Public Act 103-0933
SB2959 EnrolledLRB103 36523 MXP 66629 b SB2959 Enrolled LRB103 36523 MXP 66629 b
SB2959 Enrolled LRB103 36523 MXP 66629 b
AN ACT concerning transportation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Identification Card Act is amended
by changing Sections 4 and 5 as follows:
(15 ILCS 335/4)
(Text of Section before amendment by P.A. 103-210)
Sec. 4. Identification card.
(a) The Secretary of State shall issue a standard Illinois
Identification Card to any natural person who is a resident of
the State of Illinois who applies for such card, or renewal
thereof. No identification card shall be issued to any person
who holds a valid foreign state identification card, license,
or permit unless the person first surrenders to the Secretary
of State the valid foreign state identification card, license,
or permit. The card shall be prepared and supplied by the
Secretary of State and shall include a photograph and
signature or mark of the applicant. However, the Secretary of
State may provide by rule for the issuance of Illinois
Identification Cards without photographs if the applicant has
a bona fide religious objection to being photographed or to
the display of his or her photograph. The Illinois
Identification Card may be used for identification purposes in
SB2959 Enrolled LRB103 36523 MXP 66629 b
any lawful situation only by the person to whom it was issued.
As used in this Act, "photograph" means any color photograph
or digitally produced and captured image of an applicant for
an identification card. As used in this Act, "signature" means
the name of a person as written by that person and captured in
a manner acceptable to the Secretary of State.
(a-5) If an applicant for an identification card has a
current driver's license or instruction permit issued by the
Secretary of State, the Secretary may require the applicant to
utilize the same residence address and name on the
identification card, driver's license, and instruction permit
records maintained by the Secretary. The Secretary may
promulgate rules to implement this provision.
(a-10) If the applicant is a judicial officer as defined
in Section 1-10 of the Judicial Privacy Act or a peace officer,
the applicant may elect to have his or her office or work
address listed on the card instead of the applicant's
residence or mailing address. The Secretary may promulgate
rules to implement this provision. For the purposes of this
subsection (a-10), "peace officer" means any person who by
virtue of his or her office or public employment is vested by
law with a duty to maintain public order or to make arrests for
a violation of any penal statute of this State, whether that
duty extends to all violations or is limited to specific
violations.
(a-15) The Secretary of State may provide for an expedited
process for the issuance of an Illinois Identification Card.
The Secretary shall charge an additional fee for the expedited
issuance of an Illinois Identification Card, to be set by
rule, not to exceed $75. All fees collected by the Secretary
for expedited Illinois Identification Card service shall be
deposited into the Secretary of State Special Services Fund.
The Secretary may adopt rules regarding the eligibility,
process, and fee for an expedited Illinois Identification
Card. If the Secretary of State determines that the volume of
expedited identification card requests received on a given day
exceeds the ability of the Secretary to process those requests
in an expedited manner, the Secretary may decline to provide
expedited services, and the additional fee for the expedited
service shall be refunded to the applicant.
(a-20) The Secretary of State shall issue a standard
Illinois Identification Card to a person committed to the
Department of Corrections or Department of Juvenile Justice
upon receipt of the person's birth certificate, social
security card, photograph, proof of residency upon discharge,
and an identification card application transferred via a
secure method as agreed upon by the Secretary and the
Department of Corrections or Department of Juvenile Justice.
Illinois residency shall be established by submission of a
Secretary of State prescribed Identification Card verification
form completed by the respective Department.
(a-25) The Secretary of State shall issue a limited-term
Illinois Identification Card valid for 90 days to a committed
person upon release on parole, mandatory supervised release,
aftercare release, final discharge, or pardon from the
Department of Corrections or Department of Juvenile Justice,
if the released person is unable to present a certified copy of
his or her birth certificate and social security card or other
documents authorized by the Secretary, but does present a
Secretary of State prescribed Identification Card verification
form completed by the Department of Corrections or Department
of Juvenile Justice, verifying the released person's date of
birth, social security number, and his or her Illinois
residence address. The verification form must have been
completed no more than 30 days prior to the date of application
for the Illinois Identification Card.
Prior to the expiration of the 90-day period of the
limited-term Illinois Identification Card, if the released
person submits to the Secretary of State a certified copy of
his or her birth certificate and his or her social security
card or other documents authorized by the Secretary, a
standard Illinois Identification Card shall be issued. A
limited-term Illinois Identification Card may not be renewed.
(a-30) The Secretary of State shall issue a standard
Illinois Identification Card to a person upon conditional
release or absolute discharge from the custody of the
Department of Human Services, if the person presents a
certified copy of his or her birth certificate, social
security card, or other documents authorized by the Secretary,
and a document proving his or her Illinois residence address.
The Secretary of State shall issue a standard Illinois
Identification Card to a person prior to his or her
conditional release or absolute discharge if personnel from
the Department of Human Services bring the person to a
Secretary of State location with the required documents.
Documents proving residence address may include any official
document of the Department of Human Services showing the
person's address after release and a Secretary of State
prescribed verification form, which may be executed by
personnel of the Department of Human Services.
(a-35) The Secretary of State shall issue a limited-term
Illinois Identification Card valid for 90 days to a person
upon conditional release or absolute discharge from the
custody of the Department of Human Services, if the person is
unable to present a certified copy of his or her birth
certificate and social security card or other documents
authorized by the Secretary, but does present a Secretary of
State prescribed verification form completed by the Department
of Human Services, verifying the person's date of birth and
social security number, and a document proving his or her
Illinois residence address. The verification form must have
been completed no more than 30 days prior to the date of
application for the Illinois Identification Card. The
Secretary of State shall issue a limited-term Illinois
Identification Card to a person no sooner than 14 days prior to
his or her conditional release or absolute discharge if
personnel from the Department of Human Services bring the
person to a Secretary of State location with the required
documents. Documents proving residence address shall include
any official document of the Department of Human Services
showing the person's address after release and a Secretary of
State prescribed verification form, which may be executed by
personnel of the Department of Human Services.
(b) The Secretary of State shall issue a special Illinois
Identification Card, which shall be known as an Illinois
Person with a Disability Identification Card, to any natural
person who is a resident of the State of Illinois, who is a
person with a disability as defined in Section 4A of this Act,
who applies for such card, or renewal thereof. No Illinois
Person with a Disability Identification Card shall be issued
to any person who holds a valid foreign state identification
card, license, or permit unless the person first surrenders to
the Secretary of State the valid foreign state identification
card, license, or permit. The Secretary of State shall charge
no fee to issue such card. The card shall be prepared and
supplied by the Secretary of State, and shall include a
photograph and signature or mark of the applicant, a
designation indicating that the card is an Illinois Person
with a Disability Identification Card, and shall include a
comprehensible designation of the type and classification of
the applicant's disability as set out in Section 4A of this
Act. However, the Secretary of State may provide by rule for
the issuance of Illinois Person with a Disability
Identification Cards without photographs if the applicant has
a bona fide religious objection to being photographed or to
the display of his or her photograph. If the applicant so
requests, the card shall include a description of the
applicant's disability and any information about the
applicant's disability or medical history which the Secretary
determines would be helpful to the applicant in securing
emergency medical care. If a mark is used in lieu of a
signature, such mark shall be affixed to the card in the
presence of two witnesses who attest to the authenticity of
the mark. The Illinois Person with a Disability Identification
Card may be used for identification purposes in any lawful
situation by the person to whom it was issued.
The Illinois Person with a Disability Identification Card
may be used as adequate documentation of disability in lieu of
a physician's determination of disability, a determination of
disability from a physician assistant, a determination of
disability from an advanced practice registered nurse, or any
other documentation of disability whenever any State law
requires that a person with a disability provide such
documentation of disability, however an Illinois Person with a
Disability Identification Card shall not qualify the
cardholder to participate in any program or to receive any
benefit which is not available to all persons with like
disabilities. Notwithstanding any other provisions of law, an
Illinois Person with a Disability Identification Card, or
evidence that the Secretary of State has issued an Illinois
Person with a Disability Identification Card, shall not be
used by any person other than the person named on such card to
prove that the person named on such card is a person with a
disability or for any other purpose unless the card is used for
the benefit of the person named on such card, and the person
named on such card consents to such use at the time the card is
so used.
An optometrist's determination of a visual disability
under Section 4A of this Act is acceptable as documentation
for the purpose of issuing an Illinois Person with a
Disability Identification Card.
When medical information is contained on an Illinois
Person with a Disability Identification Card, the Office of
the Secretary of State shall not be liable for any actions
taken based upon that medical information.
(c) The Secretary of State shall provide that each
original or renewal Illinois Identification Card or Illinois
Person with a Disability Identification Card issued to a
person under the age of 21 shall be of a distinct nature from
those Illinois Identification Cards or Illinois Person with a
Disability Identification Cards issued to individuals 21 years
of age or older. The color designated for Illinois
Identification Cards or Illinois Person with a Disability
Identification Cards for persons under the age of 21 shall be
at the discretion of the Secretary of State.
(c-1) Each original or renewal Illinois Identification
Card or Illinois Person with a Disability Identification Card
issued to a person under the age of 21 shall display the date
upon which the person becomes 18 years of age and the date upon
which the person becomes 21 years of age.
(c-3) The General Assembly recognizes the need to identify
military veterans living in this State for the purpose of
ensuring that they receive all of the services and benefits to
which they are legally entitled, including healthcare,
education assistance, and job placement. To assist the State
in identifying these veterans and delivering these vital
services and benefits, the Secretary of State is authorized to
issue Illinois Identification Cards and Illinois Person with a
Disability Identification Cards with the word "veteran"
appearing on the face of the cards. This authorization is
predicated on the unique status of veterans. The Secretary may
not issue any other identification card which identifies an
occupation, status, affiliation, hobby, or other unique
characteristics of the identification card holder which is
unrelated to the purpose of the identification card.
(c-5) Beginning on or before July 1, 2015, the Secretary
of State shall designate a space on each original or renewal
identification card where, at the request of the applicant,
the word "veteran" shall be placed. The veteran designation
shall be available to a person identified as a veteran under
subsection (b) of Section 5 of this Act who was discharged or
separated under honorable conditions.
(d) The Secretary of State may issue a Senior Citizen
discount card, to any natural person who is a resident of the
State of Illinois who is 60 years of age or older and who
applies for such a card or renewal thereof. The Secretary of
State shall charge no fee to issue such card. The card shall be
issued in every county and applications shall be made
available at, but not limited to, nutrition sites, senior
citizen centers and Area Agencies on Aging. The applicant,
upon receipt of such card and prior to its use for any purpose,
shall have affixed thereon in the space provided therefor his
signature or mark.
(e) The Secretary of State, in his or her discretion, may
designate on each Illinois Identification Card or Illinois
Person with a Disability Identification Card a space where the
card holder may place a sticker or decal, issued by the
Secretary of State, of uniform size as the Secretary may
specify, that shall indicate in appropriate language that the
card holder has renewed his or her Illinois Identification
Card or Illinois Person with a Disability Identification Card.
(f) Upon providing required documentation, at the request
of the applicant, the identification card may reflect Gold
Star Family designation. The Secretary shall designate a space
on each original or renewal of an identification card for such
designation. This designation shall be available to a person
eligible for Gold Star license plates under subsection (f) of
Section 6-106 of the Illinois Vehicle Code.
(Source: P.A. 102-299, eff. 8-6-21; 103-345, eff. 1-1-24.)
(Text of Section after amendment by P.A. 103-210)
Sec. 4. Identification card.
(a) The Secretary of State shall issue a standard Illinois
Identification Card to any natural person who is a resident of
the State of Illinois who applies for such card, or renewal
thereof. No identification card shall be issued to any person
who holds a valid foreign state identification card, license,
or permit unless the person first surrenders to the Secretary
of State the valid foreign state identification card, license,
or permit. The card shall be prepared and supplied by the
Secretary of State and shall include a photograph and
signature or mark of the applicant. However, the Secretary of
State may provide by rule for the issuance of Illinois
Identification Cards without photographs if the applicant has
a bona fide religious objection to being photographed or to
the display of his or her photograph. The Illinois
Identification Card may be used for identification purposes in
any lawful situation only by the person to whom it was issued.
As used in this Act, "photograph" means any color photograph
or digitally produced and captured image of an applicant for
an identification card. As used in this Act, "signature" means
the name of a person as written by that person and captured in
a manner acceptable to the Secretary of State.
(a-5) If an applicant for an identification card has a
current driver's license or instruction permit issued by the
Secretary of State, the Secretary may require the applicant to
utilize the same residence address and name on the
identification card, driver's license, and instruction permit
records maintained by the Secretary. The Secretary may
promulgate rules to implement this provision.
(a-10) If the applicant is a judicial officer as defined
in Section 1-10 of the Judicial Privacy Act or a peace officer,
the applicant may elect to have his or her office or work
address listed on the card instead of the applicant's
residence or mailing address. The Secretary may promulgate
rules to implement this provision. For the purposes of this
subsection (a-10), "peace officer" means any person who by
virtue of his or her office or public employment is vested by
law with a duty to maintain public order or to make arrests for
a violation of any penal statute of this State, whether that
duty extends to all violations or is limited to specific
violations.
(a-15) The Secretary of State may provide for an expedited
process for the issuance of an Illinois Identification Card.
The Secretary shall charge an additional fee for the expedited
issuance of an Illinois Identification Card, to be set by
rule, not to exceed $75. All fees collected by the Secretary
for expedited Illinois Identification Card service shall be
deposited into the Secretary of State Special Services Fund.
The Secretary may adopt rules regarding the eligibility,
process, and fee for an expedited Illinois Identification
Card. If the Secretary of State determines that the volume of
expedited identification card requests received on a given day
exceeds the ability of the Secretary to process those requests
in an expedited manner, the Secretary may decline to provide
expedited services, and the additional fee for the expedited
service shall be refunded to the applicant.
(a-20) The Secretary of State shall issue a standard
Illinois Identification Card to a person committed to the
Department of Corrections or Department of Juvenile Justice
upon receipt of the person's birth certificate, social
security card, if the person has a social security number,
photograph, proof of residency upon discharge, and an
identification card application transferred via a secure
method as agreed upon by the Secretary and the Department of
Corrections or Department of Juvenile Justice, if the person
has a social security number,. Illinois residency shall be
established by submission of a Secretary of State prescribed
Identification Card verification form completed by the
respective Department.
(a-25) The Secretary of State shall issue a limited-term
Illinois Identification Card valid for 90 days to a committed
person upon release on parole, mandatory supervised release,
aftercare release, final discharge, or pardon from the
Department of Corrections or Department of Juvenile Justice,
if the released person is unable to present a certified copy of
his or her birth certificate and social security card, if the
person has a social security number, or other documents
authorized by the Secretary, but does present a Secretary of
State prescribed Identification Card verification form
completed by the Department of Corrections or Department of
Juvenile Justice, verifying the released person's date of
birth, social security number, if the person has a social
security number, and his or her Illinois residence address.
The verification form must have been completed no more than 30
days prior to the date of application for the Illinois
Identification Card.
Prior to the expiration of the 90-day period of the
limited-term Illinois Identification Card, if the released
person submits to the Secretary of State a certified copy of
his or her birth certificate and his or her social security
card, if the person has a social security number, or other
documents authorized by the Secretary, a standard Illinois
Identification Card shall be issued. A limited-term Illinois
Identification Card may not be renewed.
(a-30) The Secretary of State shall issue a standard
Illinois Identification Card to a person upon conditional
release or absolute discharge from the custody of the
Department of Human Services, if the person presents a
certified copy of his or her birth certificate, social
security card, if the person has a social security number, or
other documents authorized by the Secretary, and a document
proving his or her Illinois residence address. The Secretary
of State shall issue a standard Illinois Identification Card
to a person prior to his or her conditional release or absolute
discharge if personnel from the Department of Human Services
bring the person to a Secretary of State location with the
required documents. Documents proving residence address may
include any official document of the Department of Human
Services showing the person's address after release and a
Secretary of State prescribed verification form, which may be
executed by personnel of the Department of Human Services.
(a-35) The Secretary of State shall issue a limited-term
Illinois Identification Card valid for 90 days to a person
upon conditional release or absolute discharge from the
custody of the Department of Human Services, if the person is
unable to present a certified copy of his or her birth
certificate and social security card, if the person has a
social security number, or other documents authorized by the
Secretary, but does present a Secretary of State prescribed
verification form completed by the Department of Human
Services, verifying the person's date of birth and social
security number, if the person has a social security number,
and a document proving his or her Illinois residence address.
The verification form must have been completed no more than 30
days prior to the date of application for the Illinois
Identification Card. The Secretary of State shall issue a
limited-term Illinois Identification Card to a person no
sooner than 14 days prior to his or her conditional release or
absolute discharge if personnel from the Department of Human
Services bring the person to a Secretary of State location
with the required documents. Documents proving residence
address shall include any official document of the Department
of Human Services showing the person's address after release
and a Secretary of State prescribed verification form, which
may be executed by personnel of the Department of Human
Services.
(b) The Secretary of State shall issue a special Illinois
Identification Card, which shall be known as an Illinois
Person with a Disability Identification Card, to any natural
person who is a resident of the State of Illinois, who is a
person with a disability as defined in Section 4A of this Act,
who applies for such card, or renewal thereof. No Illinois
Person with a Disability Identification Card shall be issued
to any person who holds a valid foreign state identification
card, license, or permit unless the person first surrenders to
the Secretary of State the valid foreign state identification
card, license, or permit. The Secretary of State shall charge
no fee to issue such card. The card shall be prepared and
supplied by the Secretary of State, and shall include a
photograph and signature or mark of the applicant, a
designation indicating that the card is an Illinois Person
with a Disability Identification Card, and shall include a
comprehensible designation of the type and classification of
the applicant's disability as set out in Section 4A of this
Act. However, the Secretary of State may provide by rule for
the issuance of Illinois Person with a Disability
Identification Cards without photographs if the applicant has
a bona fide religious objection to being photographed or to
the display of his or her photograph. If the applicant so
requests, the card shall include a description of the
applicant's disability and any information about the
applicant's disability or medical history which the Secretary
determines would be helpful to the applicant in securing
emergency medical care. If a mark is used in lieu of a
signature, such mark shall be affixed to the card in the
presence of two witnesses who attest to the authenticity of
the mark. The Illinois Person with a Disability Identification
Card may be used for identification purposes in any lawful
situation by the person to whom it was issued.
The Illinois Person with a Disability Identification Card
may be used as adequate documentation of disability in lieu of
a physician's determination of disability, a determination of
disability from a physician assistant, a determination of
disability from an advanced practice registered nurse, or any
other documentation of disability whenever any State law
requires that a person with a disability provide such
documentation of disability, however an Illinois Person with a
Disability Identification Card shall not qualify the
cardholder to participate in any program or to receive any
benefit which is not available to all persons with like
disabilities. Notwithstanding any other provisions of law, an
Illinois Person with a Disability Identification Card, or
evidence that the Secretary of State has issued an Illinois
Person with a Disability Identification Card, shall not be
used by any person other than the person named on such card to
prove that the person named on such card is a person with a
disability or for any other purpose unless the card is used for
the benefit of the person named on such card, and the person
named on such card consents to such use at the time the card is
so used.
An optometrist's determination of a visual disability
under Section 4A of this Act is acceptable as documentation
for the purpose of issuing an Illinois Person with a
Disability Identification Card.
When medical information is contained on an Illinois
Person with a Disability Identification Card, the Office of
the Secretary of State shall not be liable for any actions
taken based upon that medical information.
(c) The Secretary of State shall provide that each
original or renewal Illinois Identification Card or Illinois
Person with a Disability Identification Card issued to a
person under the age of 21 shall be of a distinct nature from
those Illinois Identification Cards or Illinois Person with a
Disability Identification Cards issued to individuals 21 years
of age or older. The color designated for Illinois
Identification Cards or Illinois Person with a Disability
Identification Cards for persons under the age of 21 shall be
at the discretion of the Secretary of State.
(c-1) Each original or renewal Illinois Identification
Card or Illinois Person with a Disability Identification Card
issued to a person under the age of 21 shall display the date
upon which the person becomes 18 years of age and the date upon
which the person becomes 21 years of age.
(c-3) The General Assembly recognizes the need to identify
military veterans living in this State for the purpose of
ensuring that they receive all of the services and benefits to
which they are legally entitled, including healthcare,
education assistance, and job placement. To assist the State
in identifying these veterans and delivering these vital
services and benefits, the Secretary of State is authorized to
issue Illinois Identification Cards and Illinois Person with a
Disability Identification Cards with the word "veteran"
appearing on the face of the cards. This authorization is
predicated on the unique status of veterans. The Secretary may
not issue any other identification card which identifies an
occupation, status, affiliation, hobby, or other unique
characteristics of the identification card holder which is
unrelated to the purpose of the identification card.
(c-5) Beginning on or before July 1, 2015, the Secretary
of State shall designate a space on each original or renewal
identification card where, at the request of the applicant,
the word "veteran" shall be placed. The veteran designation
shall be available to a person identified as a veteran under
subsection (b) of Section 5 of this Act who was discharged or
separated under honorable conditions.
(d) The Secretary of State may issue a Senior Citizen
discount card, to any natural person who is a resident of the
State of Illinois who is 60 years of age or older and who
applies for such a card or renewal thereof. The Secretary of
State shall charge no fee to issue such card. The card shall be
issued in every county and applications shall be made
available at, but not limited to, nutrition sites, senior
citizen centers and Area Agencies on Aging. The applicant,
upon receipt of such card and prior to its use for any purpose,
shall have affixed thereon in the space provided therefor his
signature or mark.
(e) The Secretary of State, in his or her discretion, may
designate on each Illinois Identification Card or Illinois
Person with a Disability Identification Card a space where the
card holder may place a sticker or decal, issued by the
Secretary of State, of uniform size as the Secretary may
specify, that shall indicate in appropriate language that the
card holder has renewed his or her Illinois Identification
Card or Illinois Person with a Disability Identification Card.
(f) Upon providing required documentation, at the request
of the applicant, the identification card may reflect Gold
Star Family designation. The Secretary shall designate a space
on each original or renewal of an identification card for such
designation. This designation shall be available to a person
eligible for Gold Star license plates under subsection (f) of
Section 6-106 of the Illinois Vehicle Code.
(Source: P.A. 102-299, eff. 8-6-21; 103-210, eff. 7-1-24;
103-345, eff. 1-1-24; revised 12-12-23.)
(15 ILCS 335/5) (from Ch. 124, par. 25)
(Text of Section before amendment by P.A. 103-210)
Sec. 5. Applications.
(a) Any natural person who is a resident of the State of
Illinois may file an application for an identification card,
or for the renewal thereof, in a manner prescribed by the
Secretary. Each original application shall be completed by the
applicant in full and shall set forth the legal name,
residence address and zip code, social security number, birth
date, sex and a brief description of the applicant. The
applicant shall be photographed, unless the Secretary of State
has provided by rule for the issuance of identification cards
without photographs and the applicant is deemed eligible for
an identification card without a photograph under the terms
and conditions imposed by the Secretary of State, and he or she
shall also submit any other information as the Secretary may
deem necessary or such documentation as the Secretary may
require to determine the identity of the applicant. In
addition to the residence address, the Secretary may allow the
applicant to provide a mailing address. If the applicant is a
judicial officer as defined in Section 1-10 of the Judicial
Privacy Act or a peace officer, the applicant may elect to have
his or her office or work address in lieu of the applicant's
residence or mailing address. An applicant for an Illinois
Person with a Disability Identification Card must also submit
with each original or renewal application, on forms prescribed
by the Secretary, such documentation as the Secretary may
require, establishing that the applicant is a "person with a
disability" as defined in Section 4A of this Act, and setting
forth the applicant's type and class of disability as set
forth in Section 4A of this Act. For the purposes of this
subsection (a), "peace officer" means any person who by virtue
of his or her office or public employment is vested by law with
a duty to maintain public order or to make arrests for a
violation of any penal statute of this State, whether that
duty extends to all violations or is limited to specific
violations.
(a-5) Upon the first issuance of a request for proposals
for a digital driver's license and identification card
issuance and facial recognition system issued after January 1,
2020 (the effective date of Public Act 101-513), and upon
implementation of a new or revised system procured pursuant to
that request for proposals, the Secretary shall permit
applicants to choose between "male", "female", or "non-binary"
when designating the applicant's sex on the identification
card application form. The sex designated by the applicant
shall be displayed on the identification card issued to the
applicant.
(b) Beginning on or before July 1, 2015, for each original
or renewal identification card application under this Act, the
Secretary shall inquire as to whether the applicant is a
veteran for purposes of issuing an identification card with a
veteran designation under subsection (c-5) of Section 4 of
this Act. The acceptable forms of proof shall include, but are
not limited to, Department of Defense form DD-214, Department
of Defense form DD-256 for applicants who did not receive a
form DD-214 upon the completion of initial basic training,
Department of Defense form DD-2 (Retired), an identification
card issued under the federal Veterans Identification Card Act
of 2015, or a United States Department of Veterans Affairs
summary of benefits letter. If the document cannot be stamped,
the Illinois Department of Veterans' Affairs shall provide a
certificate to the veteran to provide to the Secretary of
State. The Illinois Department of Veterans' Affairs shall
advise the Secretary as to what other forms of proof of a
person's status as a veteran are acceptable.
For each applicant who is issued an identification card
with a veteran designation, the Secretary shall provide the
Department of Veterans' Affairs with the applicant's name,
address, date of birth, gender, and such other demographic
information as agreed to by the Secretary and the Department.
The Department may take steps necessary to confirm the
applicant is a veteran. If after due diligence, including
writing to the applicant at the address provided by the
Secretary, the Department is unable to verify the applicant's
veteran status, the Department shall inform the Secretary, who
shall notify the applicant that he or she must confirm status
as a veteran, or the identification card will be cancelled.
For purposes of this subsection (b):
"Armed forces" means any of the Armed Forces of the United
States, including a member of any reserve component or
National Guard unit.
"Veteran" means a person who has served in the armed
forces and was discharged or separated under honorable
conditions.
(b-1) An applicant who is eligible for Gold Star license
plates under Section 3-664 of the Illinois Vehicle Code may
apply for an identification card with space for a designation
as a Gold Star Family. The Secretary may waive any fee for this
application. If the Secretary does not waive the fee, any fee
charged to the applicant must be deposited into the Illinois
Veterans Assistance Fund. The Secretary is authorized to issue
rules to implement this subsection.
(c) All applicants for REAL ID compliant standard Illinois
Identification Cards and Illinois Person with a Disability
Identification Cards shall provide proof of lawful status in
the United States as defined in 6 CFR 37.3, as amended.
Applicants who are unable to provide the Secretary with proof
of lawful status are ineligible for REAL ID compliant
identification cards under this Act.
(Source: P.A. 101-106, eff. 1-1-20; 101-287, eff. 8-9-19;
101-513, eff. 1-1-20; 102-558, eff. 8-20-21.)
(Text of Section after amendment by P.A. 103-210)
Sec. 5. Applications.
(a) Any natural person who is a resident of the State of
Illinois may file an application for an identification card,
or for the renewal thereof, in a manner prescribed by the
Secretary. Each original application shall be completed by the
applicant in full and shall set forth the legal name,
residence address and zip code, social security number, if the
person has a social security number, birth date, sex and a
brief description of the applicant. The applicant shall be
photographed, unless the Secretary of State has provided by
rule for the issuance of identification cards without
photographs and the applicant is deemed eligible for an
identification card without a photograph under the terms and
conditions imposed by the Secretary of State, and he or she
shall also submit any other information as the Secretary may
deem necessary or such documentation as the Secretary may
require to determine the identity of the applicant. In
addition to the residence address, the Secretary may allow the
applicant to provide a mailing address. If the applicant is a
judicial officer as defined in Section 1-10 of the Judicial
Privacy Act or a peace officer, the applicant may elect to have
his or her office or work address in lieu of the applicant's
residence or mailing address. An applicant for an Illinois
Person with a Disability Identification Card must also submit
with each original or renewal application, on forms prescribed
by the Secretary, such documentation as the Secretary may
require, establishing that the applicant is a "person with a
disability" as defined in Section 4A of this Act, and setting
forth the applicant's type and class of disability as set
forth in Section 4A of this Act. For the purposes of this
subsection (a), "peace officer" means any person who by virtue
of his or her office or public employment is vested by law with
a duty to maintain public order or to make arrests for a
violation of any penal statute of this State, whether that
duty extends to all violations or is limited to specific
violations.
(a-5) Upon the first issuance of a request for proposals
for a digital driver's license and identification card
issuance and facial recognition system issued after January 1,
2020 (the effective date of Public Act 101-513), and upon
implementation of a new or revised system procured pursuant to
that request for proposals, the Secretary shall permit
applicants to choose between "male", "female", or "non-binary"
when designating the applicant's sex on the identification
card application form. The sex designated by the applicant
shall be displayed on the identification card issued to the
applicant.
(b) Beginning on or before July 1, 2015, for each original
or renewal identification card application under this Act, the
Secretary shall inquire as to whether the applicant is a
veteran for purposes of issuing an identification card with a
veteran designation under subsection (c-5) of Section 4 of
this Act. The acceptable forms of proof shall include, but are
not limited to, Department of Defense form DD-214, Department
of Defense form DD-256 for applicants who did not receive a
form DD-214 upon the completion of initial basic training,
Department of Defense form DD-2 (Retired), an identification
card issued under the federal Veterans Identification Card Act
of 2015, or a United States Department of Veterans Affairs
summary of benefits letter. If the document cannot be stamped,
the Illinois Department of Veterans' Affairs shall provide a
certificate to the veteran to provide to the Secretary of
State. The Illinois Department of Veterans' Affairs shall
advise the Secretary as to what other forms of proof of a
person's status as a veteran are acceptable.
For each applicant who is issued an identification card
with a veteran designation, the Secretary shall provide the
Department of Veterans' Affairs with the applicant's name,
address, date of birth, gender, and such other demographic
information as agreed to by the Secretary and the Department.
The Department may take steps necessary to confirm the
applicant is a veteran. If after due diligence, including
writing to the applicant at the address provided by the
Secretary, the Department is unable to verify the applicant's
veteran status, the Department shall inform the Secretary, who
shall notify the applicant that he or she must confirm status
as a veteran, or the identification card will be cancelled.
For purposes of this subsection (b):
"Armed forces" means any of the Armed Forces of the United
States, including a member of any reserve component or
National Guard unit.
"Veteran" means a person who has served in the armed
forces and was discharged or separated under honorable
conditions.
(b-1) An applicant who is eligible for Gold Star license
plates under Section 3-664 of the Illinois Vehicle Code may
apply for an identification card with space for a designation
as a Gold Star Family. The Secretary may waive any fee for this
application. If the Secretary does not waive the fee, any fee
charged to the applicant must be deposited into the Illinois
Veterans Assistance Fund. The Secretary is authorized to issue
rules to implement this subsection.
(c) All applicants for REAL ID compliant standard Illinois
Identification Cards and Illinois Person with a Disability
Identification Cards shall provide proof of lawful status in
the United States as defined in 6 CFR 37.3, as amended.
Applicants who are unable to provide the Secretary with proof
of lawful status are ineligible for REAL ID compliant
identification cards under this Act.
(d) The Secretary of State may accept, as proof of date of
birth and written signature for any applicant for a standard
identification card who does not have a social security number
or documentation issued by the United States Department of
Homeland Security authorizing the applicant's presence in this
country, any passport validly issued to the applicant from the
applicant's country of citizenship or a consular
identification document validly issued to the applicant by a
consulate of that country as defined in Section 5 of the
Consular Identification Document Act. Any such documents must
be either unexpired or presented by an applicant within 2
years of its expiration date.
(Source: P.A. 102-558, eff. 8-20-21; 103-210, eff. 7-1-24.)
Section 10. The Abraham Lincoln Presidential Library and
Museum Act is amended by changing Section 25 as follows:
(20 ILCS 3475/25)
Sec. 25. Powers and duties of the Board. The Board shall:
(a) Set policies and establish programs for implementation
in support of the mission and goals of the Agency.
(b) Create and execute such seminars, symposia, or other
conferences as may be necessary or advisable to the Agency.
(c) Report annually to the Governor and the General
Assembly on the status of the Agency and its programs.
(d) Accept, hold, maintain, and administer, as trustee,
property given in trust for education or historic purposes for
the benefit of the people of the State of Illinois and dispose
of any property under the terms of the instrument creating the
trust.
(e) Accept, hold, maintain, and administer donated
property of historical significance, such as books, papers,
records, and personal property of any kind, including
electronic and digital property, pursuant to gifting
instruments, agreements, or deeds of gift, including but not
limited to the King Hostick Public Trust Fund, and enter into
such agreements as may be necessary to carry out the Board's
duties and responsibilities under this Section.
(f) Lease concessions at the Library and Museum. All
leases, for whatever period, shall be made subject to the
written approval of the Governor's Office of Management and
Budget. All concession leases extending for a period in excess
of 10 years shall contain provisions for the Agency to
participate, on a percentage basis, in the revenues generated
by any concession operation.
(g) Enforce the laws of the State and the rules of the
Agency.
(h) Cooperate with private organizations and agencies of
the State of Illinois by providing areas and the use of staff
personnel where feasible for the sale of publications on the
historic and cultural heritage of the State and craft items
made by Illinois craftsmen. These sales shall not conflict
with existing concession agreements. The Board is authorized
to negotiate and approve agreements with the organizations and
agencies for a portion of the moneys received from sales to be
returned to the Agency for the furtherance of interpretative
and restoration programs.
(i) Accept offers of gifts, gratuities, or grants from the
federal government, its agencies, or offices, or from any
person, firm, or corporation.
(j) Subject to the provisions of the Illinois
Administrative Procedure Act, make reasonable rules as may be
necessary to discharge the duties of the Agency.
(k) Charge and collect admission fees and rental for
access to and use of the facilities of the Library and Museum;
however, an Illinois resident who shows a driver's license or
Illinois Identification Card containing a designation that the
resident is a Gold Star Family member shall not be charged an
admission fee for entry to the Museum during its normal hours
of operation.
(l) Operate a restaurant, cafe, or other food serving
facility at the Museum or lease the operation of such a
facility under reasonable terms and conditions, and provide
vending services for food, beverages, or other products deemed
necessary and proper, consistent with the purposes of the
Library and Museum.
(m) Engage in marketing activities designed to promote the
Library and Museum. In undertaking these activities, the Board
may take all necessary steps with respect to products and
services, including, but not limited to, retail sales,
wholesale sales, direct marketing, mail order sales, telephone
sales, advertising and promotion, purchase of product and
materials inventory, design and printing and manufacturing of
new products, reproductions, and adaptations, copyright and
trademark licensing and royalty agreements, and payment of
applicable taxes. In addition, the Board shall have the
authority to sell advertising in its publications and printed
materials.
(Source: P.A. 100-120, eff. 8-18-17.)
Section 15. The State Finance Act is amended by adding
Section 5.1015 as follows:
(30 ILCS 105/5.1015 new)
Sec. 5.1015. The Sons of the American Legion Fund.
Section 20. The Park District Aquarium and Museum Act is
amended by changing Section 1 as follows:
(70 ILCS 1290/1) (from Ch. 105, par. 326)
Sec. 1. Erect, operate, and maintain aquariums and
museums. The corporate authorities of cities and park
districts having control or supervision over any public park
or parks, including parks located on formerly submerged land,
are hereby authorized to purchase, erect, and maintain within
any such public park or parks edifices to be used as aquariums
or as museums of art, industry, science, or natural or other
history, including presidential libraries, centers, and
museums, such aquariums and museums consisting of all
facilities for their collections, exhibitions, programming,
and associated initiatives, or to permit the directors or
trustees of any corporation or society organized for the
construction or maintenance and operation of an aquarium or
museum as hereinabove described to erect, enlarge, ornament,
build, rebuild, rehabilitate, improve, maintain, and operate
its aquarium or museum within any public park now or hereafter
under the control or supervision of any city or park district,
and to contract with any such directors or trustees of any such
aquarium or museum relative to the erection, enlargement,
ornamentation, building, rebuilding, rehabilitation,
improvement, maintenance, ownership, and operation of such
aquarium or museum. Notwithstanding the previous sentence, a
city or park district may enter into a lease for an initial
term not to exceed 99 years, subject to renewal, allowing a
corporation or society as hereinabove described to erect,
enlarge, ornament, build, rebuild, rehabilitate, improve,
maintain, and operate its aquarium or museum, together with
grounds immediately adjacent to such aquarium or museum, and
to use, possess, and occupy grounds surrounding such aquarium
or museum as hereinabove described for the purpose of
beautifying and maintaining such grounds in a manner
consistent with the aquarium or museum's purpose, and on the
conditions that (1) the public is allowed access to such
grounds in a manner consistent with its access to other public
parks, and (2) the city or park district retains a
reversionary interest in any improvements made by the
corporation or society on the grounds, including the aquarium
or museum itself, that matures upon the expiration or lawful
termination of the lease. It is hereby reaffirmed and found
that the aquariums and museums as described in this Section,
and their collections, exhibitions, programming, and
associated initiatives, serve valuable public purposes,
including, but not limited to, furthering human knowledge and
understanding, educating and inspiring the public, and
expanding recreational and cultural resources and
opportunities. Any city or park district may charge, or permit
such an aquarium or museum to charge, an admission fee. Any
such aquarium or museum, however, shall be open without
charge, when accompanied by a teacher, to the children in
actual attendance upon grades kindergarten through twelve in
any of the schools in this State at all times. In addition,
except as otherwise provided in this Section, any such
aquarium or museum must be open to persons who reside in this
State without charge for a period equivalent to 52 days, at
least 6 of which must be during the period from June through
August, each year. Beginning on the effective date of this
amendatory Act of the 101st General Assembly through June 30,
2022, any such aquarium or museum must be open to persons who
reside in this State without charge for a period equivalent to
52 days, at least 6 of which must be during the period from
June through August, 2021. Any such museum shall be open
without charge throughout the year to an Illinois resident who
shows a driver's license or Illinois Identification Card
containing a designation that the resident is a Gold Star
Family member. Notwithstanding said provisions, charges may be
made at any time for special services and for admission to
special facilities within any aquarium or museum for the
education, entertainment, or convenience of visitors. The
proceeds of such admission fees and charges for special
services and special facilities shall be devoted exclusively
to the purposes for which the tax authorized by Section 2
hereof may be used. If any owner or owners of any lands or lots
abutting or fronting on any such public park, or adjacent
thereto, have any private right, easement, interest or
property in such public park appurtenant to their lands or
lots or otherwise, which would be interfered with by the
erection and maintenance of any aquarium or museum as
hereinbefore provided, or any right to have such public park
remain open or vacant and free from buildings, the corporate
authorities of the city or park district having control of
such park, may condemn the same in the manner prescribed for
the exercise of the right of eminent domain under the Eminent
Domain Act. The changes made to this Section by this
amendatory Act of the 99th General Assembly are declaratory of
existing law and shall not be construed as a new enactment.
(Source: P.A. 101-640, eff. 6-12-20.)
Section 25. The Illinois Vehicle Code is amended by
changing Sections 3-699.14, 6-106, and 6-110 as follows:
(625 ILCS 5/3-699.14)
Sec. 3-699.14. Universal special license plates.
(a) In addition to any other special license plate, the
Secretary, upon receipt of all applicable fees and
applications made in the form prescribed by the Secretary, may
issue Universal special license plates to residents of
Illinois on behalf of organizations that have been authorized
by the General Assembly to issue decals for Universal special
license plates. Appropriate documentation, as determined by
the Secretary, shall accompany each application. Authorized
organizations shall be designated by amendment to this
Section. When applying for a Universal special license plate
the applicant shall inform the Secretary of the name of the
authorized organization from which the applicant will obtain a
decal to place on the plate. The Secretary shall make a record
of that organization and that organization shall remain
affiliated with that plate until the plate is surrendered,
revoked, or otherwise cancelled. The authorized organization
may charge a fee to offset the cost of producing and
distributing the decal, but that fee shall be retained by the
authorized organization and shall be separate and distinct
from any registration fees charged by the Secretary. No decal,
sticker, or other material may be affixed to a Universal
special license plate other than a decal authorized by the
General Assembly in this Section or a registration renewal
sticker. The special plates issued under this Section shall be
affixed only to passenger vehicles of the first division,
including motorcycles and autocycles, or motor vehicles of the
second division weighing not more than 8,000 pounds. Plates
issued under this Section shall expire according to the
multi-year procedure under Section 3-414.1 of this Code.
(b) The design, color, and format of the Universal special
license plate shall be wholly within the discretion of the
Secretary. Universal special license plates are not required
to designate "Land of Lincoln", as prescribed in subsection
(b) of Section 3-412 of this Code. The design shall allow for
the application of a decal to the plate. Organizations
authorized by the General Assembly to issue decals for
Universal special license plates shall comply with rules
adopted by the Secretary governing the requirements for and
approval of Universal special license plate decals. The
Secretary may, in his or her discretion, allow Universal
special license plates to be issued as vanity or personalized
plates in accordance with Section 3-405.1 of this Code. The
Secretary of State must make a version of the special
registration plates authorized under this Section in a form
appropriate for motorcycles and autocycles.
(c) When authorizing a Universal special license plate,
the General Assembly shall set forth whether an additional fee
is to be charged for the plate and, if a fee is to be charged,
the amount of the fee and how the fee is to be distributed.
When necessary, the authorizing language shall create a
special fund in the State treasury into which fees may be
deposited for an authorized Universal special license plate.
Additional fees may only be charged if the fee is to be paid
over to a State agency or to a charitable entity that is in
compliance with the registration and reporting requirements of
the Charitable Trust Act and the Solicitation for Charity Act.
Any charitable entity receiving fees for the sale of Universal
special license plates shall annually provide the Secretary of
State a letter of compliance issued by the Attorney General
verifying that the entity is in compliance with the Charitable
Trust Act and the Solicitation for Charity Act.
(d) Upon original issuance and for each registration
renewal period, in addition to the appropriate registration
fee, if applicable, the Secretary shall collect any additional
fees, if required, for issuance of Universal special license
plates. The fees shall be collected on behalf of the
organization designated by the applicant when applying for the
plate. All fees collected shall be transferred to the State
agency on whose behalf the fees were collected, or paid into
the special fund designated in the law authorizing the
organization to issue decals for Universal special license
plates. All money in the designated fund shall be distributed
by the Secretary subject to appropriation by the General
Assembly.
(e) The following organizations may issue decals for
Universal special license plates with the original and renewal
fees and fee distribution as follows:
(1) The Illinois Department of Natural Resources.
(A) Original issuance: $25; with $10 to the
Roadside Monarch Habitat Fund and $15 to the Secretary
of State Special License Plate Fund.
(B) Renewal: $25; with $23 to the Roadside Monarch
Habitat Fund and $2 to the Secretary of State Special
License Plate Fund.
(2) Illinois Veterans' Homes.
(A) Original issuance: $26, which shall be
deposited into the Illinois Veterans' Homes Fund.
(B) Renewal: $26, which shall be deposited into
the Illinois Veterans' Homes Fund.
(3) The Illinois Department of Human Services for
volunteerism decals.
(A) Original issuance: $25, which shall be
deposited into the Secretary of State Special License
Plate Fund.
(B) Renewal: $25, which shall be deposited into
the Secretary of State Special License Plate Fund.
(4) The Illinois Department of Public Health.
(A) Original issuance: $25; with $10 to the
Prostate Cancer Awareness Fund and $15 to the
Secretary of State Special License Plate Fund.
(B) Renewal: $25; with $23 to the Prostate Cancer
Awareness Fund and $2 to the Secretary of State
Special License Plate Fund.
(5) Horsemen's Council of Illinois.
(A) Original issuance: $25; with $10 to the
Horsemen's Council of Illinois Fund and $15 to the
Secretary of State Special License Plate Fund.
(B) Renewal: $25; with $23 to the Horsemen's
Council of Illinois Fund and $2 to the Secretary of
State Special License Plate Fund.
(6) K9s for Veterans, NFP.
(A) Original issuance: $25; with $10 to the
Post-Traumatic Stress Disorder Awareness Fund and $15
to the Secretary of State Special License Plate Fund.
(B) Renewal: $25; with $23 to the Post-Traumatic
Stress Disorder Awareness Fund and $2 to the Secretary
of State Special License Plate Fund.
(7) The International Association of Machinists and
Aerospace Workers.
(A) Original issuance: $35; with $20 to the Guide
Dogs of America Fund and $15 to the Secretary of State
Special License Plate Fund.
(B) Renewal: $25; with $23 going to the Guide Dogs
of America Fund and $2 to the Secretary of State
Special License Plate Fund.
(8) Local Lodge 701 of the International Association
of Machinists and Aerospace Workers.
(A) Original issuance: $35; with $10 to the Guide
Dogs of America Fund, $10 to the Mechanics Training
Fund, and $15 to the Secretary of State Special
License Plate Fund.
(B) Renewal: $30; with $13 to the Guide Dogs of
America Fund, $15 to the Mechanics Training Fund, and
$2 to the Secretary of State Special License Plate
Fund.
(9) Illinois Department of Human Services.
(A) Original issuance: $25; with $10 to the
Theresa Tracy Trot - Illinois CancerCare Foundation
Fund and $15 to the Secretary of State Special License
Plate Fund.
(B) Renewal: $25; with $23 to the Theresa Tracy
Trot - Illinois CancerCare Foundation Fund and $2 to
the Secretary of State Special License Plate Fund.
(10) The Illinois Department of Human Services for
developmental disabilities awareness decals.
(A) Original issuance: $25; with $10 to the
Developmental Disabilities Awareness Fund and $15 to
the Secretary of State Special License Plate Fund.
(B) Renewal: $25; with $23 to the Developmental
Disabilities Awareness Fund and $2 to the Secretary of
State Special License Plate Fund.
(11) The Illinois Department of Human Services for
pediatric cancer awareness decals.
(A) Original issuance: $25; with $10 to the
Pediatric Cancer Awareness Fund and $15 to the
Secretary of State Special License Plate Fund.
(B) Renewal: $25; with $23 to the Pediatric Cancer
Awareness Fund and $2 to the Secretary of State
Special License Plate Fund.
(12) The Department of Veterans' Affairs for Fold of
Honor decals.
(A) Original issuance: $25; with $10 to the Folds
of Honor Foundation Fund and $15 to the Secretary of
State Special License Plate Fund.
(B) Renewal: $25; with $23 to the Folds of Honor
Foundation Fund and $2 to the Secretary of State
Special License Plate Fund.
(13) The Illinois chapters of the Experimental
Aircraft Association for aviation enthusiast decals.
(A) Original issuance: $25; with $10 to the
Experimental Aircraft Association Fund and $15 to the
Secretary of State Special License Plate Fund.
(B) Renewal: $25; with $23 to the Experimental
Aircraft Association Fund and $2 to the Secretary of
State Special License Plate Fund.
(14) The Illinois Department of Human Services for
Child Abuse Council of the Quad Cities decals.
(A) Original issuance: $25; with $10 to the Child
Abuse Council of the Quad Cities Fund and $15 to the
Secretary of State Special License Plate Fund.
(B) Renewal: $25; with $23 to the Child Abuse
Council of the Quad Cities Fund and $2 to the Secretary
of State Special License Plate Fund.
(15) The Illinois Department of Public Health for
health care worker decals.
(A) Original issuance: $25; with $10 to the
Illinois Health Care Workers Benefit Fund, and $15 to
the Secretary of State Special License Plate Fund.
(B) Renewal: $25; with $23 to the Illinois Health
Care Workers Benefit Fund and $2 to the Secretary of
State Special License Plate Fund.
(16) The Department of Agriculture for Future Farmers
of America decals.
(A) Original issuance: $25; with $10 to the Future
Farmers of America Fund and $15 to the Secretary of
State Special License Plate Fund.
(B) Renewal: $25; with $23 to the Future Farmers
of America Fund and $2 to the Secretary of State
Special License Plate Fund.
(17) The Illinois Department of Public Health for
autism awareness decals that are designed with input from
autism advocacy organizations.
(A) Original issuance: $25; with $10 to the Autism
Awareness Fund and $15 to the Secretary of State
Special License Plate Fund.
(B) Renewal: $25; with $23 to the Autism Awareness
Fund and $2 to the Secretary of State Special License
Plate Fund.
(18) (17) The Department of Natural Resources for Lyme
disease research decals.
(A) Original issuance: $25; with $10 to the Tick
Research, Education, and Evaluation Fund and $15 to
the Secretary of State Special License Plate Fund.
(B) Renewal: $25; with $23 to the Tick Research,
Education, and Evaluation Fund and $2 to the Secretary
of State Special License Plate Fund.
(19) (17) The IBEW Thank a Line Worker decal.
(A) Original issuance: $15, which shall be
deposited into the Secretary of State Special License
Plate Fund.
(B) Renewal: $2, which shall be deposited into the
Secretary of State Special License Plate Fund.
(20) The Sons of the American Legion decal.
(A) Original issuance: $25; with $10 to the Sons
of the American Legion Fund and $15 to the Secretary of
State Special License Plate Fund.
(B) Renewal: $25; with $23 to the Sons of the
American Legion Fund and $2 to the Secretary of State
Special License Plate Fund.
(f) The following funds are created as special funds in
the State treasury:
(1) The Roadside Monarch Habitat Fund. All money in
the Roadside Monarch Habitat Fund shall be paid as grants
to the Illinois Department of Natural Resources to fund
roadside monarch and other pollinator habitat development,
enhancement, and restoration projects in this State.
(2) The Prostate Cancer Awareness Fund. All money in
the Prostate Cancer Awareness Fund shall be paid as grants
to the Prostate Cancer Foundation of Chicago.
(3) The Horsemen's Council of Illinois Fund. All money
in the Horsemen's Council of Illinois Fund shall be paid
as grants to the Horsemen's Council of Illinois.
(4) The Post-Traumatic Stress Disorder Awareness Fund.
All money in the Post-Traumatic Stress Disorder Awareness
Fund shall be paid as grants to K9s for Veterans, NFP for
support, education, and awareness of veterans with
post-traumatic stress disorder.
(5) The Guide Dogs of America Fund. All money in the
Guide Dogs of America Fund shall be paid as grants to the
International Guiding Eyes, Inc., doing business as Guide
Dogs of America.
(6) The Mechanics Training Fund. All money in the
Mechanics Training Fund shall be paid as grants to the
Mechanics Local 701 Training Fund.
(7) The Theresa Tracy Trot - Illinois CancerCare
Foundation Fund. All money in the Theresa Tracy Trot -
Illinois CancerCare Foundation Fund shall be paid to the
Illinois CancerCare Foundation for the purpose of
furthering pancreatic cancer research.
(8) The Developmental Disabilities Awareness Fund. All
money in the Developmental Disabilities Awareness Fund
shall be paid as grants to the Illinois Department of
Human Services to fund legal aid groups to assist with
guardianship fees for private citizens willing to become
guardians for individuals with developmental disabilities
but who are unable to pay the legal fees associated with
becoming a guardian.
(9) The Pediatric Cancer Awareness Fund. All money in
the Pediatric Cancer Awareness Fund shall be paid as
grants to the Cancer Center at Illinois for pediatric
cancer treatment and research.
(10) The Folds of Honor Foundation Fund. All money in
the Folds of Honor Foundation Fund shall be paid as grants
to the Folds of Honor Foundation to aid in providing
educational scholarships to military families.
(11) The Experimental Aircraft Association Fund. All
money in the Experimental Aircraft Association Fund shall
be paid, subject to appropriation by the General Assembly
and distribution by the Secretary, as grants to promote
recreational aviation.
(12) The Child Abuse Council of the Quad Cities Fund.
All money in the Child Abuse Council of the Quad Cities
Fund shall be paid as grants to benefit the Child Abuse
Council of the Quad Cities.
(13) The Illinois Health Care Workers Benefit Fund.
All money in the Illinois Health Care Workers Benefit Fund
shall be paid as grants to the Trinity Health Foundation
for the benefit of health care workers, doctors, nurses,
and others who work in the health care industry in this
State.
(14) The Future Farmers of America Fund. All money in
the Future Farmers of America Fund shall be paid as grants
to the Illinois Association of Future Farmers of America.
(15) The Tick Research, Education, and Evaluation
Fund. All money in the Tick Research, Education, and
Evaluation Fund shall be paid as grants to the Illinois
Lyme Association.
(16) The Sons of the American Legion Fund. All money
in the Sons of the American Legion Fund shall be paid as
grants to the Illinois Detachment of the Sons of the
American Legion.
(Source: P.A. 102-383, eff. 1-1-22; 102-422, eff. 8-20-21;
102-423, eff. 8-20-21; 102-515, eff. 1-1-22; 102-558, eff.
8-20-21; 102-809, eff. 1-1-23; 102-813, eff. 5-13-22; 103-112,
eff. 1-1-24; 103-163, eff. 1-1-24; 103-349, eff. 1-1-24;
revised 12-15-23.)
(625 ILCS 5/6-106) (from Ch. 95 1/2, par. 6-106)
(Text of Section before amendment by P.A. 103-210)
Sec. 6-106. Application for license or instruction permit.
(a) Every application for any permit or license authorized
to be issued under this Code shall be made upon a form
furnished by the Secretary of State. Every application shall
be accompanied by the proper fee and payment of such fee shall
entitle the applicant to not more than 3 attempts to pass the
examination within a period of one year after the date of
application.
(b) Every application shall state the legal name, social
security number, zip code, date of birth, sex, and residence
address of the applicant; briefly describe the applicant;
state whether the applicant has theretofore been licensed as a
driver, and, if so, when and by what state or country, and
whether any such license has ever been cancelled, suspended,
revoked or refused, and, if so, the date and reason for such
cancellation, suspension, revocation or refusal; shall include
an affirmation by the applicant that all information set forth
is true and correct; and shall bear the applicant's signature.
In addition to the residence address, the Secretary may allow
the applicant to provide a mailing address. In the case of an
applicant who is a judicial officer or peace officer, the
Secretary may allow the applicant to provide an office or work
address in lieu of a residence or mailing address. The
application form may also require the statement of such
additional relevant information as the Secretary of State
shall deem necessary to determine the applicant's competency
and eligibility. The Secretary of State may, in his
discretion, by rule or regulation, provide that an application
for a drivers license or permit may include a suitable
photograph of the applicant in the form prescribed by the
Secretary, and he may further provide that each drivers
license shall include a photograph of the driver. The
Secretary of State may utilize a photograph process or system
most suitable to deter alteration or improper reproduction of
a drivers license and to prevent substitution of another photo
thereon. For the purposes of this subsection (b), "peace
officer" means any person who by virtue of his or her office or
public employment is vested by law with a duty to maintain
public order or to make arrests for a violation of any penal
statute of this State, whether that duty extends to all
violations or is limited to specific violations.
(b-3) Upon the first issuance of a request for proposals
for a digital driver's license and identification card
issuance and facial recognition system issued after January 1,
2020 (the effective date of Public Act 101-513), and upon
implementation of a new or revised system procured pursuant to
that request for proposals, the Secretary shall permit
applicants to choose between "male", "female" or "non-binary"
when designating the applicant's sex on the driver's license
application form. The sex designated by the applicant shall be
displayed on the driver's license issued to the applicant.
(b-5) Every applicant for a REAL ID compliant driver's
license or permit shall provide proof of lawful status in the
United States as defined in 6 CFR 37.3, as amended. Applicants
who are unable to provide the Secretary with proof of lawful
status may apply for a driver's license or permit under
Section 6-105.1 of this Code.
(c) The application form shall include a notice to the
applicant of the registration obligations of sex offenders
under the Sex Offender Registration Act. The notice shall be
provided in a form and manner prescribed by the Secretary of
State. For purposes of this subsection (c), "sex offender" has
the meaning ascribed to it in Section 2 of the Sex Offender
Registration Act.
(d) Any male United States citizen or immigrant who
applies for any permit or license authorized to be issued
under this Code or for a renewal of any permit or license, and
who is at least 18 years of age but less than 26 years of age,
must be registered in compliance with the requirements of the
federal Military Selective Service Act. The Secretary of State
must forward in an electronic format the necessary personal
information regarding the applicants identified in this
subsection (d) to the Selective Service System. The
applicant's signature on the application serves as an
indication that the applicant either has already registered
with the Selective Service System or that he is authorizing
the Secretary to forward to the Selective Service System the
necessary information for registration. The Secretary must
notify the applicant at the time of application that his
signature constitutes consent to registration with the
Selective Service System, if he is not already registered.
(e) Beginning on or before July 1, 2015, for each original
or renewal driver's license application under this Code, the
Secretary shall inquire as to whether the applicant is a
veteran for purposes of issuing a driver's license with a
veteran designation under subsection (e-5) of Section 6-110 of
this Code. The acceptable forms of proof shall include, but
are not limited to, Department of Defense form DD-214,
Department of Defense form DD-256 for applicants who did not
receive a form DD-214 upon the completion of initial basic
training, Department of Defense form DD-2 (Retired), an
identification card issued under the federal Veterans
Identification Card Act of 2015, or a United States Department
of Veterans Affairs summary of benefits letter. If the
document cannot be stamped, the Illinois Department of
Veterans' Affairs shall provide a certificate to the veteran
to provide to the Secretary of State. The Illinois Department
of Veterans' Affairs shall advise the Secretary as to what
other forms of proof of a person's status as a veteran are
acceptable.
For each applicant who is issued a driver's license with a
veteran designation, the Secretary shall provide the
Department of Veterans' Affairs with the applicant's name,
address, date of birth, gender and such other demographic
information as agreed to by the Secretary and the Department.
The Department may take steps necessary to confirm the
applicant is a veteran. If after due diligence, including
writing to the applicant at the address provided by the
Secretary, the Department is unable to verify the applicant's
veteran status, the Department shall inform the Secretary, who
shall notify the applicant that he or she must confirm status
as a veteran, or the driver's license will be cancelled.
For purposes of this subsection (e):
"Armed forces" means any of the Armed Forces of the United
States, including a member of any reserve component or
National Guard unit.
"Veteran" means a person who has served in the armed
forces and was discharged or separated under honorable
conditions.
(f) An applicant who is eligible for Gold Star license
plates under Section 3-664 of this Code may apply for an
original or renewal driver's license with space for a
designation as a Gold Star Family. The Secretary may waive any
fee for this application. If the Secretary does not waive the
fee, any fee charged to the applicant must be deposited into
the Illinois Veterans Assistance Fund. The Secretary is
authorized to issue rules to implement this subsection.
(Source: P.A. 101-106, eff. 1-1-20; 101-287, eff. 8-9-19;
101-513, eff. 1-1-20; 102-558, eff. 8-20-21.)
(Text of Section after amendment by P.A. 103-210)
Sec. 6-106. Application for license or instruction permit.
(a) Every application for any permit or license authorized
to be issued under this Code shall be made upon a form
furnished by the Secretary of State. Every application shall
be accompanied by the proper fee and payment of such fee shall
entitle the applicant to not more than 3 attempts to pass the
examination within a period of one year after the date of
application.
(b) Every application shall state the legal name, zip
code, date of birth, sex, and residence address of the
applicant; briefly describe the applicant; state whether the
applicant has theretofore been licensed as a driver, and, if
so, when and by what state or country, and whether any such
license has ever been cancelled, suspended, revoked or
refused, and, if so, the date and reason for such
cancellation, suspension, revocation or refusal; shall include
an affirmation by the applicant that all information set forth
is true and correct; and shall bear the applicant's signature.
In addition to the residence address, the Secretary may allow
the applicant to provide a mailing address. In the case of an
applicant who is a judicial officer or peace officer, the
Secretary may allow the applicant to provide an office or work
address in lieu of a residence or mailing address. The
application form may also require the statement of such
additional relevant information as the Secretary of State
shall deem necessary to determine the applicant's competency
and eligibility. The Secretary of State may, in his
discretion, by rule or regulation, provide that an application
for a drivers license or permit may include a suitable
photograph of the applicant in the form prescribed by the
Secretary, and he may further provide that each drivers
license shall include a photograph of the driver. The
Secretary of State may utilize a photograph process or system
most suitable to deter alteration or improper reproduction of
a drivers license and to prevent substitution of another photo
thereon. For the purposes of this subsection (b), "peace
officer" means any person who by virtue of his or her office or
public employment is vested by law with a duty to maintain
public order or to make arrests for a violation of any penal
statute of this State, whether that duty extends to all
violations or is limited to specific violations.
(b-1) Every application shall state the social security
number of the applicant; except if the applicant is applying
for a standard driver's license and, on the date of
application, is ineligible for a social security number, then:
(1) if the applicant has documentation, issued by the
United States Department of Homeland Security, authorizing
the applicant's presence in this country, the applicant
shall provide such documentation instead of a social
security number; and
(2) if the applicant does not have documentation
described in paragraph (1), the applicant shall provide,
instead of a social security number, the following:
(A) documentation establishing that the applicant
has resided in this State for a period in excess of one
year;
(B) a passport validly issued to the applicant
from the applicant's country of citizenship or a
consular identification document validly issued to the
applicant by a consulate of that country as defined in
Section 5 of the Consular Identification Document Act,
as long as such documents are either unexpired or
presented by an applicant within 2 years of its
expiration date; and
(C) a social security card, if the applicant has a
social security number.
(b-3) Upon the first issuance of a request for proposals
for a digital driver's license and identification card
issuance and facial recognition system issued after January 1,
2020 (the effective date of Public Act 101-513), and upon
implementation of a new or revised system procured pursuant to
that request for proposals, the Secretary shall permit
applicants to choose between "male", "female" or "non-binary"
when designating the applicant's sex on the driver's license
application form. The sex designated by the applicant shall be
displayed on the driver's license issued to the applicant.
(b-5) Every applicant for a REAL ID compliant driver's
license or permit shall provide proof of lawful status in the
United States as defined in 6 CFR 37.3, as amended.
(c) The application form shall include a notice to the
applicant of the registration obligations of sex offenders
under the Sex Offender Registration Act. The notice shall be
provided in a form and manner prescribed by the Secretary of
State. For purposes of this subsection (c), "sex offender" has
the meaning ascribed to it in Section 2 of the Sex Offender
Registration Act.
(d) Any male United States citizen or immigrant who
applies for any permit or license authorized to be issued
under this Code or for a renewal of any permit or license, and
who is at least 18 years of age but less than 26 years of age,
must be registered in compliance with the requirements of the
federal Military Selective Service Act. The Secretary of State
must forward in an electronic format the necessary personal
information regarding the applicants identified in this
subsection (d) to the Selective Service System. The
applicant's signature on the application serves as an
indication that the applicant either has already registered
with the Selective Service System or that he is authorizing
the Secretary to forward to the Selective Service System the
necessary information for registration. The Secretary must
notify the applicant at the time of application that his
signature constitutes consent to registration with the
Selective Service System, if he is not already registered.
(e) Beginning on or before July 1, 2015, for each original
or renewal driver's license application under this Code, the
Secretary shall inquire as to whether the applicant is a
veteran for purposes of issuing a driver's license with a
veteran designation under subsection (e-5) of Section 6-110 of
this Code. The acceptable forms of proof shall include, but
are not limited to, Department of Defense form DD-214,
Department of Defense form DD-256 for applicants who did not
receive a form DD-214 upon the completion of initial basic
training, Department of Defense form DD-2 (Retired), an
identification card issued under the federal Veterans
Identification Card Act of 2015, or a United States Department
of Veterans Affairs summary of benefits letter. If the
document cannot be stamped, the Illinois Department of
Veterans' Affairs shall provide a certificate to the veteran
to provide to the Secretary of State. The Illinois Department
of Veterans' Affairs shall advise the Secretary as to what
other forms of proof of a person's status as a veteran are
acceptable.
For each applicant who is issued a driver's license with a
veteran designation, the Secretary shall provide the
Department of Veterans' Affairs with the applicant's name,
address, date of birth, gender and such other demographic
information as agreed to by the Secretary and the Department.
The Department may take steps necessary to confirm the
applicant is a veteran. If after due diligence, including
writing to the applicant at the address provided by the
Secretary, the Department is unable to verify the applicant's
veteran status, the Department shall inform the Secretary, who
shall notify the applicant that he or she must confirm status
as a veteran, or the driver's license will be cancelled.
For purposes of this subsection (e):
"Armed forces" means any of the Armed Forces of the United
States, including a member of any reserve component or
National Guard unit.
"Veteran" means a person who has served in the armed
forces and was discharged or separated under honorable
conditions.
(f) An applicant who is eligible for Gold Star license
plates under Section 3-664 of this Code may apply for an
original or renewal driver's license with space for a
designation as a Gold Star Family. The Secretary may waive any
fee for this application. If the Secretary does not waive the
fee, any fee charged to the applicant must be deposited into
the Illinois Veterans Assistance Fund. The Secretary is
authorized to issue rules to implement this subsection.
(Source: P.A. 102-558, eff. 8-20-21; 103-210, eff. 7-1-24.)
(625 ILCS 5/6-110) (from Ch. 95 1/2, par. 6-110)
Sec. 6-110. Licenses issued to drivers.
(a) The Secretary of State shall issue to every qualifying
applicant a driver's license as applied for, which license
shall bear a distinguishing number assigned to the licensee,
the legal name, signature, zip code, date of birth, residence
address, and a brief description of the licensee.
Licenses issued shall also indicate the classification and
the restrictions under Section 6-104 of this Code. The
Secretary may adopt rules to establish informational
restrictions that can be placed on the driver's license
regarding specific conditions of the licensee.
A driver's license issued may, in the discretion of the
Secretary, include a suitable photograph of a type prescribed
by the Secretary.
(a-1) If the licensee is less than 18 years of age, unless
one of the exceptions in subsection (a-2) apply, the license
shall, as a matter of law, be invalid for the operation of any
motor vehicle during the following times:
(A) Between 11:00 p.m. Friday and 6:00 a.m. Saturday;
(B) Between 11:00 p.m. Saturday and 6:00 a.m. on
Sunday; and
(C) Between 10:00 p.m. on Sunday to Thursday,
inclusive, and 6:00 a.m. on the following day.
(a-2) The driver's license of a person under the age of 18
shall not be invalid as described in subsection (a-1) of this
Section if the licensee under the age of 18 was:
(1) accompanied by the licensee's parent or guardian
or other person in custody or control of the minor;
(2) on an errand at the direction of the minor's
parent or guardian, without any detour or stop;
(3) in a motor vehicle involved in interstate travel;
(4) going to or returning home from an employment
activity, without any detour or stop;
(5) involved in an emergency;
(6) going to or returning home from, without any
detour or stop, an official school, religious, or other
recreational activity supervised by adults and sponsored
by a government or governmental agency, a civic
organization, or another similar entity that takes
responsibility for the licensee, without any detour or
stop;
(7) exercising First Amendment rights protected by the
United States Constitution, such as the free exercise of
religion, freedom of speech, and the right of assembly; or
(8) married or had been married or is an emancipated
minor under the Emancipation of Minors Act.
(a-2.5) The driver's license of a person who is 17 years of
age and has been licensed for at least 12 months is not invalid
as described in subsection (a-1) of this Section while the
licensee is participating as an assigned driver in a Safe
Rides program that meets the following criteria:
(1) the program is sponsored by the Boy Scouts of
America or another national public service organization;
and
(2) the sponsoring organization carries liability
insurance covering the program.
(a-3) If a graduated driver's license holder over the age
of 18 committed an offense against traffic regulations
governing the movement of vehicles or any violation of Section
6-107 or Section 12-603.1 of this Code in the 6 months prior to
the graduated driver's license holder's 18th birthday, and was
subsequently convicted of the offense, the provisions of
subsection (a-1) shall continue to apply until such time as a
period of 6 consecutive months has elapsed without an
additional violation and subsequent conviction of an offense
against traffic regulations governing the movement of vehicles
or Section 6-107 or Section 12-603.1 of this Code.
(a-4) If an applicant for a driver's license or
instruction permit has a current identification card issued by
the Secretary of State, the Secretary may require the
applicant to utilize the same residence address and name on
the identification card, driver's license, and instruction
permit records maintained by the Secretary. The Secretary may
promulgate rules to implement this provision.
(a-5) If an applicant for a driver's license is a judicial
officer or a peace officer, the applicant may elect to have his
or her office or work address listed on the license instead of
the applicant's residence or mailing address. The Secretary of
State shall adopt rules to implement this subsection (a-5).
For the purposes of this subsection (a-5), "peace officer"
means any person who by virtue of his or her office or public
employment is vested by law with a duty to maintain public
order or to make arrests for a violation of any penal statute
of this State, whether that duty extends to all violations or
is limited to specific violations.
(b) Until the Secretary of State establishes a First
Person Consent organ and tissue donor registry under Section
6-117 of this Code, the Secretary of State shall provide a
format on the reverse of each driver's license issued which
the licensee may use to execute a document of gift conforming
to the provisions of the Illinois Anatomical Gift Act. The
format shall allow the licensee to indicate the gift intended,
whether specific organs, any organ, or the entire body, and
shall accommodate the signatures of the donor and 2 witnesses.
The Secretary shall also inform each applicant or licensee of
this format, describe the procedure for its execution, and may
offer the necessary witnesses; provided that in so doing, the
Secretary shall advise the applicant or licensee that he or
she is under no compulsion to execute a document of gift. A
brochure explaining this method of executing an anatomical
gift document shall be given to each applicant or licensee.
The brochure shall advise the applicant or licensee that he or
she is under no compulsion to execute a document of gift, and
that he or she may wish to consult with family, friends or
clergy before doing so. The Secretary of State may undertake
additional efforts, including education and awareness
activities, to promote organ and tissue donation.
(c) The Secretary of State shall designate on each
driver's license issued a space where the licensee may place a
sticker or decal of the uniform size as the Secretary may
specify, which sticker or decal may indicate in appropriate
language that the owner of the license carries an Emergency
Medical Information Card.
The sticker may be provided by any person, hospital,
school, medical group, or association interested in assisting
in implementing the Emergency Medical Information Card, but
shall meet the specifications as the Secretary may by rule or
regulation require.
(d) The Secretary of State shall designate on each
driver's license issued a space where the licensee may
indicate his blood type and RH factor.
(e) The Secretary of State shall provide that each
original or renewal driver's license issued to a licensee
under 21 years of age shall be of a distinct nature from those
driver's licenses issued to individuals 21 years of age and
older. The color designated for driver's licenses for
licensees under 21 years of age shall be at the discretion of
the Secretary of State.
(e-1) The Secretary shall provide that each driver's
license issued to a person under the age of 21 displays the
date upon which the person becomes 18 years of age and the date
upon which the person becomes 21 years of age.
(e-3) The General Assembly recognizes the need to identify
military veterans living in this State for the purpose of
ensuring that they receive all of the services and benefits to
which they are legally entitled, including healthcare,
education assistance, and job placement. To assist the State
in identifying these veterans and delivering these vital
services and benefits, the Secretary of State is authorized to
issue drivers' licenses with the word "veteran" appearing on
the face of the licenses. This authorization is predicated on
the unique status of veterans. The Secretary may not issue any
other driver's license which identifies an occupation, status,
affiliation, hobby, or other unique characteristics of the
license holder which is unrelated to the purpose of the
driver's license.
(e-5) Beginning on or before July 1, 2015, the Secretary
of State shall designate a space on each original or renewal
driver's license where, at the request of the applicant, the
word "veteran" shall be placed. The veteran designation shall
be available to a person identified as a veteran under
subsection (e) of Section 6-106 of this Code who was
discharged or separated under honorable conditions.
(e-7) Upon providing required documentation, at the
request of the applicant, the driver's license may reflect
Gold Star Family designation. The Secretary shall designate a
space on each original or renewal driver's license for such
designation. This designation shall be available to a person
eligible for Gold Star license plates under subsection (f) of
Section 6-106 of this Code.
(f) The Secretary of State shall inform all Illinois
licensed commercial motor vehicle operators of the
requirements of the Uniform Commercial Driver License Act,
Article V of this Chapter, and shall make provisions to insure
that all drivers, seeking to obtain a commercial driver's
license, be afforded an opportunity prior to April 1, 1992, to
obtain the license. The Secretary is authorized to extend
driver's license expiration dates, and assign specific times,
dates and locations where these commercial driver's tests
shall be conducted. Any applicant, regardless of the current
expiration date of the applicant's driver's license, may be
subject to any assignment by the Secretary. Failure to comply
with the Secretary's assignment may result in the applicant's
forfeiture of an opportunity to receive a commercial driver's
license prior to April 1, 1992.
(g) The Secretary of State shall designate on a driver's
license issued, a space where the licensee may indicate that
he or she has drafted a living will in accordance with the
Illinois Living Will Act or a durable power of attorney for
health care in accordance with the Illinois Power of Attorney
Act.
(g-1) The Secretary of State, in his or her discretion,
may designate on each driver's license issued a space where
the licensee may place a sticker or decal, issued by the
Secretary of State, of uniform size as the Secretary may
specify, that shall indicate in appropriate language that the
owner of the license has renewed his or her driver's license.
(h) A person who acts in good faith in accordance with the
terms of this Section is not liable for damages in any civil
action or subject to prosecution in any criminal proceeding
for his or her act.
(i) The Secretary shall designate a space on each original
or renewal of a driver's license, at the request of the
applicant, for a designation as a Gold Star Family. This
designation shall be available to a person eligible for Gold
Star license plates under subsection (f) of Section 6-106 of
this Code.
(Source: P.A. 97-263, eff. 8-5-11; 97-739, eff. 1-1-13;
97-847, eff. 1-1-13; 97-1127, eff. 1-1-13; 98-323, eff.
1-1-14; 98-463, eff. 8-16-13.)