	766	6 address may include any official document of the Department of
767	767	7 Corrections or the Department of Juvenile Justice showing the
768	768	8 released person's address after release and a Secretary of
769	769	9 State prescribed certificate of residency form, which may be
770	770	10 executed by Department of Corrections or Department of
771	771	11 Juvenile Justice personnel.
772	772	12 (a-25) The Secretary of State shall issue a limited-term
773	773	13 Illinois Identification Card valid for 90 days to a committed
774	774	14 person upon release on parole, mandatory supervised release,
775	775	15 aftercare release, final discharge, or pardon from the
776	776	16 Department of Corrections or Department of Juvenile Justice,
777	777	17 if the released person is unable to present a certified copy of
778	778	18 his or her birth certificate and social security card or other
779	779	19 documents authorized by the Secretary, but does present a
780	780	20 Secretary of State prescribed verification form completed by
781	781	21 the Department of Corrections or Department of Juvenile
782	782	22 Justice, verifying the released person's date of birth and
783	783	23 social security number and 2 documents proving his or her
784	784	24 Illinois residence address. The verification form must have
785	785	25 been completed no more than 30 days prior to the date of
786	786	26 application for the Illinois Identification Card. Documents
787	787
788	788
789	789
790	790
791	791
792	792	HB3968 - 21 - LRB103 30438 AWJ 56869 b
793	793
794	794
795	795	HB3968- 22 -LRB103 30438 AWJ 56869 b HB3968 - 22 - LRB103 30438 AWJ 56869 b
796	796	HB3968 - 22 - LRB103 30438 AWJ 56869 b
797	797	1 proving residence address shall include any official document
798	798	2 of the Department of Corrections or the Department of Juvenile
799	799	3 Justice showing the person's address after release and a
800	800	4 Secretary of State prescribed certificate of residency, which
801	801	5 may be executed by Department of Corrections or Department of
802	802	6 Juvenile Justice personnel.
803	803	7 Prior to the expiration of the 90-day period of the
804	804	8 limited-term Illinois Identification Card, if the released
805	805	9 person submits to the Secretary of State a certified copy of
806	806	10 his or her birth certificate and his or her social security
807	807	11 card or other documents authorized by the Secretary, a
808	808	12 standard Illinois Identification Card shall be issued. A
809	809	13 limited-term Illinois Identification Card may not be renewed.
810	810	14 (a-30) The Secretary of State shall issue a standard
811	811	15 Illinois Identification Card to a person upon conditional
812	812	16 release or absolute discharge from the custody of the
813	813	17 Department of Human Services, if the person presents a
814	814	18 certified copy of his or her birth certificate, social
815	815	19 security card, or other documents authorized by the Secretary,
816	816	20 and a document proving his or her Illinois residence address.
817	817	21 The Secretary of State shall issue a standard Illinois
818	818	22 Identification Card to a person prior to his or her
819	819	23 conditional release or absolute discharge if personnel from
820	820	24 the Department of Human Services bring the person to a
821	821	25 Secretary of State location with the required documents.
822	822	26 Documents proving residence address may include any official
823	823
824	824
825	825
826	826
827	827
828	828	HB3968 - 22 - LRB103 30438 AWJ 56869 b
829	829
830	830
831	831	HB3968- 23 -LRB103 30438 AWJ 56869 b HB3968 - 23 - LRB103 30438 AWJ 56869 b
832	832	HB3968 - 23 - LRB103 30438 AWJ 56869 b
833	833	1 document of the Department of Human Services showing the
834	834	2 person's address after release and a Secretary of State
835	835	3 prescribed verification form, which may be executed by
836	836	4 personnel of the Department of Human Services.
837	837	5 (a-35) The Secretary of State shall issue a limited-term
838	838	6 Illinois Identification Card valid for 90 days to a person
839	839	7 upon conditional release or absolute discharge from the
840	840	8 custody of the Department of Human Services, if the person is
841	841	9 unable to present a certified copy of his or her birth
842	842	10 certificate and social security card or other documents
843	843	11 authorized by the Secretary, but does present a Secretary of
844	844	12 State prescribed verification form completed by the Department
845	845	13 of Human Services, verifying the person's date of birth and
846	846	14 social security number, and a document proving his or her
847	847	15 Illinois residence address. The verification form must have
848	848	16 been completed no more than 30 days prior to the date of
849	849	17 application for the Illinois Identification Card. The
850	850	18 Secretary of State shall issue a limited-term Illinois
851	851	19 Identification Card to a person no sooner than 14 days prior to
852	852	20 his or her conditional release or absolute discharge if
853	853	21 personnel from the Department of Human Services bring the
854	854	22 person to a Secretary of State location with the required
855	855	23 documents. Documents proving residence address shall include
856	856	24 any official document of the Department of Human Services
857	857	25 showing the person's address after release and a Secretary of
858	858	26 State prescribed verification form, which may be executed by
859	859
860	860
861	861
862	862
863	863
864	864	HB3968 - 23 - LRB103 30438 AWJ 56869 b
865	865
866	866
867	867	HB3968- 24 -LRB103 30438 AWJ 56869 b HB3968 - 24 - LRB103 30438 AWJ 56869 b
868	868	HB3968 - 24 - LRB103 30438 AWJ 56869 b
869	869	1 personnel of the Department of Human Services.
870	870	2 (b) The Secretary of State shall issue a special Illinois
871	871	3 Identification Card, which shall be known as an Illinois
872	872	4 Person with a Disability Identification Card, to any natural
873	873	5 person who is a resident of the State of Illinois, who is a
874	874	6 person with a disability as defined in Section 4A of this Act,
875	875	7 who applies for such card, or renewal thereof. No Illinois
876	876	8 Person with a Disability Identification Card shall be issued
877	877	9 to any person who holds a valid foreign state identification
878	878	10 card, license, or permit unless the person first surrenders to
879	879	11 the Secretary of State the valid foreign state identification
880	880	12 card, license, or permit. The Secretary of State shall charge
881	881	13 no fee to issue such card. The card shall be prepared and
882	882	14 supplied by the Secretary of State, and shall include a
883	883	15 photograph and signature or mark of the applicant, a
884	884	16 designation indicating that the card is an Illinois Person
885	885	17 with a Disability Identification Card, and shall include a
886	886	18 comprehensible designation of the type and classification of
887	887	19 the applicant's disability as set out in Section 4A of this
888	888	20 Act. However, the Secretary of State may provide by rule for
889	889	21 the issuance of Illinois Person with a Disability
890	890	22 Identification Cards without photographs if the applicant has
891	891	23 a bona fide religious objection to being photographed or to
892	892	24 the display of his or her photograph. If the applicant so
893	893	25 requests, the card shall include a description of the
894	894	26 applicant's disability and any information about the
895	895
896	896
897	897
898	898
899	899
900	900	HB3968 - 24 - LRB103 30438 AWJ 56869 b
901	901
902	902
903	903	HB3968- 25 -LRB103 30438 AWJ 56869 b HB3968 - 25 - LRB103 30438 AWJ 56869 b
904	904	HB3968 - 25 - LRB103 30438 AWJ 56869 b
905	905	1 applicant's disability or medical history which the Secretary
906	906	2 determines would be helpful to the applicant in securing
907	907	3 emergency medical care. If a mark is used in lieu of a
908	908	4 signature, such mark shall be affixed to the card in the
909	909	5 presence of two witnesses who attest to the authenticity of
910	910	6 the mark. The Illinois Person with a Disability Identification
911	911	7 Card may be used for identification purposes in any lawful
912	912	8 situation by the person to whom it was issued.
913	913	9 The Illinois Person with a Disability Identification Card
914	914	10 may be used as adequate documentation of disability in lieu of
915	915	11 a physician's determination of disability, a determination of
916	916	12 disability from a physician assistant, a determination of
917	917	13 disability from an advanced practice registered nurse, or any
918	918	14 other documentation of disability whenever any State law
919	919	15 requires that a person with a disability provide such
920	920	16 documentation of disability, however an Illinois Person with a
921	921	17 Disability Identification Card shall not qualify the
922	922	18 cardholder to participate in any program or to receive any
923	923	19 benefit which is not available to all persons with like
924	924	20 disabilities. Notwithstanding any other provisions of law, an
925	925	21 Illinois Person with a Disability Identification Card, or
926	926	22 evidence that the Secretary of State has issued an Illinois
927	927	23 Person with a Disability Identification Card, shall not be
928	928	24 used by any person other than the person named on such card to
929	929	25 prove that the person named on such card is a person with a
930	930	26 disability or for any other purpose unless the card is used for
931	931
932	932
933	933
934	934
935	935
936	936	HB3968 - 25 - LRB103 30438 AWJ 56869 b
937	937
938	938
939	939	HB3968- 26 -LRB103 30438 AWJ 56869 b HB3968 - 26 - LRB103 30438 AWJ 56869 b
940	940	HB3968 - 26 - LRB103 30438 AWJ 56869 b
941	941	1 the benefit of the person named on such card, and the person
942	942	2 named on such card consents to such use at the time the card is
943	943	3 so used.
944	944	4 An optometrist's determination of a visual disability
945	945	5 under Section 4A of this Act is acceptable as documentation
946	946	6 for the purpose of issuing an Illinois Person with a
947	947	7 Disability Identification Card.
948	948	8 When medical information is contained on an Illinois
949	949	9 Person with a Disability Identification Card, the Office of
950	950	10 the Secretary of State shall not be liable for any actions
951	951	11 taken based upon that medical information.
952	952	12 (c) The Secretary of State shall provide that each
953	953	13 original or renewal Illinois Identification Card or Illinois
954	954	14 Person with a Disability Identification Card issued to a
955	955	15 person under the age of 21 shall be of a distinct nature from
956	956	16 those Illinois Identification Cards or Illinois Person with a
957	957	17 Disability Identification Cards issued to individuals 21 years
958	958	18 of age or older. The color designated for Illinois
959	959	19 Identification Cards or Illinois Person with a Disability
960	960	20 Identification Cards for persons under the age of 21 shall be
961	961	21 at the discretion of the Secretary of State.
962	962	22 (c-1) Each original or renewal Illinois Identification
963	963	23 Card or Illinois Person with a Disability Identification Card
964	964	24 issued to a person under the age of 21 shall display the date
965	965	25 upon which the person becomes 18 years of age and the date upon
966	966	26 which the person becomes 21 years of age.
967	967
968	968
969	969
970	970
971	971
972	972	HB3968 - 26 - LRB103 30438 AWJ 56869 b
973	973
974	974
975	975	HB3968- 27 -LRB103 30438 AWJ 56869 b HB3968 - 27 - LRB103 30438 AWJ 56869 b
976	976	HB3968 - 27 - LRB103 30438 AWJ 56869 b
977	977	1 (c-3) The General Assembly recognizes the need to identify
978	978	2 military veterans living in this State for the purpose of
979	979	3 ensuring that they receive all of the services and benefits to
980	980	4 which they are legally entitled, including healthcare,
981	981	5 education assistance, and job placement. To assist the State
982	982	6 in identifying these veterans and delivering these vital
983	983	7 services and benefits, the Secretary of State is authorized to
984	984	8 issue Illinois Identification Cards and Illinois Person with a
985	985	9 Disability Identification Cards with the word "veteran"
986	986	10 appearing on the face of the cards. This authorization is
987	987	11 predicated on the unique status of veterans. The Secretary may
988	988	12 not issue any other identification card which identifies an
989	989	13 occupation, status, affiliation, hobby, or other unique
990	990	14 characteristics of the identification card holder which is
991	991	15 unrelated to the purpose of the identification card.
992	992	16 (c-5) Beginning on or before July 1, 2015, the Secretary
993	993	17 of State shall designate a space on each original or renewal
994	994	18 identification card where, at the request of the applicant,
995	995	19 the word "veteran" shall be placed. The veteran designation
996	996	20 shall be available to a person identified as a veteran under
997	997	21 subsection (b) of Section 5 of this Act who was discharged or
998	998	22 separated under honorable conditions.
999	999	23 (d) The Secretary of State may issue a Senior Citizen
1000	1000	24 discount card, to any natural person who is a resident of the
1001	1001	25 State of Illinois who is 60 years of age or older and who
1002	1002	26 applies for such a card or renewal thereof. The Secretary of
1003	1003
1004	1004
1005	1005
1006	1006
1007	1007
1008	1008	HB3968 - 27 - LRB103 30438 AWJ 56869 b
1009	1009
1010	1010
1011	1011	HB3968- 28 -LRB103 30438 AWJ 56869 b HB3968 - 28 - LRB103 30438 AWJ 56869 b
1012	1012	HB3968 - 28 - LRB103 30438 AWJ 56869 b
1013	1013	1 State shall charge no fee to issue such card. The card shall be
1014	1014	2 issued in every county and applications shall be made
1015	1015	3 available at, but not limited to, nutrition sites, senior
1016	1016	4 citizen centers and Area Agencies on Aging. The applicant,
1017	1017	5 upon receipt of such card and prior to its use for any purpose,
1018	1018	6 shall have affixed thereon in the space provided therefor his
1019	1019	7 signature or mark.
1020	1020	8 (e) The Secretary of State, in his or her discretion, may
1021	1021	9 designate on each Illinois Identification Card or Illinois
1022	1022	10 Person with a Disability Identification Card a space where the
1023	1023	11 card holder may place a sticker or decal, issued by the
1024	1024	12 Secretary of State, of uniform size as the Secretary may
1025	1025	13 specify, that shall indicate in appropriate language that the
1026	1026	14 card holder has renewed his or her Illinois Identification
1027	1027	15 Card or Illinois Person with a Disability Identification Card.
1028	1028	16 (Source: P.A. 102-299, eff. 8-6-21.)
1029	1029	17 (15 ILCS 335/5) (from Ch. 124, par. 25)
1030	1030	18 Sec. 5. Applications.
1031	1031	19 (a) Any natural person who is a resident of the State of
1032	1032	20 Illinois may file an application for an identification card,
1033	1033	21 or for the renewal thereof, in a manner prescribed by the
1034	1034	22 Secretary. Each original application shall be completed by the
1035	1035	23 applicant in full and shall set forth the legal name,
1036	1036	24 residence address and zip code, social security number, birth
1037	1037	25 date, sex and a brief description of the applicant. The
1038	1038
1039	1039
1040	1040
1041	1041
1042	1042
1043	1043	HB3968 - 28 - LRB103 30438 AWJ 56869 b
1044	1044
1045	1045
1046	1046	HB3968- 29 -LRB103 30438 AWJ 56869 b HB3968 - 29 - LRB103 30438 AWJ 56869 b
1047	1047	HB3968 - 29 - LRB103 30438 AWJ 56869 b
1048	1048	1 applicant shall be photographed, unless the Secretary of State
1049	1049	2 has provided by rule for the issuance of identification cards
1050	1050	3 without photographs and the applicant is deemed eligible for
1051	1051	4 an identification card without a photograph under the terms
1052	1052	5 and conditions imposed by the Secretary of State, and he or she
1053	1053	6 shall also submit any other information as the Secretary may
1054	1054	7 deem necessary or such documentation as the Secretary may
1055	1055	8 require to determine the identity of the applicant. In
1056	1056	9 addition to the residence address, the Secretary may allow the
1057	1057	10 applicant to provide a mailing address. If the applicant is a
1058	1058	11 judicial officer as defined in Section 1-10 of the Judicial
1059	1059	12 Privacy Act, an official as defined in Section 5 of the Public
1060	1060	13 Official Privacy Act, or a peace officer, the applicant may
1061	1061	14 elect to have his or her office or work address in lieu of the
1062	1062	15 applicant's residence or mailing address. An applicant for an
1063	1063	16 Illinois Person with a Disability Identification Card must
1064	1064	17 also submit with each original or renewal application, on
1065	1065	18 forms prescribed by the Secretary, such documentation as the
1066	1066	19 Secretary may require, establishing that the applicant is a
1067	1067	20 "person with a disability" as defined in Section 4A of this
1068	1068	21 Act, and setting forth the applicant's type and class of
1069	1069	22 disability as set forth in Section 4A of this Act. For the
1070	1070	23 purposes of this subsection (a), "peace officer" means any
1071	1071	24 person who by virtue of his or her office or public employment
1072	1072	25 is vested by law with a duty to maintain public order or to
1073	1073	26 make arrests for a violation of any penal statute of this
1074	1074
1075	1075
1076	1076
1077	1077
1078	1078
1079	1079	HB3968 - 29 - LRB103 30438 AWJ 56869 b
1080	1080
1081	1081
1082	1082	HB3968- 30 -LRB103 30438 AWJ 56869 b HB3968 - 30 - LRB103 30438 AWJ 56869 b
1083	1083	HB3968 - 30 - LRB103 30438 AWJ 56869 b
1084	1084	1 State, whether that duty extends to all violations or is
1085	1085	2 limited to specific violations.
1086	1086	3 (a-5) Upon the first issuance of a request for proposals
1087	1087	4 for a digital driver's license and identification card
1088	1088	5 issuance and facial recognition system issued after January 1,
1089	1089	6 2020 (the effective date of Public Act 101-513), and upon
1090	1090	7 implementation of a new or revised system procured pursuant to
1091	1091	8 that request for proposals, the Secretary shall permit
1092	1092	9 applicants to choose between "male", "female", or "non-binary"
1093	1093	10 when designating the applicant's sex on the identification
1094	1094	11 card application form. The sex designated by the applicant
1095	1095	12 shall be displayed on the identification card issued to the
1096	1096	13 applicant.
1097	1097	14 (b) Beginning on or before July 1, 2015, for each original
1098	1098	15 or renewal identification card application under this Act, the
1099	1099	16 Secretary shall inquire as to whether the applicant is a
1100	1100	17 veteran for purposes of issuing an identification card with a
1101	1101	18 veteran designation under subsection (c-5) of Section 4 of
1102	1102	19 this Act. The acceptable forms of proof shall include, but are
1103	1103	20 not limited to, Department of Defense form DD-214, Department
1104	1104	21 of Defense form DD-256 for applicants who did not receive a
1105	1105	22 form DD-214 upon the completion of initial basic training,
1106	1106	23 Department of Defense form DD-2 (Retired), an identification
1107	1107	24 card issued under the federal Veterans Identification Card Act
1108	1108	25 of 2015, or a United States Department of Veterans Affairs
1109	1109	26 summary of benefits letter. If the document cannot be stamped,
1110	1110
1111	1111
1112	1112
1113	1113
1114	1114
1115	1115	HB3968 - 30 - LRB103 30438 AWJ 56869 b
1116	1116
1117	1117
1118	1118	HB3968- 31 -LRB103 30438 AWJ 56869 b HB3968 - 31 - LRB103 30438 AWJ 56869 b
1119	1119	HB3968 - 31 - LRB103 30438 AWJ 56869 b
1120	1120	1 the Illinois Department of Veterans' Affairs shall provide a
1121	1121	2 certificate to the veteran to provide to the Secretary of
1122	1122	3 State. The Illinois Department of Veterans' Affairs shall
1123	1123	4 advise the Secretary as to what other forms of proof of a
1124	1124	5 person's status as a veteran are acceptable.
1125	1125	6 For each applicant who is issued an identification card
1126	1126	7 with a veteran designation, the Secretary shall provide the
1127	1127	8 Department of Veterans' Affairs with the applicant's name,
1128	1128	9 address, date of birth, gender, and such other demographic
1129	1129	10 information as agreed to by the Secretary and the Department.
1130	1130	11 The Department may take steps necessary to confirm the
1131	1131	12 applicant is a veteran. If after due diligence, including
1132	1132	13 writing to the applicant at the address provided by the
1133	1133	14 Secretary, the Department is unable to verify the applicant's
1134	1134	15 veteran status, the Department shall inform the Secretary, who
1135	1135	16 shall notify the applicant that he or she must confirm status
1136	1136	17 as a veteran, or the identification card will be cancelled.
1137	1137	18 For purposes of this subsection (b):
1138	1138	19 "Armed forces" means any of the Armed Forces of the United
1139	1139	20 States, including a member of any reserve component or
1140	1140	21 National Guard unit.
1141	1141	22 "Veteran" means a person who has served in the armed
1142	1142	23 forces and was discharged or separated under honorable
1143	1143	24 conditions.
1144	1144	25 (c) All applicants for REAL ID compliant standard Illinois
1145	1145	26 Identification Cards and Illinois Person with a Disability
1146	1146
1147	1147
1148	1148
1149	1149
1150	1150
1151	1151	HB3968 - 31 - LRB103 30438 AWJ 56869 b
1152	1152
1153	1153
1154	1154	HB3968- 32 -LRB103 30438 AWJ 56869 b HB3968 - 32 - LRB103 30438 AWJ 56869 b
1155	1155	HB3968 - 32 - LRB103 30438 AWJ 56869 b
1156	1156	1 Identification Cards shall provide proof of lawful status in
1157	1157	2 the United States as defined in 6 CFR 37.3, as amended.
1158	1158	3 Applicants who are unable to provide the Secretary with proof
1159	1159	4 of lawful status are ineligible for REAL ID compliant
1160	1160	5 identification cards under this Act.
1161	1161	6 (Source: P.A. 101-106, eff. 1-1-20; 101-287, eff. 8-9-19;
1162	1162	7 101-513, eff. 1-1-20; 102-558, eff. 8-20-21.)
1163	1163	8 Section 115. The Illinois Vehicle Code is amended by
1164	1164	9 changing Sections 3-405, 6-106, and 6-110 as follows:
1165	1165	10 (625 ILCS 5/3-405) (from Ch. 95 1/2, par. 3-405)
1166	1166	11 (Text of Section before amendment by P.A. 102-1069)
1167	1167	12 Sec. 3-405. Application for registration.
1168	1168	13 (a) Every owner of a vehicle subject to registration under
1169	1169	14 this Code shall make application to the Secretary of State for
1170	1170	15 the registration of such vehicle upon the appropriate form or
1171	1171	16 forms furnished by the Secretary. Every such application shall
1172	1172	17 bear the signature of the owner written with pen and ink and
1173	1173	18 contain:
1174	1174	19 1. The name, domicile address, as defined in Section
1175	1175	20 1-115.5 of this Code, (except as otherwise provided in
1176	1176	21 this paragraph 1), mail address of the owner or business
1177	1177	22 address of the owner if a firm, association, or
1178	1178	23 corporation, and, if available, email address of the
1179	1179	24 owner. If the mailing address is a post office box number,
1180	1180
1181	1181
1182	1182
1183	1183
1184	1184
1185	1185	HB3968 - 32 - LRB103 30438 AWJ 56869 b
1186	1186
1187	1187
1188	1188	HB3968- 33 -LRB103 30438 AWJ 56869 b HB3968 - 33 - LRB103 30438 AWJ 56869 b
1189	1189	HB3968 - 33 - LRB103 30438 AWJ 56869 b
1190	1190	1 the address listed on the driver license record may be
1191	1191	2 used to verify residence. A police officer, a deputy
1192	1192	3 sheriff, an elected sheriff, a law enforcement officer for
1193	1193	4 the Illinois State Police, a fire investigator, a state's
1194	1194	5 attorney, an assistant state's attorney, a state's
1195	1195	6 attorney special investigator, an official, or a judicial
1196	1196	7 officer may elect to furnish the address of the
1197	1197	8 headquarters of the governmental entity, police district,
1198	1198	9 or business address where he or she works instead of his or
1199	1199	10 her domicile address, in which case that address shall be
1200	1200	11 deemed to be his or her domicile address for all purposes
1201	1201	12 under this Chapter 3. The spouse and children of a person
1202	1202	13 who may elect under this paragraph 1 to furnish the
1203	1203	14 address of the headquarters of the government entity,
1204	1204	15 police district, or business address where the person
1205	1205	16 works instead of the person's domicile address may, if
1206	1206	17 they reside with that person, also elect to furnish the
1207	1207	18 address of the headquarters of the government entity,
1208	1208	19 police district, or business address where the person
1209	1209	20 works as their domicile address, in which case that
1210	1210	21 address shall be deemed to be their domicile address for
1211	1211	22 all purposes under this Chapter 3. In this paragraph 1:
1212	1212	23 (A) "police officer" has the meaning ascribed to
1213	1213	24 "policeman" in Section 10-3-1 of the Illinois Municipal
1214	1214	25 Code; (B) "deputy sheriff" means a deputy sheriff
1215	1215	26 appointed under Section 3-6008 of the Counties Code; (C)
1216	1216
1217	1217
1218	1218
1219	1219
1220	1220
1221	1221	HB3968 - 33 - LRB103 30438 AWJ 56869 b
1222	1222
1223	1223
1224	1224	HB3968- 34 -LRB103 30438 AWJ 56869 b HB3968 - 34 - LRB103 30438 AWJ 56869 b
1225	1225	HB3968 - 34 - LRB103 30438 AWJ 56869 b
1226	1226	1 "elected sheriff" means a sheriff commissioned pursuant to
1227	1227	2 Section 3-6001 of the Counties Code; (D) "fire
1228	1228	3 investigator" means a person classified as a peace officer
1229	1229	4 under the Peace Officer Fire Investigation Act; (E)
1230	1230	5 "state's attorney", "assistant state's attorney", and
1231	1231	6 "state's attorney special investigator" mean a state's
1232	1232	7 attorney, assistant state's attorney, and state's attorney
1233	1233	8 special investigator commissioned or appointed under
1234	1234	9 Division 3-9 of the Counties Code; and (F) "judicial
1235	1235	10 officer" has the meaning ascribed to it in Section 1-10 of
1236	1236	11 the Judicial Privacy Act; and (G) "official" has the
1237	1237	12 meaning ascribed to it in Section 5 of the Public Official
1238	1238	13 Privacy Act.
1239	1239	14 2. A description of the vehicle, including such
1240	1240	15 information as is required in an application for a
1241	1241	16 certificate of title, determined under such standard
1242	1242	17 rating as may be prescribed by the Secretary.
1243	1243	18 3. (Blank).
1244	1244	19 4. Such further information as may reasonably be
1245	1245	20 required by the Secretary to enable him to determine
1246	1246	21 whether the vehicle is lawfully entitled to registration
1247	1247	22 and the owner entitled to a certificate of title.
1248	1248	23 5. An affirmation by the applicant that all
1249	1249	24 information set forth is true and correct. If the
1250	1250	25 application is for the registration of a motor vehicle,
1251	1251	26 the applicant also shall affirm that the motor vehicle is
1252	1252
1253	1253
1254	1254
1255	1255
1256	1256
1257	1257	HB3968 - 34 - LRB103 30438 AWJ 56869 b
1258	1258
1259	1259
1260	1260	HB3968- 35 -LRB103 30438 AWJ 56869 b HB3968 - 35 - LRB103 30438 AWJ 56869 b
1261	1261	HB3968 - 35 - LRB103 30438 AWJ 56869 b
1262	1262	1 insured as required by this Code, that such insurance will
1263	1263	2 be maintained throughout the period for which the motor
1264	1264	3 vehicle shall be registered, and that neither the owner,
1265	1265	4 nor any person operating the motor vehicle with the
1266	1266	5 owner's permission, shall operate the motor vehicle unless
1267	1267	6 the required insurance is in effect. If the person signing
1268	1268	7 the affirmation is not the sole owner of the vehicle, such
1269	1269	8 person shall be deemed to have affirmed on behalf of all
1270	1270	9 the owners of the vehicle. If the person signing the
1271	1271	10 affirmation is not an owner of the vehicle, such person
1272	1272	11 shall be deemed to have affirmed on behalf of the owner or
1273	1273	12 owners of the vehicle. The lack of signature on the
1274	1274	13 application shall not in any manner exempt the owner or
1275	1275	14 owners from any provisions, requirements or penalties of
1276	1276	15 this Code.
1277	1277	16 (b) When such application refers to a new vehicle
1278	1278	17 purchased from a dealer the application shall be accompanied
1279	1279	18 by a Manufacturer's Statement of Origin from the dealer, and a
1280	1280	19 statement showing any lien retained by the dealer.
1281	1281	20 (Source: P.A. 102-538, eff. 8-20-21.)
1282	1282	21 (Text of Section after amendment by P.A. 102-1069)
1283	1283	22 Sec. 3-405. Application for registration.
1284	1284	23 (a) Every owner of a vehicle subject to registration under
1285	1285	24 this Code shall make application to the Secretary of State for
1286	1286	25 the registration of such vehicle upon the appropriate form or
1287	1287
1288	1288
1289	1289
1290	1290
1291	1291
1292	1292	HB3968 - 35 - LRB103 30438 AWJ 56869 b
1293	1293
1294	1294
1295	1295	HB3968- 36 -LRB103 30438 AWJ 56869 b HB3968 - 36 - LRB103 30438 AWJ 56869 b
1296	1296	HB3968 - 36 - LRB103 30438 AWJ 56869 b
1297	1297	1 forms furnished by the Secretary. Every such original
1298	1298	2 application shall bear the signature of the owner written with
1299	1299	3 pen and ink and contain:
1300	1300	4 1. The name, domicile address, as defined in Section
1301	1301	5 1-115.5 of this Code, (except as otherwise provided in
1302	1302	6 this paragraph 1), mail address of the owner or business
1303	1303	7 address of the owner if a firm, association, or
1304	1304	8 corporation, and, if available, email address of the
1305	1305	9 owner. If the mailing address is a post office box number,
1306	1306	10 the address listed on the driver license record may be
1307	1307	11 used to verify residence. A police officer, a deputy
1308	1308	12 sheriff, an elected sheriff, a law enforcement officer for
1309	1309	13 the Illinois State Police, a fire investigator, a state's
1310	1310	14 attorney, an assistant state's attorney, a state's
1311	1311	15 attorney special investigator, an official, or a judicial
1312	1312	16 officer may elect to furnish the address of the
1313	1313	17 headquarters of the governmental entity, police district,
1314	1314	18 or business address where he or she works instead of his or
1315	1315	19 her domicile address, in which case that address shall be
1316	1316	20 deemed to be his or her domicile address for all purposes
1317	1317	21 under this Chapter 3. The spouse and children of a person
1318	1318	22 who may elect under this paragraph 1 to furnish the
1319	1319	23 address of the headquarters of the government entity,
1320	1320	24 police district, or business address where the person
1321	1321	25 works instead of the person's domicile address may, if
1322	1322	26 they reside with that person, also elect to furnish the
1323	1323
1324	1324
1325	1325
1326	1326
1327	1327
1328	1328	HB3968 - 36 - LRB103 30438 AWJ 56869 b
1329	1329
1330	1330
1331	1331	HB3968- 37 -LRB103 30438 AWJ 56869 b HB3968 - 37 - LRB103 30438 AWJ 56869 b
1332	1332	HB3968 - 37 - LRB103 30438 AWJ 56869 b
1333	1333	1 address of the headquarters of the government entity,
1334	1334	2 police district, or business address where the person
1335	1335	3 works as their domicile address, in which case that
1336	1336	4 address shall be deemed to be their domicile address for
1337	1337	5 all purposes under this Chapter 3. In this paragraph 1:
1338	1338	6 (A) "police officer" has the meaning ascribed to
1339	1339	7 "policeman" in Section 10-3-1 of the Illinois Municipal
1340	1340	8 Code; (B) "deputy sheriff" means a deputy sheriff
1341	1341	9 appointed under Section 3-6008 of the Counties Code; (C)
1342	1342	10 "elected sheriff" means a sheriff commissioned pursuant to
1343	1343	11 Section 3-6001 of the Counties Code; (D) "fire
1344	1344	12 investigator" means a person classified as a peace officer
1345	1345	13 under the Peace Officer Fire Investigation Act; (E)
1346	1346	14 "state's attorney", "assistant state's attorney", and
1347	1347	15 "state's attorney special investigator" mean a state's
1348	1348	16 attorney, assistant state's attorney, and state's attorney
1349	1349	17 special investigator commissioned or appointed under
1350	1350	18 Division 3-9 of the Counties Code; and (F) "judicial
1351	1351	19 officer" has the meaning ascribed to it in Section 1-10 of
1352	1352	20 the Judicial Privacy Act; and (G) "official" has the
1353	1353	21 meaning ascribed to it in Section 5 of the Public Official
1354	1354	22 Privacy Act.
1355	1355	23 2. A description of the vehicle, including such
1356	1356	24 information as is required in an application for a
1357	1357	25 certificate of title, determined under such standard
1358	1358	26 rating as may be prescribed by the Secretary.
1359	1359
1360	1360
1361	1361
1362	1362
1363	1363
1364	1364	HB3968 - 37 - LRB103 30438 AWJ 56869 b
1365	1365
1366	1366
1367	1367	HB3968- 38 -LRB103 30438 AWJ 56869 b HB3968 - 38 - LRB103 30438 AWJ 56869 b
1368	1368	HB3968 - 38 - LRB103 30438 AWJ 56869 b
1369	1369	1 3. (Blank).
1370	1370	2 3.5. A space for a voluntary disclosure of a condition
1371	1371	3 that impedes effective communication under Section
1372	1372	4 3-405.5.
1373	1373	5 4. Such further information as may reasonably be
1374	1374	6 required by the Secretary to enable him to determine
1375	1375	7 whether the vehicle is lawfully entitled to registration
1376	1376	8 and the owner entitled to a certificate of title.
1377	1377	9 5. An affirmation by the applicant that all
1378	1378	10 information set forth is true and correct. If the
1379	1379	11 application is for the registration of a motor vehicle,
1380	1380	12 the applicant also shall affirm that the motor vehicle is
1381	1381	13 insured as required by this Code, that such insurance will
1382	1382	14 be maintained throughout the period for which the motor
1383	1383	15 vehicle shall be registered, and that neither the owner,
1384	1384	16 nor any person operating the motor vehicle with the
1385	1385	17 owner's permission, shall operate the motor vehicle unless
1386	1386	18 the required insurance is in effect. If the person signing
1387	1387	19 the affirmation is not the sole owner of the vehicle, such
1388	1388	20 person shall be deemed to have affirmed on behalf of all
1389	1389	21 the owners of the vehicle. If the person signing the
1390	1390	22 affirmation is not an owner of the vehicle, such person
1391	1391	23 shall be deemed to have affirmed on behalf of the owner or
1392	1392	24 owners of the vehicle. The lack of signature on the
1393	1393	25 application shall not in any manner exempt the owner or
1394	1394	26 owners from any provisions, requirements or penalties of
1395	1395
1396	1396
1397	1397
1398	1398
1399	1399
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1405	1405	1 this Code.
1406	1406	2 (b) When such application refers to a new vehicle
1407	1407	3 purchased from a dealer the application shall be accompanied
1408	1408	4 by a Manufacturer's Statement of Origin from the dealer, and a
1409	1409	5 statement showing any lien retained by the dealer.
1410	1410	6 (Source: P.A. 102-538, eff. 8-20-21; 102-1069, eff. 7-1-23.)
1411	1411	7 (625 ILCS 5/6-106) (from Ch. 95 1/2, par. 6-106)
1412	1412	8 Sec. 6-106. Application for license or instruction permit.
1413	1413	9 (a) Every application for any permit or license authorized
1414	1414	10 to be issued under this Code shall be made upon a form
1415	1415	11 furnished by the Secretary of State. Every application shall
1416	1416	12 be accompanied by the proper fee and payment of such fee shall
1417	1417	13 entitle the applicant to not more than 3 attempts to pass the
1418	1418	14 examination within a period of one year after the date of
1419	1419	15 application.
1420	1420	16 (b) Every application shall state the legal name, social
1421	1421	17 security number, zip code, date of birth, sex, and residence
1422	1422	18 address of the applicant; briefly describe the applicant;
1423	1423	19 state whether the applicant has theretofore been licensed as a
1424	1424	20 driver, and, if so, when and by what state or country, and
1425	1425	21 whether any such license has ever been cancelled, suspended,
1426	1426	22 revoked or refused, and, if so, the date and reason for such
1427	1427	23 cancellation, suspension, revocation or refusal; shall include
1428	1428	24 an affirmation by the applicant that all information set forth
1429	1429	25 is true and correct; and shall bear the applicant's signature.
1430	1430
1431	1431
1432	1432
1433	1433
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1436	1436
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1440	1440	1 In addition to the residence address, the Secretary may allow
1441	1441	2 the applicant to provide a mailing address. In the case of an
1442	1442	3 applicant who is a judicial officer, official, or peace
1443	1443	4 officer, the Secretary may allow the applicant to provide an
1444	1444	5 office or work address in lieu of a residence or mailing
1445	1445	6 address. The application form may also require the statement
1446	1446	7 of such additional relevant information as the Secretary of
1447	1447	8 State shall deem necessary to determine the applicant's
1448	1448	9 competency and eligibility. The Secretary of State may, in his
1449	1449	10 discretion, by rule or regulation, provide that an application
1450	1450	11 for a drivers license or permit may include a suitable
1451	1451	12 photograph of the applicant in the form prescribed by the
1452	1452	13 Secretary, and he may further provide that each drivers
1453	1453	14 license shall include a photograph of the driver. The
1454	1454	15 Secretary of State may utilize a photograph process or system
1455	1455	16 most suitable to deter alteration or improper reproduction of
1456	1456	17 a drivers license and to prevent substitution of another photo
1457	1457	18 thereon. For the purposes of this subsection (b): ,
1458	1458	19 "Official" has the meaning ascribed to it in Section 5 of
1459	1459	20 the Public Official Privacy Act.
1460	1460	21 "Peace peace officer" means any person who by virtue of
1461	1461	22 his or her office or public employment is vested by law with a
1462	1462	23 duty to maintain public order or to make arrests for a
1463	1463	24 violation of any penal statute of this State, whether that
1464	1464	25 duty extends to all violations or is limited to specific
1465	1465	26 violations.
1466	1466
1467	1467
1468	1468
1469	1469
1470	1470
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1472	1472
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1476	1476	1 (b-3) Upon the first issuance of a request for proposals
1477	1477	2 for a digital driver's license and identification card
1478	1478	3 issuance and facial recognition system issued after January 1,
1479	1479	4 2020 (the effective date of Public Act 101-513), and upon
1480	1480	5 implementation of a new or revised system procured pursuant to
1481	1481	6 that request for proposals, the Secretary shall permit
1482	1482	7 applicants to choose between "male", "female" or "non-binary"
1483	1483	8 when designating the applicant's sex on the driver's license
1484	1484	9 application form. The sex designated by the applicant shall be
1485	1485	10 displayed on the driver's license issued to the applicant.
1486	1486	11 (b-5) Every applicant for a REAL ID compliant driver's
1487	1487	12 license or permit shall provide proof of lawful status in the
1488	1488	13 United States as defined in 6 CFR 37.3, as amended. Applicants
1489	1489	14 who are unable to provide the Secretary with proof of lawful
1490	1490	15 status may apply for a driver's license or permit under
1491	1491	16 Section 6-105.1 of this Code.
1492	1492	17 (c) The application form shall include a notice to the
1493	1493	18 applicant of the registration obligations of sex offenders
1494	1494	19 under the Sex Offender Registration Act. The notice shall be
1495	1495	20 provided in a form and manner prescribed by the Secretary of
1496	1496	21 State. For purposes of this subsection (c), "sex offender" has
1497	1497	22 the meaning ascribed to it in Section 2 of the Sex Offender
1498	1498	23 Registration Act.
1499	1499	24 (d) Any male United States citizen or immigrant who
1500	1500	25 applies for any permit or license authorized to be issued
1501	1501	26 under this Code or for a renewal of any permit or license, and
1502	1502
1503	1503
1504	1504
1505	1505
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1508	1508
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1512	1512	1 who is at least 18 years of age but less than 26 years of age,
1513	1513	2 must be registered in compliance with the requirements of the
1514	1514	3 federal Military Selective Service Act. The Secretary of State
1515	1515	4 must forward in an electronic format the necessary personal
1516	1516	5 information regarding the applicants identified in this
1517	1517	6 subsection (d) to the Selective Service System. The
1518	1518	7 applicant's signature on the application serves as an
1519	1519	8 indication that the applicant either has already registered
1520	1520	9 with the Selective Service System or that he is authorizing
1521	1521	10 the Secretary to forward to the Selective Service System the
1522	1522	11 necessary information for registration. The Secretary must
1523	1523	12 notify the applicant at the time of application that his
1524	1524	13 signature constitutes consent to registration with the
1525	1525	14 Selective Service System, if he is not already registered.
1526	1526	15 (e) Beginning on or before July 1, 2015, for each original
1527	1527	16 or renewal driver's license application under this Code, the
1528	1528	17 Secretary shall inquire as to whether the applicant is a
1529	1529	18 veteran for purposes of issuing a driver's license with a
1530	1530	19 veteran designation under subsection (e-5) of Section 6-110 of
1531	1531	20 this Code. The acceptable forms of proof shall include, but
1532	1532	21 are not limited to, Department of Defense form DD-214,
1533	1533	22 Department of Defense form DD-256 for applicants who did not
1534	1534	23 receive a form DD-214 upon the completion of initial basic
1535	1535	24 training, Department of Defense form DD-2 (Retired), an
1536	1536	25 identification card issued under the federal Veterans
1537	1537	26 Identification Card Act of 2015, or a United States Department
1538	1538
1539	1539
1540	1540
1541	1541
1542	1542
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1544	1544
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1548	1548	1 of Veterans Affairs summary of benefits letter. If the
1549	1549	2 document cannot be stamped, the Illinois Department of
1550	1550	3 Veterans' Affairs shall provide a certificate to the veteran
1551	1551	4 to provide to the Secretary of State. The Illinois Department
1552	1552	5 of Veterans' Affairs shall advise the Secretary as to what
1553	1553	6 other forms of proof of a person's status as a veteran are
1554	1554	7 acceptable.
1555	1555	8 For each applicant who is issued a driver's license with a
1556	1556	9 veteran designation, the Secretary shall provide the
1557	1557	10 Department of Veterans' Affairs with the applicant's name,
1558	1558	11 address, date of birth, gender and such other demographic
1559	1559	12 information as agreed to by the Secretary and the Department.
1560	1560	13 The Department may take steps necessary to confirm the
1561	1561	14 applicant is a veteran. If after due diligence, including
1562	1562	15 writing to the applicant at the address provided by the
1563	1563	16 Secretary, the Department is unable to verify the applicant's
1564	1564	17 veteran status, the Department shall inform the Secretary, who
1565	1565	18 shall notify the applicant that he or she must confirm status
1566	1566	19 as a veteran, or the driver's license will be cancelled.
1567	1567	20 For purposes of this subsection (e):
1568	1568	21 "Armed forces" means any of the Armed Forces of the United
1569	1569	22 States, including a member of any reserve component or
1570	1570	23 National Guard unit.
1571	1571	24 "Veteran" means a person who has served in the armed
1572	1572	25 forces and was discharged or separated under honorable
1573	1573	26 conditions.
1574	1574
1575	1575
1576	1576
1577	1577
1578	1578
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1580	1580
1581	1581
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1584	1584	1 (Source: P.A. 101-106, eff. 1-1-20; 101-287, eff. 8-9-19;
1585	1585	2 101-513, eff. 1-1-20; 102-558, eff. 8-20-21.)
1586	1586	3 (625 ILCS 5/6-110) (from Ch. 95 1/2, par. 6-110)
1587	1587	4 Sec. 6-110. Licenses issued to drivers.
1588	1588	5 (a) The Secretary of State shall issue to every qualifying
1589	1589	6 applicant a driver's license as applied for, which license
1590	1590	7 shall bear a distinguishing number assigned to the licensee,
1591	1591	8 the legal name, signature, zip code, date of birth, residence
1592	1592	9 address, and a brief description of the licensee.
1593	1593	10 Licenses issued shall also indicate the classification and
1594	1594	11 the restrictions under Section 6-104 of this Code. The
1595	1595	12 Secretary may adopt rules to establish informational
1596	1596	13 restrictions that can be placed on the driver's license
1597	1597	14 regarding specific conditions of the licensee.
1598	1598	15 A driver's license issued may, in the discretion of the
1599	1599	16 Secretary, include a suitable photograph of a type prescribed
1600	1600	17 by the Secretary.
1601	1601	18 (a-1) If the licensee is less than 18 years of age, unless
1602	1602	19 one of the exceptions in subsection (a-2) apply, the license
1603	1603	20 shall, as a matter of law, be invalid for the operation of any
1604	1604	21 motor vehicle during the following times:
1605	1605	22 (A) Between 11:00 p.m. Friday and 6:00 a.m. Saturday;
1606	1606	23 (B) Between 11:00 p.m. Saturday and 6:00 a.m. on
1607	1607	24 Sunday; and
1608	1608	25 (C) Between 10:00 p.m. on Sunday to Thursday,
1609	1609
1610	1610
1611	1611
1612	1612
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1615	1615
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1619	1619	1 inclusive, and 6:00 a.m. on the following day.
1620	1620	2 (a-2) The driver's license of a person under the age of 18
1621	1621	3 shall not be invalid as described in subsection (a-1) of this
1622	1622	4 Section if the licensee under the age of 18 was:
1623	1623	5 (1) accompanied by the licensee's parent or guardian
1624	1624	6 or other person in custody or control of the minor;
1625	1625	7 (2) on an errand at the direction of the minor's
1626	1626	8 parent or guardian, without any detour or stop;
1627	1627	9 (3) in a motor vehicle involved in interstate travel;
1628	1628	10 (4) going to or returning home from an employment
1629	1629	11 activity, without any detour or stop;
1630	1630	12 (5) involved in an emergency;
1631	1631	13 (6) going to or returning home from, without any
1632	1632	14 detour or stop, an official school, religious, or other
1633	1633	15 recreational activity supervised by adults and sponsored
1634	1634	16 by a government or governmental agency, a civic
1635	1635	17 organization, or another similar entity that takes
1636	1636	18 responsibility for the licensee, without any detour or
1637	1637	19 stop;
1638	1638	20 (7) exercising First Amendment rights protected by the
1639	1639	21 United States Constitution, such as the free exercise of
1640	1640	22 religion, freedom of speech, and the right of assembly; or
1641	1641	23 (8) married or had been married or is an emancipated
1642	1642	24 minor under the Emancipation of Minors Act.
1643	1643	25 (a-2.5) The driver's license of a person who is 17 years of
1644	1644	26 age and has been licensed for at least 12 months is not invalid
1645	1645
1646	1646
1647	1647
1648	1648
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1651	1651
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1655	1655	1 as described in subsection (a-1) of this Section while the
1656	1656	2 licensee is participating as an assigned driver in a Safe
1657	1657	3 Rides program that meets the following criteria:
1658	1658	4 (1) the program is sponsored by the Boy Scouts of
1659	1659	5 America or another national public service organization;
1660	1660	6 and
1661	1661	7 (2) the sponsoring organization carries liability
1662	1662	8 insurance covering the program.
1663	1663	9 (a-3) If a graduated driver's license holder over the age
1664	1664	10 of 18 committed an offense against traffic regulations
1665	1665	11 governing the movement of vehicles or any violation of Section
1666	1666	12 6-107 or Section 12-603.1 of this Code in the 6 months prior to
1667	1667	13 the graduated driver's license holder's 18th birthday, and was
1668	1668	14 subsequently convicted of the offense, the provisions of
1669	1669	15 subsection (a-1) shall continue to apply until such time as a
1670	1670	16 period of 6 consecutive months has elapsed without an
1671	1671	17 additional violation and subsequent conviction of an offense
1672	1672	18 against traffic regulations governing the movement of vehicles
1673	1673	19 or Section 6-107 or Section 12-603.1 of this Code.
1674	1674	20 (a-4) If an applicant for a driver's license or
1675	1675	21 instruction permit has a current identification card issued by
1676	1676	22 the Secretary of State, the Secretary may require the
1677	1677	23 applicant to utilize the same residence address and name on
1678	1678	24 the identification card, driver's license, and instruction
1679	1679	25 permit records maintained by the Secretary. The Secretary may
1680	1680	26 promulgate rules to implement this provision.
1681	1681
1682	1682
1683	1683
1684	1684
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1687	1687
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1691	1691	1 (a-5) If an applicant for a driver's license is a judicial
1692	1692	2 officer, an official, or a peace officer, the applicant may
1693	1693	3 elect to have his or her office or work address listed on the
1694	1694	4 license instead of the applicant's residence or mailing
1695	1695	5 address. The Secretary of State shall adopt rules to implement
1696	1696	6 this subsection (a-5). For the purposes of this subsection
1697	1697	7 (a-5): ,
1698	1698	8 "Official" has the meaning ascribed to it in Section 5 of
1699	1699	9 the Public Official Privacy Act.
1700	1700	10 "Peace peace officer" means any person who by virtue of
1701	1701	11 his or her office or public employment is vested by law with a
1702	1702	12 duty to maintain public order or to make arrests for a
1703	1703	13 violation of any penal statute of this State, whether that
1704	1704	14 duty extends to all violations or is limited to specific
1705	1705	15 violations.
1706	1706	16 (b) Until the Secretary of State establishes a First
1707	1707	17 Person Consent organ and tissue donor registry under Section
1708	1708	18 6-117 of this Code, the Secretary of State shall provide a
1709	1709	19 format on the reverse of each driver's license issued which
1710	1710	20 the licensee may use to execute a document of gift conforming
1711	1711	21 to the provisions of the Illinois Anatomical Gift Act. The
1712	1712	22 format shall allow the licensee to indicate the gift intended,
1713	1713	23 whether specific organs, any organ, or the entire body, and
1714	1714	24 shall accommodate the signatures of the donor and 2 witnesses.
1715	1715	25 The Secretary shall also inform each applicant or licensee of
1716	1716	26 this format, describe the procedure for its execution, and may
1717	1717
1718	1718
1719	1719
1720	1720
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1727	1727	1 offer the necessary witnesses; provided that in so doing, the
1728	1728	2 Secretary shall advise the applicant or licensee that he or
1729	1729	3 she is under no compulsion to execute a document of gift. A
1730	1730	4 brochure explaining this method of executing an anatomical
1731	1731	5 gift document shall be given to each applicant or licensee.
1732	1732	6 The brochure shall advise the applicant or licensee that he or
1733	1733	7 she is under no compulsion to execute a document of gift, and
1734	1734	8 that he or she may wish to consult with family, friends or
1735	1735	9 clergy before doing so. The Secretary of State may undertake
1736	1736	10 additional efforts, including education and awareness
1737	1737	11 activities, to promote organ and tissue donation.
1738	1738	12 (c) The Secretary of State shall designate on each
1739	1739	13 driver's license issued a space where the licensee may place a
1740	1740	14 sticker or decal of the uniform size as the Secretary may
1741	1741	15 specify, which sticker or decal may indicate in appropriate
1742	1742	16 language that the owner of the license carries an Emergency
1743	1743	17 Medical Information Card.
1744	1744	18 The sticker may be provided by any person, hospital,
1745	1745	19 school, medical group, or association interested in assisting
1746	1746	20 in implementing the Emergency Medical Information Card, but
1747	1747	21 shall meet the specifications as the Secretary may by rule or
1748	1748	22 regulation require.
1749	1749	23 (d) The Secretary of State shall designate on each
1750	1750	24 driver's license issued a space where the licensee may
1751	1751	25 indicate his blood type and RH factor.
1752	1752	26 (e) The Secretary of State shall provide that each
1753	1753
1754	1754
1755	1755
1756	1756
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1759	1759
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1763	1763	1 original or renewal driver's license issued to a licensee
1764	1764	2 under 21 years of age shall be of a distinct nature from those
1765	1765	3 driver's licenses issued to individuals 21 years of age and
1766	1766	4 older. The color designated for driver's licenses for
1767	1767	5 licensees under 21 years of age shall be at the discretion of
1768	1768	6 the Secretary of State.
1769	1769	7 (e-1) The Secretary shall provide that each driver's
1770	1770	8 license issued to a person under the age of 21 displays the
1771	1771	9 date upon which the person becomes 18 years of age and the date
1772	1772	10 upon which the person becomes 21 years of age.
1773	1773	11 (e-3) The General Assembly recognizes the need to identify
1774	1774	12 military veterans living in this State for the purpose of
1775	1775	13 ensuring that they receive all of the services and benefits to
1776	1776	14 which they are legally entitled, including healthcare,
1777	1777	15 education assistance, and job placement. To assist the State
1778	1778	16 in identifying these veterans and delivering these vital
1779	1779	17 services and benefits, the Secretary of State is authorized to
1780	1780	18 issue drivers' licenses with the word "veteran" appearing on
1781	1781	19 the face of the licenses. This authorization is predicated on
1782	1782	20 the unique status of veterans. The Secretary may not issue any
1783	1783	21 other driver's license which identifies an occupation, status,
1784	1784	22 affiliation, hobby, or other unique characteristics of the
1785	1785	23 license holder which is unrelated to the purpose of the
1786	1786	24 driver's license.
1787	1787	25 (e-5) Beginning on or before July 1, 2015, the Secretary
1788	1788	26 of State shall designate a space on each original or renewal
1789	1789
1790	1790
1791	1791
1792	1792
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1799	1799	1 driver's license where, at the request of the applicant, the
1800	1800	2 word "veteran" shall be placed. The veteran designation shall
1801	1801	3 be available to a person identified as a veteran under
1802	1802	4 subsection (e) of Section 6-106 of this Code who was
1803	1803	5 discharged or separated under honorable conditions.
1804	1804	6 (f) The Secretary of State shall inform all Illinois
1805	1805	7 licensed commercial motor vehicle operators of the
1806	1806	8 requirements of the Uniform Commercial Driver License Act,
1807	1807	9 Article V of this Chapter, and shall make provisions to insure
1808	1808	10 that all drivers, seeking to obtain a commercial driver's
1809	1809	11 license, be afforded an opportunity prior to April 1, 1992, to
1810	1810	12 obtain the license. The Secretary is authorized to extend
1811	1811	13 driver's license expiration dates, and assign specific times,
1812	1812	14 dates and locations where these commercial driver's tests
1813	1813	15 shall be conducted. Any applicant, regardless of the current
1814	1814	16 expiration date of the applicant's driver's license, may be
1815	1815	17 subject to any assignment by the Secretary. Failure to comply
1816	1816	18 with the Secretary's assignment may result in the applicant's
1817	1817	19 forfeiture of an opportunity to receive a commercial driver's
1818	1818	20 license prior to April 1, 1992.
1819	1819	21 (g) The Secretary of State shall designate on a driver's
1820	1820	22 license issued, a space where the licensee may indicate that
1821	1821	23 he or she has drafted a living will in accordance with the
1822	1822	24 Illinois Living Will Act or a durable power of attorney for
1823	1823	25 health care in accordance with the Illinois Power of Attorney
1824	1824	26 Act.
1825	1825
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1835	1835	1 (g-1) The Secretary of State, in his or her discretion,
1836	1836	2 may designate on each driver's license issued a space where
1837	1837	3 the licensee may place a sticker or decal, issued by the
1838	1838	4 Secretary of State, of uniform size as the Secretary may
1839	1839	5 specify, that shall indicate in appropriate language that the
1840	1840	6 owner of the license has renewed his or her driver's license.
1841	1841	7 (h) A person who acts in good faith in accordance with the
1842	1842	8 terms of this Section is not liable for damages in any civil
1843	1843	9 action or subject to prosecution in any criminal proceeding
1844	1844	10 for his or her act.
1845	1845	11 (Source: P.A. 97-263, eff. 8-5-11; 97-739, eff. 1-1-13;
1846	1846	12 97-847, eff. 1-1-13; 97-1127, eff. 1-1-13; 98-323, eff.
1847	1847	13 1-1-14; 98-463, eff. 8-16-13.)
1848	1848	14 Section 995. No acceleration or delay. Where this Act
1849	1849	15 makes changes in a statute that is represented in this Act by
1850	1850	16 text that is not yet or no longer in effect (for example, a
1851	1851	17 Section represented by multiple versions), the use of that
1852	1852	18 text does not accelerate or delay the taking effect of (i) the
1853	1853	19 changes made by this Act or (ii) provisions derived from any
1854	1854	20 other Public Act.
1855	1855	21 Section 999. Effective date. This Act takes effect upon
1856	1856	22 becoming law.
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