Illinois 2025-2026 Regular Session

Illinois House Bill HB1468 Compare Versions

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

Old	New	Differences
1	1	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1468 Introduced , by Rep. Nicole La Ha SYNOPSIS AS INTRODUCED: New Act5 ILCS 140/710 ILCS 5/10-10.3 new15 ILCS 335/415 ILCS 335/5625 ILCS 5/3-405 from Ch. 95 1/2, par. 3-405625 ILCS 5/6-106 from Ch. 95 1/2, par. 6-106625 ILCS 5/6-110 Creates the Public Safety and Justice Privacy Act. Defines terms. Provides that governmental agencies, persons, businesses, and associations shall not publicly post or display publicly available content that includes a first responder's, member or former member of the Illinois General Assembly's, prosecutor's, public defender's, or probation officer's ("officials") personal information, provided that the governmental agency, person, business, or association has received a written request from the person that it refrain from disclosing the person's personal information. Provides injunctive or declaratory relief if the Act is violated. Includes procedures for a written request. Provides that it is a Class 3 felony for any person to knowingly and publicly post on the Internet the personal information of an official or an official's immediate family under specified circumstances. Excludes criminal penalties for employees of governmental agencies who publish information in good faith during the ordinary course of carrying out public functions. Provides that the Act and any rules adopted to implement the Act shall be construed broadly to favor the protection of the personal information of officials. Amends various Acts and Codes allowing an official to list a business address rather than a home address. Makes conforming changes. Effective immediately. LRB104 06726 RLC 16762 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1468 Introduced , by Rep. Nicole La Ha SYNOPSIS AS INTRODUCED: New Act5 ILCS 140/710 ILCS 5/10-10.3 new15 ILCS 335/415 ILCS 335/5625 ILCS 5/3-405 from Ch. 95 1/2, par. 3-405625 ILCS 5/6-106 from Ch. 95 1/2, par. 6-106625 ILCS 5/6-110 New Act 5 ILCS 140/7 10 ILCS 5/10-10.3 new 15 ILCS 335/4 15 ILCS 335/5 625 ILCS 5/3-405 from Ch. 95 1/2, par. 3-405 625 ILCS 5/6-106 from Ch. 95 1/2, par. 6-106 625 ILCS 5/6-110 Creates the Public Safety and Justice Privacy Act. Defines terms. Provides that governmental agencies, persons, businesses, and associations shall not publicly post or display publicly available content that includes a first responder's, member or former member of the Illinois General Assembly's, prosecutor's, public defender's, or probation officer's ("officials") personal information, provided that the governmental agency, person, business, or association has received a written request from the person that it refrain from disclosing the person's personal information. Provides injunctive or declaratory relief if the Act is violated. Includes procedures for a written request. Provides that it is a Class 3 felony for any person to knowingly and publicly post on the Internet the personal information of an official or an official's immediate family under specified circumstances. Excludes criminal penalties for employees of governmental agencies who publish information in good faith during the ordinary course of carrying out public functions. Provides that the Act and any rules adopted to implement the Act shall be construed broadly to favor the protection of the personal information of officials. Amends various Acts and Codes allowing an official to list a business address rather than a home address. Makes conforming changes. Effective immediately. LRB104 06726 RLC 16762 b LRB104 06726 RLC 16762 b A BILL FOR
2	2	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1468 Introduced , by Rep. Nicole La Ha SYNOPSIS AS INTRODUCED:
3	3	New Act5 ILCS 140/710 ILCS 5/10-10.3 new15 ILCS 335/415 ILCS 335/5625 ILCS 5/3-405 from Ch. 95 1/2, par. 3-405625 ILCS 5/6-106 from Ch. 95 1/2, par. 6-106625 ILCS 5/6-110 New Act 5 ILCS 140/7 10 ILCS 5/10-10.3 new 15 ILCS 335/4 15 ILCS 335/5 625 ILCS 5/3-405 from Ch. 95 1/2, par. 3-405 625 ILCS 5/6-106 from Ch. 95 1/2, par. 6-106 625 ILCS 5/6-110
4	4	New Act
5	5	5 ILCS 140/7
6	6	10 ILCS 5/10-10.3 new
7	7	15 ILCS 335/4
8	8	15 ILCS 335/5
9	9	625 ILCS 5/3-405 from Ch. 95 1/2, par. 3-405
10	10	625 ILCS 5/6-106 from Ch. 95 1/2, par. 6-106
11	11	625 ILCS 5/6-110
12	12	Creates the Public Safety and Justice Privacy Act. Defines terms. Provides that governmental agencies, persons, businesses, and associations shall not publicly post or display publicly available content that includes a first responder's, member or former member of the Illinois General Assembly's, prosecutor's, public defender's, or probation officer's ("officials") personal information, provided that the governmental agency, person, business, or association has received a written request from the person that it refrain from disclosing the person's personal information. Provides injunctive or declaratory relief if the Act is violated. Includes procedures for a written request. Provides that it is a Class 3 felony for any person to knowingly and publicly post on the Internet the personal information of an official or an official's immediate family under specified circumstances. Excludes criminal penalties for employees of governmental agencies who publish information in good faith during the ordinary course of carrying out public functions. Provides that the Act and any rules adopted to implement the Act shall be construed broadly to favor the protection of the personal information of officials. Amends various Acts and Codes allowing an official to list a business address rather than a home address. Makes conforming changes. Effective immediately.
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15	15	A BILL FOR
16	16	HB1468LRB104 06726 RLC 16762 b HB1468 LRB104 06726 RLC 16762 b
17	17	HB1468 LRB104 06726 RLC 16762 b
18	18	1 AN ACT concerning privacy.
19	19	2 Be it enacted by the People of the State of Illinois,
20	20	3 represented in the General Assembly:
21	21	4 Section 1. Short title. This Act may be cited as the Public
22	22	5 Safety and Justice Privacy Act.
23	23	6 Section 5. Definitions. As used in this Act:
24	24	7 "Assistant Public Defender" and "Assistant State's
25	25	8 Attorney" have the meanings given to those terms in Section 15
26	26	9 of the Public Interest Attorney Assistance Act.
27	27	10 "First responder" means a law enforcement officer or
28	28	11 fireman as defined in Section 2 of the Line of Duty
29	29	12 Compensation Act, an "emergency medical technician (EMT)" as
30	30	13 defined in Section 3.50 of the Emergency Medical Services
31	31	14 (EMS) Systems Act, and any other person who is at least 18
32	32	15 years of age who has successfully completed a course of
33	33	16 instruction in emergency medical responder first response as
34	34	17 prescribed by the Illinois Department of Public Health, and
35	35	18 who provides first response services prior to the arrival of
36	36	19 an ambulance or specialized emergency medical services
37	37	20 vehicle, in accordance with the level of care established in
38	38	21 the emergency medical responder first response course.
39	39	22 "Governmental agency", "personal information", "publicly
40	40	23 available content", and "publicly post" or "publicly display"
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44	44	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1468 Introduced , by Rep. Nicole La Ha SYNOPSIS AS INTRODUCED:
45	45	New Act5 ILCS 140/710 ILCS 5/10-10.3 new15 ILCS 335/415 ILCS 335/5625 ILCS 5/3-405 from Ch. 95 1/2, par. 3-405625 ILCS 5/6-106 from Ch. 95 1/2, par. 6-106625 ILCS 5/6-110 New Act 5 ILCS 140/7 10 ILCS 5/10-10.3 new 15 ILCS 335/4 15 ILCS 335/5 625 ILCS 5/3-405 from Ch. 95 1/2, par. 3-405 625 ILCS 5/6-106 from Ch. 95 1/2, par. 6-106 625 ILCS 5/6-110
46	46	New Act
47	47	5 ILCS 140/7
48	48	10 ILCS 5/10-10.3 new
49	49	15 ILCS 335/4
50	50	15 ILCS 335/5
51	51	625 ILCS 5/3-405 from Ch. 95 1/2, par. 3-405
52	52	625 ILCS 5/6-106 from Ch. 95 1/2, par. 6-106
53	53	625 ILCS 5/6-110
54	54	Creates the Public Safety and Justice Privacy Act. Defines terms. Provides that governmental agencies, persons, businesses, and associations shall not publicly post or display publicly available content that includes a first responder's, member or former member of the Illinois General Assembly's, prosecutor's, public defender's, or probation officer's ("officials") personal information, provided that the governmental agency, person, business, or association has received a written request from the person that it refrain from disclosing the person's personal information. Provides injunctive or declaratory relief if the Act is violated. Includes procedures for a written request. Provides that it is a Class 3 felony for any person to knowingly and publicly post on the Internet the personal information of an official or an official's immediate family under specified circumstances. Excludes criminal penalties for employees of governmental agencies who publish information in good faith during the ordinary course of carrying out public functions. Provides that the Act and any rules adopted to implement the Act shall be construed broadly to favor the protection of the personal information of officials. Amends various Acts and Codes allowing an official to list a business address rather than a home address. Makes conforming changes. Effective immediately.
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57	57	A BILL FOR
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63	63	New Act
64	64	5 ILCS 140/7
65	65	10 ILCS 5/10-10.3 new
66	66	15 ILCS 335/4
67	67	15 ILCS 335/5
68	68	625 ILCS 5/3-405 from Ch. 95 1/2, par. 3-405
69	69	625 ILCS 5/6-106 from Ch. 95 1/2, par. 6-106
70	70	625 ILCS 5/6-110
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89	89	1 have the meanings given to those terms in 1-10 of Judicial
90	90	2 Privacy Act.
91	91	3 "Home address" includes an official's permanent residence
92	92	4 and any secondary residences affirmatively identified by the
93	93	5 official, but does not include an official's work address.
94	94	6 "Immediate family" includes an official's spouse, child,
95	95	7 parent, or any blood relative of the official or the
96	96	8 official's spouse who lives in the same residence.
97	97	9 "Official" includes:
98	98	10 (1) First responder.
99	99	11 (2) Member or former member of the Illinois General
100	100	12 Assembly.
101	101	13 (3) Prosecutor.
102	102	14 (4) Public defender.
103	103	15 (5) Probation officer.
104	104	16 "Probation officer" has the meaning given to that term in
105	105	17 Section 9b of the Probation and Probation Officers Act.
106	106	18 "Prosecutor" means a State's Attorney, Assistant State's
107	107	19 Attorney, or a prosecutor for a unit of local government.
108	108	20 "Public defender" means a Public Defender or an Assistant
109	109	21 Public Defender.
110	110	22 "Written request" means written notice signed by an
111	111	23 official or a representative of the official's employer
112	112	24 requesting a governmental agency, person, business, or
113	113	25 association to refrain from posting or displaying publicly
114	114	26 available content that includes the official's personal
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125	125	1 information.
126	126	2 Section 10. Publicly posting or displaying an official's
127	127	3 personal information by governmental agencies.
128	128	4 (a) Governmental agencies shall not publicly post or
129	129	5 display publicly available content that includes an official's
130	130	6 personal information if the governmental agency has received a
131	131	7 written request in accordance with Section 20 that it refrain
132	132	8 from disclosing the official's personal information. After a
133	133	9 governmental agency has received a written request, that
134	134	10 agency shall remove the official's personal information from
135	135	11 publicly available content within 5 business days. After the
136	136	12 governmental agency has removed the official's personal
137	137	13 information from publicly available content, the agency shall
138	138	14 not publicly post or display the information and the
139	139	15 official's personal information shall be exempt from the
140	140	16 Freedom of Information Act, unless the governmental agency has
141	141	17 received consent from the official to make the personal
142	142	18 information available to the public.
143	143	19 (b) If a governmental agency fails to comply with a
144	144	20 written request to refrain from disclosing personal
145	145	21 information, the official may bring an action in the circuit
146	146	22 court seeking injunctive or declaratory relief.
147	147	23 Section 15. Publicly posting an official's personal
148	148	24 information on the Internet by persons, businesses, and
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159	159	1 associations.
160	160	2 (a) Prohibited Conduct.
161	161	3 (1) All persons, businesses, and associations shall
162	162	4 refrain from publicly posting or displaying on the
163	163	5 Internet publicly available content that includes an
164	164	6 official's personal information if the official has made a
165	165	7 written request to the person, business, or association
166	166	8 that it refrain from disclosing the personal information.
167	167	9 (2) No person, business, or association shall solicit,
168	168	10 sell, or trade on the Internet an official's personal
169	169	11 information with the intent to pose an imminent and
170	170	12 serious threat to the health and safety of the official or
171	171	13 the official's immediate family.
172	172	14 (3) This subsection includes, but is not limited to,
173	173	15 Internet phone directories, Internet search engines,
174	174	16 Internet data aggregators, and Internet service providers.
175	175	17 (b) Required Conduct.
176	176	18 (1) After a person, business, or association has
177	177	19 received a written request from an official to protect the
178	178	20 privacy of the officer's personal information, that
179	179	21 person, business, or association shall have 72 hours to
180	180	22 remove the personal information from the Internet.
181	181	23 (2) After a person, business, or association has
182	182	24 received a written request from an official, that person,
183	183	25 business, or association shall ensure that the official's
184	184	26 personal information is not made available on any website
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195	195	1 or subsidiary website controlled by that person, business,
196	196	2 or association.
197	197	3 (3) After receiving an official's written request, no
198	198	4 person, business, or association shall transfer the
199	199	5 official's personal information to any other person,
200	200	6 business, or association through any medium.
201	201	7 (c) Redress. An official whose personal information is
202	202	8 made public as a result of a violation of this Section may
203	203	9 bring an action in the circuit court seeking injunctive or
204	204	10 declaratory relief. If the court grants injunctive or
205	205	11 declaratory relief, the person, business, or association
206	206	12 responsible for the violation shall be required to pay the
207	207	13 official's costs and reasonable attorney's fees.
208	208	14 Section 20. Procedure for completing a written request.
209	209	15 (a) No governmental agency, person, business, or
210	210	16 association shall be found to have violated any provision of
211	211	17 this Act if the official fails to submit a written request
212	212	18 calling for the protection of the officer's personal
213	213	19 information.
214	214	20 (b) A written request is valid if:
215	215	21 (1) the official sends a written request directly to
216	216	22 the governmental agency, person, business, or association;
217	217	23 or
218	218	24 (2) the Secretary of State creates a policy and
219	219	25 procedure for an official to file a written request with
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230	230	1 the Secretary of State to notify governmental agencies and
231	231	2 the official sends the written request to the Secretary of
232	232	3 State as provided in the policy and procedure. In each
233	233	4 quarter of a calendar year, the Secretary of State shall
234	234	5 provide to the appropriate officer with ultimate
235	235	6 supervisory authority for a governmental agency a list of
236	236	7 all officials who have submitted a written request to the
237	237	8 Secretary of State. The officer shall promptly provide a
238	238	9 copy of the list to any and all governmental agencies
239	239	10 under the officer's supervision. Receipt by a governmental
240	240	11 agency of the written request list compiled by the
241	241	12 Secretary of State shall constitute a written request to
242	242	13 that agency for the purposes of this Act.
243	243	14 (c) A representative from the official's employer may
244	244	15 submit a written request on the official's behalf if the
245	245	16 official gives written consent to the representative and the
246	246	17 representative agrees to furnish a copy of that consent when a
247	247	18 written request is made. The representative shall submit the
248	248	19 written request as provided in subsection (b).
249	249	20 (d) An official's written request shall specify what
250	250	21 personal information shall be maintained private.
251	251	22 If an official wishes to identify a secondary residence as
252	252	23 a home address, the designation shall be made in the written
253	253	24 request.
254	254	25 An official shall disclose the identity of the officer's
255	255	26 immediate family and indicate that the personal information of
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266	266	1 these family members shall also be excluded to the extent that
267	267	2 it could reasonably be expected to reveal the personal
268	268	3 information of the official.
269	269	4 (e) An official's written request is valid until the
270	270	5 official provides the governmental agency, person, business,
271	271	6 or association with written permission to release the private
272	272	7 information. An official's written request expires on death.
273	273	8 Section 25. Unlawful publication of personal information.
274	274	9 (a) It is unlawful for any person to knowingly and
275	275	10 publicly post on the Internet the personal information of an
276	276	11 official or of the official's immediate family if the person
277	277	12 knows or reasonably should know that publicly posting the
278	278	13 personal information poses an imminent and serious threat to
279	279	14 the health and safety of the official or the official's
280	280	15 immediate family and the violation is a proximate cause of
281	281	16 bodily injury or death of the official or a member of the
282	282	17 official's immediate family. A person who violates this
283	283	18 Section is guilty of a Class 3 felony.
284	284	19 (b) If an employee of a governmental agency has complied
285	285	20 with the provisions of this Act, it is not a violation of
286	286	21 subsection (a) if the employee publishes personal information,
287	287	22 in good faith, on the website of the governmental agency in the
288	288	23 ordinary course of carrying out public functions.
289	289	24 Section 30. Construction. This Act and any rules adopted
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300	300	1 to implement this Act shall be construed broadly to favor the
301	301	2 protection of the personal information of officials.
302	302	3 Section 100. The Freedom of Information Act is amended by
303	303	4 changing Section 7 as follows:
304	304	5 (5 ILCS 140/7)
305	305	6 Sec. 7. Exemptions.
306	306	7 (1) When a request is made to inspect or copy a public
307	307	8 record that contains information that is exempt from
308	308	9 disclosure under this Section, but also contains information
309	309	10 that is not exempt from disclosure, the public body may elect
310	310	11 to redact the information that is exempt. The public body
311	311	12 shall make the remaining information available for inspection
312	312	13 and copying. Subject to this requirement, the following shall
313	313	14 be exempt from inspection and copying:
314	314	15 (a) Information specifically prohibited from
315	315	16 disclosure by federal or State law or rules and
316	316	17 regulations implementing federal or State law.
317	317	18 (b) Private information, unless disclosure is required
318	318	19 by another provision of this Act, a State or federal law,
319	319	20 or a court order.
320	320	21 (b-5) Files, documents, and other data or databases
321	321	22 maintained by one or more law enforcement agencies and
322	322	23 specifically designed to provide information to one or
323	323	24 more law enforcement agencies regarding the physical or
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334	334	1 mental status of one or more individual subjects.
335	335	2 (c) Personal information contained within public
336	336	3 records, the disclosure of which would constitute a
337	337	4 clearly unwarranted invasion of personal privacy, unless
338	338	5 the disclosure is consented to in writing by the
339	339	6 individual subjects of the information. "Unwarranted
340	340	7 invasion of personal privacy" means the disclosure of
341	341	8 information that is highly personal or objectionable to a
342	342	9 reasonable person and in which the subject's right to
343	343	10 privacy outweighs any legitimate public interest in
344	344	11 obtaining the information. The disclosure of information
345	345	12 that bears on the public duties of public employees and
346	346	13 officials shall not be considered an invasion of personal
347	347	14 privacy.
348	348	15 (d) Records in the possession of any public body
349	349	16 created in the course of administrative enforcement
350	350	17 proceedings, and any law enforcement or correctional
351	351	18 agency for law enforcement purposes, but only to the
352	352	19 extent that disclosure would:
353	353	20 (i) interfere with pending or actually and
354	354	21 reasonably contemplated law enforcement proceedings
355	355	22 conducted by any law enforcement or correctional
356	356	23 agency that is the recipient of the request;
357	357	24 (ii) interfere with active administrative
358	358	25 enforcement proceedings conducted by the public body
359	359	26 that is the recipient of the request;
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370	370	1 (iii) create a substantial likelihood that a
371	371	2 person will be deprived of a fair trial or an impartial
372	372	3 hearing;
373	373	4 (iv) unavoidably disclose the identity of a
374	374	5 confidential source, confidential information
375	375	6 furnished only by the confidential source, or persons
376	376	7 who file complaints with or provide information to
377	377	8 administrative, investigative, law enforcement, or
378	378	9 penal agencies; except that the identities of
379	379	10 witnesses to traffic crashes, traffic crash reports,
380	380	11 and rescue reports shall be provided by agencies of
381	381	12 local government, except when disclosure would
382	382	13 interfere with an active criminal investigation
383	383	14 conducted by the agency that is the recipient of the
384	384	15 request;
385	385	16 (v) disclose unique or specialized investigative
386	386	17 techniques other than those generally used and known
387	387	18 or disclose internal documents of correctional
388	388	19 agencies related to detection, observation, or
389	389	20 investigation of incidents of crime or misconduct, and
390	390	21 disclosure would result in demonstrable harm to the
391	391	22 agency or public body that is the recipient of the
392	392	23 request;
393	393	24 (vi) endanger the life or physical safety of law
394	394	25 enforcement personnel or any other person; or
395	395	26 (vii) obstruct an ongoing criminal investigation
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406	406	1 by the agency that is the recipient of the request.
407	407	2 (d-5) A law enforcement record created for law
408	408	3 enforcement purposes and contained in a shared electronic
409	409	4 record management system if the law enforcement agency
410	410	5 that is the recipient of the request did not create the
411	411	6 record, did not participate in or have a role in any of the
412	412	7 events which are the subject of the record, and only has
413	413	8 access to the record through the shared electronic record
414	414	9 management system.
415	415	10 (d-6) Records contained in the Officer Professional
416	416	11 Conduct Database under Section 9.2 of the Illinois Police
417	417	12 Training Act, except to the extent authorized under that
418	418	13 Section. This includes the documents supplied to the
419	419	14 Illinois Law Enforcement Training Standards Board from the
420	420	15 Illinois State Police and Illinois State Police Merit
421	421	16 Board.
422	422	17 (d-7) Information gathered or records created from the
423	423	18 use of automatic license plate readers in connection with
424	424	19 Section 2-130 of the Illinois Vehicle Code.
425	425	20 (e) Records that relate to or affect the security of
426	426	21 correctional institutions and detention facilities.
427	427	22 (e-5) Records requested by persons committed to the
428	428	23 Department of Corrections, Department of Human Services
429	429	24 Division of Mental Health, or a county jail if those
430	430	25 materials are available in the library of the correctional
431	431	26 institution or facility or jail where the inmate is
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435	435
436	436
437	437	HB1468 - 11 - LRB104 06726 RLC 16762 b
438	438
439	439
440	440	HB1468- 12 -LRB104 06726 RLC 16762 b HB1468 - 12 - LRB104 06726 RLC 16762 b
441	441	HB1468 - 12 - LRB104 06726 RLC 16762 b
442	442	1 confined.
443	443	2 (e-6) Records requested by persons committed to the
444	444	3 Department of Corrections, Department of Human Services
445	445	4 Division of Mental Health, or a county jail if those
446	446	5 materials include records from staff members' personnel
447	447	6 files, staff rosters, or other staffing assignment
448	448	7 information.
449	449	8 (e-7) Records requested by persons committed to the
450	450	9 Department of Corrections or Department of Human Services
451	451	10 Division of Mental Health if those materials are available
452	452	11 through an administrative request to the Department of
453	453	12 Corrections or Department of Human Services Division of
454	454	13 Mental Health.
455	455	14 (e-8) Records requested by a person committed to the
456	456	15 Department of Corrections, Department of Human Services
457	457	16 Division of Mental Health, or a county jail, the
458	458	17 disclosure of which would result in the risk of harm to any
459	459	18 person or the risk of an escape from a jail or correctional
460	460	19 institution or facility.
461	461	20 (e-9) Records requested by a person in a county jail
462	462	21 or committed to the Department of Corrections or
463	463	22 Department of Human Services Division of Mental Health,
464	464	23 containing personal information pertaining to the person's
465	465	24 victim or the victim's family, including, but not limited
466	466	25 to, a victim's home address, home telephone number, work
467	467	26 or school address, work telephone number, social security
468	468
469	469
470	470
471	471
472	472
473	473	HB1468 - 12 - LRB104 06726 RLC 16762 b
474	474
475	475
476	476	HB1468- 13 -LRB104 06726 RLC 16762 b HB1468 - 13 - LRB104 06726 RLC 16762 b
477	477	HB1468 - 13 - LRB104 06726 RLC 16762 b
478	478	1 number, or any other identifying information, except as
479	479	2 may be relevant to a requester's current or potential case
480	480	3 or claim.
481	481	4 (e-10) Law enforcement records of other persons
482	482	5 requested by a person committed to the Department of
483	483	6 Corrections, Department of Human Services Division of
484	484	7 Mental Health, or a county jail, including, but not
485	485	8 limited to, arrest and booking records, mug shots, and
486	486	9 crime scene photographs, except as these records may be
487	487	10 relevant to the requester's current or potential case or
488	488	11 claim.
489	489	12 (f) Preliminary drafts, notes, recommendations,
490	490	13 memoranda, and other records in which opinions are
491	491	14 expressed, or policies or actions are formulated, except
492	492	15 that a specific record or relevant portion of a record
493	493	16 shall not be exempt when the record is publicly cited and
494	494	17 identified by the head of the public body. The exemption
495	495	18 provided in this paragraph (f) extends to all those
496	496	19 records of officers and agencies of the General Assembly
497	497	20 that pertain to the preparation of legislative documents.
498	498	21 (g) Trade secrets and commercial or financial
499	499	22 information obtained from a person or business where the
500	500	23 trade secrets or commercial or financial information are
501	501	24 furnished under a claim that they are proprietary,
502	502	25 privileged, or confidential, and that disclosure of the
503	503	26 trade secrets or commercial or financial information would
504	504
505	505
506	506
507	507
508	508
509	509	HB1468 - 13 - LRB104 06726 RLC 16762 b
510	510
511	511
512	512	HB1468- 14 -LRB104 06726 RLC 16762 b HB1468 - 14 - LRB104 06726 RLC 16762 b
513	513	HB1468 - 14 - LRB104 06726 RLC 16762 b
514	514	1 cause competitive harm to the person or business, and only
515	515	2 insofar as the claim directly applies to the records
516	516	3 requested.
517	517	4 The information included under this exemption includes
518	518	5 all trade secrets and commercial or financial information
519	519	6 obtained by a public body, including a public pension
520	520	7 fund, from a private equity fund or a privately held
521	521	8 company within the investment portfolio of a private
522	522	9 equity fund as a result of either investing or evaluating
523	523	10 a potential investment of public funds in a private equity
524	524	11 fund. The exemption contained in this item does not apply
525	525	12 to the aggregate financial performance information of a
526	526	13 private equity fund, nor to the identity of the fund's
527	527	14 managers or general partners. The exemption contained in
528	528	15 this item does not apply to the identity of a privately
529	529	16 held company within the investment portfolio of a private
530	530	17 equity fund, unless the disclosure of the identity of a
531	531	18 privately held company may cause competitive harm.
532	532	19 Nothing contained in this paragraph (g) shall be
533	533	20 construed to prevent a person or business from consenting
534	534	21 to disclosure.
535	535	22 (h) Proposals and bids for any contract, grant, or
536	536	23 agreement, including information which if it were
537	537	24 disclosed would frustrate procurement or give an advantage
538	538	25 to any person proposing to enter into a contractor
539	539	26 agreement with the body, until an award or final selection
540	540
541	541
542	542
543	543
544	544
545	545	HB1468 - 14 - LRB104 06726 RLC 16762 b
546	546
547	547
548	548	HB1468- 15 -LRB104 06726 RLC 16762 b HB1468 - 15 - LRB104 06726 RLC 16762 b
549	549	HB1468 - 15 - LRB104 06726 RLC 16762 b
550	550	1 is made. Information prepared by or for the body in
551	551	2 preparation of a bid solicitation shall be exempt until an
552	552	3 award or final selection is made.
553	553	4 (i) Valuable formulae, computer geographic systems,
554	554	5 designs, drawings, and research data obtained or produced
555	555	6 by any public body when disclosure could reasonably be
556	556	7 expected to produce private gain or public loss. The
557	557	8 exemption for "computer geographic systems" provided in
558	558	9 this paragraph (i) does not extend to requests made by
559	559	10 news media as defined in Section 2 of this Act when the
560	560	11 requested information is not otherwise exempt and the only
561	561	12 purpose of the request is to access and disseminate
562	562	13 information regarding the health, safety, welfare, or
563	563	14 legal rights of the general public.
564	564	15 (j) The following information pertaining to
565	565	16 educational matters:
566	566	17 (i) test questions, scoring keys, and other
567	567	18 examination data used to administer an academic
568	568	19 examination;
569	569	20 (ii) information received by a primary or
570	570	21 secondary school, college, or university under its
571	571	22 procedures for the evaluation of faculty members by
572	572	23 their academic peers;
573	573	24 (iii) information concerning a school or
574	574	25 university's adjudication of student disciplinary
575	575	26 cases, but only to the extent that disclosure would
576	576
577	577
578	578
579	579
580	580
581	581	HB1468 - 15 - LRB104 06726 RLC 16762 b
582	582
583	583
584	584	HB1468- 16 -LRB104 06726 RLC 16762 b HB1468 - 16 - LRB104 06726 RLC 16762 b
585	585	HB1468 - 16 - LRB104 06726 RLC 16762 b
586	586	1 unavoidably reveal the identity of the student; and
587	587	2 (iv) course materials or research materials used
588	588	3 by faculty members.
589	589	4 (k) Architects' plans, engineers' technical
590	590	5 submissions, and other construction related technical
591	591	6 documents for projects not constructed or developed in
592	592	7 whole or in part with public funds and the same for
593	593	8 projects constructed or developed with public funds,
594	594	9 including, but not limited to, power generating and
595	595	10 distribution stations and other transmission and
596	596	11 distribution facilities, water treatment facilities,
597	597	12 airport facilities, sport stadiums, convention centers,
598	598	13 and all government owned, operated, or occupied buildings,
599	599	14 but only to the extent that disclosure would compromise
600	600	15 security.
601	601	16 (l) Minutes of meetings of public bodies closed to the
602	602	17 public as provided in the Open Meetings Act until the
603	603	18 public body makes the minutes available to the public
604	604	19 under Section 2.06 of the Open Meetings Act.
605	605	20 (m) Communications between a public body and an
606	606	21 attorney or auditor representing the public body that
607	607	22 would not be subject to discovery in litigation, and
608	608	23 materials prepared or compiled by or for a public body in
609	609	24 anticipation of a criminal, civil, or administrative
610	610	25 proceeding upon the request of an attorney advising the
611	611	26 public body, and materials prepared or compiled with
612	612
613	613
614	614
615	615
616	616
617	617	HB1468 - 16 - LRB104 06726 RLC 16762 b
618	618
619	619
620	620	HB1468- 17 -LRB104 06726 RLC 16762 b HB1468 - 17 - LRB104 06726 RLC 16762 b
621	621	HB1468 - 17 - LRB104 06726 RLC 16762 b
622	622	1 respect to internal audits of public bodies.
623	623	2 (n) Records relating to a public body's adjudication
624	624	3 of employee grievances or disciplinary cases; however,
625	625	4 this exemption shall not extend to the final outcome of
626	626	5 cases in which discipline is imposed.
627	627	6 (o) Administrative or technical information associated
628	628	7 with automated data processing operations, including, but
629	629	8 not limited to, software, operating protocols, computer
630	630	9 program abstracts, file layouts, source listings, object
631	631	10 modules, load modules, user guides, documentation
632	632	11 pertaining to all logical and physical design of
633	633	12 computerized systems, employee manuals, and any other
634	634	13 information that, if disclosed, would jeopardize the
635	635	14 security of the system or its data or the security of
636	636	15 materials exempt under this Section.
637	637	16 (p) Records relating to collective negotiating matters
638	638	17 between public bodies and their employees or
639	639	18 representatives, except that any final contract or
640	640	19 agreement shall be subject to inspection and copying.
641	641	20 (q) Test questions, scoring keys, and other
642	642	21 examination data used to determine the qualifications of
643	643	22 an applicant for a license or employment.
644	644	23 (r) The records, documents, and information relating
645	645	24 to real estate purchase negotiations until those
646	646	25 negotiations have been completed or otherwise terminated.
647	647	26 With regard to a parcel involved in a pending or actually
648	648
649	649
650	650
651	651
652	652
653	653	HB1468 - 17 - LRB104 06726 RLC 16762 b
654	654
655	655
656	656	HB1468- 18 -LRB104 06726 RLC 16762 b HB1468 - 18 - LRB104 06726 RLC 16762 b
657	657	HB1468 - 18 - LRB104 06726 RLC 16762 b
658	658	1 and reasonably contemplated eminent domain proceeding
659	659	2 under the Eminent Domain Act, records, documents, and
660	660	3 information relating to that parcel shall be exempt except
661	661	4 as may be allowed under discovery rules adopted by the
662	662	5 Illinois Supreme Court. The records, documents, and
663	663	6 information relating to a real estate sale shall be exempt
664	664	7 until a sale is consummated.
665	665	8 (s) Any and all proprietary information and records
666	666	9 related to the operation of an intergovernmental risk
667	667	10 management association or self-insurance pool or jointly
668	668	11 self-administered health and accident cooperative or pool.
669	669	12 Insurance or self-insurance (including any
670	670	13 intergovernmental risk management association or
671	671	14 self-insurance pool) claims, loss or risk management
672	672	15 information, records, data, advice, or communications.
673	673	16 (t) Information contained in or related to
674	674	17 examination, operating, or condition reports prepared by,
675	675	18 on behalf of, or for the use of a public body responsible
676	676	19 for the regulation or supervision of financial
677	677	20 institutions, insurance companies, or pharmacy benefit
678	678	21 managers, unless disclosure is otherwise required by State
679	679	22 law.
680	680	23 (u) Information that would disclose or might lead to
681	681	24 the disclosure of secret or confidential information,
682	682	25 codes, algorithms, programs, or private keys intended to
683	683	26 be used to create electronic signatures under the Uniform
684	684
685	685
686	686
687	687
688	688
689	689	HB1468 - 18 - LRB104 06726 RLC 16762 b
690	690
691	691
692	692	HB1468- 19 -LRB104 06726 RLC 16762 b HB1468 - 19 - LRB104 06726 RLC 16762 b
693	693	HB1468 - 19 - LRB104 06726 RLC 16762 b
694	694	1 Electronic Transactions Act.
695	695	2 (v) Vulnerability assessments, security measures, and
696	696	3 response policies or plans that are designed to identify,
697	697	4 prevent, or respond to potential attacks upon a
698	698	5 community's population or systems, facilities, or
699	699	6 installations, but only to the extent that disclosure
700	700	7 could reasonably be expected to expose the vulnerability
701	701	8 or jeopardize the effectiveness of the measures, policies,
702	702	9 or plans, or the safety of the personnel who implement
703	703	10 them or the public. Information exempt under this item may
704	704	11 include such things as details pertaining to the
705	705	12 mobilization or deployment of personnel or equipment, to
706	706	13 the operation of communication systems or protocols, to
707	707	14 cybersecurity vulnerabilities, or to tactical operations.
708	708	15 (w) (Blank).
709	709	16 (x) Maps and other records regarding the location or
710	710	17 security of generation, transmission, distribution,
711	711	18 storage, gathering, treatment, or switching facilities
712	712	19 owned by a utility, by a power generator, or by the
713	713	20 Illinois Power Agency.
714	714	21 (y) Information contained in or related to proposals,
715	715	22 bids, or negotiations related to electric power
716	716	23 procurement under Section 1-75 of the Illinois Power
717	717	24 Agency Act and Section 16-111.5 of the Public Utilities
718	718	25 Act that is determined to be confidential and proprietary
719	719	26 by the Illinois Power Agency or by the Illinois Commerce
720	720
721	721
722	722
723	723
724	724
725	725	HB1468 - 19 - LRB104 06726 RLC 16762 b
726	726
727	727
728	728	HB1468- 20 -LRB104 06726 RLC 16762 b HB1468 - 20 - LRB104 06726 RLC 16762 b
729	729	HB1468 - 20 - LRB104 06726 RLC 16762 b
730	730	1 Commission.
731	731	2 (z) Information about students exempted from
732	732	3 disclosure under Section 10-20.38 or 34-18.29 of the
733	733	4 School Code, and information about undergraduate students
734	734	5 enrolled at an institution of higher education exempted
735	735	6 from disclosure under Section 25 of the Illinois Credit
736	736	7 Card Marketing Act of 2009.
737	737	8 (aa) Information the disclosure of which is exempted
738	738	9 under the Viatical Settlements Act of 2009.
739	739	10 (bb) Records and information provided to a mortality
740	740	11 review team and records maintained by a mortality review
741	741	12 team appointed under the Department of Juvenile Justice
742	742	13 Mortality Review Team Act.
743	743	14 (cc) Information regarding interments, entombments, or
744	744	15 inurnments of human remains that are submitted to the
745	745	16 Cemetery Oversight Database under the Cemetery Care Act or
746	746	17 the Cemetery Oversight Act, whichever is applicable.
747	747	18 (dd) Correspondence and records (i) that may not be
748	748	19 disclosed under Section 11-9 of the Illinois Public Aid
749	749	20 Code or (ii) that pertain to appeals under Section 11-8 of
750	750	21 the Illinois Public Aid Code.
751	751	22 (ee) The names, addresses, or other personal
752	752	23 information of persons who are minors and are also
753	753	24 participants and registrants in programs of park
754	754	25 districts, forest preserve districts, conservation
755	755	26 districts, recreation agencies, and special recreation
756	756
757	757
758	758
759	759
760	760
761	761	HB1468 - 20 - LRB104 06726 RLC 16762 b
762	762
763	763
764	764	HB1468- 21 -LRB104 06726 RLC 16762 b HB1468 - 21 - LRB104 06726 RLC 16762 b
765	765	HB1468 - 21 - LRB104 06726 RLC 16762 b
766	766	1 associations.
767	767	2 (ff) The names, addresses, or other personal
768	768	3 information of participants and registrants in programs of
769	769	4 park districts, forest preserve districts, conservation
770	770	5 districts, recreation agencies, and special recreation
771	771	6 associations where such programs are targeted primarily to
772	772	7 minors.
773	773	8 (gg) Confidential information described in Section
774	774	9 1-100 of the Illinois Independent Tax Tribunal Act of
775	775	10 2012.
776	776	11 (hh) The report submitted to the State Board of
777	777	12 Education by the School Security and Standards Task Force
778	778	13 under item (8) of subsection (d) of Section 2-3.160 of the
779	779	14 School Code and any information contained in that report.
780	780	15 (ii) Records requested by persons committed to or
781	781	16 detained by the Department of Human Services under the
782	782	17 Sexually Violent Persons Commitment Act or committed to
783	783	18 the Department of Corrections under the Sexually Dangerous
784	784	19 Persons Act if those materials: (i) are available in the
785	785	20 library of the facility where the individual is confined;
786	786	21 (ii) include records from staff members' personnel files,
787	787	22 staff rosters, or other staffing assignment information;
788	788	23 or (iii) are available through an administrative request
789	789	24 to the Department of Human Services or the Department of
790	790	25 Corrections.
791	791	26 (jj) Confidential information described in Section
792	792
793	793
794	794
795	795
796	796
797	797	HB1468 - 21 - LRB104 06726 RLC 16762 b
798	798
799	799
800	800	HB1468- 22 -LRB104 06726 RLC 16762 b HB1468 - 22 - LRB104 06726 RLC 16762 b
801	801	HB1468 - 22 - LRB104 06726 RLC 16762 b
802	802	1 5-535 of the Civil Administrative Code of Illinois.
803	803	2 (kk) The public body's credit card numbers, debit card
804	804	3 numbers, bank account numbers, Federal Employer
805	805	4 Identification Number, security code numbers, passwords,
806	806	5 and similar account information, the disclosure of which
807	807	6 could result in identity theft or impression or defrauding
808	808	7 of a governmental entity or a person.
809	809	8 (ll) Records concerning the work of the threat
810	810	9 assessment team of a school district, including, but not
811	811	10 limited to, any threat assessment procedure under the
812	812	11 School Safety Drill Act and any information contained in
813	813	12 the procedure.
814	814	13 (mm) Information prohibited from being disclosed under
815	815	14 subsections (a) and (b) of Section 15 of the Student
816	816	15 Confidential Reporting Act.
817	817	16 (nn) Proprietary information submitted to the
818	818	17 Environmental Protection Agency under the Drug Take-Back
819	819	18 Act.
820	820	19 (oo) Records described in subsection (f) of Section
821	821	20 3-5-1 of the Unified Code of Corrections.
822	822	21 (pp) Any and all information regarding burials,
823	823	22 interments, or entombments of human remains as required to
824	824	23 be reported to the Department of Natural Resources
825	825	24 pursuant either to the Archaeological and Paleontological
826	826	25 Resources Protection Act or the Human Remains Protection
827	827	26 Act.
828	828
829	829
830	830
831	831
832	832
833	833	HB1468 - 22 - LRB104 06726 RLC 16762 b
834	834
835	835
836	836	HB1468- 23 -LRB104 06726 RLC 16762 b HB1468 - 23 - LRB104 06726 RLC 16762 b
837	837	HB1468 - 23 - LRB104 06726 RLC 16762 b
838	838	1 (qq) Reports described in subsection (e) of Section
839	839	2 16-15 of the Abortion Care Clinical Training Program Act.
840	840	3 (rr) Information obtained by a certified local health
841	841	4 department under the Access to Public Health Data Act.
842	842	5 (ss) For a request directed to a public body that is
843	843	6 also a HIPAA-covered entity, all information that is
844	844	7 protected health information, including demographic
845	845	8 information, that may be contained within or extracted
846	846	9 from any record held by the public body in compliance with
847	847	10 State and federal medical privacy laws and regulations,
848	848	11 including, but not limited to, the Health Insurance
849	849	12 Portability and Accountability Act and its regulations, 45
850	850	13 CFR Parts 160 and 164. As used in this paragraph,
851	851	14 "HIPAA-covered entity" has the meaning given to the term
852	852	15 "covered entity" in 45 CFR 160.103 and "protected health
853	853	16 information" has the meaning given to that term in 45 CFR
854	854	17 160.103.
855	855	18 (tt) Proposals or bids submitted by engineering
856	856	19 consultants in response to requests for proposal or other
857	857	20 competitive bidding requests by the Department of
858	858	21 Transportation or the Illinois Toll Highway Authority.
859	859	22 (1.5) Any information exempt from disclosure under the
860	860	23 Judicial Privacy Act and the Public Safety and Justice Privacy
861	861	24 Act shall be redacted from public records prior to disclosure
862	862	25 under this Act.
863	863	26 (2) A public record that is not in the possession of a
864	864
865	865
866	866
867	867
868	868
869	869	HB1468 - 23 - LRB104 06726 RLC 16762 b
870	870
871	871
872	872	HB1468- 24 -LRB104 06726 RLC 16762 b HB1468 - 24 - LRB104 06726 RLC 16762 b
873	873	HB1468 - 24 - LRB104 06726 RLC 16762 b
874	874	1 public body but is in the possession of a party with whom the
875	875	2 agency has contracted to perform a governmental function on
876	876	3 behalf of the public body, and that directly relates to the
877	877	4 governmental function and is not otherwise exempt under this
878	878	5 Act, shall be considered a public record of the public body,
879	879	6 for purposes of this Act.
880	880	7 (3) This Section does not authorize withholding of
881	881	8 information or limit the availability of records to the
882	882	9 public, except as stated in this Section or otherwise provided
883	883	10 in this Act.
884	884	11 (Source: P.A. 102-38, eff. 6-25-21; 102-558, eff. 8-20-21;
885	885	12 102-694, eff. 1-7-22; 102-752, eff. 5-6-22; 102-753, eff.
886	886	13 1-1-23; 102-776, eff. 1-1-23; 102-791, eff. 5-13-22; 102-982,
887	887	14 eff. 7-1-23; 102-1055, eff. 6-10-22; 103-154, eff. 6-30-23;
888	888	15 103-423, eff. 1-1-24; 103-446, eff. 8-4-23; 103-462, eff.
889	889	16 8-4-23; 103-540, eff. 1-1-24; 103-554, eff. 1-1-24; 103-605,
890	890	17 eff. 7-1-24; 103-865, eff. 1-1-25.)
891	891	18 Section 105. The Election Code is amended by adding
892	892	19 Section 10-10.3 as follows:
893	893	20 (10 ILCS 5/10-10.3 new)
894	894	21 Sec. 10-10.3. Removal of an official's address information
895	895	22 from the certificate of nomination or nomination papers.
896	896	23 (a) As used in this Section, "home address" and "official"
897	897	24 have the meanings given to those terms in Section 5 of the
898	898
899	899
900	900
901	901
902	902
903	903	HB1468 - 24 - LRB104 06726 RLC 16762 b
904	904
905	905
906	906	HB1468- 25 -LRB104 06726 RLC 16762 b HB1468 - 25 - LRB104 06726 RLC 16762 b
907	907	HB1468 - 25 - LRB104 06726 RLC 16762 b
908	908	1 Public Safety and Justice Privacy Act.
909	909	2 (b) Upon expiration of the period for filing an objection
910	910	3 to an official's certificate of nomination or nomination
911	911	4 papers, an official who is a candidate may file a written
912	912	5 request with the State Board of Elections for redaction of the
913	913	6 official's home address information from the official's
914	914	7 certificate of nomination or nomination papers. After receipt
915	915	8 of the official's written request, the State Board of
916	916	9 Elections shall redact or cause redaction of the official's
917	917	10 home address from the official's certificate of nomination or
918	918	11 nomination papers within 5 business days.
919	919	12 (c) Prior to expiration of the period for filing an
920	920	13 objection to an official's certificate of nomination or
921	921	14 nomination papers, the home address information from the
922	922	15 certificate of nomination or nomination papers of an official
923	923	16 who is a candidate is available for public inspection. After
924	924	17 redaction of an official's home address information under
925	925	18 subsection (b), the home address information is available only
926	926	19 for in camera inspection by the court reviewing an objection
927	927	20 to the official's certificate of nomination or nomination
928	928	21 papers.
929	929	22 Section 110. The Illinois Identification Card Act is
930	930	23 amended by changing Sections 4 and 5 as follows:
931	931	24 (15 ILCS 335/4)
932	932
933	933
934	934
935	935
936	936
937	937	HB1468 - 25 - LRB104 06726 RLC 16762 b
938	938
939	939
940	940	HB1468- 26 -LRB104 06726 RLC 16762 b HB1468 - 26 - LRB104 06726 RLC 16762 b
941	941	HB1468 - 26 - LRB104 06726 RLC 16762 b
942	942	1 Sec. 4. Identification card.
943	943	2 (a) In accordance with the requirements of this Section,
944	944	3 the Secretary of State shall issue a standard Illinois
945	945	4 Identification Card, as well as a mobile Illinois
946	946	5 Identification Card, to any natural person who is a resident
947	947	6 of the State of Illinois who applies for such a card, or
948	948	7 renewal thereof. No identification card shall be issued to any
949	949	8 person who holds a valid foreign state identification card,
950	950	9 license, or permit unless the person first surrenders to the
951	951	10 Secretary of State the valid foreign state identification
952	952	11 card, license, or permit. The card shall be prepared and
953	953	12 supplied by the Secretary of State and shall include a
954	954	13 photograph and signature or mark of the applicant. However,
955	955	14 the Secretary of State may provide by rule for the issuance of
956	956	15 Illinois Identification Cards without photographs if the
957	957	16 applicant has a bona fide religious objection to being
958	958	17 photographed or to the display of his or her photograph. The
959	959	18 Illinois Identification Card may be used for identification
960	960	19 purposes in any lawful situation only by the person to whom it
961	961	20 was issued. As used in this Act, "photograph" means any color
962	962	21 photograph or digitally produced and captured image of an
963	963	22 applicant for an identification card. As used in this Act,
964	964	23 "signature" means the name of a person as written by that
965	965	24 person and captured in a manner acceptable to the Secretary of
966	966	25 State.
967	967	26 (a-5) If an applicant for an identification card has a
968	968
969	969
970	970
971	971
972	972
973	973	HB1468 - 26 - LRB104 06726 RLC 16762 b
974	974
975	975
976	976	HB1468- 27 -LRB104 06726 RLC 16762 b HB1468 - 27 - LRB104 06726 RLC 16762 b
977	977	HB1468 - 27 - LRB104 06726 RLC 16762 b
978	978	1 current driver's license or instruction permit issued by the
979	979	2 Secretary of State, the Secretary may require the applicant to
980	980	3 utilize the same residence address and name on the
981	981	4 identification card, driver's license, and instruction permit
982	982	5 records maintained by the Secretary. The Secretary may
983	983	6 promulgate rules to implement this provision.
984	984	7 (a-10) If the applicant is a judicial officer as defined
985	985	8 in Section 1-10 of the Judicial Privacy Act, an official as
986	986	9 defined in Section 5 of the Public Safety and Justice Privacy
987	987	10 Act, or a peace officer, the applicant may elect to have his or
988	988	11 her office or work address listed on the card instead of the
989	989	12 applicant's residence or mailing address. The Secretary may
990	990	13 promulgate rules to implement this provision. For the purposes
991	991	14 of this subsection (a-10), "peace officer" means any person
992	992	15 who by virtue of his or her office or public employment is
993	993	16 vested by law with a duty to maintain public order or to make
994	994	17 arrests for a violation of any penal statute of this State,
995	995	18 whether that duty extends to all violations or is limited to
996	996	19 specific violations.
997	997	20 (a-15) The Secretary of State may provide for an expedited
998	998	21 process for the issuance of an Illinois Identification Card.
999	999	22 The Secretary shall charge an additional fee for the expedited
1000	1000	23 issuance of an Illinois Identification Card, to be set by
1001	1001	24 rule, not to exceed $75. All fees collected by the Secretary
1002	1002	25 for expedited Illinois Identification Card service shall be
1003	1003	26 deposited into the Secretary of State Special Services Fund.
1004	1004
1005	1005
1006	1006
1007	1007
1008	1008
1009	1009	HB1468 - 27 - LRB104 06726 RLC 16762 b
1010	1010
1011	1011
1012	1012	HB1468- 28 -LRB104 06726 RLC 16762 b HB1468 - 28 - LRB104 06726 RLC 16762 b
1013	1013	HB1468 - 28 - LRB104 06726 RLC 16762 b
1014	1014	1 The Secretary may adopt rules regarding the eligibility,
1015	1015	2 process, and fee for an expedited Illinois Identification
1016	1016	3 Card. If the Secretary of State determines that the volume of
1017	1017	4 expedited identification card requests received on a given day
1018	1018	5 exceeds the ability of the Secretary to process those requests
1019	1019	6 in an expedited manner, the Secretary may decline to provide
1020	1020	7 expedited services, and the additional fee for the expedited
1021	1021	8 service shall be refunded to the applicant.
1022	1022	9 (a-20) The Secretary of State shall issue a standard
1023	1023	10 Illinois Identification Card to a person committed to the
1024	1024	11 Department of Corrections, the Department of Juvenile Justice,
1025	1025	12 a Federal Bureau of Prisons facility located in Illinois, or a
1026	1026	13 county jail or county department of corrections as follows: if
1027	1027	14 the person has a social security number,
1028	1028	15 (1) A committed person who has previously held an
1029	1029	16 Illinois Identification Card or an Illinois driver's
1030	1030	17 license shall submit an Identification Card verification
1031	1031	18 form to the Secretary of State, including a photograph
1032	1032	19 taken by the correctional facility, proof of residency
1033	1033	20 upon discharge, and a social security number, if the
1034	1034	21 committed person has a social security number. If the
1035	1035	22 committed person does not have a social security number
1036	1036	23 and is eligible for a social security number, the
1037	1037	24 Secretary of State shall not issue a standard Illinois
1038	1038	25 Identification Card until the committed person obtains a
1039	1039	26 social security number. If the committed person's
1040	1040
1041	1041
1042	1042
1043	1043
1044	1044
1045	1045	HB1468 - 28 - LRB104 06726 RLC 16762 b
1046	1046
1047	1047
1048	1048	HB1468- 29 -LRB104 06726 RLC 16762 b HB1468 - 29 - LRB104 06726 RLC 16762 b
1049	1049	HB1468 - 29 - LRB104 06726 RLC 16762 b
1050	1050	1 photograph and demographic information matches an existing
1051	1051	2 Illinois Identification Card or Illinois driver's license
1052	1052	3 and the Secretary of State verifies the applicant's social
1053	1053	4 security number with the Social Security Administration,
1054	1054	5 the Secretary of State shall issue the committed person a
1055	1055	6 standard Illinois Identification Card. If the photograph
1056	1056	7 or demographic information matches an existing Illinois
1057	1057	8 Identification Card or Illinois driver's license in
1058	1058	9 another person's name or identity, a standard Illinois
1059	1059	10 Identification Card shall not be issued until the
1060	1060	11 committed person submits a certified birth certificate and
1061	1061	12 social security card to the Secretary of State and the
1062	1062	13 Secretary of State verifies the identity of the committed
1063	1063	14 person. If the Secretary of State cannot find a match to an
1064	1064	15 existing Illinois Identification Card or Illinois driver's
1065	1065	16 license, the committed person may apply for a standard
1066	1066	17 Illinois Identification card as described in paragraph
1067	1067	18 (2).
1068	1068	19 (2) A committed person who has not previously held an
1069	1069	20 Illinois Identification Card or Illinois driver's license
1070	1070	21 or for whom a match cannot be found as described in
1071	1071	22 paragraph (1) shall submit an Illinois Identification Card
1072	1072	23 verification form, including a photograph taken by the
1073	1073	24 correctional facility, a certified birth certificate,
1074	1074	25 proof of residency upon discharge, and a social security
1075	1075	26 number, if the committed has a social security number. If
1076	1076
1077	1077
1078	1078
1079	1079
1080	1080
1081	1081	HB1468 - 29 - LRB104 06726 RLC 16762 b
1082	1082
1083	1083
1084	1084	HB1468- 30 -LRB104 06726 RLC 16762 b HB1468 - 30 - LRB104 06726 RLC 16762 b
1085	1085	HB1468 - 30 - LRB104 06726 RLC 16762 b
1086	1086	1 the committed person does not have a social security
1087	1087	2 number and is eligible for a social security number, the
1088	1088	3 Secretary of State shall not issue a standard Illinois
1089	1089	4 Identification Card until the committed person obtains a
1090	1090	5 social security number. If the Secretary of State verifies
1091	1091	6 the applicant's social security number with the Social
1092	1092	7 Security Administration, the Secretary of State shall
1093	1093	8 issue the committed person a standard Illinois
1094	1094	9 Identification Card.
1095	1095	10 The Illinois Identification Card verification form
1096	1096	11 described in this subsection shall be prescribed by the
1097	1097	12 Secretary of State. The Secretary of State and correctional
1098	1098	13 facilities in this State shall establish a secure method to
1099	1099	14 transfer the form.
1100	1100	15 (a-25) The Secretary of State shall issue a limited-term
1101	1101	16 Illinois Identification Card valid for 90 days to a committed
1102	1102	17 person upon release on parole, mandatory supervised release,
1103	1103	18 aftercare release, final discharge, or pardon from the
1104	1104	19 Department of Corrections, the Department of Juvenile Justice,
1105	1105	20 a Federal Bureau of Prisons facility located in Illinois, or a
1106	1106	21 county jail or county department of corrections, if the
1107	1107	22 released person does not obtain a standard Illinois
1108	1108	23 Identification Card as described in subsection (a-20) prior to
1109	1109	24 release but does present a Secretary of State prescribed
1110	1110	25 Identification Card verification form completed by the
1111	1111	26 correctional facility, verifying the released person's date of
1112	1112
1113	1113
1114	1114
1115	1115
1116	1116
1117	1117	HB1468 - 30 - LRB104 06726 RLC 16762 b
1118	1118
1119	1119
1120	1120	HB1468- 31 -LRB104 06726 RLC 16762 b HB1468 - 31 - LRB104 06726 RLC 16762 b
1121	1121	HB1468 - 31 - LRB104 06726 RLC 16762 b
1122	1122	1 birth, social security number, if the person has a social
1123	1123	2 security number, and his or her Illinois residence address.
1124	1124	3 The verification form must have been completed no more than 30
1125	1125	4 days prior to the date of application for the Illinois
1126	1126	5 Identification Card.
1127	1127	6 Prior to the expiration of the 90-day period of the
1128	1128	7 limited-term Illinois Identification Card, if the released
1129	1129	8 person submits to the Secretary of State a certified copy of
1130	1130	9 his or her birth certificate and his or her social security
1131	1131	10 card, if the person has a social security number, or other
1132	1132	11 documents authorized by the Secretary, a standard Illinois
1133	1133	12 Identification Card shall be issued. A limited-term Illinois
1134	1134	13 Identification Card may not be renewed.
1135	1135	14 This subsection shall not apply to a released person who
1136	1136	15 was unable to obtain a standard Illinois Identification Card
1137	1137	16 because his or her photograph or demographic information
1138	1138	17 matched an existing Illinois Identification Card or Illinois
1139	1139	18 driver's license in another person's name or identity or to a
1140	1140	19 released person who does not have a social security number and
1141	1141	20 is eligible for a social security number.
1142	1142	21 (a-30) The Secretary of State shall issue a standard
1143	1143	22 Illinois Identification Card to a person upon conditional
1144	1144	23 release or absolute discharge from the custody of the
1145	1145	24 Department of Human Services, if the person presents a
1146	1146	25 certified copy of his or her birth certificate, social
1147	1147	26 security card, if the person has a social security number, or
1148	1148
1149	1149
1150	1150
1151	1151
1152	1152
1153	1153	HB1468 - 31 - LRB104 06726 RLC 16762 b
1154	1154
1155	1155
1156	1156	HB1468- 32 -LRB104 06726 RLC 16762 b HB1468 - 32 - LRB104 06726 RLC 16762 b
1157	1157	HB1468 - 32 - LRB104 06726 RLC 16762 b
1158	1158	1 other documents authorized by the Secretary, and a document
1159	1159	2 proving his or her Illinois residence address. The Secretary
1160	1160	3 of State shall issue a standard Illinois Identification Card
1161	1161	4 to a person prior to his or her conditional release or absolute
1162	1162	5 discharge if personnel from the Department of Human Services
1163	1163	6 bring the person to a Secretary of State location with the
1164	1164	7 required documents. Documents proving residence address may
1165	1165	8 include any official document of the Department of Human
1166	1166	9 Services showing the person's address after release and a
1167	1167	10 Secretary of State prescribed verification form, which may be
1168	1168	11 executed by personnel of the Department of Human Services.
1169	1169	12 (a-35) The Secretary of State shall issue a limited-term
1170	1170	13 Illinois Identification Card valid for 90 days to a person
1171	1171	14 upon conditional release or absolute discharge from the
1172	1172	15 custody of the Department of Human Services, if the person is
1173	1173	16 unable to present a certified copy of his or her birth
1174	1174	17 certificate and social security card, if the person has a
1175	1175	18 social security number, or other documents authorized by the
1176	1176	19 Secretary, but does present a Secretary of State prescribed
1177	1177	20 verification form completed by the Department of Human
1178	1178	21 Services, verifying the person's date of birth and social
1179	1179	22 security number, if the person has a social security number,
1180	1180	23 and a document proving his or her Illinois residence address.
1181	1181	24 The verification form must have been completed no more than 30
1182	1182	25 days prior to the date of application for the Illinois
1183	1183	26 Identification Card. The Secretary of State shall issue a
1184	1184
1185	1185
1186	1186
1187	1187
1188	1188
1189	1189	HB1468 - 32 - LRB104 06726 RLC 16762 b
1190	1190
1191	1191
1192	1192	HB1468- 33 -LRB104 06726 RLC 16762 b HB1468 - 33 - LRB104 06726 RLC 16762 b
1193	1193	HB1468 - 33 - LRB104 06726 RLC 16762 b
1194	1194	1 limited-term Illinois Identification Card to a person no
1195	1195	2 sooner than 14 days prior to his or her conditional release or
1196	1196	3 absolute discharge if personnel from the Department of Human
1197	1197	4 Services bring the person to a Secretary of State location
1198	1198	5 with the required documents. Documents proving residence
1199	1199	6 address shall include any official document of the Department
1200	1200	7 of Human Services showing the person's address after release
1201	1201	8 and a Secretary of State prescribed verification form, which
1202	1202	9 may be executed by personnel of the Department of Human
1203	1203	10 Services.
1204	1204	11 (b) The Secretary of State shall issue a special Illinois
1205	1205	12 Identification Card, which shall be known as an Illinois
1206	1206	13 Person with a Disability Identification Card, to any natural
1207	1207	14 person who is a resident of the State of Illinois, who is a
1208	1208	15 person with a disability as defined in Section 4A of this Act,
1209	1209	16 who applies for such card, or renewal thereof. No Illinois
1210	1210	17 Person with a Disability Identification Card shall be issued
1211	1211	18 to any person who holds a valid foreign state identification
1212	1212	19 card, license, or permit unless the person first surrenders to
1213	1213	20 the Secretary of State the valid foreign state identification
1214	1214	21 card, license, or permit. The Secretary of State shall charge
1215	1215	22 no fee to issue such card. The card shall be prepared and
1216	1216	23 supplied by the Secretary of State, and shall include a
1217	1217	24 photograph and signature or mark of the applicant, a
1218	1218	25 designation indicating that the card is an Illinois Person
1219	1219	26 with a Disability Identification Card, and shall include a
1220	1220
1221	1221
1222	1222
1223	1223
1224	1224
1225	1225	HB1468 - 33 - LRB104 06726 RLC 16762 b
1226	1226
1227	1227
1228	1228	HB1468- 34 -LRB104 06726 RLC 16762 b HB1468 - 34 - LRB104 06726 RLC 16762 b
1229	1229	HB1468 - 34 - LRB104 06726 RLC 16762 b
1230	1230	1 comprehensible designation of the type and classification of
1231	1231	2 the applicant's disability as set out in Section 4A of this
1232	1232	3 Act. However, the Secretary of State may provide by rule for
1233	1233	4 the issuance of Illinois Person with a Disability
1234	1234	5 Identification Cards without photographs if the applicant has
1235	1235	6 a bona fide religious objection to being photographed or to
1236	1236	7 the display of his or her photograph. If the applicant so
1237	1237	8 requests, the card shall include a description of the
1238	1238	9 applicant's disability and any information about the
1239	1239	10 applicant's disability or medical history which the Secretary
1240	1240	11 determines would be helpful to the applicant in securing
1241	1241	12 emergency medical care. If a mark is used in lieu of a
1242	1242	13 signature, such mark shall be affixed to the card in the
1243	1243	14 presence of 2 two witnesses who attest to the authenticity of
1244	1244	15 the mark. The Illinois Person with a Disability Identification
1245	1245	16 Card may be used for identification purposes in any lawful
1246	1246	17 situation by the person to whom it was issued.
1247	1247	18 The Illinois Person with a Disability Identification Card
1248	1248	19 may be used as adequate documentation of disability in lieu of
1249	1249	20 a physician's determination of disability, a determination of
1250	1250	21 disability from a physician assistant, a determination of
1251	1251	22 disability from an advanced practice registered nurse, or any
1252	1252	23 other documentation of disability whenever any State law
1253	1253	24 requires that a person with a disability provide such
1254	1254	25 documentation of disability, however an Illinois Person with a
1255	1255	26 Disability Identification Card shall not qualify the
1256	1256
1257	1257
1258	1258
1259	1259
1260	1260
1261	1261	HB1468 - 34 - LRB104 06726 RLC 16762 b
1262	1262
1263	1263
1264	1264	HB1468- 35 -LRB104 06726 RLC 16762 b HB1468 - 35 - LRB104 06726 RLC 16762 b
1265	1265	HB1468 - 35 - LRB104 06726 RLC 16762 b
1266	1266	1 cardholder to participate in any program or to receive any
1267	1267	2 benefit which is not available to all persons with like
1268	1268	3 disabilities. Notwithstanding any other provisions of law, an
1269	1269	4 Illinois Person with a Disability Identification Card, or
1270	1270	5 evidence that the Secretary of State has issued an Illinois
1271	1271	6 Person with a Disability Identification Card, shall not be
1272	1272	7 used by any person other than the person named on such card to
1273	1273	8 prove that the person named on such card is a person with a
1274	1274	9 disability or for any other purpose unless the card is used for
1275	1275	10 the benefit of the person named on such card, and the person
1276	1276	11 named on such card consents to such use at the time the card is
1277	1277	12 so used.
1278	1278	13 An optometrist's determination of a visual disability
1279	1279	14 under Section 4A of this Act is acceptable as documentation
1280	1280	15 for the purpose of issuing an Illinois Person with a
1281	1281	16 Disability Identification Card.
1282	1282	17 When medical information is contained on an Illinois
1283	1283	18 Person with a Disability Identification Card, the Office of
1284	1284	19 the Secretary of State shall not be liable for any actions
1285	1285	20 taken based upon that medical information.
1286	1286	21 (c) The Secretary of State shall provide that each
1287	1287	22 original or renewal Illinois Identification Card or Illinois
1288	1288	23 Person with a Disability Identification Card issued to a
1289	1289	24 person under the age of 21 shall be of a distinct nature from
1290	1290	25 those Illinois Identification Cards or Illinois Person with a
1291	1291	26 Disability Identification Cards issued to individuals 21 years
1292	1292
1293	1293
1294	1294
1295	1295
1296	1296
1297	1297	HB1468 - 35 - LRB104 06726 RLC 16762 b
1298	1298
1299	1299
1300	1300	HB1468- 36 -LRB104 06726 RLC 16762 b HB1468 - 36 - LRB104 06726 RLC 16762 b
1301	1301	HB1468 - 36 - LRB104 06726 RLC 16762 b
1302	1302	1 of age or older. The color designated for Illinois
1303	1303	2 Identification Cards or Illinois Person with a Disability
1304	1304	3 Identification Cards for persons under the age of 21 shall be
1305	1305	4 at the discretion of the Secretary of State.
1306	1306	5 (c-1) Each original or renewal Illinois Identification
1307	1307	6 Card or Illinois Person with a Disability Identification Card
1308	1308	7 issued to a person under the age of 21 shall display the date
1309	1309	8 upon which the person becomes 18 years of age and the date upon
1310	1310	9 which the person becomes 21 years of age.
1311	1311	10 (c-3) The General Assembly recognizes the need to identify
1312	1312	11 military veterans living in this State for the purpose of
1313	1313	12 ensuring that they receive all of the services and benefits to
1314	1314	13 which they are legally entitled, including healthcare,
1315	1315	14 education assistance, and job placement. To assist the State
1316	1316	15 in identifying these veterans and delivering these vital
1317	1317	16 services and benefits, the Secretary of State is authorized to
1318	1318	17 issue Illinois Identification Cards and Illinois Person with a
1319	1319	18 Disability Identification Cards with the word "veteran"
1320	1320	19 appearing on the face of the cards. This authorization is
1321	1321	20 predicated on the unique status of veterans. The Secretary may
1322	1322	21 not issue any other identification card which identifies an
1323	1323	22 occupation, status, affiliation, hobby, or other unique
1324	1324	23 characteristics of the identification card holder which is
1325	1325	24 unrelated to the purpose of the identification card.
1326	1326	25 (c-5) Beginning on or before July 1, 2015, the Secretary
1327	1327	26 of State shall designate a space on each original or renewal
1328	1328
1329	1329
1330	1330
1331	1331
1332	1332
1333	1333	HB1468 - 36 - LRB104 06726 RLC 16762 b
1334	1334
1335	1335
1336	1336	HB1468- 37 -LRB104 06726 RLC 16762 b HB1468 - 37 - LRB104 06726 RLC 16762 b
1337	1337	HB1468 - 37 - LRB104 06726 RLC 16762 b
1338	1338	1 identification card where, at the request of the applicant,
1339	1339	2 the word "veteran" shall be placed. The veteran designation
1340	1340	3 shall be available to a person identified as a veteran under
1341	1341	4 subsection (b) of Section 5 of this Act who was discharged or
1342	1342	5 separated under honorable conditions.
1343	1343	6 (d) The Secretary of State may issue a Senior Citizen
1344	1344	7 discount card, to any natural person who is a resident of the
1345	1345	8 State of Illinois who is 60 years of age or older and who
1346	1346	9 applies for such a card or renewal thereof. The Secretary of
1347	1347	10 State shall charge no fee to issue such card. The card shall be
1348	1348	11 issued in every county and applications shall be made
1349	1349	12 available at, but not limited to, nutrition sites, senior
1350	1350	13 citizen centers and Area Agencies on Aging. The applicant,
1351	1351	14 upon receipt of such card and prior to its use for any purpose,
1352	1352	15 shall have affixed thereon in the space provided therefor his
1353	1353	16 signature or mark.
1354	1354	17 (e) The Secretary of State, in his or her discretion, may
1355	1355	18 designate on each Illinois Identification Card or Illinois
1356	1356	19 Person with a Disability Identification Card a space where the
1357	1357	20 card holder may place a sticker or decal, issued by the
1358	1358	21 Secretary of State, of uniform size as the Secretary may
1359	1359	22 specify, that shall indicate in appropriate language that the
1360	1360	23 card holder has renewed his or her Illinois Identification
1361	1361	24 Card or Illinois Person with a Disability Identification Card.
1362	1362	25 (f)(1) The Secretary of State may issue a mobile
1363	1363	26 identification card to an individual who is otherwise eligible
1364	1364
1365	1365
1366	1366
1367	1367
1368	1368
1369	1369	HB1468 - 37 - LRB104 06726 RLC 16762 b
1370	1370
1371	1371
1372	1372	HB1468- 38 -LRB104 06726 RLC 16762 b HB1468 - 38 - LRB104 06726 RLC 16762 b
1373	1373	HB1468 - 38 - LRB104 06726 RLC 16762 b
1374	1374	1 to hold a physical credential in addition to, and not instead
1375	1375	2 of, an identification card if the Secretary of State has
1376	1376	3 issued an identification card to the person. The data elements
1377	1377	4 that are used to build an electronic credential must match the
1378	1378	5 individual's current Department record.
1379	1379	6 (2) The Secretary may enter into agreements or contract
1380	1380	7 with an agency of the State, another state, the United States,
1381	1381	8 or a third party to facilitate the issuance, use, and
1382	1382	9 verification of a mobile identification card issued by the
1383	1383	10 Secretary or another state.
1384	1384	11 (3) Any mobile identification card issued by the Secretary
1385	1385	12 shall be in accordance with the most recent AAMVA standards.
1386	1386	13 (4) The Secretary shall design the mobile identification
1387	1387	14 card in a manner that allows the credential holder to maintain
1388	1388	15 physical possession of the device on which the mobile
1389	1389	16 identification card is accessed during verification.
1390	1390	17 (g) The verification process shall be implemented to
1391	1391	18 require:
1392	1392	19 (1) the relying parties to authenticate electronic
1393	1393	20 credentials in accordance with applicable AAMVA standards
1394	1394	21 prior to acceptance of the electronic credential;
1395	1395	22 (2) the Secretary to ensure that electronic credential
1396	1396	23 data is subject to all jurisdictional data security and
1397	1397	24 privacy protection laws and regulations; and
1398	1398	25 (3) the relying parties to request only electronic
1399	1399	26 credential data elements that are necessary to complete
1400	1400
1401	1401
1402	1402
1403	1403
1404	1404
1405	1405	HB1468 - 38 - LRB104 06726 RLC 16762 b
1406	1406
1407	1407
1408	1408	HB1468- 39 -LRB104 06726 RLC 16762 b HB1468 - 39 - LRB104 06726 RLC 16762 b
1409	1409	HB1468 - 39 - LRB104 06726 RLC 16762 b
1410	1410	1 the transaction for which data is being requested.
1411	1411	2 (h) Privacy and tracking of data shall be restricted by
1412	1412	3 implementing the following requirements:
1413	1413	4 (1) the relying parties shall retain only electronic
1414	1414	5 credential data elements for which the relying party
1415	1415	6 explicitly obtained consent from the electronic credential
1416	1416	7 holder and shall inform the electronic credential holder
1417	1417	8 of the use and retention period of the electronic data
1418	1418	9 elements;
1419	1419	10 (2) the Secretary shall use an electronic credential
1420	1420	11 system that is designed to maximize the privacy of the
1421	1421	12 credential holder in accordance with State and federal law
1422	1422	13 and shall not track or compile information without the
1423	1423	14 credential holder's consent; and
1424	1424	15 (3) the Department shall only compile and disclose
1425	1425	16 information regarding the use of the credential as
1426	1426	17 required by State or federal law.
1427	1427	18 (i)(1) The electronic credential holder shall be required
1428	1428	19 to have the holder's their physical credential on the holder's
1429	1429	20 their person for all purposes for which an identification card
1430	1430	21 is required. No person, public entity, private entity, or
1431	1431	22 agency shall establish a policy that requires an electronic
1432	1432	23 credential instead of a physical credential.
1433	1433	24 (2) Electronic credential systems shall be designed so
1434	1434	25 that there is no requirement for the electronic credential
1435	1435	26 holder to display or relinquish possession of the credential
1436	1436
1437	1437
1438	1438
1439	1439
1440	1440
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1442	1442
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1446	1446	1 holder's mobile device to relying parties for the acceptance
1447	1447	2 of an electronic credential.
1448	1448	3 (3) When required by law and upon request by law
1449	1449	4 enforcement, a credential holder must provide the credential
1450	1450	5 holder's physical credential.
1451	1451	6 (4) Any law or regulation that requires an individual to
1452	1452	7 surrender the individual's their physical credential to law
1453	1453	8 enforcement does not apply to the device on which an
1454	1454	9 electronic credential has been provisioned.
1455	1455	10 (j) A person may be required to produce when so requested a
1456	1456	11 physical identification card to a law enforcement officer, a
1457	1457	12 representative of a State or federal department or agency, or
1458	1458	13 a private entity and is subject to all applicable laws and
1459	1459	14 consequences for failure to produce such an identification
1460	1460	15 card.
1461	1461	16 (k) The Secretary of State shall adopt such rules as are
1462	1462	17 necessary to implement a mobile identification card.
1463	1463	18 (l) The display of a mobile identification card shall not
1464	1464	19 serve as consent or authorization for a law enforcement
1465	1465	20 officer, or any other person, to search, view, or access any
1466	1466	21 other data or application on the mobile device. If a person
1467	1467	22 presents the person's mobile device to a law enforcement
1468	1468	23 officer for purposes of displaying a mobile identification
1469	1469	24 card, the law enforcement officer shall promptly return the
1470	1470	25 mobile device to the person once the officer has had an
1471	1471	26 opportunity to verify the identity of the person. Except for
1472	1472
1473	1473
1474	1474
1475	1475
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1478	1478
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1482	1482	1 willful and wanton misconduct, any law enforcement officer,
1483	1483	2 court, or officer of the court presented with the device shall
1484	1484	3 be immune from any liability resulting from damage to the
1485	1485	4 mobile device.
1486	1486	5 (m) The fee to install the application to display a mobile
1487	1487	6 identification card as defined in this subsection shall not
1488	1488	7 exceed $6.
1489	1489	8 (n) As used in this Section:
1490	1490	9 "AAMVA" means the American Association of Motor Vehicle
1491	1491	10 Administrators.
1492	1492	11 "Credential" means a driver's license, learner's permit,
1493	1493	12 or identification card.
1494	1494	13 "Credential holder" means the individual to whom a mobile
1495	1495	14 driver's license or a mobile identification card is issued.
1496	1496	15 "Data element" means a distinct component of a customer's
1497	1497	16 information that is found on the Department's customer record.
1498	1498	17 "Department" means the Secretary of State Department of
1499	1499	18 Driver Services.
1500	1500	19 "Electronic credential" means an electronic extension of
1501	1501	20 the departmental issued physical credential that conveys
1502	1502	21 identity and complies with AAMVA's mobile driver license
1503	1503	22 Implementation guidelines and the ISO/IEC 18013-5 standard.
1504	1504	23 "Electronic credential system" means a digital process
1505	1505	24 that includes a method for provisioning electronic
1506	1506	25 credentials, requesting and transmitting electronic credential
1507	1507	26 data elements, and performing tasks to maintain the system.
1508	1508
1509	1509
1510	1510
1511	1511
1512	1512
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1514	1514
1515	1515
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1517	1517	HB1468 - 42 - LRB104 06726 RLC 16762 b
1518	1518	1 "Full profile" means all the information provided on an
1519	1519	2 identification card.
1520	1520	3 "ISO" means the International Organization for
1521	1521	4 Standardization, which creates uniform processes and
1522	1522	5 procedures.
1523	1523	6 "Limited profile" means a portion of the information
1524	1524	7 provided on an Identification Card.
1525	1525	8 "Mobile identification card" means a data file that is
1526	1526	9 available on any mobile device that has connectivity to the
1527	1527	10 Internet through an application that allows the mobile device
1528	1528	11 to download the data file from the Secretary of State, that
1529	1529	12 contains all the data elements visible on the face and back of
1530	1530	13 an identification card, and that displays the current status
1531	1531	14 of the identification card. "Mobile identification card" does
1532	1532	15 not include a copy, photograph, or image of an Illinois
1533	1533	16 Identification Card that is not downloaded through the
1534	1534	17 application on a mobile device.
1535	1535	18 "Physical credential" means a Department-issued Department
1536	1536	19 issued document that conveys identity in accordance with the
1537	1537	20 Illinois Identification Card Act.
1538	1538	21 "Provision" means the initial loading of an electronic
1539	1539	22 credential onto a device.
1540	1540	23 "Relying party" means the entity to which the credential
1541	1541	24 holder presents the electronic credential.
1542	1542	25 "Verification process" means a method of authenticating
1543	1543	26 the electronic credential through the use of secured
1544	1544
1545	1545
1546	1546
1547	1547
1548	1548
1549	1549	HB1468 - 42 - LRB104 06726 RLC 16762 b
1550	1550
1551	1551
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1554	1554	1 encryption communication.
1555	1555	2 (o) (f) Upon providing the required documentation, at the
1556	1556	3 request of the applicant, the identification card may reflect
1557	1557	4 Gold Star Family designation. The Secretary shall designate a
1558	1558	5 space on each original or renewal of an identification card
1559	1559	6 for such designation. This designation shall be available to a
1560	1560	7 person eligible for Gold Star license plates under subsection
1561	1561	8 (f) of Section 6-106 of the Illinois Vehicle Code.
1562	1562	9 (Source: P.A. 102-299, eff. 8-6-21; 103-210, eff. 7-1-24;
1563	1563	10 103-345, eff. 1-1-24; 103-605, eff. 7-1-24; 103-782, eff.
1564	1564	11 8-6-24; 103-824, eff. 1-1-25; 103-933, eff. 1-1-25; revised
1565	1565	12 11-26-24.)
1566	1566	13 (15 ILCS 335/5)
1567	1567	14 Sec. 5. Applications.
1568	1568	15 (a) Any natural person who is a resident of the State of
1569	1569	16 Illinois may file an application for an identification card,
1570	1570	17 or for the renewal thereof, in a manner prescribed by the
1571	1571	18 Secretary. Each original application shall be completed by the
1572	1572	19 applicant in full and shall set forth the legal name,
1573	1573	20 residence address and zip code, social security number, if the
1574	1574	21 person has a social security number, birth date, sex and a
1575	1575	22 brief description of the applicant. The applicant shall be
1576	1576	23 photographed, unless the Secretary of State has provided by
1577	1577	24 rule for the issuance of identification cards without
1578	1578	25 photographs and the applicant is deemed eligible for an
1579	1579
1580	1580
1581	1581
1582	1582
1583	1583
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1585	1585
1586	1586
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1588	1588	HB1468 - 44 - LRB104 06726 RLC 16762 b
1589	1589	1 identification card without a photograph under the terms and
1590	1590	2 conditions imposed by the Secretary of State, and he or she
1591	1591	3 shall also submit any other information as the Secretary may
1592	1592	4 deem necessary or such documentation as the Secretary may
1593	1593	5 require to determine the identity of the applicant. In
1594	1594	6 addition to the residence address, the Secretary may allow the
1595	1595	7 applicant to provide a mailing address. If the applicant is an
1596	1596	8 employee of the Department of Children and Family Services
1597	1597	9 with a job title of "Child Protection Specialist Trainee",
1598	1598	10 "Child Protection Specialist", "Child Protection Advanced
1599	1599	11 Specialist", "Child Welfare Specialist Trainee", "Child
1600	1600	12 Welfare Specialist", or "Child Welfare Advanced Specialist" or
1601	1601	13 a judicial officer as defined in Section 1-10 of the Judicial
1602	1602	14 Privacy Act, an official as defined in Section 5 of the Public
1603	1603	15 Safety and Justice Privacy Act, or a peace officer, the
1604	1604	16 applicant may elect to have his or her office or work address
1605	1605	17 in lieu of the applicant's residence or mailing address. An
1606	1606	18 applicant for an Illinois Person with a Disability
1607	1607	19 Identification Card must also submit with each original or
1608	1608	20 renewal application, on forms prescribed by the Secretary,
1609	1609	21 such documentation as the Secretary may require, establishing
1610	1610	22 that the applicant is a "person with a disability" as defined
1611	1611	23 in Section 4A of this Act, and setting forth the applicant's
1612	1612	24 type and class of disability as set forth in Section 4A of this
1613	1613	25 Act. For the purposes of this subsection (a), "peace officer"
1614	1614	26 means any person who by virtue of his or her office or public
1615	1615
1616	1616
1617	1617
1618	1618
1619	1619
1620	1620	HB1468 - 44 - LRB104 06726 RLC 16762 b
1621	1621
1622	1622
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1625	1625	1 employment is vested by law with a duty to maintain public
1626	1626	2 order or to make arrests for a violation of any penal statute
1627	1627	3 of this State, whether that duty extends to all violations or
1628	1628	4 is limited to specific violations.
1629	1629	5 (a-5) Upon the first issuance of a request for proposals
1630	1630	6 for a digital driver's license and identification card
1631	1631	7 issuance and facial recognition system issued after January 1,
1632	1632	8 2020 (the effective date of Public Act 101-513), and upon
1633	1633	9 implementation of a new or revised system procured pursuant to
1634	1634	10 that request for proposals, the Secretary shall permit
1635	1635	11 applicants to choose between "male", "female", or "non-binary"
1636	1636	12 when designating the applicant's sex on the identification
1637	1637	13 card application form. The sex designated by the applicant
1638	1638	14 shall be displayed on the identification card issued to the
1639	1639	15 applicant.
1640	1640	16 (b) Beginning on or before July 1, 2015, for each original
1641	1641	17 or renewal identification card application under this Act, the
1642	1642	18 Secretary shall inquire as to whether the applicant is a
1643	1643	19 veteran for purposes of issuing an identification card with a
1644	1644	20 veteran designation under subsection (c-5) of Section 4 of
1645	1645	21 this Act. The acceptable forms of proof shall include, but are
1646	1646	22 not limited to, Department of Defense form DD-214, Department
1647	1647	23 of Defense form DD-256 for applicants who did not receive a
1648	1648	24 form DD-214 upon the completion of initial basic training,
1649	1649	25 Department of Defense form DD-2 (Retired), an identification
1650	1650	26 card issued under the federal Veterans Identification Card Act
1651	1651
1652	1652
1653	1653
1654	1654
1655	1655
1656	1656	HB1468 - 45 - LRB104 06726 RLC 16762 b
1657	1657
1658	1658
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1660	1660	HB1468 - 46 - LRB104 06726 RLC 16762 b
1661	1661	1 of 2015, or a United States Department of Veterans Affairs
1662	1662	2 summary of benefits letter. If the document cannot be stamped,
1663	1663	3 the Illinois Department of Veterans' Affairs shall provide a
1664	1664	4 certificate to the veteran to provide to the Secretary of
1665	1665	5 State. The Illinois Department of Veterans' Affairs shall
1666	1666	6 advise the Secretary as to what other forms of proof of a
1667	1667	7 person's status as a veteran are acceptable.
1668	1668	8 For each applicant who is issued an identification card
1669	1669	9 with a veteran designation, the Secretary shall provide the
1670	1670	10 Department of Veterans' Affairs with the applicant's name,
1671	1671	11 address, date of birth, gender, and such other demographic
1672	1672	12 information as agreed to by the Secretary and the Department.
1673	1673	13 The Department may take steps necessary to confirm the
1674	1674	14 applicant is a veteran. If after due diligence, including
1675	1675	15 writing to the applicant at the address provided by the
1676	1676	16 Secretary, the Department is unable to verify the applicant's
1677	1677	17 veteran status, the Department shall inform the Secretary, who
1678	1678	18 shall notify the applicant that he or she must confirm status
1679	1679	19 as a veteran, or the identification card will be canceled
1680	1680	20 cancelled.
1681	1681	21 For purposes of this subsection (b):
1682	1682	22 "Armed forces" means any of the Armed Forces of the United
1683	1683	23 States, including a member of any reserve component or
1684	1684	24 National Guard unit.
1685	1685	25 "Veteran" means a person who has served in the armed
1686	1686	26 forces and was discharged or separated under honorable
1687	1687
1688	1688
1689	1689
1690	1690
1691	1691
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1693	1693
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1697	1697	1 conditions.
1698	1698	2 (b-1) An applicant who is eligible for Gold Star license
1699	1699	3 plates under Section 3-664 of the Illinois Vehicle Code may
1700	1700	4 apply for an identification card with space for a designation
1701	1701	5 as a Gold Star Family. The Secretary may waive any fee for this
1702	1702	6 application. If the Secretary does not waive the fee, any fee
1703	1703	7 charged to the applicant must be deposited into the Illinois
1704	1704	8 Veterans Assistance Fund. The Secretary is authorized to issue
1705	1705	9 rules to implement this subsection.
1706	1706	10 (c) All applicants for REAL ID compliant standard Illinois
1707	1707	11 Identification Cards and Illinois Person with a Disability
1708	1708	12 Identification Cards shall provide proof of lawful status in
1709	1709	13 the United States as defined in 6 CFR 37.3, as amended.
1710	1710	14 Applicants who are unable to provide the Secretary with proof
1711	1711	15 of lawful status are ineligible for REAL ID compliant
1712	1712	16 identification cards under this Act.
1713	1713	17 (d) The Secretary of State may accept, as proof of date of
1714	1714	18 birth and written signature for any applicant for a standard
1715	1715	19 identification card who does not have a social security number
1716	1716	20 or documentation issued by the United States Department of
1717	1717	21 Homeland Security authorizing the applicant's presence in this
1718	1718	22 country, any passport validly issued to the applicant from the
1719	1719	23 applicant's country of citizenship or a consular
1720	1720	24 identification document validly issued to the applicant by a
1721	1721	25 consulate of that country as defined in Section 5 of the
1722	1722	26 Consular Identification Document Act. Any such documents must
1723	1723
1724	1724
1725	1725
1726	1726
1727	1727
1728	1728	HB1468 - 47 - LRB104 06726 RLC 16762 b
1729	1729
1730	1730
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1733	1733	1 be either unexpired or presented by an applicant within 2
1734	1734	2 years of its expiration date.
1735	1735	3 (Source: P.A. 102-558, eff. 8-20-21; 103-210, eff. 7-1-24;
1736	1736	4 103-888, eff. 8-9-24; 103-933, eff. 1-1-25; revised 12-1-24.)
1737	1737	5 Section 115. The Illinois Vehicle Code is amended by
1738	1738	6 changing Sections 3-405, 6-106, and 6-110 as follows:
1739	1739	7 (625 ILCS 5/3-405) (from Ch. 95 1/2, par. 3-405)
1740	1740	8 Sec. 3-405. Application for registration.
1741	1741	9 (a) Every owner of a vehicle subject to registration under
1742	1742	10 this Code shall make application to the Secretary of State for
1743	1743	11 the registration of such vehicle upon the appropriate form or
1744	1744	12 forms furnished by the Secretary. Every such original
1745	1745	13 application shall bear the signature of the owner written with
1746	1746	14 pen and ink and contain:
1747	1747	15 1. The name, domicile address, as defined in Section
1748	1748	16 1-115.5 of this Code, (except as otherwise provided in
1749	1749	17 this paragraph 1), mail address of the owner or business
1750	1750	18 address of the owner if a firm, association, or
1751	1751	19 corporation, and, if available, email address of the
1752	1752	20 owner. If the mailing address is a post office box number,
1753	1753	21 the address listed on the driver license record may be
1754	1754	22 used to verify residence. A police officer, a deputy
1755	1755	23 sheriff, an elected sheriff, a law enforcement officer for
1756	1756	24 the Illinois State Police, a fire investigator, a state's
1757	1757
1758	1758
1759	1759
1760	1760
1761	1761
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1763	1763
1764	1764
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1767	1767	1 attorney, an assistant state's attorney, a state's
1768	1768	2 attorney special investigator, or a judicial officer may
1769	1769	3 elect to furnish the address of the headquarters of the
1770	1770	4 governmental entity, police district, or business address
1771	1771	5 where he or she works instead of his or her domicile
1772	1772	6 address, in which case that address shall be deemed to be
1773	1773	7 his or her domicile address for all purposes under this
1774	1774	8 Chapter 3. The spouse and children of a person who may
1775	1775	9 elect under this paragraph 1 to furnish the address of the
1776	1776	10 headquarters of the government entity, police district, or
1777	1777	11 business address where the person works instead of the
1778	1778	12 person's domicile address may, if they reside with that
1779	1779	13 person, also elect to furnish the address of the
1780	1780	14 headquarters of the government entity, police district, or
1781	1781	15 business address where the person works as their domicile
1782	1782	16 address, in which case that address shall be deemed to be
1783	1783	17 their domicile address for all purposes under this Chapter
1784	1784	18 3. In this paragraph 1: (A) "police officer" has the
1785	1785	19 meaning ascribed to "policeman" in Section 10-3-1 of the
1786	1786	20 Illinois Municipal Code; (B) "deputy sheriff" means a
1787	1787	21 deputy sheriff appointed under Section 3-6008 of the
1788	1788	22 Counties Code; (C) "elected sheriff" means a sheriff
1789	1789	23 commissioned pursuant to Section 3-6001 of the Counties
1790	1790	24 Code; (D) "fire investigator" means a person classified as
1791	1791	25 a peace officer under the Peace Officer Fire Investigation
1792	1792	26 Act; (E) "state's attorney", "assistant state's attorney",
1793	1793
1794	1794
1795	1795
1796	1796
1797	1797
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1799	1799
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1803	1803	1 and "state's attorney special investigator" mean a state's
1804	1804	2 attorney, assistant state's attorney, and state's attorney
1805	1805	3 special investigator commissioned or appointed under
1806	1806	4 Division 3-9 of the Counties Code; and (F) "judicial
1807	1807	5 officer" has the meaning ascribed to it in Section 1-10 of
1808	1808	6 the Judicial Privacy Act; and (G) "official" has the
1809	1809	7 meaning ascribed to it in Section 5 of the Public Safety
1810	1810	8 and Justice Privacy Act.
1811	1811	9 2. A description of the vehicle, including such
1812	1812	10 information as is required in an application for a
1813	1813	11 certificate of title, determined under such standard
1814	1814	12 rating as may be prescribed by the Secretary.
1815	1815	13 3. (Blank).
1816	1816	14 3.5. A space for a voluntary disclosure of a condition
1817	1817	15 that impedes effective communication under Section
1818	1818	16 3-405.5.
1819	1819	17 4. Such further information as may reasonably be
1820	1820	18 required by the Secretary to enable him to determine
1821	1821	19 whether the vehicle is lawfully entitled to registration
1822	1822	20 and the owner entitled to a certificate of title.
1823	1823	21 5. An affirmation by the applicant that all
1824	1824	22 information set forth is true and correct. If the
1825	1825	23 application is for the registration of a motor vehicle,
1826	1826	24 the applicant also shall affirm that the motor vehicle is
1827	1827	25 insured as required by this Code, that such insurance will
1828	1828	26 be maintained throughout the period for which the motor
1829	1829
1830	1830
1831	1831
1832	1832
1833	1833
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1835	1835
1836	1836
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1838	1838	HB1468 - 51 - LRB104 06726 RLC 16762 b
1839	1839	1 vehicle shall be registered, and that neither the owner,
1840	1840	2 nor any person operating the motor vehicle with the
1841	1841	3 owner's permission, shall operate the motor vehicle unless
1842	1842	4 the required insurance is in effect. If the person signing
1843	1843	5 the affirmation is not the sole owner of the vehicle, such
1844	1844	6 person shall be deemed to have affirmed on behalf of all
1845	1845	7 the owners of the vehicle. If the person signing the
1846	1846	8 affirmation is not an owner of the vehicle, such person
1847	1847	9 shall be deemed to have affirmed on behalf of the owner or
1848	1848	10 owners of the vehicle. The lack of signature on the
1849	1849	11 application shall not in any manner exempt the owner or
1850	1850	12 owners from any provisions, requirements or penalties of
1851	1851	13 this Code.
1852	1852	14 (b) When such application refers to a new vehicle
1853	1853	15 purchased from a dealer the application shall be accompanied
1854	1854	16 by a Manufacturer's Statement of Origin from the dealer, and a
1855	1855	17 statement showing any lien retained by the dealer.
1856	1856	18 (Source: P.A. 102-538, eff. 8-20-21; 102-1069, eff. 7-1-23.)
1857	1857	19 (625 ILCS 5/6-106) (from Ch. 95 1/2, par. 6-106)
1858	1858	20 Sec. 6-106. Application for license or instruction permit.
1859	1859	21 (a) Every application for any permit or license authorized
1860	1860	22 to be issued under this Code shall be made upon a form
1861	1861	23 furnished by the Secretary of State. Every application shall
1862	1862	24 be accompanied by the proper fee and payment of such fee shall
1863	1863	25 entitle the applicant to not more than 3 attempts to pass the
1864	1864
1865	1865
1866	1866
1867	1867
1868	1868
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1870	1870
1871	1871
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1873	1873	HB1468 - 52 - LRB104 06726 RLC 16762 b
1874	1874	1 examination within a period of one year after the date of
1875	1875	2 application.
1876	1876	3 (b) Every application shall state the legal name, zip
1877	1877	4 code, date of birth, sex, and residence address of the
1878	1878	5 applicant; briefly describe the applicant; state whether the
1879	1879	6 applicant has theretofore been licensed as a driver, and, if
1880	1880	7 so, when and by what state or country, and whether any such
1881	1881	8 license has ever been cancelled, suspended, revoked or
1882	1882	9 refused, and, if so, the date and reason for such
1883	1883	10 cancellation, suspension, revocation or refusal; shall include
1884	1884	11 an affirmation by the applicant that all information set forth
1885	1885	12 is true and correct; and shall bear the applicant's signature.
1886	1886	13 In addition to the residence address, the Secretary may allow
1887	1887	14 the applicant to provide a mailing address. In the case of an
1888	1888	15 applicant who is a judicial officer, official, or peace
1889	1889	16 officer, the Secretary may allow the applicant to provide an
1890	1890	17 office or work address in lieu of a residence or mailing
1891	1891	18 address. The application form may also require the statement
1892	1892	19 of such additional relevant information as the Secretary of
1893	1893	20 State shall deem necessary to determine the applicant's
1894	1894	21 competency and eligibility. The Secretary of State may, in his
1895	1895	22 discretion, by rule or regulation, provide that an application
1896	1896	23 for a drivers license or permit may include a suitable
1897	1897	24 photograph of the applicant in the form prescribed by the
1898	1898	25 Secretary, and he may further provide that each drivers
1899	1899	26 license shall include a photograph of the driver. The
1900	1900
1901	1901
1902	1902
1903	1903
1904	1904
1905	1905	HB1468 - 52 - LRB104 06726 RLC 16762 b
1906	1906
1907	1907
1908	1908	HB1468- 53 -LRB104 06726 RLC 16762 b HB1468 - 53 - LRB104 06726 RLC 16762 b
1909	1909	HB1468 - 53 - LRB104 06726 RLC 16762 b
1910	1910	1 Secretary of State may utilize a photograph process or system
1911	1911	2 most suitable to deter alteration or improper reproduction of
1912	1912	3 a drivers license and to prevent substitution of another photo
1913	1913	4 thereon. For the purposes of this subsection (b): ,
1914	1914	5 "Official" has the meaning ascribed to it in Section 5 of
1915	1915	6 the Public Safety and Justice Privacy Act.
1916	1916	7 "Peace "peace officer" means any person who by virtue of
1917	1917	8 his or her office or public employment is vested by law with a
1918	1918	9 duty to maintain public order or to make arrests for a
1919	1919	10 violation of any penal statute of this State, whether that
1920	1920	11 duty extends to all violations or is limited to specific
1921	1921	12 violations.
1922	1922	13 (b-1) Every application shall state the social security
1923	1923	14 number of the applicant; except if the applicant is applying
1924	1924	15 for a standard driver's license and, on the date of
1925	1925	16 application, is ineligible for a social security number, then:
1926	1926	17 (1) if the applicant has documentation, issued by the
1927	1927	18 United States Department of Homeland Security, authorizing
1928	1928	19 the applicant's presence in this country, the applicant
1929	1929	20 shall provide such documentation instead of a social
1930	1930	21 security number; and
1931	1931	22 (2) if the applicant does not have documentation
1932	1932	23 described in paragraph (1), the applicant shall provide,
1933	1933	24 instead of a social security number, the following:
1934	1934	25 (A) documentation establishing that the applicant
1935	1935	26 has resided in this State for a period in excess of one
1936	1936
1937	1937
1938	1938
1939	1939
1940	1940
1941	1941	HB1468 - 53 - LRB104 06726 RLC 16762 b
1942	1942
1943	1943
1944	1944	HB1468- 54 -LRB104 06726 RLC 16762 b HB1468 - 54 - LRB104 06726 RLC 16762 b
1945	1945	HB1468 - 54 - LRB104 06726 RLC 16762 b
1946	1946	1 year;
1947	1947	2 (B) a passport validly issued to the applicant
1948	1948	3 from the applicant's country of citizenship or a
1949	1949	4 consular identification document validly issued to the
1950	1950	5 applicant by a consulate of that country as defined in
1951	1951	6 Section 5 of the Consular Identification Document Act,
1952	1952	7 as long as such documents are either unexpired or
1953	1953	8 presented by an applicant within 2 years of its
1954	1954	9 expiration date; and
1955	1955	10 (C) a social security card, if the applicant has a
1956	1956	11 social security number.
1957	1957	12 (b-3) Upon the first issuance of a request for proposals
1958	1958	13 for a digital driver's license and identification card
1959	1959	14 issuance and facial recognition system issued after January 1,
1960	1960	15 2020 (the effective date of Public Act 101-513), and upon
1961	1961	16 implementation of a new or revised system procured pursuant to
1962	1962	17 that request for proposals, the Secretary shall permit
1963	1963	18 applicants to choose between "male", "female" or "non-binary"
1964	1964	19 when designating the applicant's sex on the driver's license
1965	1965	20 application form. The sex designated by the applicant shall be
1966	1966	21 displayed on the driver's license issued to the applicant.
1967	1967	22 (b-5) Every applicant for a REAL ID compliant driver's
1968	1968	23 license or permit shall provide proof of lawful status in the
1969	1969	24 United States as defined in 6 CFR 37.3, as amended.
1970	1970	25 (c) The application form shall include a notice to the
1971	1971	26 applicant of the registration obligations of sex offenders
1972	1972
1973	1973
1974	1974
1975	1975
1976	1976
1977	1977	HB1468 - 54 - LRB104 06726 RLC 16762 b
1978	1978
1979	1979
1980	1980	HB1468- 55 -LRB104 06726 RLC 16762 b HB1468 - 55 - LRB104 06726 RLC 16762 b
1981	1981	HB1468 - 55 - LRB104 06726 RLC 16762 b
1982	1982	1 under the Sex Offender Registration Act. The notice shall be
1983	1983	2 provided in a form and manner prescribed by the Secretary of
1984	1984	3 State. For purposes of this subsection (c), "sex offender" has
1985	1985	4 the meaning ascribed to it in Section 2 of the Sex Offender
1986	1986	5 Registration Act.
1987	1987	6 (d) Any male United States citizen or immigrant who
1988	1988	7 applies for any permit or license authorized to be issued
1989	1989	8 under this Code or for a renewal of any permit or license, and
1990	1990	9 who is at least 18 years of age but less than 26 years of age,
1991	1991	10 must be registered in compliance with the requirements of the
1992	1992	11 federal Military Selective Service Act. The Secretary of State
1993	1993	12 must forward in an electronic format the necessary personal
1994	1994	13 information regarding the applicants identified in this
1995	1995	14 subsection (d) to the Selective Service System. The
1996	1996	15 applicant's signature on the application serves as an
1997	1997	16 indication that the applicant either has already registered
1998	1998	17 with the Selective Service System or that he is authorizing
1999	1999	18 the Secretary to forward to the Selective Service System the
2000	2000	19 necessary information for registration. The Secretary must
2001	2001	20 notify the applicant at the time of application that his
2002	2002	21 signature constitutes consent to registration with the
2003	2003	22 Selective Service System, if he is not already registered.
2004	2004	23 (e) Beginning on or before July 1, 2015, for each original
2005	2005	24 or renewal driver's license application under this Code, the
2006	2006	25 Secretary shall inquire as to whether the applicant is a
2007	2007	26 veteran for purposes of issuing a driver's license with a
2008	2008
2009	2009
2010	2010
2011	2011
2012	2012
2013	2013	HB1468 - 55 - LRB104 06726 RLC 16762 b
2014	2014
2015	2015
2016	2016	HB1468- 56 -LRB104 06726 RLC 16762 b HB1468 - 56 - LRB104 06726 RLC 16762 b
2017	2017	HB1468 - 56 - LRB104 06726 RLC 16762 b
2018	2018	1 veteran designation under subsection (e-5) of Section 6-110 of
2019	2019	2 this Code. The acceptable forms of proof shall include, but
2020	2020	3 are not limited to, Department of Defense form DD-214,
2021	2021	4 Department of Defense form DD-256 for applicants who did not
2022	2022	5 receive a form DD-214 upon the completion of initial basic
2023	2023	6 training, Department of Defense form DD-2 (Retired), an
2024	2024	7 identification card issued under the federal Veterans
2025	2025	8 Identification Card Act of 2015, or a United States Department
2026	2026	9 of Veterans Affairs summary of benefits letter. If the
2027	2027	10 document cannot be stamped, the Illinois Department of
2028	2028	11 Veterans' Affairs shall provide a certificate to the veteran
2029	2029	12 to provide to the Secretary of State. The Illinois Department
2030	2030	13 of Veterans' Affairs shall advise the Secretary as to what
2031	2031	14 other forms of proof of a person's status as a veteran are
2032	2032	15 acceptable.
2033	2033	16 For each applicant who is issued a driver's license with a
2034	2034	17 veteran designation, the Secretary shall provide the
2035	2035	18 Department of Veterans' Affairs with the applicant's name,
2036	2036	19 address, date of birth, gender and such other demographic
2037	2037	20 information as agreed to by the Secretary and the Department.
2038	2038	21 The Department may take steps necessary to confirm the
2039	2039	22 applicant is a veteran. If after due diligence, including
2040	2040	23 writing to the applicant at the address provided by the
2041	2041	24 Secretary, the Department is unable to verify the applicant's
2042	2042	25 veteran status, the Department shall inform the Secretary, who
2043	2043	26 shall notify the applicant that he or she must confirm status
2044	2044
2045	2045
2046	2046
2047	2047
2048	2048
2049	2049	HB1468 - 56 - LRB104 06726 RLC 16762 b
2050	2050
2051	2051
2052	2052	HB1468- 57 -LRB104 06726 RLC 16762 b HB1468 - 57 - LRB104 06726 RLC 16762 b
2053	2053	HB1468 - 57 - LRB104 06726 RLC 16762 b
2054	2054	1 as a veteran, or the driver's license will be cancelled.
2055	2055	2 For purposes of this subsection (e):
2056	2056	3 "Armed forces" means any of the Armed Forces of the United
2057	2057	4 States, including a member of any reserve component or
2058	2058	5 National Guard unit.
2059	2059	6 "Veteran" means a person who has served in the armed
2060	2060	7 forces and was discharged or separated under honorable
2061	2061	8 conditions.
2062	2062	9 (f) An applicant who is eligible for Gold Star license
2063	2063	10 plates under Section 3-664 of this Code may apply for an
2064	2064	11 original or renewal driver's license with space for a
2065	2065	12 designation as a Gold Star Family. The Secretary may waive any
2066	2066	13 fee for this application. If the Secretary does not waive the
2067	2067	14 fee, any fee charged to the applicant must be deposited into
2068	2068	15 the Illinois Veterans Assistance Fund. The Secretary is
2069	2069	16 authorized to issue rules to implement this subsection.
2070	2070	17 (Source: P.A. 102-558, eff. 8-20-21; 103-210, eff. 7-1-24;
2071	2071	18 103-933, eff. 1-1-25.)
2072	2072	19 (625 ILCS 5/6-110)
2073	2073	20 Sec. 6-110. Licenses issued to drivers.
2074	2074	21 (a) The Secretary of State shall issue to every qualifying
2075	2075	22 applicant a driver's license as applied for, which license
2076	2076	23 shall bear a distinguishing number assigned to the licensee,
2077	2077	24 the legal name, signature, zip code, date of birth, residence
2078	2078	25 address, and a brief description of the licensee.
2079	2079
2080	2080
2081	2081
2082	2082
2083	2083
2084	2084	HB1468 - 57 - LRB104 06726 RLC 16762 b
2085	2085
2086	2086
2087	2087	HB1468- 58 -LRB104 06726 RLC 16762 b HB1468 - 58 - LRB104 06726 RLC 16762 b
2088	2088	HB1468 - 58 - LRB104 06726 RLC 16762 b
2089	2089	1 Licenses issued shall also indicate the classification and
2090	2090	2 the restrictions under Section 6-104 of this Code. The
2091	2091	3 Secretary may adopt rules to establish informational
2092	2092	4 restrictions that can be placed on the driver's license
2093	2093	5 regarding specific conditions of the licensee.
2094	2094	6 A driver's license issued may, in the discretion of the
2095	2095	7 Secretary, include a suitable photograph of a type prescribed
2096	2096	8 by the Secretary.
2097	2097	9 (a-1) If the licensee is less than 18 years of age, unless
2098	2098	10 one of the exceptions in subsection (a-2) apply, the license
2099	2099	11 shall, as a matter of law, be invalid for the operation of any
2100	2100	12 motor vehicle during the following times:
2101	2101	13 (A) Between 11:00 p.m. Friday and 6:00 a.m. Saturday;
2102	2102	14 (B) Between 11:00 p.m. Saturday and 6:00 a.m. on
2103	2103	15 Sunday; and
2104	2104	16 (C) Between 10:00 p.m. on Sunday to Thursday,
2105	2105	17 inclusive, and 6:00 a.m. on the following day.
2106	2106	18 (a-2) The driver's license of a person under the age of 18
2107	2107	19 shall not be invalid as described in subsection (a-1) of this
2108	2108	20 Section if the licensee under the age of 18 was:
2109	2109	21 (1) accompanied by the licensee's parent or guardian
2110	2110	22 or other person in custody or control of the minor;
2111	2111	23 (2) on an errand at the direction of the minor's
2112	2112	24 parent or guardian, without any detour or stop;
2113	2113	25 (3) in a motor vehicle involved in interstate travel;
2114	2114	26 (4) going to or returning home from an employment
2115	2115
2116	2116
2117	2117
2118	2118
2119	2119
2120	2120	HB1468 - 58 - LRB104 06726 RLC 16762 b
2121	2121
2122	2122
2123	2123	HB1468- 59 -LRB104 06726 RLC 16762 b HB1468 - 59 - LRB104 06726 RLC 16762 b
2124	2124	HB1468 - 59 - LRB104 06726 RLC 16762 b
2125	2125	1 activity, without any detour or stop;
2126	2126	2 (5) involved in an emergency;
2127	2127	3 (6) going to or returning home from, without any
2128	2128	4 detour or stop, an official school, religious, or other
2129	2129	5 recreational activity supervised by adults and sponsored
2130	2130	6 by a government or governmental agency, a civic
2131	2131	7 organization, or another similar entity that takes
2132	2132	8 responsibility for the licensee, without any detour or
2133	2133	9 stop;
2134	2134	10 (7) exercising First Amendment rights protected by the
2135	2135	11 United States Constitution, such as the free exercise of
2136	2136	12 religion, freedom of speech, and the right of assembly; or
2137	2137	13 (8) married or had been married or is an emancipated
2138	2138	14 minor under the Emancipation of Minors Act.
2139	2139	15 (a-2.5) The driver's license of a person who is 17 years of
2140	2140	16 age and has been licensed for at least 12 months is not invalid
2141	2141	17 as described in subsection (a-1) of this Section while the
2142	2142	18 licensee is participating as an assigned driver in a Safe
2143	2143	19 Rides program that meets the following criteria:
2144	2144	20 (1) the program is sponsored by the Boy Scouts of
2145	2145	21 America or another national public service organization;
2146	2146	22 and
2147	2147	23 (2) the sponsoring organization carries liability
2148	2148	24 insurance covering the program.
2149	2149	25 (a-3) If a graduated driver's license holder over the age
2150	2150	26 of 18 committed an offense against traffic regulations
2151	2151
2152	2152
2153	2153
2154	2154
2155	2155
2156	2156	HB1468 - 59 - LRB104 06726 RLC 16762 b
2157	2157
2158	2158
2159	2159	HB1468- 60 -LRB104 06726 RLC 16762 b HB1468 - 60 - LRB104 06726 RLC 16762 b
2160	2160	HB1468 - 60 - LRB104 06726 RLC 16762 b
2161	2161	1 governing the movement of vehicles or any violation of Section
2162	2162	2 6-107 or Section 12-603.1 of this Code in the 6 months prior to
2163	2163	3 the graduated driver's license holder's 18th birthday, and was
2164	2164	4 subsequently convicted of the offense, the provisions of
2165	2165	5 subsection (a-1) shall continue to apply until such time as a
2166	2166	6 period of 6 consecutive months has elapsed without an
2167	2167	7 additional violation and subsequent conviction of an offense
2168	2168	8 against traffic regulations governing the movement of vehicles
2169	2169	9 or Section 6-107 or Section 12-603.1 of this Code.
2170	2170	10 (a-4) If an applicant for a driver's license or
2171	2171	11 instruction permit has a current identification card issued by
2172	2172	12 the Secretary of State, the Secretary may require the
2173	2173	13 applicant to utilize the same residence address and name on
2174	2174	14 the identification card, driver's license, and instruction
2175	2175	15 permit records maintained by the Secretary. The Secretary may
2176	2176	16 promulgate rules to implement this provision.
2177	2177	17 (a-5) If an applicant for a driver's license is an
2178	2178	18 employee of the Department of Children and Family Services
2179	2179	19 with a job title of "Child Protection Specialist Trainee",
2180	2180	20 "Child Protection Specialist", "Child Protection Advanced
2181	2181	21 Specialist", "Child Welfare Specialist Trainee", "Child
2182	2182	22 Welfare Specialist", or "Child Welfare Advanced Specialist" or
2183	2183	23 a judicial officer, official, or a peace officer, the
2184	2184	24 applicant may elect to have his or her office or work address
2185	2185	25 listed on the license instead of the applicant's residence or
2186	2186	26 mailing address. The Secretary of State shall adopt rules to
2187	2187
2188	2188
2189	2189
2190	2190
2191	2191
2192	2192	HB1468 - 60 - LRB104 06726 RLC 16762 b
2193	2193
2194	2194
2195	2195	HB1468- 61 -LRB104 06726 RLC 16762 b HB1468 - 61 - LRB104 06726 RLC 16762 b
2196	2196	HB1468 - 61 - LRB104 06726 RLC 16762 b
2197	2197	1 implement this subsection (a-5). For the purposes of this
2198	2198	2 subsection (a-5): ,
2199	2199	3 "Official" has the meaning ascribed to it in Section 5 of
2200	2200	4 the Public Safety and Justice Privacy Act.
2201	2201	5 "Peace "peace officer" means any person who by virtue of
2202	2202	6 his or her office or public employment is vested by law with a
2203	2203	7 duty to maintain public order or to make arrests for a
2204	2204	8 violation of any penal statute of this State, whether that
2205	2205	9 duty extends to all violations or is limited to specific
2206	2206	10 violations.
2207	2207	11 (b) Until the Secretary of State establishes a First
2208	2208	12 Person Consent organ and tissue donor registry under Section
2209	2209	13 6-117 of this Code, the Secretary of State shall provide a
2210	2210	14 format on the reverse of each driver's license issued which
2211	2211	15 the licensee may use to execute a document of gift conforming
2212	2212	16 to the provisions of the Illinois Anatomical Gift Act. The
2213	2213	17 format shall allow the licensee to indicate the gift intended,
2214	2214	18 whether specific organs, any organ, or the entire body, and
2215	2215	19 shall accommodate the signatures of the donor and 2 witnesses.
2216	2216	20 The Secretary shall also inform each applicant or licensee of
2217	2217	21 this format, describe the procedure for its execution, and may
2218	2218	22 offer the necessary witnesses; provided that in so doing, the
2219	2219	23 Secretary shall advise the applicant or licensee that he or
2220	2220	24 she is under no compulsion to execute a document of gift. A
2221	2221	25 brochure explaining this method of executing an anatomical
2222	2222	26 gift document shall be given to each applicant or licensee.
2223	2223
2224	2224
2225	2225
2226	2226
2227	2227
2228	2228	HB1468 - 61 - LRB104 06726 RLC 16762 b
2229	2229
2230	2230
2231	2231	HB1468- 62 -LRB104 06726 RLC 16762 b HB1468 - 62 - LRB104 06726 RLC 16762 b
2232	2232	HB1468 - 62 - LRB104 06726 RLC 16762 b
2233	2233	1 The brochure shall advise the applicant or licensee that he or
2234	2234	2 she is under no compulsion to execute a document of gift, and
2235	2235	3 that he or she may wish to consult with family, friends, or
2236	2236	4 clergy before doing so. The Secretary of State may undertake
2237	2237	5 additional efforts, including education and awareness
2238	2238	6 activities, to promote organ and tissue donation.
2239	2239	7 (c) The Secretary of State shall designate on each
2240	2240	8 driver's license issued a space where the licensee may place a
2241	2241	9 sticker or decal of the uniform size as the Secretary may
2242	2242	10 specify, which sticker or decal may indicate in appropriate
2243	2243	11 language that the owner of the license carries an Emergency
2244	2244	12 Medical Information Card.
2245	2245	13 The sticker may be provided by any person, hospital,
2246	2246	14 school, medical group, or association interested in assisting
2247	2247	15 in implementing the Emergency Medical Information Card, but
2248	2248	16 shall meet the specifications as the Secretary may by rule or
2249	2249	17 regulation require.
2250	2250	18 (d) The Secretary of State shall designate on each
2251	2251	19 driver's license issued a space where the licensee may
2252	2252	20 indicate his blood type and RH factor.
2253	2253	21 (e) The Secretary of State shall provide that each
2254	2254	22 original or renewal driver's license issued to a licensee
2255	2255	23 under 21 years of age shall be of a distinct nature from those
2256	2256	24 driver's licenses issued to individuals 21 years of age and
2257	2257	25 older. The color designated for driver's licenses for
2258	2258	26 licensees under 21 years of age shall be at the discretion of
2259	2259
2260	2260
2261	2261
2262	2262
2263	2263
2264	2264	HB1468 - 62 - LRB104 06726 RLC 16762 b
2265	2265
2266	2266
2267	2267	HB1468- 63 -LRB104 06726 RLC 16762 b HB1468 - 63 - LRB104 06726 RLC 16762 b
2268	2268	HB1468 - 63 - LRB104 06726 RLC 16762 b
2269	2269	1 the Secretary of State.
2270	2270	2 (e-1) The Secretary shall provide that each driver's
2271	2271	3 license issued to a person under the age of 21 displays the
2272	2272	4 date upon which the person becomes 18 years of age and the date
2273	2273	5 upon which the person becomes 21 years of age.
2274	2274	6 (e-3) The General Assembly recognizes the need to identify
2275	2275	7 military veterans living in this State for the purpose of
2276	2276	8 ensuring that they receive all of the services and benefits to
2277	2277	9 which they are legally entitled, including health care
2278	2278	10 healthcare, education assistance, and job placement. To assist
2279	2279	11 the State in identifying these veterans and delivering these
2280	2280	12 vital services and benefits, the Secretary of State is
2281	2281	13 authorized to issue drivers' licenses with the word "veteran"
2282	2282	14 appearing on the face of the licenses. This authorization is
2283	2283	15 predicated on the unique status of veterans. The Secretary may
2284	2284	16 not issue any other driver's license which identifies an
2285	2285	17 occupation, status, affiliation, hobby, or other unique
2286	2286	18 characteristics of the license holder which is unrelated to
2287	2287	19 the purpose of the driver's license.
2288	2288	20 (e-5) Beginning on or before July 1, 2015, the Secretary
2289	2289	21 of State shall designate a space on each original or renewal
2290	2290	22 driver's license where, at the request of the applicant, the
2291	2291	23 word "veteran" shall be placed. The veteran designation shall
2292	2292	24 be available to a person identified as a veteran under
2293	2293	25 subsection (e) of Section 6-106 of this Code who was
2294	2294	26 discharged or separated under honorable conditions.
2295	2295
2296	2296
2297	2297
2298	2298
2299	2299
2300	2300	HB1468 - 63 - LRB104 06726 RLC 16762 b
2301	2301
2302	2302
2303	2303	HB1468- 64 -LRB104 06726 RLC 16762 b HB1468 - 64 - LRB104 06726 RLC 16762 b
2304	2304	HB1468 - 64 - LRB104 06726 RLC 16762 b
2305	2305	1 (e-7) Upon providing the required documentation, at the
2306	2306	2 request of the applicant, the driver's license may reflect
2307	2307	3 Gold Star Family designation. The Secretary shall designate a
2308	2308	4 space on each original or renewal driver's license for such
2309	2309	5 designation. This designation shall be available to a person
2310	2310	6 eligible for Gold Star license plates under subsection (f) of
2311	2311	7 Section 6-106 of this Code.
2312	2312	8 (f) The Secretary of State shall inform all Illinois
2313	2313	9 licensed commercial motor vehicle operators of the
2314	2314	10 requirements of the Uniform Commercial Driver License Act,
2315	2315	11 Article V of this Chapter, and shall make provisions to ensure
2316	2316	12 insure that all drivers, seeking to obtain a commercial
2317	2317	13 driver's license, be afforded an opportunity prior to April 1,
2318	2318	14 1992, to obtain the license. The Secretary is authorized to
2319	2319	15 extend driver's license expiration dates, and assign specific
2320	2320	16 times, dates and locations where these commercial driver's
2321	2321	17 tests shall be conducted. Any applicant, regardless of the
2322	2322	18 current expiration date of the applicant's driver's license,
2323	2323	19 may be subject to any assignment by the Secretary. Failure to
2324	2324	20 comply with the Secretary's assignment may result in the
2325	2325	21 applicant's forfeiture of an opportunity to receive a
2326	2326	22 commercial driver's license prior to April 1, 1992.
2327	2327	23 (g) The Secretary of State shall designate on a driver's
2328	2328	24 license issued, a space where the licensee may indicate that
2329	2329	25 he or she has drafted a living will in accordance with the
2330	2330	26 Illinois Living Will Act or a durable power of attorney for
2331	2331
2332	2332
2333	2333
2334	2334
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2341	2341	1 health care in accordance with the Illinois Power of Attorney
2342	2342	2 Act.
2343	2343	3 (g-1) The Secretary of State, in his or her discretion,
2344	2344	4 may designate on each driver's license issued a space where
2345	2345	5 the licensee may place a sticker or decal, issued by the
2346	2346	6 Secretary of State, of uniform size as the Secretary may
2347	2347	7 specify, that shall indicate in appropriate language that the
2348	2348	8 owner of the license has renewed his or her driver's license.
2349	2349	9 (h) A person who acts in good faith in accordance with the
2350	2350	10 terms of this Section is not liable for damages in any civil
2351	2351	11 action or subject to prosecution in any criminal proceeding
2352	2352	12 for his or her act.
2353	2353	13 (i) The Secretary shall designate a space on each original
2354	2354	14 or renewal of a driver's license, at the request of the
2355	2355	15 applicant, for a designation as a Gold Star Family. This
2356	2356	16 designation shall be available to a person eligible for Gold
2357	2357	17 Star license plates under subsection (f) of Section 6-106 of
2358	2358	18 this Code.
2359	2359	19 (Source: P.A. 103-888, eff. 8-9-24; 103-933, eff. 1-1-25;
2360	2360	20 revised 11-26-24.)
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