(15 ILCS 335/2) (from Ch. 124, par. 22)
(Text of Section before amendment by P.A. 103-210)
Sec. 2. Administration and powers and duties of the Administrator. (a) The Secretary of State is the Administrator of this Act, and he is
charged with the duty of observing, administering and enforcing the
provisions of this Act.
(b) The Secretary is vested with the powers and duties for the
proper administration of this Act as follows:
1. He shall organize the administration of this Act as he may deem necessary and |
| appoint such subordinate officers, clerks and other employees as may be necessary.
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2. From time to time, he may make, amend or rescind rules and regulations as may be in
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| the public interest to implement the Act.
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3. He may prescribe or provide suitable forms as necessary, including such forms as are
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| necessary to establish that an applicant for an Illinois Person with a Disability Identification Card is a "person with a disability" as defined in Section 4A of this Act, and establish that an applicant for a State identification card is a "homeless person" as defined in Section 1A of this Act.
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4. He may prepare under the seal of the Secretary of State certified copies of any
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| records utilized under this Act and any such certified copy shall be admissible in any proceeding in any court in like manner as the original thereof.
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5. Records compiled under this Act shall be maintained for 6 years, but the Secretary
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| may destroy such records with the prior approval of the State Records Commission.
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6. He shall examine and determine the genuineness, regularity and legality of every
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| application filed with him under this Act, and he may in all cases investigate the same, require additional information or proof or documentation from any applicant.
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7. He shall require the payment of all fees prescribed in this Act, and all such fees
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| received by him shall be placed in the Road Fund of the State treasury except as otherwise provided in Section 12 of this Act. Whenever any application to the Secretary for an identification card under this Act is accompanied by any fee, as required by law, and the application is denied after a review of eligibility, which may include facial recognition comparison, the applicant shall not be entitled to a refund of any fees paid.
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8. Beginning July 1, 2017, he shall refuse to issue a REAL ID compliant identification
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| card under this Act to any person who has been issued a REAL ID compliant driver's license under the Illinois Vehicle Code. Any such person may, at his or her discretion, surrender the REAL ID compliant driver's license in order to become eligible to obtain a REAL ID compliant identification card.
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9. The Secretary may issue both REAL ID compliant identification cards and
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| non-compliant identification cards, and may permit applicants to designate which type of identification card they wish to receive. All provisions of this Act applicable to non-compliant identification cards shall also apply to REAL ID compliant identification cards, except where the provisions are inconsistent with the REAL ID Act and implementing regulations. The Secretary shall establish by rule the date on which issuance of REAL ID compliant identification cards will begin.
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(Source: P.A. 99-143, eff. 7-27-15; 99-305, eff. 1-1-16; 99-511, eff. 1-1-17; 99-642, eff. 7-28-16; 100-248, eff. 8-22-17.)
(Text of Section after amendment by P.A. 103-210)
Sec. 2. Administration and powers and duties of the Administrator.
(a) The Secretary of State is the Administrator of this Act, and he is
charged with the duty of observing, administering and enforcing the
provisions of this Act.
(b) The Secretary is vested with the powers and duties for the
proper administration of this Act as follows:
1. He shall organize the administration of this Act as he may deem necessary and
|
| appoint such subordinate officers, clerks and other employees as may be necessary.
|
|
2. From time to time, he may make, amend or rescind rules and regulations as may be in
|
| the public interest to implement the Act.
|
|
3. He may prescribe or provide suitable forms as necessary, including such forms as are
|
| necessary to establish that an applicant for an Illinois Person with a Disability Identification Card is a "person with a disability" as defined in Section 4A of this Act, and establish that an applicant for a State identification card is a "homeless person" as defined in Section 1A of this Act.
|
|
4. He may prepare under the seal of the Secretary of State certified copies of any
|
| records utilized under this Act and any such certified copy shall be admissible in any proceeding in any court in like manner as the original thereof.
|
|
5. Records compiled under this Act shall be maintained for 6 years, but the Secretary
|
| may destroy such records with the prior approval of the State Records Commission.
|
|
6. He shall examine and determine the genuineness, regularity and legality of every
|
| application filed with him under this Act, and he may in all cases investigate the same, require additional information or proof or documentation from any applicant.
|
|
7. He shall require the payment of all fees prescribed in this Act, and all such fees
|
| received by him shall be placed in the Road Fund of the State treasury except as otherwise provided in Section 12 of this Act. Whenever any application to the Secretary for an identification card under this Act is accompanied by any fee, as required by law, and the application is denied after a review of eligibility, which may include facial recognition comparison, the applicant shall not be entitled to a refund of any fees paid.
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|
8. Beginning July 1, 2017, he shall refuse to issue a REAL ID compliant identification
|
| card under this Act to any person who has been issued a REAL ID compliant driver's license under the Illinois Vehicle Code. Any such person may, at his or her discretion, surrender the REAL ID compliant driver's license in order to become eligible to obtain a REAL ID compliant identification card.
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9. The Secretary may issue both REAL ID compliant identification cards and standard
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| identification cards, and may permit applicants to designate which type of identification card they wish to receive. All provisions of this Act applicable to standard identification cards shall also apply to REAL ID compliant identification cards, except where the provisions are inconsistent with the REAL ID Act and implementing regulations. The Secretary shall establish by rule the date on which issuance of REAL ID compliant identification cards will begin.
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(Source: P.A. 103-210, eff. 7-1-24.)
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