HB0099 97TH GENERAL ASSEMBLY

LRB097 02959 HEP 42984 b

97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB0099

Introduced 1/12/2011, by Rep. Lou Lang - William Davis - Linda Chapa LaVia

SYNOPSIS AS INTRODUCED:

See Index

Creates the REAL ID Compliant Identification Cards Act. Provides standards for the issuance of REAL ID compliant identification cards (REAL ID cards). Provides that an individual who possesses an Illinois driver's license or Illinois Disabled Person Identification Card may be issued a REAL ID card, but no individual may hold both a REAL ID card and a non-REAL ID card. Provides standards for rejection of applications, revocation and cancellation, violations, and limitations on use. Provides that the fees for REAL ID cards are as follows: original $75, renewal $75, corrected $50, duplicate $75, and expedited card $150. Provides that collected fees are deposited in the Secretary of State Identification Security and Theft Prevention Fund and sets forth purposes for the use of those funds. Amends the Secretary of State Act to provide where federal agencies or agencies of any state government impose a fee upon the Secretary of State for the use of any data or communications systems maintained by those agencies, the Secretary of State may impose a reasonable reciprocal fee for any data or services provided to those agencies. Amends the Illinois Identification Card Act and Illinois Vehicle Code to provide that non-REAL ID cards shall have the phrase "Not for REAL ID Purposes" appearing on the face of the card and the color or design of the non-REAL ID cards shall be unique from REAL ID cards. Makes other changes. Effective immediately.

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning identification.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Short title. This Act may be cited as the REAL ID Compliant Identification Cards Act.

Section 5. Issuance of REAL ID compliant identification cards.

(a) As used in this Act:

"REAL ID compliant identification card" means an identification card issued in compliance with the requirements of the REAL ID Act of 2005.

"Secretary" means the Secretary of State of this State.

"The REAL ID Act of 2005" means United States P.L. 109-13, as amended.

(b) To comply with the requirements of the REAL ID Act of 2005, and rules and regulations issued thereunder, the Secretary shall:

(1) require applicants for REAL ID compliant identification cards to provide:

(A) proof of the applicant's full legal name, as it appears on the applicant's birth certificate, naturalization documents, U.S. passport, immigration documents, court order, or as adopted pursuant to marriage;

(B) a photo identification document, or a non-photo identification document if that document includes the applicant's full legal name and date of birth;

(C) documentation showing the applicant's date of birth;

(D) proof of the applicant's social security account number or verification that the applicant is not eligible for a social security account number;

(E) documentation showing the applicant's address of principal residence and mailing address, if different; and

(F) documentation verifying the applicant's signature.

(2) require applicants for REAL ID compliant identification cards to provide:

(A) proof of United States citizenship by presenting a certified copy of the applicant's birth certificate, consular report of birth abroad, naturalization documents, or U.S. passport; or

(B) provide valid documentary evidence that the applicant:

(i) is an alien lawfully admitted for permanent or temporary residence;

(ii) has conditional permanent resident status;

(iii) has a valid, unexpired nonimmigrant visa or nonimmigrant visa status for entry;

(iv) has a pending or approved application for asylum;

(v) has refugee status;

(vi) has a pending or approved application for temporary protected status;

(vii) has approved deferred action status; or

(viii) has a pending application for adjustment of status to that of an alien lawfully admitted for permanent residence or conditional permanent resident status.

(3) include on all REAL ID compliant identification cards issued pursuant to this Section the card holder's:

(A) full legal name;

(B) date of birth;

(C) gender;

(D) card number;

(E) digital photograph;

(F) address of principal residence, unless permitted to be kept confidential pursuant to administrative rule;

(G) signature;

(H) date of issuance; and

(I) date of expiration.

(4) refuse to issue a REAL ID compliant identification card to an applicant who holds a valid foreign state drivers license, REAL ID card, or other identification card or permit, unless the applicant first surrenders to the Secretary any such valid foreign state drivers license, identification card or permit.

(c) An individual who possesses an Illinois driver's license or Illinois Disabled Person Identification Card may be issued a REAL ID compliant identification card. However, no individual may hold both a REAL ID compliant identification card and a non-REAL ID compliant Illinois identification card.

(d) The term of REAL ID compliant identification cards shall be as follows:

(1) REAL ID compliant identification cards issued to applicants pursuant to subdivision (a)(2)(A) of this Act shall be valid for 8 years from the date of issuance, or for such shorter period as the Secretary may prescribe by rule;

(2) REAL ID compliant identification cards issued to applicants pursuant to subdivision (a)(2)(B) of this Act shall be valid for the applicant's authorized period of stay in this country, or for the period of the validity of REAL ID compliant identification cards issued to applicants pursuant to subdivision (a)(2)(A), whichever is shorter. REAL ID compliant identification cards issued to applicants pursuant to subdivision (a)(2)(B), where those applicants have an indefinite authorized period of stay in this country, shall not be valid for more than one year.

(e) The Secretary may provide by rule for the staggering of the time at which individuals are eligible to apply for a REAL ID compliant identification card, based upon date of birth, first letter of last name, or such other factors as the Secretary deems appropriate. Such staggering of eligibility shall be designed to spread out the issuance of new cards over a period of years, thereby making the issuance and renewal process more efficient.

(f) The Secretary may provide for the printing and distribution of REAL ID compliant identification cards from a centralized location subsequent to the application for the card.

(g) The Secretary may provide for the expedited processing of applications and issuance of REAL ID compliant identification cards for an additional fee.

(h) The Secretary shall provide by rule for the effective date of the implementation of the provisions set forth in this Section, which date shall be not more than 3 months prior to the date upon which this State is required to come into compliance with the requirements of the REAL ID Act of 2005.

(i) The Secretary may promulgate such other rules as are necessary to carry out the provisions of this Section.

(j) Any State official or employee who acts in good faith in accordance with the terms of this Act is not liable for damages in any civil action or subject to prosecution in any criminal proceeding for his or her act.

Section 10. Rejection of applications and revocation and cancellation of cards.

(a) The Secretary may reject or deny any REAL ID compliant identification card application if the Secretary:

(1) is not satisfied with the genuineness, regularity or legality of any application;

(2) has not been supplied with the required information;

(3) is not satisfied with the truth of any information or documentation supplied by an applicant;

(4) determines that the applicant is not entitled to the card as applied for;

(5) determines that any fraud was committed by the applicant;

(6) determines that a signature is not valid or is a forgery;

(7) determines that the applicant has not paid the prescribed fee; or

(8) cannot verify the accuracy of any information or documentation submitted by the applicant.

(b) The Secretary may cancel or revoke any REAL ID compliant identification card issued by the Secretary, upon determining that:

(1) the holder is not legally entitled to the card;

(2) the applicant for the card made a false statement or knowingly concealed a material fact in any application filed by the applicant under this Act;

(3) any person has displayed or represented as his or her own a card not issued to the person;

(4) any holder has permitted the display or use of the holder's card by any other person;

(5) the signature of the applicant was a forgery or that the signature on the card is a forgery;

(6) a card has been used for any unlawful or fraudulent purpose;

(7) a card has been altered or defaced;

(8) a card has been duplicated for any purpose;

(9) a card was utilized to counterfeit such cards;

(10) the holder failed to appear at a REAL ID card issuance facility for the re-issuance of a card; or

(11) the holder has been issued a REAL ID identification document in another jurisdiction subsequent the issuance of the holder's Illinois REAL ID compliant identification card.

(c) The Secretary shall make a demand for return of any card which has been cancelled or revoked or issued in violation of this Act, and every person to whom such demand is addressed shall promptly, and without delay, return the card to the Secretary pursuant to the Secretary's instructions or surrender the card to the Secretary or any agent of the Secretary upon demand.

(d) The Secretary is authorized to take possession of any REAL ID compliant identification card which has been cancelled or revoked, is blank, has been altered, defaced, or duplicated, is counterfeit or contains a forgery, or has been otherwise issued in violation of this Act.

(e) The Secretary may confiscate any suspected fraudulent, fictitious, or altered documents submitted by an applicant in support of an application for a REAL ID compliant identification card.

Section 15. Fees concerning REAL ID compliant identification cards.

(a) The fees required under this Act for a REAL ID compliant identification card must accompany any application as provided for in this Act, and the Secretary shall collect such fees as follows:

(1) Original card................................$75

(2) Renewal card.................................$75

(3) Corrected card...............................$50

(4) Duplicate card...............................$75

(5) Expedited card..............................$150

(b) All fees collected pursuant to this Section shall be deposited in the Secretary of State Identification Security and Theft Prevention Fund, and shall be used, subject to appropriation, for any costs incident to identification security and theft prevention measures and implementing the requirements of the REAL ID Act of 2005, the issuance of secure identification documents, and the secure transmission and retention of information collected by the Secretary of State.

Section 20. Violations.

(a) It is a violation of this Act for any person:

(1) to display or present any document for the purpose of making application for a REAL ID compliant identification card knowing that such document contains false information concerning the identity of the applicant;

(2) to accept or allow to be accepted any document displayed or presented for the purpose of making application for a REAL ID compliant identification card knowing that such document contains false information concerning the identity of the applicant;

(3) to knowingly make any false affidavit or swear or affirm falsely to any matter or thing required by the terms of this Act to be sworn to or affirmed;

(4) to possess, display, or cause to be displayed any cancelled or revoked REAL ID compliant identification card;

(5) to display or represent as the person's own any REAL ID compliant identification card issued to another;

(6) to allow any unlawful use of a REAL ID compliant identification card issued to the person;

(7) to lend a REAL ID compliant identification card to another or knowingly allow the use thereof by another;

(8) to fail or refuse to surrender to the Secretary, the Secretary's agent or any peace officer upon lawful demand, any REAL ID compliant identification card which has been revoked or cancelled;

(9) to knowingly possess, use, or allow to be used any materials, hardware, or software specifically designed for or primarily used in the manufacture, assembly, issuance, or authentication of an official Illinois REAL ID compliant identification card; or

(10) to knowingly possess, use, or allow to be used a stolen REAL ID compliant identification card making implement.

(b) Sentence.

(1) Any person convicted of a violation of subdivisions (a)(1) through (a)(8) of this Section shall be guilty of a Class A misdemeanor and shall be sentenced to a minimum fine of $500. Any person convicted of a second or subsequent violation of subdivisions (a)(1) through (a)(8) of this Section shall be guilty of a Class 4 felony and shall be sentenced to a minimum fine of $1,000.

(2) Any person convicted of a violation of subdivisions (a)(10) through (a)(11) of this Section shall be guilty of a Class 4 felony and shall be sentenced to a minimum fine of $1,000. Any person convicted of a second or subsequent violation of subdivisions (a)(10) through (a)(11) of this Section shall be guilty of a Class 3 felony and sentenced to a minimum term of imprisonment of 6 months.

(c) This Section does not prohibit any lawfully authorized investigative, protective, law enforcement or other activity of any agency of the United States or the State of Illinois or any other state or political subdivision thereof.

(d) A conviction under this Section shall not prevent civil actions to recover losses covered by deceptive practices with any REAL ID compliant identification card.

Section 25. Limitations on use of identification card information.

(a) When information is obtained from a REAL ID compliant identification card issued by the Secretary to identify or prove the age of the holder of the card, or in the course of a commercial transaction, that information may be used only for purposes of identification of the individual or for completing the commercial transaction in which the information was obtained, including all subsequent payment, processing, collection, and other related actions. Information obtained from a REAL ID compliant identification card issued by the Secretary may not be used for purposes unrelated to the transaction in which it was obtained, including, but not limited to, commercial solicitations. Information obtained from a REAL ID compliant identification card issued by the Secretary to identify or prove the age of the holder of the card, or in the course of a commercial transaction, may not be sold, leased or otherwise provided to any third party.

(b) As used in this Section, "information" on a REAL ID compliant identification card issued by the Secretary includes readable text on the face of the card and information encoded or encrypted into a bar code, magnetic strip, or other electronically readable device on or in the card.

(c) Any individual whose REAL ID compliant identification card information has been used in violation of this Section has a cause of action against the person who violated this Section. Upon a finding that a negligent or knowing violation did occur, the individual whose information was used in violation of this Section is entitled to recover actual damages, but not less than liquidated damages in the amount of $250 for each violation, plus attorney's fees and the costs of bringing the action.

(d) Use of information contained on a REAL ID compliant identification card issued by the Secretary is not a violation of this Section if the individual whose information has been used gave express permission for that use, or if the information relating to the individual was obtained from a source other than the individual's identification card issued by the Secretary.

(e) This Section does not apply to any agency of the United States or to the State of Illinois or any of its political subdivisions.

(f) This Section does not apply to the transfer of information to a third party if (i) a federal or State law, rule, or regulation requires that the information be transferred to a third party after being recorded in specified transactions, or (ii) the information is transferred to a third party for purposes of the detection or possible prosecution of criminal offenses or fraud. If information is transferred to a third party under this subsection, it may be used only for the purposes authorized by this subsection.

(g) This Section does not apply to the use of information obtained from a REAL ID compliant identification card which has been provided by the holder of the card in the course of a potential or completed employment, commercial, business, or professional transaction for the purpose of completing written documents including, but not limited to, contracts, agreements, purchase orders, retail installment contracts, buyer's orders, purchase contracts, repair orders, applications, disclosure forms, or waiver forms.

Section 30. Injunctions. If any person operates in violation of any provision of this Act, or any rule, regulation, order, or decision of the Secretary, or in violation of any term, condition or limitation of any Illinois REAL ID compliant identification card, the Secretary, the Attorney General, or any person injured thereby, or any interested person, may apply to the Circuit Court of the county in which the violation or some part thereof occurred, or in which that person complained of has his place of business or resides, to prevent the violation. The Court has jurisdiction to enforce obedience by injunction or other process restraining such person from further violation and enjoining upon the person obedience.

Section 905. The Secretary of State Act is amended by changing Section 5.5 as follows:

(15 ILCS 305/5.5)

Sec. 5.5. Secretary of State fees.

(a) There shall be paid to the Secretary of State the following fees:

For certificate or apostille, with seal: $2.

For each certificate, without seal: $1.

For each commission to any officer or other person (except military commissions), with seal: $2.

For copies of exemplifications of records, or for a certified copy of any document, instrument, or paper when not otherwise provided by law, and it does not exceed legal size: $0.50 per page or any portion of a page; and $2 for the certificate, with seal affixed.

For copies of exemplifications of records or a certified copy of any document, instrument, or paper, when not otherwise provided for by law, that exceeds legal size: $1 per page or any portion of a page; and $2 for the certificate, with seal affixed.

For copies of bills or other papers: $0.50 per page or any portion of a page; and $2 for the certificate, with seal affixed, except that there shall be no charge for making or certifying copies that are furnished to any governmental agency for official use.

For recording a duplicate of an affidavit showing the appointment of trustees of a religious corporation: $0.50; and $2 for the certificate of recording, with seal affixed.

For filing and recording an application under the Soil Conservation Districts Law and making and issuing a certificate for the application, under seal: $10.

For recording any other document, instrument, or paper required or permitted to be recorded with the Secretary of State, which recording shall be done by any approved photographic or photostatic process, if the page to be recorded does not exceed legal size and the fees and charges therefor are not otherwise fixed by law: $0.50 per page or any portion of a page; and $2 for the certificate of recording, with seal affixed.

For recording any other document, instrument, or paper required or permitted to be recorded with the Secretary of State, which recording shall be done by any approved photographic or photostatic process, if the page to be recorded exceeds legal size and the fees and charges therefor are not otherwise fixed by law: $1 per page or any portion of a page; and $2 for the certificate of recording attached to the original, with seal affixed.

For each duplicate certified copy of a school land patent: $3.

For each photostatic copy of a township plat: $2.

For each page of a photostatic copy of surveyors field notes: $2.

For each page of a photostatic copy of a state land patent, including certification: $4.

For each page of a photostatic copy of a swamp land grant: $2.

For each page of photostatic copies of all other instruments or documents relating to land records: $2.

For each check, money order, or bank draft returned by the Secretary of State when it has not been honored: $25.

For any research request received after the effective date of the changes made to this Section by this amendatory Act of the 93rd General Assembly by an out-of-State or non-Illinois resident: $10, prepaid and nonrefundable, for which the requester will receive up to 2 unofficial noncertified copies of the records requested. The fees under this paragraph shall be deposited into the General Revenue Fund.

The Illinois State Archives is authorized to charge reasonable fees to reimburse the cost of production and distribution of copies of finding aids to the records that it holds or copies of published versions or editions of those records in printed, microfilm, or electronic formats. The fees under this paragraph shall be deposited into the General Revenue Fund.

As used in this Section, "legal size" means a sheet of paper that is 8.5 inches wide and 14 inches long, or written or printed matter on a sheet of paper that does not exceed that width and length, or either of them.

(b) Where federal agencies or agencies of any state government impose a fee upon the Secretary of State for the use of any data or communications systems maintained by those agencies, the Secretary of State may impose a reasonable reciprocal fee for any data or services provided to those agencies.

(Source: P.A. 93-32, eff. 1-1-04.)

Section 910. The Illinois Identification Card Act is amended by changing Sections 2 and 13 as follows:

(15 ILCS 335/2) (from Ch. 124, par. 22)

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 Disabled Person Identification Card is a "disabled person" 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.

8. He shall require that all non-REAL ID compliant identification cards printed after the date upon which this State is required to come into compliance with the requirements of P.L. 109-13 shall have the phrase "Not for REAL ID Purposes", or such other language as may be required by the Department of Homeland Security, appearing on the face of the cards and in the machine readable zone of the cards, and the color or design of the non-REAL ID compliant identification cards shall be of a distinct nature from REAL ID compliant identification cards.

(Source: P.A. 96-183, eff. 7-1-10.)

(15 ILCS 335/13) (from Ch. 124, par. 33)

Sec. 13. Rejection, denial, cancellation, or revocations.

(a) The Secretary of State may reject or deny any application if he:

1. is not satisfied with the genuineness, regularity or legality of any application; or

2. has not been supplied with the required information; or

3. is not satisfied with the truth of any information or documentation supplied by an applicant; or

4. determines that the applicant is not entitled to the card as applied for; or

5. determines that any fraud was committed by the applicant; or

6. determines that a signature is not valid or is a forgery; or

7. determines that the applicant has not paid the prescribed fee; or

8. determines that the applicant has falsely claimed to be a disabled person as defined in Section 4A of this Act; or

9. cannot verify the accuracy of any information or documentation submitted by the applicant.

(b) The Secretary of State may cancel or revoke any identification card issued by him, upon determining that:

1. the holder is not legally entitled to the card; or

2. the applicant for the card made a false statement or knowingly concealed a material fact in any application filed by him under this Act; or

3. any person has displayed or represented as his own a card not issued to him; or

4. any holder has permitted the display or use of his card by any other person; or

5. that the signature of the applicant was forgery or that the signature on the card is a forgery; or

6. a card has been used for any unlawful or fraudulent purpose; or

7. a card has been altered or defaced; or

8. any card has been duplicated for any purpose; or

9. any card was utilized to counterfeit such cards; or

10. the holder of an Illinois Disabled Person Identification Card is not a disabled person as defined in Section 4A of this Act; or

11. the holder failed to appear at a Driver Services facility for the reissuance of a card.

(b-5) The Secretary of State may cancel or revoke an Illinois Identification Card if the holder has been issued a REAL ID compliant identification card pursuant to the Illinois REAL ID Compliant Identification Cards Act. However, no Illinois Disabled Person Identification Card shall be cancelled based solely on the issuance of a REAL ID Compliant Identification Card.

(c) The Secretary shall make a demand for return of any card which has been cancelled or revoked, or issued in violation of this Act, and every person to whom such demand is addressed, shall promptly and without delay, return such card to the Secretary pursuant to his instructions, or, he shall surrender any such card to the Secretary or any agent of the Secretary upon demand.

(d) The Secretary of State is authorized to take possession of any Illinois Identification Card or Illinois Disabled Person Identification Card which has been cancelled or revoked, or which is blank, or which has been altered or defaced or duplicated or which is counterfeit or contains a forgery; or otherwise issued in violation of this Act.

(Source: P.A. 93-895, eff. 1-1-05.)

Section 915. The State Finance Act is amended by changing Section 6z-70 as follows:

(30 ILCS 105/6z-70)

Sec. 6z-70. The Secretary of State Identification Security and Theft Prevention Fund.

(a) The Secretary of State Identification Security and Theft Prevention Fund is created as a special fund in the State treasury. The Fund shall consist of any fund transfers, grants, fees, or moneys from other sources received for the purpose of funding identification security and theft prevention measures and implementing the requirements of the REAL ID Act of 2005, the issuance of secure identification documents, and the secure transmission and retention of information collected by the Security of State.

(b) All moneys in the Secretary of State Identification Security and Theft Prevention Fund shall be used, subject to appropriation, for any costs related to implementing identification security and theft prevention measures and implementing the requirements of the REAL ID Act of 2005, the issuance of secure identification documents, and the secure transmission and retention of information collected by the Security of State.

(c) Notwithstanding any other provision of State law to the contrary, on or after July 1, 2007, and until June 30, 2008, in addition to any other transfers that may be provided for by law, at the direction of and upon notification of the Secretary of State, the State Comptroller shall direct and the State Treasurer shall transfer amounts into the Secretary of State Identification Security and Theft Prevention Fund from the designated funds not exceeding the following totals:

Lobbyist Registration Administration Fund.......$100,000

Registered Limited Liability Partnership Fund....$75,000

Securities Investors Education Fund.............$500,000

Securities Audit and Enforcement Fund.........$5,725,000

Department of Business Services

Special Operations Fund.......................$3,000,000

Corporate Franchise Tax Refund Fund..........$3,000,000.

(d) Notwithstanding any other provision of State law to the contrary, on or after July 1, 2008, and until June 30, 2009, in addition to any other transfers that may be provided for by law, at the direction of and upon notification of the Secretary of State, the State Comptroller shall direct and the State Treasurer shall transfer amounts into the Secretary of State Identification Security and Theft Prevention Fund from the designated funds not exceeding the following totals:

Lobbyist Registration Administration Fund........$100,000

Registered Limited Liability Partnership Fund.....$75,000

Securities Investors Education Fund..............$500,000

Securities Audit and Enforcement Fund..........$5,725,000

Department of Business Services

Special Operations Fund...................$3,000,000

Corporate Franchise Tax Refund Fund............$3,000,000

State Parking Facility Maintenance Fund.........$100,000

(e) Notwithstanding any other provision of State law to the contrary, on or after July 1, 2009, and until June 30, 2010, in addition to any other transfers that may be provided for by law, at the direction of and upon notification of the Secretary of State, the State Comptroller shall direct and the State Treasurer shall transfer amounts into the Secretary of State Identification Security and Theft Prevention Fund from the designated funds not exceeding the following totals:

Lobbyist Registration Administration Fund.......$100,000

Registered Limited Liability Partnership Fund...$175,000

Securities Investors Education Fund.............$750,000

Securities Audit and Enforcement Fund...........$750,000

Department of Business Services

Special Operations Fund...................$3,000,000

Corporate Franchise Tax Refund Fund...........$3,000,000

State Parking Facility Maintenance Fund.........$100,000

(f) Notwithstanding any other provision of State law to the contrary, on or after July 1, 2010, and until June 30, 2011, in addition to any other transfers that may be provided for by law, at the direction of and upon notification of the Secretary of State, the State Comptroller shall direct and the State Treasurer shall transfer amounts into the Secretary of State Identification Security and Theft Prevention Fund from the designated funds not exceeding the following totals:

Registered Limited Liability Partnership Fund...$287,000

Securities Investors Education Board............$750,000

Securities Audit and Enforcement Fund...........$750,000

Department of Business Services Special

Operations Fund...........................$3,000,000

Corporate Franchise Tax Refund Fund...........$3,000,000

(g) If the balance in the State Identification Security and Theft Prevention Fund exceeds $50,000,000 on the last day of any fiscal year, then the amount of the fund in excess of $50,000,000 on that day shall be transferred to the General Revenue Fund. All other moneys remaining in the State Identification Security and Theft Prevention Fund shall be appropriated only for use by the Secretary pursuant to this Act.

(Source: P.A. 95-707, eff. 1-11-08; 95-744, eff. 7-18-08; 96-45, eff. 7-15-09; 96-959, eff. 7-1-10.)

Section 920. The Illinois Vehicle Code is amended by changing Sections 6-110 and 6-110.1 as follows:

(625 ILCS 5/6-110) (from Ch. 95 1/2, par. 6-110)

Sec. 6-110. Licenses issued to drivers.

(a) The Secretary of State shall issue to every qualifying applicant a driver's license as applied for, which license shall bear a distinguishing number assigned to the licensee, the legal name, signature, zip code, date of birth, residence address, and a brief description of the licensee.

Licenses issued shall also indicate the classification and the restrictions under Section 6-104 of this Code.

In lieu of the social security number, the Secretary may in his discretion substitute a federal tax number or other distinctive number.

A driver's license issued may, in the discretion of the Secretary, include a suitable photograph of a type prescribed by the Secretary.

(a-1) If the licensee is less than 18 years of age, unless one of the exceptions in subsection (a-2) apply, the license shall, as a matter of law, be invalid for the operation of any motor vehicle during the following times:

(A) Between 11:00 p.m. Friday and 6:00 a.m. Saturday;

(B) Between 11:00 p.m. Saturday and 6:00 a.m. on Sunday; and

(C) Between 10:00 p.m. on Sunday to Thursday, inclusive, and 6:00 a.m. on the following day.

(a-2) The driver's license of a person under the age of 18 shall not be invalid as described in subsection (a-1) of this Section if the licensee under the age of 18 was:

(1) accompanied by the licensee's parent or guardian or other person in custody or control of the minor;

(2) on an errand at the direction of the minor's parent or guardian, without any detour or stop;

(3) in a motor vehicle involved in interstate travel;

(4) going to or returning home from an employment activity, without any detour or stop;

(5) involved in an emergency;

(6) going to or returning home from, without any detour or stop, an official school, religious, or other recreational activity supervised by adults and sponsored by a government or governmental agency, a civic organization, or another similar entity that takes responsibility for the licensee, without any detour or stop;

(7) exercising First Amendment rights protected by the United States Constitution, such as the free exercise of religion, freedom of speech, and the right of assembly; or

(8) married or had been married or is an emancipated minor under the Emancipation of Minors Act.

(a-2.5) The driver's license of a person who is 17 years of age and has been licensed for at least 12 months is not invalid as described in subsection (a-1) of this Section while the licensee is participating as an assigned driver in a Safe Rides program that meets the following criteria:

(1) the program is sponsored by the Boy Scouts of America or another national public service organization; and

(2) the sponsoring organization carries liability insurance covering the program.

(a-3) If a graduated driver's license holder over the age of 18 committed an offense against traffic regulations governing the movement of vehicles or any violation of Section 6-107 or Section 12-603.1 of this Code in the 6 months prior to the graduated driver's license holder's 18th birthday, and was subsequently convicted of the offense, the provisions of subsection (a-1) shall continue to apply until such time as a period of 6 consecutive months has elapsed without an additional violation and subsequent conviction of an offense against traffic regulations governing the movement of vehicles or Section 6-107 or Section 12-603.1 of this Code.

(a-4) If an applicant for a driver's license or instruction permit has a current identification card issued by the Secretary of State, the Secretary may require the applicant to utilize the same residence address and name on the identification card, driver's license, and instruction permit records maintained by the Secretary. The Secretary may promulgate rules to implement this provision.

(b) Until the Secretary of State establishes a First Person Consent organ and tissue donor registry under Section 6-117 of this Code, the Secretary of State shall provide a format on the reverse of each driver's license issued which the licensee may use to execute a document of gift conforming to the provisions of the Illinois Anatomical Gift Act. The format shall allow the licensee to indicate the gift intended, whether specific organs, any organ, or the entire body, and shall accommodate the signatures of the donor and 2 witnesses. The Secretary shall also inform each applicant or licensee of this format, describe the procedure for its execution, and may offer the necessary witnesses; provided that in so doing, the Secretary shall advise the applicant or licensee that he or she is under no compulsion to execute a document of gift. A brochure explaining this method of executing an anatomical gift document shall be given to each applicant or licensee. The brochure shall advise the applicant or licensee that he or she is under no compulsion to execute a document of gift, and that he or she may wish to consult with family, friends or clergy before doing so. The Secretary of State may undertake additional efforts, including education and awareness activities, to promote organ and tissue donation.

(c) The Secretary of State shall designate on each driver's license issued a space where the licensee may place a sticker or decal of the uniform size as the Secretary may specify, which sticker or decal may indicate in appropriate language that the owner of the license carries an Emergency Medical Information Card.

The sticker may be provided by any person, hospital, school, medical group, or association interested in assisting in implementing the Emergency Medical Information Card, but shall meet the specifications as the Secretary may by rule or regulation require.

(d) The Secretary of State shall designate on each driver's license issued a space where the licensee may indicate his blood type and RH factor.

(e) The Secretary of State shall provide that each original or renewal driver's license issued to a licensee under 21 years of age shall be of a distinct nature from those driver's licenses issued to individuals 21 years of age and older. The color designated for driver's licenses for licensees under 21 years of age shall be at the discretion of the Secretary of State.

(e-1) The Secretary shall provide that each driver's license issued to a person under the age of 21 displays the date upon which the person becomes 18 years of age and the date upon which the person becomes 21 years of age.

(f) The Secretary of State shall inform all Illinois licensed commercial motor vehicle operators of the requirements of the Uniform Commercial Driver License Act, Article V of this Chapter, and shall make provisions to insure that all drivers, seeking to obtain a commercial driver's license, be afforded an opportunity prior to April 1, 1992, to obtain the license. The Secretary is authorized to extend driver's license expiration dates, and assign specific times, dates and locations where these commercial driver's tests shall be conducted. Any applicant, regardless of the current expiration date of the applicant's driver's license, may be subject to any assignment by the Secretary. Failure to comply with the Secretary's assignment may result in the applicant's forfeiture of an opportunity to receive a commercial driver's license prior to April 1, 1992.

(g) The Secretary of State shall designate on a driver's license issued, a space where the licensee may indicate that he or she has drafted a living will in accordance with the Illinois Living Will Act or a durable power of attorney for health care in accordance with the Illinois Power of Attorney Act.

(g-1) The Secretary of State, in his or her discretion, may designate on each driver's license issued a space where the licensee may place a sticker or decal, issued by the Secretary of State, of uniform size as the Secretary may specify, that shall indicate in appropriate language that the owner of the license has renewed his or her driver's license.

(g-2) The Secretary of State shall require that all driver's licenses printed after the implementation of the REAL ID Compliant Identification Cards Act shall have the phrase "Not for REAL ID Purposes", or such other language as may be required by the Department of Homeland Security, appearing on the face of and in the machine readable zone of the driver's licenses, and the color or design of the driver's licenses shall be of a distinct nature from REAL ID compliant identification cards.

(h) A person who acts in good faith in accordance with the terms of this Section is not liable for damages in any civil action or subject to prosecution in any criminal proceeding for his or her act.

(Source: P.A. 95-310, eff. 1-1-08; 95-747, eff. 7-22-08; 96-607, eff. 8-24-09; 96-1231, eff. 7-23-10.)

(625 ILCS 5/6-110.1)

Sec. 6-110.1. Confidentiality of captured photographs or images. The Secretary of State shall maintain a file on or contract to file all photographs and signatures obtained in the process of applying for or issuing a driver's license, permit, REAL ID compliant identification card, or identification card. The photographs and signatures shall be confidential and shall not be disclosed except to the following persons:

(1) the individual upon written request;

(2) officers and employees of the Secretary of State who have a need to have access to the stored images for purposes of applying for, issuing and controlling driver's licenses, permits, REAL ID compliant identification cards, or identification cards;

(3) law enforcement officials of this State, another state or the federal government, for a lawful civil or criminal law enforcement investigation; or

(4) other entities that the Secretary may exempt by rule; or .

(5) other states as necessary to comply with United States P.L. 109-13.

(Source: P.A. 92-16, eff. 6-28-01.)

Section 999. Effective date. This Act takes effect upon becoming law.