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Illinois Senate Bill SB1649

Illinois 2023-2024 Regular Session

Illinois Senate Bill SB1649 Compare Versions

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11 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB1649 Introduced 2/8/2023, by Sen. Rachel Ventura SYNOPSIS AS INTRODUCED: 15 ILCS 335/4 from Ch. 124, par. 24 15 ILCS 335/5 from Ch. 124, par. 25 Amends the Illinois Identification Card Act. Deletes a provision that requires the holder of a foreign state identification card, license, or permit to surrender that document before being issued various State identification cards. Deletes a provision that requires an applicant for a State identification card to provide the applicant's social security number on the application for the identification card. Requires each applicant for a REAL ID to provide the applicant's legal name, residence address and zip code, birth date, and sex and a brief physical description of the applicant. Deletes a provision requiring a REAL ID applicant to provide proof of lawful status in the United States. LRB103 28919 DTM 55305 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB1649 Introduced 2/8/2023, by Sen. Rachel Ventura SYNOPSIS AS INTRODUCED: 15 ILCS 335/4 from Ch. 124, par. 24 15 ILCS 335/5 from Ch. 124, par. 25 15 ILCS 335/4 from Ch. 124, par. 24 15 ILCS 335/5 from Ch. 124, par. 25 Amends the Illinois Identification Card Act. Deletes a provision that requires the holder of a foreign state identification card, license, or permit to surrender that document before being issued various State identification cards. Deletes a provision that requires an applicant for a State identification card to provide the applicant's social security number on the application for the identification card. Requires each applicant for a REAL ID to provide the applicant's legal name, residence address and zip code, birth date, and sex and a brief physical description of the applicant. Deletes a provision requiring a REAL ID applicant to provide proof of lawful status in the United States. LRB103 28919 DTM 55305 b LRB103 28919 DTM 55305 b A BILL FOR
22 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB1649 Introduced 2/8/2023, by Sen. Rachel Ventura SYNOPSIS AS INTRODUCED:
33 15 ILCS 335/4 from Ch. 124, par. 24 15 ILCS 335/5 from Ch. 124, par. 25 15 ILCS 335/4 from Ch. 124, par. 24 15 ILCS 335/5 from Ch. 124, par. 25
44 15 ILCS 335/4 from Ch. 124, par. 24
55 15 ILCS 335/5 from Ch. 124, par. 25
66 Amends the Illinois Identification Card Act. Deletes a provision that requires the holder of a foreign state identification card, license, or permit to surrender that document before being issued various State identification cards. Deletes a provision that requires an applicant for a State identification card to provide the applicant's social security number on the application for the identification card. Requires each applicant for a REAL ID to provide the applicant's legal name, residence address and zip code, birth date, and sex and a brief physical description of the applicant. Deletes a provision requiring a REAL ID applicant to provide proof of lawful status in the United States.
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1212 1 AN ACT concerning State government.
1313 2 Be it enacted by the People of the State of Illinois,
1414 3 represented in the General Assembly:
1515 4 Section 5. The Illinois Identification Card Act is amended
1616 5 by changing Sections 4 and 5 as follows:
1717 6 (15 ILCS 335/4) (from Ch. 124, par. 24)
1818 7 Sec. 4. Identification card.
1919 8 (a) The Secretary of State shall issue a standard Illinois
2020 9 Identification Card to any natural person who is a resident of
2121 10 the State of Illinois who applies for such card, or renewal
2222 11 thereof. No identification card shall be issued to any person
2323 12 who holds a valid foreign state identification card, license,
2424 13 or permit unless the person first surrenders to the Secretary
2525 14 of State the valid foreign state identification card, license,
2626 15 or permit. The card shall be prepared and supplied by the
2727 16 Secretary of State and shall include a photograph and
2828 17 signature or mark of the applicant. However, the Secretary of
2929 18 State may provide by rule for the issuance of Illinois
3030 19 Identification Cards without photographs if the applicant has
3131 20 a bona fide religious objection to being photographed or to
3232 21 the display of his or her photograph. The Illinois
3333 22 Identification Card may be used for identification purposes in
3434 23 any lawful situation only by the person to whom it was issued.
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3838 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB1649 Introduced 2/8/2023, by Sen. Rachel Ventura SYNOPSIS AS INTRODUCED:
3939 15 ILCS 335/4 from Ch. 124, par. 24 15 ILCS 335/5 from Ch. 124, par. 25 15 ILCS 335/4 from Ch. 124, par. 24 15 ILCS 335/5 from Ch. 124, par. 25
4040 15 ILCS 335/4 from Ch. 124, par. 24
4141 15 ILCS 335/5 from Ch. 124, par. 25
4242 Amends the Illinois Identification Card Act. Deletes a provision that requires the holder of a foreign state identification card, license, or permit to surrender that document before being issued various State identification cards. Deletes a provision that requires an applicant for a State identification card to provide the applicant's social security number on the application for the identification card. Requires each applicant for a REAL ID to provide the applicant's legal name, residence address and zip code, birth date, and sex and a brief physical description of the applicant. Deletes a provision requiring a REAL ID applicant to provide proof of lawful status in the United States.
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7171 1 As used in this Act, "photograph" means any color photograph
7272 2 or digitally produced and captured image of an applicant for
7373 3 an identification card. As used in this Act, "signature" means
7474 4 the name of a person as written by that person and captured in
7575 5 a manner acceptable to the Secretary of State.
7676 6 (a-5) If an applicant for an identification card has a
7777 7 current driver's license or instruction permit issued by the
7878 8 Secretary of State, the Secretary may require the applicant to
7979 9 utilize the same residence address and name on the
8080 10 identification card, driver's license, and instruction permit
8181 11 records maintained by the Secretary. The Secretary may
8282 12 promulgate rules to implement this provision.
8383 13 (a-10) If the applicant is a judicial officer as defined
8484 14 in Section 1-10 of the Judicial Privacy Act or a peace officer,
8585 15 the applicant may elect to have his or her office or work
8686 16 address listed on the card instead of the applicant's
8787 17 residence or mailing address. The Secretary may promulgate
8888 18 rules to implement this provision. For the purposes of this
8989 19 subsection (a-10), "peace officer" means any person who by
9090 20 virtue of his or her office or public employment is vested by
9191 21 law with a duty to maintain public order or to make arrests for
9292 22 a violation of any penal statute of this State, whether that
9393 23 duty extends to all violations or is limited to specific
9494 24 violations.
9595 25 (a-15) The Secretary of State may provide for an expedited
9696 26 process for the issuance of an Illinois Identification Card.
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107107 1 The Secretary shall charge an additional fee for the expedited
108108 2 issuance of an Illinois Identification Card, to be set by
109109 3 rule, not to exceed $75. All fees collected by the Secretary
110110 4 for expedited Illinois Identification Card service shall be
111111 5 deposited into the Secretary of State Special Services Fund.
112112 6 The Secretary may adopt rules regarding the eligibility,
113113 7 process, and fee for an expedited Illinois Identification
114114 8 Card. If the Secretary of State determines that the volume of
115115 9 expedited identification card requests received on a given day
116116 10 exceeds the ability of the Secretary to process those requests
117117 11 in an expedited manner, the Secretary may decline to provide
118118 12 expedited services, and the additional fee for the expedited
119119 13 service shall be refunded to the applicant.
120120 14 (a-20) The Secretary of State shall issue a standard
121121 15 Illinois Identification Card to a committed person upon
122122 16 release on parole, mandatory supervised release, aftercare
123123 17 release, final discharge, or pardon from the Department of
124124 18 Corrections or Department of Juvenile Justice, if the released
125125 19 person presents a certified copy of his or her birth
126126 20 certificate, social security card or other documents
127127 21 authorized by the Secretary, and 2 documents proving his or
128128 22 her Illinois residence address. Documents proving residence
129129 23 address may include any official document of the Department of
130130 24 Corrections or the Department of Juvenile Justice showing the
131131 25 released person's address after release and a Secretary of
132132 26 State prescribed certificate of residency form, which may be
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143143 1 executed by Department of Corrections or Department of
144144 2 Juvenile Justice personnel.
145145 3 (a-25) The Secretary of State shall issue a limited-term
146146 4 Illinois Identification Card valid for 90 days to a committed
147147 5 person upon release on parole, mandatory supervised release,
148148 6 aftercare release, final discharge, or pardon from the
149149 7 Department of Corrections or Department of Juvenile Justice,
150150 8 if the released person is unable to present a certified copy of
151151 9 his or her birth certificate and social security card or other
152152 10 documents authorized by the Secretary, but does present a
153153 11 Secretary of State prescribed verification form completed by
154154 12 the Department of Corrections or Department of Juvenile
155155 13 Justice, verifying the released person's date of birth and
156156 14 social security number and 2 documents proving his or her
157157 15 Illinois residence address. The verification form must have
158158 16 been completed no more than 30 days prior to the date of
159159 17 application for the Illinois Identification Card. Documents
160160 18 proving residence address shall include any official document
161161 19 of the Department of Corrections or the Department of Juvenile
162162 20 Justice showing the person's address after release and a
163163 21 Secretary of State prescribed certificate of residency, which
164164 22 may be executed by Department of Corrections or Department of
165165 23 Juvenile Justice personnel.
166166 24 Prior to the expiration of the 90-day period of the
167167 25 limited-term Illinois Identification Card, if the released
168168 26 person submits to the Secretary of State a certified copy of
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179179 1 his or her birth certificate and his or her social security
180180 2 card or other documents authorized by the Secretary, a
181181 3 standard Illinois Identification Card shall be issued. A
182182 4 limited-term Illinois Identification Card may not be renewed.
183183 5 (a-30) The Secretary of State shall issue a standard
184184 6 Illinois Identification Card to a person upon conditional
185185 7 release or absolute discharge from the custody of the
186186 8 Department of Human Services, if the person presents a
187187 9 certified copy of his or her birth certificate, social
188188 10 security card, or other documents authorized by the Secretary,
189189 11 and a document proving his or her Illinois residence address.
190190 12 The Secretary of State shall issue a standard Illinois
191191 13 Identification Card to a person prior to his or her
192192 14 conditional release or absolute discharge if personnel from
193193 15 the Department of Human Services bring the person to a
194194 16 Secretary of State location with the required documents.
195195 17 Documents proving residence address may include any official
196196 18 document of the Department of Human Services showing the
197197 19 person's address after release and a Secretary of State
198198 20 prescribed verification form, which may be executed by
199199 21 personnel of the Department of Human Services.
200200 22 (a-35) The Secretary of State shall issue a limited-term
201201 23 Illinois Identification Card valid for 90 days to a person
202202 24 upon conditional release or absolute discharge from the
203203 25 custody of the Department of Human Services, if the person is
204204 26 unable to present a certified copy of his or her birth
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215215 1 certificate and social security card or other documents
216216 2 authorized by the Secretary, but does present a Secretary of
217217 3 State prescribed verification form completed by the Department
218218 4 of Human Services, verifying the person's date of birth and
219219 5 social security number, and a document proving his or her
220220 6 Illinois residence address. The verification form must have
221221 7 been completed no more than 30 days prior to the date of
222222 8 application for the Illinois Identification Card. The
223223 9 Secretary of State shall issue a limited-term Illinois
224224 10 Identification Card to a person no sooner than 14 days prior to
225225 11 his or her conditional release or absolute discharge if
226226 12 personnel from the Department of Human Services bring the
227227 13 person to a Secretary of State location with the required
228228 14 documents. Documents proving residence address shall include
229229 15 any official document of the Department of Human Services
230230 16 showing the person's address after release and a Secretary of
231231 17 State prescribed verification form, which may be executed by
232232 18 personnel of the Department of Human Services.
233233 19 (b) The Secretary of State shall issue a special Illinois
234234 20 Identification Card, which shall be known as an Illinois
235235 21 Person with a Disability Identification Card, to any natural
236236 22 person who is a resident of the State of Illinois, who is a
237237 23 person with a disability as defined in Section 4A of this Act,
238238 24 who applies for such card, or renewal thereof. No Illinois
239239 25 Person with a Disability Identification Card shall be issued
240240 26 to any person who holds a valid foreign state identification
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251251 1 card, license, or permit unless the person first surrenders to
252252 2 the Secretary of State the valid foreign state identification
253253 3 card, license, or permit. The Secretary of State shall charge
254254 4 no fee to issue such card. The card shall be prepared and
255255 5 supplied by the Secretary of State, and shall include a
256256 6 photograph and signature or mark of the applicant, a
257257 7 designation indicating that the card is an Illinois Person
258258 8 with a Disability Identification Card, and shall include a
259259 9 comprehensible designation of the type and classification of
260260 10 the applicant's disability as set out in Section 4A of this
261261 11 Act. However, the Secretary of State may provide by rule for
262262 12 the issuance of Illinois Person with a Disability
263263 13 Identification Cards without photographs if the applicant has
264264 14 a bona fide religious objection to being photographed or to
265265 15 the display of his or her photograph. If the applicant so
266266 16 requests, the card shall include a description of the
267267 17 applicant's disability and any information about the
268268 18 applicant's disability or medical history which the Secretary
269269 19 determines would be helpful to the applicant in securing
270270 20 emergency medical care. If a mark is used in lieu of a
271271 21 signature, such mark shall be affixed to the card in the
272272 22 presence of two witnesses who attest to the authenticity of
273273 23 the mark. The Illinois Person with a Disability Identification
274274 24 Card may be used for identification purposes in any lawful
275275 25 situation by the person to whom it was issued.
276276 26 The Illinois Person with a Disability Identification Card
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287287 1 may be used as adequate documentation of disability in lieu of
288288 2 a physician's determination of disability, a determination of
289289 3 disability from a physician assistant, a determination of
290290 4 disability from an advanced practice registered nurse, or any
291291 5 other documentation of disability whenever any State law
292292 6 requires that a person with a disability provide such
293293 7 documentation of disability, however an Illinois Person with a
294294 8 Disability Identification Card shall not qualify the
295295 9 cardholder to participate in any program or to receive any
296296 10 benefit which is not available to all persons with like
297297 11 disabilities. Notwithstanding any other provisions of law, an
298298 12 Illinois Person with a Disability Identification Card, or
299299 13 evidence that the Secretary of State has issued an Illinois
300300 14 Person with a Disability Identification Card, shall not be
301301 15 used by any person other than the person named on such card to
302302 16 prove that the person named on such card is a person with a
303303 17 disability or for any other purpose unless the card is used for
304304 18 the benefit of the person named on such card, and the person
305305 19 named on such card consents to such use at the time the card is
306306 20 so used.
307307 21 An optometrist's determination of a visual disability
308308 22 under Section 4A of this Act is acceptable as documentation
309309 23 for the purpose of issuing an Illinois Person with a
310310 24 Disability Identification Card.
311311 25 When medical information is contained on an Illinois
312312 26 Person with a Disability Identification Card, the Office of
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323323 1 the Secretary of State shall not be liable for any actions
324324 2 taken based upon that medical information.
325325 3 (c) The Secretary of State shall provide that each
326326 4 original or renewal Illinois Identification Card or Illinois
327327 5 Person with a Disability Identification Card issued to a
328328 6 person under the age of 21 shall be of a distinct nature from
329329 7 those Illinois Identification Cards or Illinois Person with a
330330 8 Disability Identification Cards issued to individuals 21 years
331331 9 of age or older. The color designated for Illinois
332332 10 Identification Cards or Illinois Person with a Disability
333333 11 Identification Cards for persons under the age of 21 shall be
334334 12 at the discretion of the Secretary of State.
335335 13 (c-1) Each original or renewal Illinois Identification
336336 14 Card or Illinois Person with a Disability Identification Card
337337 15 issued to a person under the age of 21 shall display the date
338338 16 upon which the person becomes 18 years of age and the date upon
339339 17 which the person becomes 21 years of age.
340340 18 (c-3) The General Assembly recognizes the need to identify
341341 19 military veterans living in this State for the purpose of
342342 20 ensuring that they receive all of the services and benefits to
343343 21 which they are legally entitled, including healthcare,
344344 22 education assistance, and job placement. To assist the State
345345 23 in identifying these veterans and delivering these vital
346346 24 services and benefits, the Secretary of State is authorized to
347347 25 issue Illinois Identification Cards and Illinois Person with a
348348 26 Disability Identification Cards with the word "veteran"
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359359 1 appearing on the face of the cards. This authorization is
360360 2 predicated on the unique status of veterans. The Secretary may
361361 3 not issue any other identification card which identifies an
362362 4 occupation, status, affiliation, hobby, or other unique
363363 5 characteristics of the identification card holder which is
364364 6 unrelated to the purpose of the identification card.
365365 7 (c-5) Beginning on or before July 1, 2015, the Secretary
366366 8 of State shall designate a space on each original or renewal
367367 9 identification card where, at the request of the applicant,
368368 10 the word "veteran" shall be placed. The veteran designation
369369 11 shall be available to a person identified as a veteran under
370370 12 subsection (b) of Section 5 of this Act who was discharged or
371371 13 separated under honorable conditions.
372372 14 (d) The Secretary of State may issue a Senior Citizen
373373 15 discount card, to any natural person who is a resident of the
374374 16 State of Illinois who is 60 years of age or older and who
375375 17 applies for such a card or renewal thereof. The Secretary of
376376 18 State shall charge no fee to issue such card. The card shall be
377377 19 issued in every county and applications shall be made
378378 20 available at, but not limited to, nutrition sites, senior
379379 21 citizen centers and Area Agencies on Aging. The applicant,
380380 22 upon receipt of such card and prior to its use for any purpose,
381381 23 shall have affixed thereon in the space provided therefor his
382382 24 signature or mark.
383383 25 (e) The Secretary of State, in his or her discretion, may
384384 26 designate on each Illinois Identification Card or Illinois
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395395 1 Person with a Disability Identification Card a space where the
396396 2 card holder may place a sticker or decal, issued by the
397397 3 Secretary of State, of uniform size as the Secretary may
398398 4 specify, that shall indicate in appropriate language that the
399399 5 card holder has renewed his or her Illinois Identification
400400 6 Card or Illinois Person with a Disability Identification Card.
401401 7 (Source: P.A. 102-299, eff. 8-6-21.)
402402 8 (15 ILCS 335/5) (from Ch. 124, par. 25)
403403 9 Sec. 5. Applications.
404404 10 (a) Any natural person who is a resident of the State of
405405 11 Illinois may file an application for an identification card,
406406 12 or for the renewal thereof, in a manner prescribed by the
407407 13 Secretary. Each original application shall be completed by the
408408 14 applicant in full and shall set forth the legal name,
409409 15 residence address and zip code, social security number, birth
410410 16 date, sex and a brief description of the applicant. The
411411 17 applicant shall be photographed, unless the Secretary of State
412412 18 has provided by rule for the issuance of identification cards
413413 19 without photographs and the applicant is deemed eligible for
414414 20 an identification card without a photograph under the terms
415415 21 and conditions imposed by the Secretary of State, and he or she
416416 22 shall also submit any other information as the Secretary may
417417 23 deem necessary or such documentation as the Secretary may
418418 24 require to determine the identity of the applicant. In
419419 25 addition to the residence address, the Secretary may allow the
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430430 1 applicant to provide a mailing address. If the applicant is a
431431 2 judicial officer as defined in Section 1-10 of the Judicial
432432 3 Privacy Act or a peace officer, the applicant may elect to have
433433 4 his or her office or work address in lieu of the applicant's
434434 5 residence or mailing address. An applicant for an Illinois
435435 6 Person with a Disability Identification Card must also submit
436436 7 with each original or renewal application, on forms prescribed
437437 8 by the Secretary, such documentation as the Secretary may
438438 9 require, establishing that the applicant is a "person with a
439439 10 disability" as defined in Section 4A of this Act, and setting
440440 11 forth the applicant's type and class of disability as set
441441 12 forth in Section 4A of this Act. For the purposes of this
442442 13 subsection (a), "peace officer" means any person who by virtue
443443 14 of his or her office or public employment is vested by law with
444444 15 a duty to maintain public order or to make arrests for a
445445 16 violation of any penal statute of this State, whether that
446446 17 duty extends to all violations or is limited to specific
447447 18 violations.
448448 19 (a-5) Upon the first issuance of a request for proposals
449449 20 for a digital driver's license and identification card
450450 21 issuance and facial recognition system issued after January 1,
451451 22 2020 (the effective date of Public Act 101-513), and upon
452452 23 implementation of a new or revised system procured pursuant to
453453 24 that request for proposals, the Secretary shall permit
454454 25 applicants to choose between "male", "female", or "non-binary"
455455 26 when designating the applicant's sex on the identification
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466466 1 card application form. The sex designated by the applicant
467467 2 shall be displayed on the identification card issued to the
468468 3 applicant.
469469 4 (b) Beginning on or before July 1, 2015, for each original
470470 5 or renewal identification card application under this Act, the
471471 6 Secretary shall inquire as to whether the applicant is a
472472 7 veteran for purposes of issuing an identification card with a
473473 8 veteran designation under subsection (c-5) of Section 4 of
474474 9 this Act. The acceptable forms of proof shall include, but are
475475 10 not limited to, Department of Defense form DD-214, Department
476476 11 of Defense form DD-256 for applicants who did not receive a
477477 12 form DD-214 upon the completion of initial basic training,
478478 13 Department of Defense form DD-2 (Retired), an identification
479479 14 card issued under the federal Veterans Identification Card Act
480480 15 of 2015, or a United States Department of Veterans Affairs
481481 16 summary of benefits letter. If the document cannot be stamped,
482482 17 the Illinois Department of Veterans' Affairs shall provide a
483483 18 certificate to the veteran to provide to the Secretary of
484484 19 State. The Illinois Department of Veterans' Affairs shall
485485 20 advise the Secretary as to what other forms of proof of a
486486 21 person's status as a veteran are acceptable.
487487 22 For each applicant who is issued an identification card
488488 23 with a veteran designation, the Secretary shall provide the
489489 24 Department of Veterans' Affairs with the applicant's name,
490490 25 address, date of birth, gender, and such other demographic
491491 26 information as agreed to by the Secretary and the Department.
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502502 1 The Department may take steps necessary to confirm the
503503 2 applicant is a veteran. If after due diligence, including
504504 3 writing to the applicant at the address provided by the
505505 4 Secretary, the Department is unable to verify the applicant's
506506 5 veteran status, the Department shall inform the Secretary, who
507507 6 shall notify the applicant that he or she must confirm status
508508 7 as a veteran, or the identification card will be cancelled.
509509 8 For purposes of this subsection (b):
510510 9 "Armed forces" means any of the Armed Forces of the United
511511 10 States, including a member of any reserve component or
512512 11 National Guard unit.
513513 12 "Veteran" means a person who has served in the armed
514514 13 forces and was discharged or separated under honorable
515515 14 conditions.
516516 15 (c) Each applicant All applicants for a REAL ID compliant
517517 16 standard Illinois Identification Card or Cards and Illinois
518518 17 Person with a Disability Identification Card Cards shall
519519 18 provide the applicant's legal name, residence address and zip
520520 19 code, birth date, and sex and a brief physical description of
521521 20 the applicant. proof of lawful status in the United States as
522522 21 defined in 6 CFR 37.3, as amended. Applicants who are unable to
523523 22 provide the Secretary with proof of lawful status are
524524 23 ineligible for REAL ID compliant identification cards under
525525 24 this Act.
526526 25 (Source: P.A. 101-106, eff. 1-1-20; 101-287, eff. 8-9-19;
527527 26 101-513, eff. 1-1-20; 102-558, eff. 8-20-21.)
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533533 SB1649 - 14 - LRB103 28919 DTM 55305 b