104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026 SB1252 Introduced 1/24/2025, by Sen. Andrew S. Chesney SYNOPSIS AS INTRODUCED: See Index Amends the Illinois Identification Card Act. Changes the definition of "limited term REAL ID compliant identification card". In a provision regarding applications, removes language providing that the Secretary of State may accept, as proof of date of birth and written signature for any applicant for a standard identification card who does not have a social security number or documentation issued by the United States Department of Homeland Security authorizing the applicant's presence in the country, any passport validly issued to the applicant from the applicant's country of citizenship or a consular identification document validly issued to the applicant by a consulate of that country. In a provisions regarding records, removes language providing that the Secretary: (1) may not release highly restricted personal information or personally identifying information or disclose specified documents to any immigration agent, unless necessary to comply with specified situations; and (2) shall not enter into or maintain any agreement regarding the sharing of any highly restricted personal information or personally identifying information or specified documents unless all other parties to such agreement certify that the information obtained will not be used for civil immigration purposes or knowingly disseminated to any third party for any purpose related to civil immigration enforcement. Makes other and conforming changes. Amends the Illinois Vehicle Code. Changes the definition of "limited term Real ID compliant driver's license". In a provision regarding the application for license or instruction permit, removes language providing that if an applicant is applying for a standard driver's license and, on the date of application, is ineligible for a social security number, then if the applicant does not have specified documentation the applicant may provide other specified documentation. Repeals a provision regarding the restrictions on the use of information for certain purposes. Makes other and conforming changes. LRB104 03258 LNS 13280 b A BILL FOR 104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026 SB1252 Introduced 1/24/2025, by Sen. Andrew S. Chesney SYNOPSIS AS INTRODUCED: See Index See Index Amends the Illinois Identification Card Act. Changes the definition of "limited term REAL ID compliant identification card". In a provision regarding applications, removes language providing that the Secretary of State may accept, as proof of date of birth and written signature for any applicant for a standard identification card who does not have a social security number or documentation issued by the United States Department of Homeland Security authorizing the applicant's presence in the country, any passport validly issued to the applicant from the applicant's country of citizenship or a consular identification document validly issued to the applicant by a consulate of that country. In a provisions regarding records, removes language providing that the Secretary: (1) may not release highly restricted personal information or personally identifying information or disclose specified documents to any immigration agent, unless necessary to comply with specified situations; and (2) shall not enter into or maintain any agreement regarding the sharing of any highly restricted personal information or personally identifying information or specified documents unless all other parties to such agreement certify that the information obtained will not be used for civil immigration purposes or knowingly disseminated to any third party for any purpose related to civil immigration enforcement. Makes other and conforming changes. Amends the Illinois Vehicle Code. Changes the definition of "limited term Real ID compliant driver's license". In a provision regarding the application for license or instruction permit, removes language providing that if an applicant is applying for a standard driver's license and, on the date of application, is ineligible for a social security number, then if the applicant does not have specified documentation the applicant may provide other specified documentation. Repeals a provision regarding the restrictions on the use of information for certain purposes. Makes other and conforming changes. LRB104 03258 LNS 13280 b LRB104 03258 LNS 13280 b A BILL FOR
104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026 SB1252 Introduced 1/24/2025, by Sen. Andrew S. Chesney SYNOPSIS AS INTRODUCED:
See Index See Index
See Index
Amends the Illinois Identification Card Act. Changes the definition of "limited term REAL ID compliant identification card". In a provision regarding applications, removes language providing that the Secretary of State may accept, as proof of date of birth and written signature for any applicant for a standard identification card who does not have a social security number or documentation issued by the United States Department of Homeland Security authorizing the applicant's presence in the country, any passport validly issued to the applicant from the applicant's country of citizenship or a consular identification document validly issued to the applicant by a consulate of that country. In a provisions regarding records, removes language providing that the Secretary: (1) may not release highly restricted personal information or personally identifying information or disclose specified documents to any immigration agent, unless necessary to comply with specified situations; and (2) shall not enter into or maintain any agreement regarding the sharing of any highly restricted personal information or personally identifying information or specified documents unless all other parties to such agreement certify that the information obtained will not be used for civil immigration purposes or knowingly disseminated to any third party for any purpose related to civil immigration enforcement. Makes other and conforming changes. Amends the Illinois Vehicle Code. Changes the definition of "limited term Real ID compliant driver's license". In a provision regarding the application for license or instruction permit, removes language providing that if an applicant is applying for a standard driver's license and, on the date of application, is ineligible for a social security number, then if the applicant does not have specified documentation the applicant may provide other specified documentation. Repeals a provision regarding the restrictions on the use of information for certain purposes. Makes other and conforming changes.
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A BILL FOR
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1 AN ACT concerning transportation.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Illinois Identification Card Act is amended
5 by changing Sections 1A, 5, and 11 as follows:
6 (15 ILCS 335/1A)
7 Sec. 1A. Definitions. As used in this Act:
8 "Highly restricted personal information" means an
9 individual's photograph, signature, social security number,
10 and medical or disability information.
11 "Identification card making implement" means any material,
12 hardware, or software that is specifically designed for or
13 primarily used in the manufacture, assembly, issuance, or
14 authentication of an official identification card issued by
15 the Secretary of State.
16 "Fraudulent identification card" means any identification
17 card that purports to be an official identification card for
18 which a computerized number and file have not been created by
19 the Secretary of State, the United States Government or any
20 state or political subdivision thereof, or any governmental or
21 quasi-governmental organization. For the purpose of this Act,
22 any identification card that resembles an official
23 identification card in either size, color, photograph
104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026 SB1252 Introduced 1/24/2025, by Sen. Andrew S. Chesney SYNOPSIS AS INTRODUCED:
See Index See Index
See Index
Amends the Illinois Identification Card Act. Changes the definition of "limited term REAL ID compliant identification card". In a provision regarding applications, removes language providing that the Secretary of State may accept, as proof of date of birth and written signature for any applicant for a standard identification card who does not have a social security number or documentation issued by the United States Department of Homeland Security authorizing the applicant's presence in the country, any passport validly issued to the applicant from the applicant's country of citizenship or a consular identification document validly issued to the applicant by a consulate of that country. In a provisions regarding records, removes language providing that the Secretary: (1) may not release highly restricted personal information or personally identifying information or disclose specified documents to any immigration agent, unless necessary to comply with specified situations; and (2) shall not enter into or maintain any agreement regarding the sharing of any highly restricted personal information or personally identifying information or specified documents unless all other parties to such agreement certify that the information obtained will not be used for civil immigration purposes or knowingly disseminated to any third party for any purpose related to civil immigration enforcement. Makes other and conforming changes. Amends the Illinois Vehicle Code. Changes the definition of "limited term Real ID compliant driver's license". In a provision regarding the application for license or instruction permit, removes language providing that if an applicant is applying for a standard driver's license and, on the date of application, is ineligible for a social security number, then if the applicant does not have specified documentation the applicant may provide other specified documentation. Repeals a provision regarding the restrictions on the use of information for certain purposes. Makes other and conforming changes.
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A BILL FOR
See Index
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1 location, or design or uses the word "official", "state",
2 "Illinois", or the name of any other state or political
3 subdivision thereof, or any governmental or quasi-governmental
4 organization individually or in any combination thereof to
5 describe or modify the term "identification card" or "I.D.
6 card" anywhere on the card, or uses a shape in the likeness of
7 Illinois or any other state on the photograph side of the card,
8 is deemed to be a fraudulent identification card unless the
9 words "This is not an official Identification Card", appear
10 prominently upon it in black colored lettering in 12-point
11 type on the photograph side of the card, and no such card shall
12 be smaller in size than 3 inches by 4 inches, and the
13 photograph shall be on the left side of the card only.
14 "Legal name" means the full given name and surname of an
15 individual as recorded at birth, recorded at marriage, or
16 deemed as the correct legal name for use in reporting income by
17 the Social Security Administration or the name as otherwise
18 established through legal action that appears on the
19 associated official document presented to the Secretary of
20 State.
21 "Personally identifying information" means information
22 that identifies an individual, including his or her
23 identification card number, name, address (but not the 5-digit
24 zip code), date of birth, height, weight, hair color, eye
25 color, email address, and telephone number.
26 "Homeless person" or "homeless individual" has the same
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1 meaning as defined by the federal McKinney-Vento Homeless
2 Assistance Act, 42 U.S.C. 11302, or 42 U.S.C. 11434a(2).
3 "Youth for whom the Department of Children and Family
4 Services is legally responsible" or "foster child" means a
5 child or youth whose guardianship or custody has been accepted
6 by the Department of Children and Family Services pursuant to
7 the Juvenile Court Act of 1987, the Children and Family
8 Services Act, the Abused and Neglected Child Reporting Act,
9 and the Adoption Act. This applies to children for whom the
10 Department of Children and Family Services has temporary
11 protective custody, custody or guardianship via court order,
12 or children whose parents have signed an adoptive surrender or
13 voluntary placement agreement with the Department.
14 "REAL ID compliant identification card" means a standard
15 Illinois Identification Card or Illinois Person with a
16 Disability Identification Card issued in compliance with the
17 REAL ID Act and implementing regulations. REAL ID compliant
18 identification cards shall bear a security marking approved by
19 the United States Department of Homeland Security.
20 "Standard identification card" means a standard Illinois
21 Identification Card or Illinois Person with a Disability
22 Identification Card issued in a manner which is not compliant
23 with the REAL ID Act and implementing regulations. Standard
24 identification cards shall be marked "Federal Limits Apply"
25 and shall have a color or design different from the REAL ID
26 compliant identification card.
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1 "Limited Term REAL ID compliant identification card" means
2 a REAL ID compliant identification card that is issued to a
3 person who is not a permanent resident or citizen of the United
4 States or an individual who has an approved application for
5 asylum in the United States or has entered the United States in
6 refugee status and is marked "Limited Term" on the face of the
7 card.
8 (Source: P.A. 103-210, eff. 7-1-24; 103-605, eff. 7-1-24.)
9 (15 ILCS 335/5)
10 Sec. 5. Applications.
11 (a) Any natural person who is a resident of the State of
12 Illinois may file an application for an identification card,
13 or for the renewal thereof, in a manner prescribed by the
14 Secretary. Each original application shall be completed by the
15 applicant in full and shall set forth the legal name,
16 residence address and zip code, social security number, if the
17 person has a social security number, birth date, sex and a
18 brief description of the applicant. The applicant shall be
19 photographed, unless the Secretary of State has provided by
20 rule for the issuance of identification cards without
21 photographs and the applicant is deemed eligible for an
22 identification card without a photograph under the terms and
23 conditions imposed by the Secretary of State, and he or she
24 shall also submit any other information as the Secretary may
25 deem necessary or such documentation as the Secretary may
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1 require to determine the identity of the applicant. In
2 addition to the residence address, the Secretary may allow the
3 applicant to provide a mailing address. If the applicant is an
4 employee of the Department of Children and Family Services
5 with a job title of "Child Protection Specialist Trainee",
6 "Child Protection Specialist", "Child Protection Advanced
7 Specialist", "Child Welfare Specialist Trainee", "Child
8 Welfare Specialist", or "Child Welfare Advanced Specialist" or
9 a judicial officer as defined in Section 1-10 of the Judicial
10 Privacy Act or a peace officer, the applicant may elect to have
11 his or her office or work address in lieu of the applicant's
12 residence or mailing address. An applicant for an Illinois
13 Person with a Disability Identification Card must also submit
14 with each original or renewal application, on forms prescribed
15 by the Secretary, such documentation as the Secretary may
16 require, establishing that the applicant is a "person with a
17 disability" as defined in Section 4A of this Act, and setting
18 forth the applicant's type and class of disability as set
19 forth in Section 4A of this Act. For the purposes of this
20 subsection (a), "peace officer" means any person who by virtue
21 of his or her office or public employment is vested by law with
22 a duty to maintain public order or to make arrests for a
23 violation of any penal statute of this State, whether that
24 duty extends to all violations or is limited to specific
25 violations.
26 (a-5) Upon the first issuance of a request for proposals
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1 for a digital driver's license and identification card
2 issuance and facial recognition system issued after January 1,
3 2020 (the effective date of Public Act 101-513), and upon
4 implementation of a new or revised system procured pursuant to
5 that request for proposals, the Secretary shall permit
6 applicants to choose between "male", "female", or "non-binary"
7 when designating the applicant's sex on the identification
8 card application form. The sex designated by the applicant
9 shall be displayed on the identification card issued to the
10 applicant.
11 (b) Beginning on or before July 1, 2015, for each original
12 or renewal identification card application under this Act, the
13 Secretary shall inquire as to whether the applicant is a
14 veteran for purposes of issuing an identification card with a
15 veteran designation under subsection (c-5) of Section 4 of
16 this Act. The acceptable forms of proof shall include, but are
17 not limited to, Department of Defense form DD-214, Department
18 of Defense form DD-256 for applicants who did not receive a
19 form DD-214 upon the completion of initial basic training,
20 Department of Defense form DD-2 (Retired), an identification
21 card issued under the federal Veterans Identification Card Act
22 of 2015, or a United States Department of Veterans Affairs
23 summary of benefits letter. If the document cannot be stamped,
24 the Illinois Department of Veterans' Affairs shall provide a
25 certificate to the veteran to provide to the Secretary of
26 State. The Illinois Department of Veterans' Affairs shall
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1 advise the Secretary as to what other forms of proof of a
2 person's status as a veteran are acceptable.
3 For each applicant who is issued an identification card
4 with a veteran designation, the Secretary shall provide the
5 Department of Veterans' Affairs with the applicant's name,
6 address, date of birth, gender, and such other demographic
7 information as agreed to by the Secretary and the Department.
8 The Department may take steps necessary to confirm the
9 applicant is a veteran. If after due diligence, including
10 writing to the applicant at the address provided by the
11 Secretary, the Department is unable to verify the applicant's
12 veteran status, the Department shall inform the Secretary, who
13 shall notify the applicant that he or she must confirm status
14 as a veteran, or the identification card will be canceled
15 cancelled.
16 For purposes of this subsection (b):
17 "Armed forces" means any of the Armed Forces of the United
18 States, including a member of any reserve component or
19 National Guard unit.
20 "Veteran" means a person who has served in the armed
21 forces and was discharged or separated under honorable
22 conditions.
23 (b-1) An applicant who is eligible for Gold Star license
24 plates under Section 3-664 of the Illinois Vehicle Code may
25 apply for an identification card with space for a designation
26 as a Gold Star Family. The Secretary may waive any fee for this
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1 application. If the Secretary does not waive the fee, any fee
2 charged to the applicant must be deposited into the Illinois
3 Veterans Assistance Fund. The Secretary is authorized to issue
4 rules to implement this subsection.
5 (c) All applicants for REAL ID compliant standard Illinois
6 Identification Cards and Illinois Person with a Disability
7 Identification Cards shall provide proof of lawful status in
8 the United States as defined in 6 CFR 37.3, as amended.
9 Applicants who are unable to provide the Secretary with proof
10 of lawful status are ineligible for REAL ID compliant
11 identification cards under this Act.
12 (d) (Blank). The Secretary of State may accept, as proof
13 of date of birth and written signature for any applicant for a
14 standard identification card who does not have a social
15 security number or documentation issued by the United States
16 Department of Homeland Security authorizing the applicant's
17 presence in this country, any passport validly issued to the
18 applicant from the applicant's country of citizenship or a
19 consular identification document validly issued to the
20 applicant by a consulate of that country as defined in Section
21 5 of the Consular Identification Document Act. Any such
22 documents must be either unexpired or presented by an
23 applicant within 2 years of its expiration date.
24 (Source: P.A. 102-558, eff. 8-20-21; 103-210, eff. 7-1-24;
25 103-888, eff. 8-9-24; 103-933, eff. 1-1-25; revised 12-1-24.)
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1 (15 ILCS 335/11) (from Ch. 124, par. 31)
2 Sec. 11. Records.
3 (a) The Secretary may make a search of his records and
4 furnish information as to whether a person has a current
5 Standard Illinois Identification Card or an Illinois Person
6 with a Disability Identification Card then on file, upon
7 receipt of a written application therefor accompanied with the
8 prescribed fee. However, the Secretary may not disclose
9 medical information concerning an individual to any person,
10 public agency, private agency, corporation or governmental
11 body unless the individual has submitted a written request for
12 the information or unless the individual has given prior
13 written consent for the release of the information to a
14 specific person or entity. This exception shall not apply to:
15 (1) offices and employees of the Secretary who have a need to
16 know the medical information in performance of their official
17 duties, or (2) orders of a court of competent jurisdiction.
18 When medical information is disclosed by the Secretary in
19 accordance with the provisions of this Section, no liability
20 shall rest with the Office of the Secretary of State as the
21 information is released for informational purposes only.
22 (b) Except as otherwise provided in this Section, the
23 Secretary may release personally identifying information only
24 to:
25 (1) officers and employees of the Secretary who have a
26 need to know that information for issuance of driver's
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1 licenses, permits, or identification cards and
2 investigation of fraud or misconduct;
3 (2) other governmental agencies for use in their
4 official governmental functions;
5 (3) law enforcement agencies for a criminal or civil
6 investigation, except as restricted by subsections (g) and
7 (h);
8 (3-5) the State Board of Elections as may be required
9 by an agreement the State Board of Elections has entered
10 into with a multi-state voter registration list
11 maintenance system; or
12 (4) any entity that the Secretary has authorized, by
13 rule.
14 (c) Except as otherwise provided in this Section, the
15 Secretary may release highly restricted personal information
16 only to:
17 (1) officers and employees of the Secretary who have a
18 need to access the information for the issuance of
19 driver's licenses, permits, or identification cards and
20 investigation of fraud or misconduct;
21 (2) law enforcement officials for a criminal or civil
22 law enforcement investigation, except as restricted by
23 subsections (g) and (h);
24 (3) the State Board of Elections for the purpose of
25 providing the signature for completion of voter
26 registration; or
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1 (4) any other entity the Secretary has authorized by
2 rule.
3 (d) Documents required to be submitted with an application
4 for an identification card to prove the applicant's identity
5 (name and date of birth), social security number or lack of a
6 social security number, written signature, residency, and, as
7 applicable, proof of lawful status citizenship and immigration
8 status and country of citizenship shall be confidential and
9 shall not be disclosed except to the following persons:
10 (1) the individual to whom the identification card was
11 issued, upon written request;
12 (2) officers and employees of the Secretary of State
13 who have a need to have access to the stored images for
14 purposes of issuing and controlling driver's licenses,
15 permits, or identification cards and investigation of
16 fraud or misconduct;
17 (3) law enforcement officials for a civil or criminal
18 law enforcement investigation, except as restricted by
19 subsections (g) and (h);
20 (4) other entities that the Secretary may authorize by
21 rule.
22 (e) The Secretary may not disclose an individual's social
23 security number or any associated information obtained from
24 the Social Security Administration without the written request
25 or consent of the individual except: (i) to officers and
26 employees of the Secretary who have a need to know the social
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1 security number in the performance of their official duties;
2 (ii) except as restricted by subsections (g) and (h) to law
3 enforcement officials for a civil or criminal law enforcement
4 investigation if an officer of the law enforcement agency has
5 made a written request to the Secretary specifying the law
6 enforcement investigation for which the social security number
7 is being sought; (iii) under a lawful court order signed by a
8 judge; (iv) to the Illinois Department of Veterans' Affairs
9 for the purpose of confirming veteran status to agencies in
10 other states responsible for the issuance of state
11 identification cards for participation in State-to-State
12 verification service; or (v) the last 4 digits to the Illinois
13 State Board of Elections for purposes of voter registration
14 and as may be required pursuant to an agreement for a
15 multi-state voter registration list maintenance system. The
16 Secretary retains the right to require additional verification
17 regarding the validity of a request from law enforcement. If
18 social security information is disclosed by the Secretary in
19 accordance with this Section, no liability shall rest with the
20 Office of the Secretary of State or any of its officers or
21 employees, as the information is released for official
22 purposes only.
23 (f) The Secretary of State shall not provide facial
24 recognition search services or photographs obtained in the
25 process of issuing an identification card to any federal,
26 State, or local law enforcement agency or other governmental
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1 entity for the purpose of enforcing federal immigration laws.
2 This subsection shall not apply to requests from federal,
3 State, or local law enforcement agencies or other governmental
4 entities for facial recognition search services or photographs
5 obtained in the process of issuing a driver's license or
6 permit when the purpose of the request relates to criminal
7 activity other than violations of immigration laws.
8 (g) (Blank). Notwithstanding any other provision of law,
9 the Secretary may not release highly restricted personal
10 information or personally identifying information or disclose
11 documents described in subsection (d) to any immigration
12 agent, as defined in Section 10 of the Illinois TRUST Act,
13 unless necessary to comply with the following, to the extent
14 that production of such information or documents is
15 specifically required:
16 (1) a lawful court order;
17 (2) a judicial warrant signed by a judge appointed
18 pursuant to Article III of the Constitution of the United
19 States; or
20 (3) a subpoena for individual records issued by a
21 federal or State court.
22 When responding to such a court order, warrant, or
23 subpoena, the Secretary shall disclose only those documents or
24 information specifically requested. Within 3 business days of
25 receiving such a court order, warrant, or subpoena, the
26 Secretary shall send a notification to the individual about
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1 whom such information was requested that a court order,
2 warrant, or subpoena was received and the identity of the
3 entity that presented the court order, warrant, or subpoena.
4 (h) (Blank). The Secretary shall not enter into or
5 maintain any agreement regarding the sharing of any highly
6 restricted personal information or personally identifying
7 information or documents described in subsection (d) unless
8 all other parties to such agreement certify that the
9 information obtained will not be used for civil immigration
10 purposes or knowingly disseminated to any third party for any
11 purpose related to civil immigration enforcement.
12 (Source: P.A. 102-354, eff. 8-13-21; 103-210, eff. 7-1-24.)
13 Section 10. The Illinois Vehicle Code is amended by
14 changing Sections 6-100, 6-106, 6-110.1, and 6-110.2 as
15 follows:
16 (625 ILCS 5/6-100) (from Ch. 95 1/2, par. 6-100)
17 Sec. 6-100. Definitions. For the purposes of this Chapter,
18 the following words shall have the meanings ascribed to them:
19 (a) Application Process. The process of obtaining a
20 driver's license, identification card, or permit. The process
21 begins when a person enters a Secretary of State Driver
22 Services facility and requests a driver's license,
23 identification card or permit.
24 (b) Conviction. A final adjudication of guilty by a court
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1 of competent jurisdiction either after a bench trial, trial by
2 jury, plea of guilty, order of forfeiture, or default.
3 (c) Identification Card. A document made or issued by or
4 under the authority of the United States Government, the State
5 of Illinois or any other state or political subdivision
6 thereof, or any governmental or quasi-governmental
7 organization that, when completed with information concerning
8 the individual, is of a type intended or commonly accepted for
9 the purpose of identifying the individual.
10 (d) Standard driver's license. A driver's license issued
11 in a manner which is not compliant with the REAL ID Act and
12 implementing regulations. Standard driver's licenses shall be
13 marked "Federal Limits Apply" and shall have a color or design
14 different from the REAL ID compliant driver's license.
15 (e) REAL ID compliant driver's license. A driver's license
16 issued in compliance with the REAL ID Act and implementing
17 regulations. REAL ID compliant driver's licenses shall bear a
18 security marking approved by the United States Department of
19 Homeland Security.
20 (f) Limited Term REAL ID compliant driver's license. A
21 REAL ID compliant driver's license issued to a person who is
22 not a permanent resident or citizen of the United States, or an
23 individual who has an approved application for asylum in the
24 United States or has entered the United States in refugee
25 status, and marked "Limited Term" on the face of the license.
26 (Source: P.A. 103-210, eff. 7-1-24.)
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1 (625 ILCS 5/6-106) (from Ch. 95 1/2, par. 6-106)
2 Sec. 6-106. Application for license or instruction permit.
3 (a) Every application for any permit or license authorized
4 to be issued under this Code shall be made upon a form
5 furnished by the Secretary of State. Every application shall
6 be accompanied by the proper fee and payment of such fee shall
7 entitle the applicant to not more than 3 attempts to pass the
8 examination within a period of one year after the date of
9 application.
10 (b) Every application shall state the legal name, zip
11 code, date of birth, sex, and residence address of the
12 applicant; briefly describe the applicant; state whether the
13 applicant has theretofore been licensed as a driver, and, if
14 so, when and by what state or country, and whether any such
15 license has ever been cancelled, suspended, revoked or
16 refused, and, if so, the date and reason for such
17 cancellation, suspension, revocation or refusal; shall include
18 an affirmation by the applicant that all information set forth
19 is true and correct; and shall bear the applicant's signature.
20 In addition to the residence address, the Secretary may allow
21 the applicant to provide a mailing address. In the case of an
22 applicant who is a judicial officer or peace officer, the
23 Secretary may allow the applicant to provide an office or work
24 address in lieu of a residence or mailing address. The
25 application form may also require the statement of such
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1 additional relevant information as the Secretary of State
2 shall deem necessary to determine the applicant's competency
3 and eligibility. The Secretary of State may, in his
4 discretion, by rule or regulation, provide that an application
5 for a drivers license or permit may include a suitable
6 photograph of the applicant in the form prescribed by the
7 Secretary, and he may further provide that each drivers
8 license shall include a photograph of the driver. The
9 Secretary of State may utilize a photograph process or system
10 most suitable to deter alteration or improper reproduction of
11 a drivers license and to prevent substitution of another photo
12 thereon. For the purposes of this subsection (b), "peace
13 officer" means any person who by virtue of his or her office or
14 public employment is vested by law with a duty to maintain
15 public order or to make arrests for a violation of any penal
16 statute of this State, whether that duty extends to all
17 violations or is limited to specific violations.
18 (b-1) Every application shall state the social security
19 number of the applicant; except if the applicant is applying
20 for a standard driver's license and, on the date of
21 application, is ineligible for a social security number, then:
22 (1) if the applicant has documentation, issued by the
23 United States Department of Homeland Security, authorizing
24 the applicant's presence in this country, the applicant
25 shall provide such documentation instead of a social
26 security number; and
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1 (2) (blank). if the applicant does not have
2 documentation described in paragraph (1), the applicant
3 shall provide, instead of a social security number, the
4 following:
5 (A) documentation establishing that the applicant
6 has resided in this State for a period in excess of one
7 year;
8 (B) a passport validly issued to the applicant
9 from the applicant's country of citizenship or a
10 consular identification document validly issued to the
11 applicant by a consulate of that country as defined in
12 Section 5 of the Consular Identification Document Act,
13 as long as such documents are either unexpired or
14 presented by an applicant within 2 years of its
15 expiration date; and
16 (C) a social security card, if the applicant has a
17 social security number.
18 (b-3) Upon the first issuance of a request for proposals
19 for a digital driver's license and identification card
20 issuance and facial recognition system issued after January 1,
21 2020 (the effective date of Public Act 101-513), and upon
22 implementation of a new or revised system procured pursuant to
23 that request for proposals, the Secretary shall permit
24 applicants to choose between "male", "female" or "non-binary"
25 when designating the applicant's sex on the driver's license
26 application form. The sex designated by the applicant shall be
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1 displayed on the driver's license issued to the applicant.
2 (b-5) Every applicant for a REAL ID compliant driver's
3 license or permit shall provide proof of lawful status in the
4 United States as defined in 6 CFR 37.3, as amended.
5 (c) The application form shall include a notice to the
6 applicant of the registration obligations of sex offenders
7 under the Sex Offender Registration Act. The notice shall be
8 provided in a form and manner prescribed by the Secretary of
9 State. For purposes of this subsection (c), "sex offender" has
10 the meaning ascribed to it in Section 2 of the Sex Offender
11 Registration Act.
12 (d) Any male United States citizen or immigrant who
13 applies for any permit or license authorized to be issued
14 under this Code or for a renewal of any permit or license, and
15 who is at least 18 years of age but less than 26 years of age,
16 must be registered in compliance with the requirements of the
17 federal Military Selective Service Act. The Secretary of State
18 must forward in an electronic format the necessary personal
19 information regarding the applicants identified in this
20 subsection (d) to the Selective Service System. The
21 applicant's signature on the application serves as an
22 indication that the applicant either has already registered
23 with the Selective Service System or that he is authorizing
24 the Secretary to forward to the Selective Service System the
25 necessary information for registration. The Secretary must
26 notify the applicant at the time of application that his
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1 signature constitutes consent to registration with the
2 Selective Service System, if he is not already registered.
3 (e) Beginning on or before July 1, 2015, for each original
4 or renewal driver's license application under this Code, the
5 Secretary shall inquire as to whether the applicant is a
6 veteran for purposes of issuing a driver's license with a
7 veteran designation under subsection (e-5) of Section 6-110 of
8 this Code. The acceptable forms of proof shall include, but
9 are not limited to, Department of Defense form DD-214,
10 Department of Defense form DD-256 for applicants who did not
11 receive a form DD-214 upon the completion of initial basic
12 training, Department of Defense form DD-2 (Retired), an
13 identification card issued under the federal Veterans
14 Identification Card Act of 2015, or a United States Department
15 of Veterans Affairs summary of benefits letter. If the
16 document cannot be stamped, the Illinois Department of
17 Veterans' Affairs shall provide a certificate to the veteran
18 to provide to the Secretary of State. The Illinois Department
19 of Veterans' Affairs shall advise the Secretary as to what
20 other forms of proof of a person's status as a veteran are
21 acceptable.
22 For each applicant who is issued a driver's license with a
23 veteran designation, the Secretary shall provide the
24 Department of Veterans' Affairs with the applicant's name,
25 address, date of birth, gender and such other demographic
26 information as agreed to by the Secretary and the Department.
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1 The Department may take steps necessary to confirm the
2 applicant is a veteran. If after due diligence, including
3 writing to the applicant at the address provided by the
4 Secretary, the Department is unable to verify the applicant's
5 veteran status, the Department shall inform the Secretary, who
6 shall notify the applicant that he or she must confirm status
7 as a veteran, or the driver's license will be cancelled.
8 For purposes of this subsection (e):
9 "Armed forces" means any of the Armed Forces of the United
10 States, including a member of any reserve component or
11 National Guard unit.
12 "Veteran" means a person who has served in the armed
13 forces and was discharged or separated under honorable
14 conditions.
15 (f) An applicant who is eligible for Gold Star license
16 plates under Section 3-664 of this Code may apply for an
17 original or renewal driver's license with space for a
18 designation as a Gold Star Family. The Secretary may waive any
19 fee for this application. If the Secretary does not waive the
20 fee, any fee charged to the applicant must be deposited into
21 the Illinois Veterans Assistance Fund. The Secretary is
22 authorized to issue rules to implement this subsection.
23 (Source: P.A. 102-558, eff. 8-20-21; 103-210, eff. 7-1-24;
24 103-933, eff. 1-1-25.)
25 (625 ILCS 5/6-110.1)
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1 Sec. 6-110.1. Confidentiality of captured photographs or
2 images.
3 (a) The Secretary of State shall maintain a file on or
4 contract to file all photographs and signatures obtained in
5 the process of issuing a driver's license, permit, or
6 identification card. Except as otherwise provided in this
7 Section, the photographs and signatures shall be confidential
8 and shall not be disclosed except to the following persons:
9 (1) the individual to whom the driver's license or
10 permit was issued, upon written request;
11 (2) officers and employees of the Secretary of State
12 who have a need to have access to the stored images for
13 purposes of issuing and controlling driver's licenses,
14 permits, or identification cards and investigation of
15 fraud or misconduct;
16 (3) law enforcement officials for a civil or criminal
17 law enforcement investigation, except as restricted by
18 Section 6-110.3;
19 (3-5) the State Board of Elections for the sole
20 purpose of providing the signatures required by a local
21 election authority to register a voter through an online
22 voter registration system;
23 (3-10) officers and employees of the Secretary of
24 State who have a need to have access to the stored images
25 for purposes of issuing and controlling notary public
26 commissions and for the purpose of providing the
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1 signatures required to process online applications for
2 appointment and commission as notaries public; or
3 (4) other entities that the Secretary may authorize by
4 rule.
5 (b) The Secretary of State shall not provide facial
6 recognition search services or photographs obtained in the
7 process of issuing a driver's license or permit to any
8 federal, State, or local law enforcement agency or other
9 governmental entity for the purpose of enforcing federal
10 immigration laws. This subsection shall not apply to requests
11 from federal, State, or local law enforcement agencies or
12 other governmental entities for facial recognition search
13 services or photographs obtained in the process of issuing a
14 driver's license or permit when the purpose of the request
15 relates to criminal activity other than violations of
16 immigration laws.
17 (Source: P.A. 102-354, eff. 8-13-21; 103-210, eff. 7-1-24.)
18 (625 ILCS 5/6-110.2)
19 Sec. 6-110.2. Confidentiality of documents submitted with
20 an application for a driver's license. Documents required to
21 be submitted with an application for a driver's license to
22 prove the applicant's identity (name and date of birth),
23 social security number or lack of a social security number,
24 written signature, residency, and, as applicable, proof of
25 lawful status citizenship or immigration status and country of
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1 citizenship shall be confidential and shall not be disclosed
2 except to the following persons:
3 (1) the individual to whom the driver's license or
4 permit was issued, upon written request;
5 (2) officers and employees of the Secretary of State
6 who have a need to have access to the stored images for
7 purposes of issuing and controlling driver's licenses,
8 permits, or identification cards and investigation of
9 fraud or misconduct;
10 (3) law enforcement officials for a civil or criminal
11 law enforcement investigation, except as restricted by
12 Section 6-110.3;
13 (4) other entities that the Secretary may authorize by
14 rule.
15 (Source: P.A. 103-210, eff. 7-1-24.)
16 (625 ILCS 5/6-110.3 rep.)
17 Section 15. The Illinois Vehicle Code is amended by
18 repealing Section 6-110.3.
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1 INDEX
2 Statutes amended in order of appearance
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1 INDEX
2 Statutes amended in order of appearance
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