Rep. Stephanie A. Kifowit

Filed: 5/14/2024

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 458

2    AMENDMENT NO. ______. Amend House Bill 458 by replacing
3everything after the enacting clause with the following:
 
4    "Section 1. This Act may be referred to as the Military
5Family Anti-Discrimination Act.
 
6    Section 5. The Illinois Identification Card Act is amended
7by changing Sections 4 and 5 as follows:
 
8    (15 ILCS 335/4)
9    (Text of Section before amendment by P.A. 103-210)
10    Sec. 4. Identification card.
11    (a) The Secretary of State shall issue a standard Illinois
12Identification Card to any natural person who is a resident of
13the State of Illinois who applies for such card, or renewal
14thereof. No identification card shall be issued to any person
15who holds a valid foreign state identification card, license,

 

 

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1or permit unless the person first surrenders to the Secretary
2of State the valid foreign state identification card, license,
3or permit. The card shall be prepared and supplied by the
4Secretary of State and shall include a photograph and
5signature or mark of the applicant. However, the Secretary of
6State may provide by rule for the issuance of Illinois
7Identification Cards without photographs if the applicant has
8a bona fide religious objection to being photographed or to
9the display of his or her photograph. The Illinois
10Identification Card may be used for identification purposes in
11any lawful situation only by the person to whom it was issued.
12As used in this Act, "photograph" means any color photograph
13or digitally produced and captured image of an applicant for
14an identification card. As used in this Act, "signature" means
15the name of a person as written by that person and captured in
16a manner acceptable to the Secretary of State.
17    (a-5) If an applicant for an identification card has a
18current driver's license or instruction permit issued by the
19Secretary of State, the Secretary may require the applicant to
20utilize the same residence address and name on the
21identification card, driver's license, and instruction permit
22records maintained by the Secretary. The Secretary may
23promulgate rules to implement this provision.
24    (a-10) If the applicant is a judicial officer as defined
25in Section 1-10 of the Judicial Privacy Act or a peace officer,
26the applicant may elect to have his or her office or work

 

 

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1address listed on the card instead of the applicant's
2residence or mailing address. The Secretary may promulgate
3rules to implement this provision. For the purposes of this
4subsection (a-10), "peace officer" means any person who by
5virtue of his or her office or public employment is vested by
6law with a duty to maintain public order or to make arrests for
7a violation of any penal statute of this State, whether that
8duty extends to all violations or is limited to specific
9violations.
10    (a-15) The Secretary of State may provide for an expedited
11process for the issuance of an Illinois Identification Card.
12The Secretary shall charge an additional fee for the expedited
13issuance of an Illinois Identification Card, to be set by
14rule, not to exceed $75. All fees collected by the Secretary
15for expedited Illinois Identification Card service shall be
16deposited into the Secretary of State Special Services Fund.
17The Secretary may adopt rules regarding the eligibility,
18process, and fee for an expedited Illinois Identification
19Card. If the Secretary of State determines that the volume of
20expedited identification card requests received on a given day
21exceeds the ability of the Secretary to process those requests
22in an expedited manner, the Secretary may decline to provide
23expedited services, and the additional fee for the expedited
24service shall be refunded to the applicant.
25    (a-20) The Secretary of State shall issue a standard
26Illinois Identification Card to a person committed to the

 

 

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1Department of Corrections or Department of Juvenile Justice
2upon receipt of the person's birth certificate, social
3security card, photograph, proof of residency upon discharge,
4and an identification card application transferred via a
5secure method as agreed upon by the Secretary and the
6Department of Corrections or Department of Juvenile Justice.
7Illinois residency shall be established by submission of a
8Secretary of State prescribed Identification Card verification
9form completed by the respective Department.
10    (a-25) The Secretary of State shall issue a limited-term
11Illinois Identification Card valid for 90 days to a committed
12person upon release on parole, mandatory supervised release,
13aftercare release, final discharge, or pardon from the
14Department of Corrections or Department of Juvenile Justice,
15if the released person is unable to present a certified copy of
16his or her birth certificate and social security card or other
17documents authorized by the Secretary, but does present a
18Secretary of State prescribed Identification Card verification
19form completed by the Department of Corrections or Department
20of Juvenile Justice, verifying the released person's date of
21birth, social security number, and his or her Illinois
22residence address. The verification form must have been
23completed no more than 30 days prior to the date of application
24for the Illinois Identification Card.
25    Prior to the expiration of the 90-day period of the
26limited-term Illinois Identification Card, if the released

 

 

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1person submits to the Secretary of State a certified copy of
2his or her birth certificate and his or her social security
3card or other documents authorized by the Secretary, a
4standard Illinois Identification Card shall be issued. A
5limited-term Illinois Identification Card may not be renewed.
6    (a-30) The Secretary of State shall issue a standard
7Illinois Identification Card to a person upon conditional
8release or absolute discharge from the custody of the
9Department of Human Services, if the person presents a
10certified copy of his or her birth certificate, social
11security card, or other documents authorized by the Secretary,
12and a document proving his or her Illinois residence address.
13The Secretary of State shall issue a standard Illinois
14Identification Card to a person prior to his or her
15conditional release or absolute discharge if personnel from
16the Department of Human Services bring the person to a
17Secretary of State location with the required documents.
18Documents proving residence address may include any official
19document of the Department of Human Services showing the
20person's address after release and a Secretary of State
21prescribed verification form, which may be executed by
22personnel of the Department of Human Services.
23    (a-35) The Secretary of State shall issue a limited-term
24Illinois Identification Card valid for 90 days to a person
25upon conditional release or absolute discharge from the
26custody of the Department of Human Services, if the person is

 

 

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1unable to present a certified copy of his or her birth
2certificate and social security card or other documents
3authorized by the Secretary, but does present a Secretary of
4State prescribed verification form completed by the Department
5of Human Services, verifying the person's date of birth and
6social security number, and a document proving his or her
7Illinois residence address. The verification form must have
8been completed no more than 30 days prior to the date of
9application for the Illinois Identification Card. The
10Secretary of State shall issue a limited-term Illinois
11Identification Card to a person no sooner than 14 days prior to
12his or her conditional release or absolute discharge if
13personnel from the Department of Human Services bring the
14person to a Secretary of State location with the required
15documents. Documents proving residence address shall include
16any official document of the Department of Human Services
17showing the person's address after release and a Secretary of
18State prescribed verification form, which may be executed by
19personnel of the Department of Human Services.
20    (b) The Secretary of State shall issue a special Illinois
21Identification Card, which shall be known as an Illinois
22Person with a Disability Identification Card, to any natural
23person who is a resident of the State of Illinois, who is a
24person with a disability as defined in Section 4A of this Act,
25who applies for such card, or renewal thereof. No Illinois
26Person with a Disability Identification Card shall be issued

 

 

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1to any person who holds a valid foreign state identification
2card, license, or permit unless the person first surrenders to
3the Secretary of State the valid foreign state identification
4card, license, or permit. The Secretary of State shall charge
5no fee to issue such card. The card shall be prepared and
6supplied by the Secretary of State, and shall include a
7photograph and signature or mark of the applicant, a
8designation indicating that the card is an Illinois Person
9with a Disability Identification Card, and shall include a
10comprehensible designation of the type and classification of
11the applicant's disability as set out in Section 4A of this
12Act. However, the Secretary of State may provide by rule for
13the issuance of Illinois Person with a Disability
14Identification Cards without photographs if the applicant has
15a bona fide religious objection to being photographed or to
16the display of his or her photograph. If the applicant so
17requests, the card shall include a description of the
18applicant's disability and any information about the
19applicant's disability or medical history which the Secretary
20determines would be helpful to the applicant in securing
21emergency medical care. If a mark is used in lieu of a
22signature, such mark shall be affixed to the card in the
23presence of two witnesses who attest to the authenticity of
24the mark. The Illinois Person with a Disability Identification
25Card may be used for identification purposes in any lawful
26situation by the person to whom it was issued.

 

 

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1    The Illinois Person with a Disability Identification Card
2may be used as adequate documentation of disability in lieu of
3a physician's determination of disability, a determination of
4disability from a physician assistant, a determination of
5disability from an advanced practice registered nurse, or any
6other documentation of disability whenever any State law
7requires that a person with a disability provide such
8documentation of disability, however an Illinois Person with a
9Disability Identification Card shall not qualify the
10cardholder to participate in any program or to receive any
11benefit which is not available to all persons with like
12disabilities. Notwithstanding any other provisions of law, an
13Illinois Person with a Disability Identification Card, or
14evidence that the Secretary of State has issued an Illinois
15Person with a Disability Identification Card, shall not be
16used by any person other than the person named on such card to
17prove that the person named on such card is a person with a
18disability or for any other purpose unless the card is used for
19the benefit of the person named on such card, and the person
20named on such card consents to such use at the time the card is
21so used.
22    An optometrist's determination of a visual disability
23under Section 4A of this Act is acceptable as documentation
24for the purpose of issuing an Illinois Person with a
25Disability Identification Card.
26    When medical information is contained on an Illinois

 

 

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1Person with a Disability Identification Card, the Office of
2the Secretary of State shall not be liable for any actions
3taken based upon that medical information.
4    (c) The Secretary of State shall provide that each
5original or renewal Illinois Identification Card or Illinois
6Person with a Disability Identification Card issued to a
7person under the age of 21 shall be of a distinct nature from
8those Illinois Identification Cards or Illinois Person with a
9Disability Identification Cards issued to individuals 21 years
10of age or older. The color designated for Illinois
11Identification Cards or Illinois Person with a Disability
12Identification Cards for persons under the age of 21 shall be
13at the discretion of the Secretary of State.
14    (c-1) Each original or renewal Illinois Identification
15Card or Illinois Person with a Disability Identification Card
16issued to a person under the age of 21 shall display the date
17upon which the person becomes 18 years of age and the date upon
18which the person becomes 21 years of age.
19    (c-3) The General Assembly recognizes the need to identify
20military veterans living in this State for the purpose of
21ensuring that they receive all of the services and benefits to
22which they are legally entitled, including healthcare,
23education assistance, and job placement. To assist the State
24in identifying these veterans and delivering these vital
25services and benefits, the Secretary of State is authorized to
26issue Illinois Identification Cards and Illinois Person with a

 

 

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1Disability Identification Cards with the word "veteran"
2appearing on the face of the cards. This authorization is
3predicated on the unique status of veterans. The Secretary may
4not issue any other identification card which identifies an
5occupation, status, affiliation, hobby, or other unique
6characteristics of the identification card holder which is
7unrelated to the purpose of the identification card.
8    (c-5) Beginning on or before July 1, 2015, the Secretary
9of State shall designate a space on each original or renewal
10identification card where, at the request of the applicant,
11the word "veteran" shall be placed. The veteran designation
12shall be available to a person identified as a veteran under
13subsection (b) of Section 5 of this Act who was discharged or
14separated under honorable conditions.
15    (d) The Secretary of State may issue a Senior Citizen
16discount card, to any natural person who is a resident of the
17State of Illinois who is 60 years of age or older and who
18applies for such a card or renewal thereof. The Secretary of
19State shall charge no fee to issue such card. The card shall be
20issued in every county and applications shall be made
21available at, but not limited to, nutrition sites, senior
22citizen centers and Area Agencies on Aging. The applicant,
23upon receipt of such card and prior to its use for any purpose,
24shall have affixed thereon in the space provided therefor his
25signature or mark.
26    (e) The Secretary of State, in his or her discretion, may

 

 

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1designate on each Illinois Identification Card or Illinois
2Person with a Disability Identification Card a space where the
3card holder may place a sticker or decal, issued by the
4Secretary of State, of uniform size as the Secretary may
5specify, that shall indicate in appropriate language that the
6card holder has renewed his or her Illinois Identification
7Card or Illinois Person with a Disability Identification Card.
8    (f) Upon providing required documentation, at the request
9of the applicant, the identification card may reflect Gold
10Star Family designation. The Secretary shall designate a space
11on each original or renewal of an identification card for such
12designation. This designation shall be available to a person
13eligible for Gold Star license plates under subsection (f) of
14Section 6-106 of the Illinois Vehicle Code.
15(Source: P.A. 102-299, eff. 8-6-21; 103-345, eff. 1-1-24.)
 
16    (Text of Section after amendment by P.A. 103-210)
17    Sec. 4. Identification card.
18    (a) The Secretary of State shall issue a standard Illinois
19Identification Card to any natural person who is a resident of
20the State of Illinois who applies for such card, or renewal
21thereof. No identification card shall be issued to any person
22who holds a valid foreign state identification card, license,
23or permit unless the person first surrenders to the Secretary
24of State the valid foreign state identification card, license,
25or permit. The card shall be prepared and supplied by the

 

 

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1Secretary of State and shall include a photograph and
2signature or mark of the applicant. However, the Secretary of
3State may provide by rule for the issuance of Illinois
4Identification Cards without photographs if the applicant has
5a bona fide religious objection to being photographed or to
6the display of his or her photograph. The Illinois
7Identification Card may be used for identification purposes in
8any lawful situation only by the person to whom it was issued.
9As used in this Act, "photograph" means any color photograph
10or digitally produced and captured image of an applicant for
11an identification card. As used in this Act, "signature" means
12the name of a person as written by that person and captured in
13a manner acceptable to the Secretary of State.
14    (a-5) If an applicant for an identification card has a
15current driver's license or instruction permit issued by the
16Secretary of State, the Secretary may require the applicant to
17utilize the same residence address and name on the
18identification card, driver's license, and instruction permit
19records maintained by the Secretary. The Secretary may
20promulgate rules to implement this provision.
21    (a-10) If the applicant is a judicial officer as defined
22in Section 1-10 of the Judicial Privacy Act or a peace officer,
23the applicant may elect to have his or her office or work
24address listed on the card instead of the applicant's
25residence or mailing address. The Secretary may promulgate
26rules to implement this provision. For the purposes of this

 

 

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1subsection (a-10), "peace officer" means any person who by
2virtue of his or her office or public employment is vested by
3law with a duty to maintain public order or to make arrests for
4a violation of any penal statute of this State, whether that
5duty extends to all violations or is limited to specific
6violations.
7    (a-15) The Secretary of State may provide for an expedited
8process for the issuance of an Illinois Identification Card.
9The Secretary shall charge an additional fee for the expedited
10issuance of an Illinois Identification Card, to be set by
11rule, not to exceed $75. All fees collected by the Secretary
12for expedited Illinois Identification Card service shall be
13deposited into the Secretary of State Special Services Fund.
14The Secretary may adopt rules regarding the eligibility,
15process, and fee for an expedited Illinois Identification
16Card. If the Secretary of State determines that the volume of
17expedited identification card requests received on a given day
18exceeds the ability of the Secretary to process those requests
19in an expedited manner, the Secretary may decline to provide
20expedited services, and the additional fee for the expedited
21service shall be refunded to the applicant.
22    (a-20) The Secretary of State shall issue a standard
23Illinois Identification Card to a person committed to the
24Department of Corrections or Department of Juvenile Justice
25upon receipt of the person's birth certificate, social
26security card, if the person has a social security number,

 

 

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1photograph, proof of residency upon discharge, and an
2identification card application transferred via a secure
3method as agreed upon by the Secretary and the Department of
4Corrections or Department of Juvenile Justice, if the person
5has a social security number,. Illinois residency shall be
6established by submission of a Secretary of State prescribed
7Identification Card verification form completed by the
8respective Department.
9    (a-25) The Secretary of State shall issue a limited-term
10Illinois Identification Card valid for 90 days to a committed
11person upon release on parole, mandatory supervised release,
12aftercare release, final discharge, or pardon from the
13Department of Corrections or Department of Juvenile Justice,
14if the released person is unable to present a certified copy of
15his or her birth certificate and social security card, if the
16person has a social security number, or other documents
17authorized by the Secretary, but does present a Secretary of
18State prescribed Identification Card verification form
19completed by the Department of Corrections or Department of
20Juvenile Justice, verifying the released person's date of
21birth, social security number, if the person has a social
22security number, and his or her Illinois residence address.
23The verification form must have been completed no more than 30
24days prior to the date of application for the Illinois
25Identification Card.
26    Prior to the expiration of the 90-day period of the

 

 

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1limited-term Illinois Identification Card, if the released
2person submits to the Secretary of State a certified copy of
3his or her birth certificate and his or her social security
4card, if the person has a social security number, or other
5documents authorized by the Secretary, a standard Illinois
6Identification Card shall be issued. A limited-term Illinois
7Identification Card may not be renewed.
8    (a-30) The Secretary of State shall issue a standard
9Illinois Identification Card to a person upon conditional
10release or absolute discharge from the custody of the
11Department of Human Services, if the person presents a
12certified copy of his or her birth certificate, social
13security card, if the person has a social security number, or
14other documents authorized by the Secretary, and a document
15proving his or her Illinois residence address. The Secretary
16of State shall issue a standard Illinois Identification Card
17to a person prior to his or her conditional release or absolute
18discharge if personnel from the Department of Human Services
19bring the person to a Secretary of State location with the
20required documents. Documents proving residence address may
21include any official document of the Department of Human
22Services showing the person's address after release and a
23Secretary of State prescribed verification form, which may be
24executed by personnel of the Department of Human Services.
25    (a-35) The Secretary of State shall issue a limited-term
26Illinois Identification Card valid for 90 days to a person

 

 

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1upon conditional release or absolute discharge from the
2custody of the Department of Human Services, if the person is
3unable to present a certified copy of his or her birth
4certificate and social security card, if the person has a
5social security number, or other documents authorized by the
6Secretary, but does present a Secretary of State prescribed
7verification form completed by the Department of Human
8Services, verifying the person's date of birth and social
9security number, if the person has a social security number,
10and a document proving his or her Illinois residence address.
11The verification form must have been completed no more than 30
12days prior to the date of application for the Illinois
13Identification Card. The Secretary of State shall issue a
14limited-term Illinois Identification Card to a person no
15sooner than 14 days prior to his or her conditional release or
16absolute discharge if personnel from the Department of Human
17Services bring the person to a Secretary of State location
18with the required documents. Documents proving residence
19address shall include any official document of the Department
20of Human Services showing the person's address after release
21and a Secretary of State prescribed verification form, which
22may be executed by personnel of the Department of Human
23Services.
24    (b) The Secretary of State shall issue a special Illinois
25Identification Card, which shall be known as an Illinois
26Person with a Disability Identification Card, to any natural

 

 

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1person who is a resident of the State of Illinois, who is a
2person with a disability as defined in Section 4A of this Act,
3who applies for such card, or renewal thereof. No Illinois
4Person with a Disability Identification Card shall be issued
5to any person who holds a valid foreign state identification
6card, license, or permit unless the person first surrenders to
7the Secretary of State the valid foreign state identification
8card, license, or permit. The Secretary of State shall charge
9no fee to issue such card. The card shall be prepared and
10supplied by the Secretary of State, and shall include a
11photograph and signature or mark of the applicant, a
12designation indicating that the card is an Illinois Person
13with a Disability Identification Card, and shall include a
14comprehensible designation of the type and classification of
15the applicant's disability as set out in Section 4A of this
16Act. However, the Secretary of State may provide by rule for
17the issuance of Illinois Person with a Disability
18Identification Cards without photographs if the applicant has
19a bona fide religious objection to being photographed or to
20the display of his or her photograph. If the applicant so
21requests, the card shall include a description of the
22applicant's disability and any information about the
23applicant's disability or medical history which the Secretary
24determines would be helpful to the applicant in securing
25emergency medical care. If a mark is used in lieu of a
26signature, such mark shall be affixed to the card in the

 

 

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1presence of two witnesses who attest to the authenticity of
2the mark. The Illinois Person with a Disability Identification
3Card may be used for identification purposes in any lawful
4situation by the person to whom it was issued.
5    The Illinois Person with a Disability Identification Card
6may be used as adequate documentation of disability in lieu of
7a physician's determination of disability, a determination of
8disability from a physician assistant, a determination of
9disability from an advanced practice registered nurse, or any
10other documentation of disability whenever any State law
11requires that a person with a disability provide such
12documentation of disability, however an Illinois Person with a
13Disability Identification Card shall not qualify the
14cardholder to participate in any program or to receive any
15benefit which is not available to all persons with like
16disabilities. Notwithstanding any other provisions of law, an
17Illinois Person with a Disability Identification Card, or
18evidence that the Secretary of State has issued an Illinois
19Person with a Disability Identification Card, shall not be
20used by any person other than the person named on such card to
21prove that the person named on such card is a person with a
22disability or for any other purpose unless the card is used for
23the benefit of the person named on such card, and the person
24named on such card consents to such use at the time the card is
25so used.
26    An optometrist's determination of a visual disability

 

 

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1under Section 4A of this Act is acceptable as documentation
2for the purpose of issuing an Illinois Person with a
3Disability Identification Card.
4    When medical information is contained on an Illinois
5Person with a Disability Identification Card, the Office of
6the Secretary of State shall not be liable for any actions
7taken based upon that medical information.
8    (c) The Secretary of State shall provide that each
9original or renewal Illinois Identification Card or Illinois
10Person with a Disability Identification Card issued to a
11person under the age of 21 shall be of a distinct nature from
12those Illinois Identification Cards or Illinois Person with a
13Disability Identification Cards issued to individuals 21 years
14of age or older. The color designated for Illinois
15Identification Cards or Illinois Person with a Disability
16Identification Cards for persons under the age of 21 shall be
17at the discretion of the Secretary of State.
18    (c-1) Each original or renewal Illinois Identification
19Card or Illinois Person with a Disability Identification Card
20issued to a person under the age of 21 shall display the date
21upon which the person becomes 18 years of age and the date upon
22which the person becomes 21 years of age.
23    (c-3) The General Assembly recognizes the need to identify
24military veterans living in this State for the purpose of
25ensuring that they receive all of the services and benefits to
26which they are legally entitled, including healthcare,

 

 

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1education assistance, and job placement. To assist the State
2in identifying these veterans and delivering these vital
3services and benefits, the Secretary of State is authorized to
4issue Illinois Identification Cards and Illinois Person with a
5Disability Identification Cards with the word "veteran"
6appearing on the face of the cards. This authorization is
7predicated on the unique status of veterans. The Secretary may
8not issue any other identification card which identifies an
9occupation, status, affiliation, hobby, or other unique
10characteristics of the identification card holder which is
11unrelated to the purpose of the identification card.
12    (c-5) Beginning on or before July 1, 2015, the Secretary
13of State shall designate a space on each original or renewal
14identification card where, at the request of the applicant,
15the word "veteran" shall be placed. The veteran designation
16shall be available to a person identified as a veteran under
17subsection (b) of Section 5 of this Act who was discharged or
18separated under honorable conditions.
19    (d) The Secretary of State may issue a Senior Citizen
20discount card, to any natural person who is a resident of the
21State of Illinois who is 60 years of age or older and who
22applies for such a card or renewal thereof. The Secretary of
23State shall charge no fee to issue such card. The card shall be
24issued in every county and applications shall be made
25available at, but not limited to, nutrition sites, senior
26citizen centers and Area Agencies on Aging. The applicant,

 

 

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1upon receipt of such card and prior to its use for any purpose,
2shall have affixed thereon in the space provided therefor his
3signature or mark.
4    (e) The Secretary of State, in his or her discretion, may
5designate on each Illinois Identification Card or Illinois
6Person with a Disability Identification Card a space where the
7card holder may place a sticker or decal, issued by the
8Secretary of State, of uniform size as the Secretary may
9specify, that shall indicate in appropriate language that the
10card holder has renewed his or her Illinois Identification
11Card or Illinois Person with a Disability Identification Card.
12    (f) Upon providing required documentation, at the request
13of the applicant, the identification card may reflect Gold
14Star Family designation. The Secretary shall designate a space
15on each original or renewal of an identification card for such
16designation. This designation shall be available to a person
17eligible for Gold Star license plates under subsection (f) of
18Section 6-106 of the Illinois Vehicle Code.
19(Source: P.A. 102-299, eff. 8-6-21; 103-210, eff. 7-1-24;
20103-345, eff. 1-1-24; revised 12-12-23.)
 
21    (15 ILCS 335/5)  (from Ch. 124, par. 25)
22    (Text of Section before amendment by P.A. 103-210)
23    Sec. 5. Applications.
24    (a) Any natural person who is a resident of the State of
25Illinois may file an application for an identification card,

 

 

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1or for the renewal thereof, in a manner prescribed by the
2Secretary. Each original application shall be completed by the
3applicant in full and shall set forth the legal name,
4residence address and zip code, social security number, birth
5date, sex and a brief description of the applicant. The
6applicant shall be photographed, unless the Secretary of State
7has provided by rule for the issuance of identification cards
8without photographs and the applicant is deemed eligible for
9an identification card without a photograph under the terms
10and conditions imposed by the Secretary of State, and he or she
11shall also submit any other information as the Secretary may
12deem necessary or such documentation as the Secretary may
13require to determine the identity of the applicant. In
14addition to the residence address, the Secretary may allow the
15applicant to provide a mailing address. If the applicant is a
16judicial officer as defined in Section 1-10 of the Judicial
17Privacy Act or a peace officer, the applicant may elect to have
18his or her office or work address in lieu of the applicant's
19residence or mailing address. An applicant for an Illinois
20Person with a Disability Identification Card must also submit
21with each original or renewal application, on forms prescribed
22by the Secretary, such documentation as the Secretary may
23require, establishing that the applicant is a "person with a
24disability" as defined in Section 4A of this Act, and setting
25forth the applicant's type and class of disability as set
26forth in Section 4A of this Act. For the purposes of this

 

 

10300HB0458ham003- 23 -LRB103 04028 JRC 72610 a

1subsection (a), "peace officer" means any person who by virtue
2of his or her office or public employment is vested by law with
3a duty to maintain public order or to make arrests for a
4violation of any penal statute of this State, whether that
5duty extends to all violations or is limited to specific
6violations.
7    (a-5) Upon the first issuance of a request for proposals
8for a digital driver's license and identification card
9issuance and facial recognition system issued after January 1,
102020 (the effective date of Public Act 101-513), and upon
11implementation of a new or revised system procured pursuant to
12that request for proposals, the Secretary shall permit
13applicants to choose between "male", "female", or "non-binary"
14when designating the applicant's sex on the identification
15card application form. The sex designated by the applicant
16shall be displayed on the identification card issued to the
17applicant.
18    (b) Beginning on or before July 1, 2015, for each original
19or renewal identification card application under this Act, the
20Secretary shall inquire as to whether the applicant is a
21veteran for purposes of issuing an identification card with a
22veteran designation under subsection (c-5) of Section 4 of
23this Act. The acceptable forms of proof shall include, but are
24not limited to, Department of Defense form DD-214, Department
25of Defense form DD-256 for applicants who did not receive a
26form DD-214 upon the completion of initial basic training,

 

 

10300HB0458ham003- 24 -LRB103 04028 JRC 72610 a

1Department of Defense form DD-2 (Retired), an identification
2card issued under the federal Veterans Identification Card Act
3of 2015, or a United States Department of Veterans Affairs
4summary of benefits letter. If the document cannot be stamped,
5the Illinois Department of Veterans' Affairs shall provide a
6certificate to the veteran to provide to the Secretary of
7State. The Illinois Department of Veterans' Affairs shall
8advise the Secretary as to what other forms of proof of a
9person's status as a veteran are acceptable.
10    For each applicant who is issued an identification card
11with a veteran designation, the Secretary shall provide the
12Department of Veterans' Affairs with the applicant's name,
13address, date of birth, gender, and such other demographic
14information as agreed to by the Secretary and the Department.
15The Department may take steps necessary to confirm the
16applicant is a veteran. If after due diligence, including
17writing to the applicant at the address provided by the
18Secretary, the Department is unable to verify the applicant's
19veteran status, the Department shall inform the Secretary, who
20shall notify the applicant that he or she must confirm status
21as a veteran, or the identification card will be cancelled.
22    For purposes of this subsection (b):
23    "Armed forces" means any of the Armed Forces of the United
24States, including a member of any reserve component or
25National Guard unit.
26    "Veteran" means a person who has served in the armed

 

 

10300HB0458ham003- 25 -LRB103 04028 JRC 72610 a

1forces and was discharged or separated under honorable
2conditions.
3    (b-1) An applicant who is eligible for Gold Star license
4plates under Section 3-664 of the Illinois Vehicle Code may
5apply for an identification card with space for a designation
6as a Gold Star Family. The Secretary may waive any fee for this
7application. If the Secretary does not waive the fee, any fee
8charged to the applicant must be deposited into the Illinois
9Veterans Assistance Fund. The Secretary is authorized to issue
10rules to implement this subsection.
11    (c) All applicants for REAL ID compliant standard Illinois
12Identification Cards and Illinois Person with a Disability
13Identification Cards shall provide proof of lawful status in
14the United States as defined in 6 CFR 37.3, as amended.
15Applicants who are unable to provide the Secretary with proof
16of lawful status are ineligible for REAL ID compliant
17identification cards under this Act.
18(Source: P.A. 101-106, eff. 1-1-20; 101-287, eff. 8-9-19;
19101-513, eff. 1-1-20; 102-558, eff. 8-20-21.)
 
20    (Text of Section after amendment by P.A. 103-210)
21    Sec. 5. Applications.
22    (a) Any natural person who is a resident of the State of
23Illinois may file an application for an identification card,
24or for the renewal thereof, in a manner prescribed by the
25Secretary. Each original application shall be completed by the

 

 

10300HB0458ham003- 26 -LRB103 04028 JRC 72610 a

1applicant in full and shall set forth the legal name,
2residence address and zip code, social security number, if the
3person has a social security number, birth date, sex and a
4brief description of the applicant. The applicant shall be
5photographed, unless the Secretary of State has provided by
6rule for the issuance of identification cards without
7photographs and the applicant is deemed eligible for an
8identification card without a photograph under the terms and
9conditions imposed by the Secretary of State, and he or she
10shall also submit any other information as the Secretary may
11deem necessary or such documentation as the Secretary may
12require to determine the identity of the applicant. In
13addition to the residence address, the Secretary may allow the
14applicant to provide a mailing address. If the applicant is a
15judicial officer as defined in Section 1-10 of the Judicial
16Privacy Act or a peace officer, the applicant may elect to have
17his or her office or work address in lieu of the applicant's
18residence or mailing address. An applicant for an Illinois
19Person with a Disability Identification Card must also submit
20with each original or renewal application, on forms prescribed
21by the Secretary, such documentation as the Secretary may
22require, establishing that the applicant is a "person with a
23disability" as defined in Section 4A of this Act, and setting
24forth the applicant's type and class of disability as set
25forth in Section 4A of this Act. For the purposes of this
26subsection (a), "peace officer" means any person who by virtue

 

 

10300HB0458ham003- 27 -LRB103 04028 JRC 72610 a

1of his or her office or public employment is vested by law with
2a duty to maintain public order or to make arrests for a
3violation of any penal statute of this State, whether that
4duty extends to all violations or is limited to specific
5violations.
6    (a-5) Upon the first issuance of a request for proposals
7for a digital driver's license and identification card
8issuance and facial recognition system issued after January 1,
92020 (the effective date of Public Act 101-513), and upon
10implementation of a new or revised system procured pursuant to
11that request for proposals, the Secretary shall permit
12applicants to choose between "male", "female", or "non-binary"
13when designating the applicant's sex on the identification
14card application form. The sex designated by the applicant
15shall be displayed on the identification card issued to the
16applicant.
17    (b) Beginning on or before July 1, 2015, for each original
18or renewal identification card application under this Act, the
19Secretary shall inquire as to whether the applicant is a
20veteran for purposes of issuing an identification card with a
21veteran designation under subsection (c-5) of Section 4 of
22this Act. The acceptable forms of proof shall include, but are
23not limited to, Department of Defense form DD-214, Department
24of Defense form DD-256 for applicants who did not receive a
25form DD-214 upon the completion of initial basic training,
26Department of Defense form DD-2 (Retired), an identification

 

 

10300HB0458ham003- 28 -LRB103 04028 JRC 72610 a

1card issued under the federal Veterans Identification Card Act
2of 2015, or a United States Department of Veterans Affairs
3summary of benefits letter. If the document cannot be stamped,
4the Illinois Department of Veterans' Affairs shall provide a
5certificate to the veteran to provide to the Secretary of
6State. The Illinois Department of Veterans' Affairs shall
7advise the Secretary as to what other forms of proof of a
8person's status as a veteran are acceptable.
9    For each applicant who is issued an identification card
10with a veteran designation, the Secretary shall provide the
11Department of Veterans' Affairs with the applicant's name,
12address, date of birth, gender, and such other demographic
13information as agreed to by the Secretary and the Department.
14The Department may take steps necessary to confirm the
15applicant is a veteran. If after due diligence, including
16writing to the applicant at the address provided by the
17Secretary, the Department is unable to verify the applicant's
18veteran status, the Department shall inform the Secretary, who
19shall notify the applicant that he or she must confirm status
20as a veteran, or the identification card will be cancelled.
21    For purposes of this subsection (b):
22    "Armed forces" means any of the Armed Forces of the United
23States, including a member of any reserve component or
24National Guard unit.
25    "Veteran" means a person who has served in the armed
26forces and was discharged or separated under honorable

 

 

10300HB0458ham003- 29 -LRB103 04028 JRC 72610 a

1conditions.
2    (b-1) An applicant who is eligible for Gold Star license
3plates under Section 3-664 of the Illinois Vehicle Code may
4apply for an identification card with space for a designation
5as a Gold Star Family. The Secretary may waive any fee for this
6application. If the Secretary does not waive the fee, any fee
7charged to the applicant must be deposited into the Illinois
8Veterans Assistance Fund. The Secretary is authorized to issue
9rules to implement this subsection.
10    (c) All applicants for REAL ID compliant standard Illinois
11Identification Cards and Illinois Person with a Disability
12Identification Cards shall provide proof of lawful status in
13the United States as defined in 6 CFR 37.3, as amended.
14Applicants who are unable to provide the Secretary with proof
15of lawful status are ineligible for REAL ID compliant
16identification cards under this Act.
17    (d) The Secretary of State may accept, as proof of date of
18birth and written signature for any applicant for a standard
19identification card who does not have a social security number
20or documentation issued by the United States Department of
21Homeland Security authorizing the applicant's presence in this
22country, any passport validly issued to the applicant from the
23applicant's country of citizenship or a consular
24identification document validly issued to the applicant by a
25consulate of that country as defined in Section 5 of the
26Consular Identification Document Act. Any such documents must

 

 

10300HB0458ham003- 30 -LRB103 04028 JRC 72610 a

1be either unexpired or presented by an applicant within 2
2years of its expiration date.
3(Source: P.A. 102-558, eff. 8-20-21; 103-210, eff. 7-1-24.)
 
4    Section 7. The Abraham Lincoln Presidential Library and
5Museum Act is amended by changing Section 25 as follows:
 
6    (20 ILCS 3475/25)
7    Sec. 25. Powers and duties of the Board. The Board shall:
8    (a) Set policies and establish programs for implementation
9in support of the mission and goals of the Agency.
10    (b) Create and execute such seminars, symposia, or other
11conferences as may be necessary or advisable to the Agency.
12    (c) Report annually to the Governor and the General
13Assembly on the status of the Agency and its programs.
14    (d) Accept, hold, maintain, and administer, as trustee,
15property given in trust for education or historic purposes for
16the benefit of the people of the State of Illinois and dispose
17of any property under the terms of the instrument creating the
18trust.
19    (e) Accept, hold, maintain, and administer donated
20property of historical significance, such as books, papers,
21records, and personal property of any kind, including
22electronic and digital property, pursuant to gifting
23instruments, agreements, or deeds of gift, including but not
24limited to the King Hostick Public Trust Fund, and enter into

 

 

10300HB0458ham003- 31 -LRB103 04028 JRC 72610 a

1such agreements as may be necessary to carry out the Board's
2duties and responsibilities under this Section.
3    (f) Lease concessions at the Library and Museum. All
4leases, for whatever period, shall be made subject to the
5written approval of the Governor's Office of Management and
6Budget. All concession leases extending for a period in excess
7of 10 years shall contain provisions for the Agency to
8participate, on a percentage basis, in the revenues generated
9by any concession operation.
10    (g) Enforce the laws of the State and the rules of the
11Agency.
12    (h) Cooperate with private organizations and agencies of
13the State of Illinois by providing areas and the use of staff
14personnel where feasible for the sale of publications on the
15historic and cultural heritage of the State and craft items
16made by Illinois craftsmen. These sales shall not conflict
17with existing concession agreements. The Board is authorized
18to negotiate and approve agreements with the organizations and
19agencies for a portion of the moneys received from sales to be
20returned to the Agency for the furtherance of interpretative
21and restoration programs.
22    (i) Accept offers of gifts, gratuities, or grants from the
23federal government, its agencies, or offices, or from any
24person, firm, or corporation.
25    (j) Subject to the provisions of the Illinois
26Administrative Procedure Act, make reasonable rules as may be

 

 

10300HB0458ham003- 32 -LRB103 04028 JRC 72610 a

1necessary to discharge the duties of the Agency.
2    (k) Charge and collect admission fees and rental for
3access to and use of the facilities of the Library and Museum;
4however, an Illinois resident who shows a driver's license or
5Illinois Identification Card containing a designation that the
6resident is a Gold Star Family member shall not be charged an
7admission fee for entry to the Museum during its normal hours
8of operation..
9    (l) Operate a restaurant, cafe, or other food serving
10facility at the Museum or lease the operation of such a
11facility under reasonable terms and conditions, and provide
12vending services for food, beverages, or other products deemed
13necessary and proper, consistent with the purposes of the
14Library and Museum.
15    (m) Engage in marketing activities designed to promote the
16Library and Museum. In undertaking these activities, the Board
17may take all necessary steps with respect to products and
18services, including, but not limited to, retail sales,
19wholesale sales, direct marketing, mail order sales, telephone
20sales, advertising and promotion, purchase of product and
21materials inventory, design and printing and manufacturing of
22new products, reproductions, and adaptations, copyright and
23trademark licensing and royalty agreements, and payment of
24applicable taxes. In addition, the Board shall have the
25authority to sell advertising in its publications and printed
26materials.

 

 

10300HB0458ham003- 33 -LRB103 04028 JRC 72610 a

1(Source: P.A. 100-120, eff. 8-18-17.)
 
2    Section 12. The Park District Aquarium and Museum Act is
3amended by changing Section 1 as follows:
 
4    (70 ILCS 1290/1)  (from Ch. 105, par. 326)
5    Sec. 1. Erect, operate, and maintain aquariums and
6museums. The corporate authorities of cities and park
7districts having control or supervision over any public park
8or parks, including parks located on formerly submerged land,
9are hereby authorized to purchase, erect, and maintain within
10any such public park or parks edifices to be used as aquariums
11or as museums of art, industry, science, or natural or other
12history, including presidential libraries, centers, and
13museums, such aquariums and museums consisting of all
14facilities for their collections, exhibitions, programming,
15and associated initiatives, or to permit the directors or
16trustees of any corporation or society organized for the
17construction or maintenance and operation of an aquarium or
18museum as hereinabove described to erect, enlarge, ornament,
19build, rebuild, rehabilitate, improve, maintain, and operate
20its aquarium or museum within any public park now or hereafter
21under the control or supervision of any city or park district,
22and to contract with any such directors or trustees of any such
23aquarium or museum relative to the erection, enlargement,
24ornamentation, building, rebuilding, rehabilitation,

 

 

10300HB0458ham003- 34 -LRB103 04028 JRC 72610 a

1improvement, maintenance, ownership, and operation of such
2aquarium or museum. Notwithstanding the previous sentence, a
3city or park district may enter into a lease for an initial
4term not to exceed 99 years, subject to renewal, allowing a
5corporation or society as hereinabove described to erect,
6enlarge, ornament, build, rebuild, rehabilitate, improve,
7maintain, and operate its aquarium or museum, together with
8grounds immediately adjacent to such aquarium or museum, and
9to use, possess, and occupy grounds surrounding such aquarium
10or museum as hereinabove described for the purpose of
11beautifying and maintaining such grounds in a manner
12consistent with the aquarium or museum's purpose, and on the
13conditions that (1) the public is allowed access to such
14grounds in a manner consistent with its access to other public
15parks, and (2) the city or park district retains a
16reversionary interest in any improvements made by the
17corporation or society on the grounds, including the aquarium
18or museum itself, that matures upon the expiration or lawful
19termination of the lease. It is hereby reaffirmed and found
20that the aquariums and museums as described in this Section,
21and their collections, exhibitions, programming, and
22associated initiatives, serve valuable public purposes,
23including, but not limited to, furthering human knowledge and
24understanding, educating and inspiring the public, and
25expanding recreational and cultural resources and
26opportunities. Any city or park district may charge, or permit

 

 

10300HB0458ham003- 35 -LRB103 04028 JRC 72610 a

1such an aquarium or museum to charge, an admission fee. Any
2such aquarium or museum, however, shall be open without
3charge, when accompanied by a teacher, to the children in
4actual attendance upon grades kindergarten through twelve in
5any of the schools in this State at all times. In addition,
6except as otherwise provided in this Section, any such
7aquarium or museum must be open to persons who reside in this
8State without charge for a period equivalent to 52 days, at
9least 6 of which must be during the period from June through
10August, each year. Beginning on the effective date of this
11amendatory Act of the 101st General Assembly through June 30,
122022, any such aquarium or museum must be open to persons who
13reside in this State without charge for a period equivalent to
1452 days, at least 6 of which must be during the period from
15June through August, 2021. Any such museum shall be open
16without charge throughout the year to an Illinois resident who
17shows a driver's license or Illinois Identification Card
18containing a designation that the resident is a Gold Star
19Family member. Notwithstanding said provisions, charges may be
20made at any time for special services and for admission to
21special facilities within any aquarium or museum for the
22education, entertainment, or convenience of visitors. The
23proceeds of such admission fees and charges for special
24services and special facilities shall be devoted exclusively
25to the purposes for which the tax authorized by Section 2
26hereof may be used. If any owner or owners of any lands or lots

 

 

10300HB0458ham003- 36 -LRB103 04028 JRC 72610 a

1abutting or fronting on any such public park, or adjacent
2thereto, have any private right, easement, interest or
3property in such public park appurtenant to their lands or
4lots or otherwise, which would be interfered with by the
5erection and maintenance of any aquarium or museum as
6hereinbefore provided, or any right to have such public park
7remain open or vacant and free from buildings, the corporate
8authorities of the city or park district having control of
9such park, may condemn the same in the manner prescribed for
10the exercise of the right of eminent domain under the Eminent
11Domain Act. The changes made to this Section by this
12amendatory Act of the 99th General Assembly are declaratory of
13existing law and shall not be construed as a new enactment.
14(Source: P.A. 101-640, eff. 6-12-20.)
 
15    Section 15. The Illinois Vehicle Code is amended by
16changing Sections 6-106 and 6-110 as follows:
 
17    (625 ILCS 5/6-106)  (from Ch. 95 1/2, par. 6-106)
18    (Text of Section before amendment by P.A. 103-210)
19    Sec. 6-106. Application for license or instruction permit.
20    (a) Every application for any permit or license authorized
21to be issued under this Code shall be made upon a form
22furnished by the Secretary of State. Every application shall
23be accompanied by the proper fee and payment of such fee shall
24entitle the applicant to not more than 3 attempts to pass the

 

 

10300HB0458ham003- 37 -LRB103 04028 JRC 72610 a

1examination within a period of one year after the date of
2application.
3    (b) Every application shall state the legal name, social
4security number, zip code, date of birth, sex, and residence
5address of the applicant; briefly describe the applicant;
6state whether the applicant has theretofore been licensed as a
7driver, and, if so, when and by what state or country, and
8whether any such license has ever been cancelled, suspended,
9revoked or refused, and, if so, the date and reason for such
10cancellation, suspension, revocation or refusal; shall include
11an affirmation by the applicant that all information set forth
12is true and correct; and shall bear the applicant's signature.
13In addition to the residence address, the Secretary may allow
14the applicant to provide a mailing address. In the case of an
15applicant who is a judicial officer or peace officer, the
16Secretary may allow the applicant to provide an office or work
17address in lieu of a residence or mailing address. The
18application form may also require the statement of such
19additional relevant information as the Secretary of State
20shall deem necessary to determine the applicant's competency
21and eligibility. The Secretary of State may, in his
22discretion, by rule or regulation, provide that an application
23for a drivers license or permit may include a suitable
24photograph of the applicant in the form prescribed by the
25Secretary, and he may further provide that each drivers
26license shall include a photograph of the driver. The

 

 

10300HB0458ham003- 38 -LRB103 04028 JRC 72610 a

1Secretary of State may utilize a photograph process or system
2most suitable to deter alteration or improper reproduction of
3a drivers license and to prevent substitution of another photo
4thereon. For the purposes of this subsection (b), "peace
5officer" means any person who by virtue of his or her office or
6public employment is vested by law with a duty to maintain
7public order or to make arrests for a violation of any penal
8statute of this State, whether that duty extends to all
9violations or is limited to specific violations.
10    (b-3) Upon the first issuance of a request for proposals
11for a digital driver's license and identification card
12issuance and facial recognition system issued after January 1,
132020 (the effective date of Public Act 101-513), and upon
14implementation of a new or revised system procured pursuant to
15that request for proposals, the Secretary shall permit
16applicants to choose between "male", "female" or "non-binary"
17when designating the applicant's sex on the driver's license
18application form. The sex designated by the applicant shall be
19displayed on the driver's license issued to the applicant.
20    (b-5) Every applicant for a REAL ID compliant driver's
21license or permit shall provide proof of lawful status in the
22United States as defined in 6 CFR 37.3, as amended. Applicants
23who are unable to provide the Secretary with proof of lawful
24status may apply for a driver's license or permit under
25Section 6-105.1 of this Code.
26    (c) The application form shall include a notice to the

 

 

10300HB0458ham003- 39 -LRB103 04028 JRC 72610 a

1applicant of the registration obligations of sex offenders
2under the Sex Offender Registration Act. The notice shall be
3provided in a form and manner prescribed by the Secretary of
4State. For purposes of this subsection (c), "sex offender" has
5the meaning ascribed to it in Section 2 of the Sex Offender
6Registration Act.
7    (d) Any male United States citizen or immigrant who
8applies for any permit or license authorized to be issued
9under this Code or for a renewal of any permit or license, and
10who is at least 18 years of age but less than 26 years of age,
11must be registered in compliance with the requirements of the
12federal Military Selective Service Act. The Secretary of State
13must forward in an electronic format the necessary personal
14information regarding the applicants identified in this
15subsection (d) to the Selective Service System. The
16applicant's signature on the application serves as an
17indication that the applicant either has already registered
18with the Selective Service System or that he is authorizing
19the Secretary to forward to the Selective Service System the
20necessary information for registration. The Secretary must
21notify the applicant at the time of application that his
22signature constitutes consent to registration with the
23Selective Service System, if he is not already registered.
24    (e) Beginning on or before July 1, 2015, for each original
25or renewal driver's license application under this Code, the
26Secretary shall inquire as to whether the applicant is a

 

 

10300HB0458ham003- 40 -LRB103 04028 JRC 72610 a

1veteran for purposes of issuing a driver's license with a
2veteran designation under subsection (e-5) of Section 6-110 of
3this Code. The acceptable forms of proof shall include, but
4are not limited to, Department of Defense form DD-214,
5Department of Defense form DD-256 for applicants who did not
6receive a form DD-214 upon the completion of initial basic
7training, Department of Defense form DD-2 (Retired), an
8identification card issued under the federal Veterans
9Identification Card Act of 2015, or a United States Department
10of Veterans Affairs summary of benefits letter. If the
11document cannot be stamped, the Illinois Department of
12Veterans' Affairs shall provide a certificate to the veteran
13to provide to the Secretary of State. The Illinois Department
14of Veterans' Affairs shall advise the Secretary as to what
15other forms of proof of a person's status as a veteran are
16acceptable.
17    For each applicant who is issued a driver's license with a
18veteran designation, the Secretary shall provide the
19Department of Veterans' Affairs with the applicant's name,
20address, date of birth, gender and such other demographic
21information as agreed to by the Secretary and the Department.
22The Department may take steps necessary to confirm the
23applicant is a veteran. If after due diligence, including
24writing to the applicant at the address provided by the
25Secretary, the Department is unable to verify the applicant's
26veteran status, the Department shall inform the Secretary, who

 

 

10300HB0458ham003- 41 -LRB103 04028 JRC 72610 a

1shall notify the applicant that he or she must confirm status
2as a veteran, or the driver's license will be cancelled.
3    For purposes of this subsection (e):
4    "Armed forces" means any of the Armed Forces of the United
5States, including a member of any reserve component or
6National Guard unit.
7    "Veteran" means a person who has served in the armed
8forces and was discharged or separated under honorable
9conditions.
10    (f) An applicant who is eligible for Gold Star license
11plates under Section 3-664 of this Code may apply for an
12original or renewal driver's license with space for a
13designation as a Gold Star Family. The Secretary may waive any
14fee for this application. If the Secretary does not waive the
15fee, any fee charged to the applicant must be deposited into
16the Illinois Veterans Assistance Fund. The Secretary is
17authorized to issue rules to implement this subsection.
18(Source: P.A. 101-106, eff. 1-1-20; 101-287, eff. 8-9-19;
19101-513, eff. 1-1-20; 102-558, eff. 8-20-21.)
 
20    (Text of Section after amendment by P.A. 103-210)
21    Sec. 6-106. Application for license or instruction permit.
22    (a) Every application for any permit or license authorized
23to be issued under this Code shall be made upon a form
24furnished by the Secretary of State. Every application shall
25be accompanied by the proper fee and payment of such fee shall

 

 

10300HB0458ham003- 42 -LRB103 04028 JRC 72610 a

1entitle the applicant to not more than 3 attempts to pass the
2examination within a period of one year after the date of
3application.
4    (b) Every application shall state the legal name, zip
5code, date of birth, sex, and residence address of the
6applicant; briefly describe the applicant; state whether the
7applicant has theretofore been licensed as a driver, and, if
8so, when and by what state or country, and whether any such
9license has ever been cancelled, suspended, revoked or
10refused, and, if so, the date and reason for such
11cancellation, suspension, revocation or refusal; shall include
12an affirmation by the applicant that all information set forth
13is true and correct; and shall bear the applicant's signature.
14In addition to the residence address, the Secretary may allow
15the applicant to provide a mailing address. In the case of an
16applicant who is a judicial officer or peace officer, the
17Secretary may allow the applicant to provide an office or work
18address in lieu of a residence or mailing address. The
19application form may also require the statement of such
20additional relevant information as the Secretary of State
21shall deem necessary to determine the applicant's competency
22and eligibility. The Secretary of State may, in his
23discretion, by rule or regulation, provide that an application
24for a drivers license or permit may include a suitable
25photograph of the applicant in the form prescribed by the
26Secretary, and he may further provide that each drivers

 

 

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1license shall include a photograph of the driver. The
2Secretary of State may utilize a photograph process or system
3most suitable to deter alteration or improper reproduction of
4a drivers license and to prevent substitution of another photo
5thereon. For the purposes of this subsection (b), "peace
6officer" means any person who by virtue of his or her office or
7public employment is vested by law with a duty to maintain
8public order or to make arrests for a violation of any penal
9statute of this State, whether that duty extends to all
10violations or is limited to specific violations.
11    (b-1) Every application shall state the social security
12number of the applicant; except if the applicant is applying
13for a standard driver's license and, on the date of
14application, is ineligible for a social security number, then:
15        (1) if the applicant has documentation, issued by the
16    United States Department of Homeland Security, authorizing
17    the applicant's presence in this country, the applicant
18    shall provide such documentation instead of a social
19    security number; and
20        (2) if the applicant does not have documentation
21    described in paragraph (1), the applicant shall provide,
22    instead of a social security number, the following:
23            (A) documentation establishing that the applicant
24        has resided in this State for a period in excess of one
25        year;
26            (B) a passport validly issued to the applicant

 

 

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1        from the applicant's country of citizenship or a
2        consular identification document validly issued to the
3        applicant by a consulate of that country as defined in
4        Section 5 of the Consular Identification Document Act,
5        as long as such documents are either unexpired or
6        presented by an applicant within 2 years of its
7        expiration date; and
8            (C) a social security card, if the applicant has a
9        social security number.
10    (b-3) Upon the first issuance of a request for proposals
11for a digital driver's license and identification card
12issuance and facial recognition system issued after January 1,
132020 (the effective date of Public Act 101-513), and upon
14implementation of a new or revised system procured pursuant to
15that request for proposals, the Secretary shall permit
16applicants to choose between "male", "female" or "non-binary"
17when designating the applicant's sex on the driver's license
18application form. The sex designated by the applicant shall be
19displayed on the driver's license issued to the applicant.
20    (b-5) Every applicant for a REAL ID compliant driver's
21license or permit shall provide proof of lawful status in the
22United States as defined in 6 CFR 37.3, as amended.
23    (c) The application form shall include a notice to the
24applicant of the registration obligations of sex offenders
25under the Sex Offender Registration Act. The notice shall be
26provided in a form and manner prescribed by the Secretary of

 

 

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1State. For purposes of this subsection (c), "sex offender" has
2the meaning ascribed to it in Section 2 of the Sex Offender
3Registration Act.
4    (d) Any male United States citizen or immigrant who
5applies for any permit or license authorized to be issued
6under this Code or for a renewal of any permit or license, and
7who is at least 18 years of age but less than 26 years of age,
8must be registered in compliance with the requirements of the
9federal Military Selective Service Act. The Secretary of State
10must forward in an electronic format the necessary personal
11information regarding the applicants identified in this
12subsection (d) to the Selective Service System. The
13applicant's signature on the application serves as an
14indication that the applicant either has already registered
15with the Selective Service System or that he is authorizing
16the Secretary to forward to the Selective Service System the
17necessary information for registration. The Secretary must
18notify the applicant at the time of application that his
19signature constitutes consent to registration with the
20Selective Service System, if he is not already registered.
21    (e) Beginning on or before July 1, 2015, for each original
22or renewal driver's license application under this Code, the
23Secretary shall inquire as to whether the applicant is a
24veteran for purposes of issuing a driver's license with a
25veteran designation under subsection (e-5) of Section 6-110 of
26this Code. The acceptable forms of proof shall include, but

 

 

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1are not limited to, Department of Defense form DD-214,
2Department of Defense form DD-256 for applicants who did not
3receive a form DD-214 upon the completion of initial basic
4training, Department of Defense form DD-2 (Retired), an
5identification card issued under the federal Veterans
6Identification Card Act of 2015, or a United States Department
7of Veterans Affairs summary of benefits letter. If the
8document cannot be stamped, the Illinois Department of
9Veterans' Affairs shall provide a certificate to the veteran
10to provide to the Secretary of State. The Illinois Department
11of Veterans' Affairs shall advise the Secretary as to what
12other forms of proof of a person's status as a veteran are
13acceptable.
14    For each applicant who is issued a driver's license with a
15veteran designation, the Secretary shall provide the
16Department of Veterans' Affairs with the applicant's name,
17address, date of birth, gender and such other demographic
18information as agreed to by the Secretary and the Department.
19The Department may take steps necessary to confirm the
20applicant is a veteran. If after due diligence, including
21writing to the applicant at the address provided by the
22Secretary, the Department is unable to verify the applicant's
23veteran status, the Department shall inform the Secretary, who
24shall notify the applicant that he or she must confirm status
25as a veteran, or the driver's license will be cancelled.
26    For purposes of this subsection (e):

 

 

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1    "Armed forces" means any of the Armed Forces of the United
2States, including a member of any reserve component or
3National Guard unit.
4    "Veteran" means a person who has served in the armed
5forces and was discharged or separated under honorable
6conditions.
7    (f) An applicant who is eligible for Gold Star license
8plates under Section 3-664 of this Code may apply for an
9original or renewal driver's license with space for a
10designation as a Gold Star Family. The Secretary may waive any
11fee for this application. If the Secretary does not waive the
12fee, any fee charged to the applicant must be deposited into
13the Illinois Veterans Assistance Fund. The Secretary is
14authorized to issue rules to implement this subsection.
15(Source: P.A. 102-558, eff. 8-20-21; 103-210, eff. 7-1-24.)
 
16    (625 ILCS 5/6-110)  (from Ch. 95 1/2, par. 6-110)
17    Sec. 6-110. Licenses issued to drivers.
18    (a) The Secretary of State shall issue to every qualifying
19applicant a driver's license as applied for, which license
20shall bear a distinguishing number assigned to the licensee,
21the legal name, signature, zip code, date of birth, residence
22address, and a brief description of the licensee.
23    Licenses issued shall also indicate the classification and
24the restrictions under Section 6-104 of this Code. The
25Secretary may adopt rules to establish informational

 

 

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1restrictions that can be placed on the driver's license
2regarding specific conditions of the licensee.
3    A driver's license issued may, in the discretion of the
4Secretary, include a suitable photograph of a type prescribed
5by the Secretary.
6    (a-1) If the licensee is less than 18 years of age, unless
7one of the exceptions in subsection (a-2) apply, the license
8shall, as a matter of law, be invalid for the operation of any
9motor vehicle during the following times:
10        (A) Between 11:00 p.m. Friday and 6:00 a.m. Saturday;
11        (B) Between 11:00 p.m. Saturday and 6:00 a.m. on
12    Sunday; and
13        (C) Between 10:00 p.m. on Sunday to Thursday,
14    inclusive, and 6:00 a.m. on the following day.
15    (a-2) The driver's license of a person under the age of 18
16shall not be invalid as described in subsection (a-1) of this
17Section if the licensee under the age of 18 was:
18        (1) accompanied by the licensee's parent or guardian
19    or other person in custody or control of the minor;
20        (2) on an errand at the direction of the minor's
21    parent or guardian, without any detour or stop;
22        (3) in a motor vehicle involved in interstate travel;
23        (4) going to or returning home from an employment
24    activity, without any detour or stop;
25        (5) involved in an emergency;
26        (6) going to or returning home from, without any

 

 

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1    detour or stop, an official school, religious, or other
2    recreational activity supervised by adults and sponsored
3    by a government or governmental agency, a civic
4    organization, or another similar entity that takes
5    responsibility for the licensee, without any detour or
6    stop;
7        (7) exercising First Amendment rights protected by the
8    United States Constitution, such as the free exercise of
9    religion, freedom of speech, and the right of assembly; or
10        (8) married or had been married or is an emancipated
11    minor under the Emancipation of Minors Act.
12    (a-2.5) The driver's license of a person who is 17 years of
13age and has been licensed for at least 12 months is not invalid
14as described in subsection (a-1) of this Section while the
15licensee is participating as an assigned driver in a Safe
16Rides program that meets the following criteria:
17        (1) the program is sponsored by the Boy Scouts of
18    America or another national public service organization;
19    and
20        (2) the sponsoring organization carries liability
21    insurance covering the program.
22    (a-3) If a graduated driver's license holder over the age
23of 18 committed an offense against traffic regulations
24governing the movement of vehicles or any violation of Section
256-107 or Section 12-603.1 of this Code in the 6 months prior to
26the graduated driver's license holder's 18th birthday, and was

 

 

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1subsequently convicted of the offense, the provisions of
2subsection (a-1) shall continue to apply until such time as a
3period of 6 consecutive months has elapsed without an
4additional violation and subsequent conviction of an offense
5against traffic regulations governing the movement of vehicles
6or Section 6-107 or Section 12-603.1 of this Code.
7    (a-4) If an applicant for a driver's license or
8instruction permit has a current identification card issued by
9the Secretary of State, the Secretary may require the
10applicant to utilize the same residence address and name on
11the identification card, driver's license, and instruction
12permit records maintained by the Secretary. The Secretary may
13promulgate rules to implement this provision.
14    (a-5) If an applicant for a driver's license is a judicial
15officer or a peace officer, the applicant may elect to have his
16or her office or work address listed on the license instead of
17the applicant's residence or mailing address. The Secretary of
18State shall adopt rules to implement this subsection (a-5).
19For the purposes of this subsection (a-5), "peace officer"
20means any person who by virtue of his or her office or public
21employment is vested by law with a duty to maintain public
22order or to make arrests for a violation of any penal statute
23of this State, whether that duty extends to all violations or
24is limited to specific violations.
25    (b) Until the Secretary of State establishes a First
26Person Consent organ and tissue donor registry under Section

 

 

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16-117 of this Code, the Secretary of State shall provide a
2format on the reverse of each driver's license issued which
3the licensee may use to execute a document of gift conforming
4to the provisions of the Illinois Anatomical Gift Act. The
5format shall allow the licensee to indicate the gift intended,
6whether specific organs, any organ, or the entire body, and
7shall accommodate the signatures of the donor and 2 witnesses.
8The Secretary shall also inform each applicant or licensee of
9this format, describe the procedure for its execution, and may
10offer the necessary witnesses; provided that in so doing, the
11Secretary shall advise the applicant or licensee that he or
12she is under no compulsion to execute a document of gift. A
13brochure explaining this method of executing an anatomical
14gift document shall be given to each applicant or licensee.
15The brochure shall advise the applicant or licensee that he or
16she is under no compulsion to execute a document of gift, and
17that he or she may wish to consult with family, friends or
18clergy before doing so. The Secretary of State may undertake
19additional efforts, including education and awareness
20activities, to promote organ and tissue donation.
21    (c) The Secretary of State shall designate on each
22driver's license issued a space where the licensee may place a
23sticker or decal of the uniform size as the Secretary may
24specify, which sticker or decal may indicate in appropriate
25language that the owner of the license carries an Emergency
26Medical Information Card.

 

 

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1    The sticker may be provided by any person, hospital,
2school, medical group, or association interested in assisting
3in implementing the Emergency Medical Information Card, but
4shall meet the specifications as the Secretary may by rule or
5regulation require.
6    (d) The Secretary of State shall designate on each
7driver's license issued a space where the licensee may
8indicate his blood type and RH factor.
9    (e) The Secretary of State shall provide that each
10original or renewal driver's license issued to a licensee
11under 21 years of age shall be of a distinct nature from those
12driver's licenses issued to individuals 21 years of age and
13older. The color designated for driver's licenses for
14licensees under 21 years of age shall be at the discretion of
15the Secretary of State.
16    (e-1) The Secretary shall provide that each driver's
17license issued to a person under the age of 21 displays the
18date upon which the person becomes 18 years of age and the date
19upon which the person becomes 21 years of age.
20    (e-3) The General Assembly recognizes the need to identify
21military veterans living in this State for the purpose of
22ensuring that they receive all of the services and benefits to
23which they are legally entitled, including healthcare,
24education assistance, and job placement. To assist the State
25in identifying these veterans and delivering these vital
26services and benefits, the Secretary of State is authorized to

 

 

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1issue drivers' licenses with the word "veteran" appearing on
2the face of the licenses. This authorization is predicated on
3the unique status of veterans. The Secretary may not issue any
4other driver's license which identifies an occupation, status,
5affiliation, hobby, or other unique characteristics of the
6license holder which is unrelated to the purpose of the
7driver's license.
8    (e-5) Beginning on or before July 1, 2015, the Secretary
9of State shall designate a space on each original or renewal
10driver's license where, at the request of the applicant, the
11word "veteran" shall be placed. The veteran designation shall
12be available to a person identified as a veteran under
13subsection (e) of Section 6-106 of this Code who was
14discharged or separated under honorable conditions.
15    (e-7) Upon providing required documentation, at the
16request of the applicant, the driver's license may reflect
17Gold Star Family designation. The Secretary shall designate a
18space on each original or renewal driver's license for such
19designation. This designation shall be available to a person
20eligible for Gold Star license plates under subsection (f) of
21Section 6-106 of this Code.
22    (f) The Secretary of State shall inform all Illinois
23licensed commercial motor vehicle operators of the
24requirements of the Uniform Commercial Driver License Act,
25Article V of this Chapter, and shall make provisions to insure
26that all drivers, seeking to obtain a commercial driver's

 

 

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1license, be afforded an opportunity prior to April 1, 1992, to
2obtain the license. The Secretary is authorized to extend
3driver's license expiration dates, and assign specific times,
4dates and locations where these commercial driver's tests
5shall be conducted. Any applicant, regardless of the current
6expiration date of the applicant's driver's license, may be
7subject to any assignment by the Secretary. Failure to comply
8with the Secretary's assignment may result in the applicant's
9forfeiture of an opportunity to receive a commercial driver's
10license prior to April 1, 1992.
11    (g) The Secretary of State shall designate on a driver's
12license issued, a space where the licensee may indicate that
13he or she has drafted a living will in accordance with the
14Illinois Living Will Act or a durable power of attorney for
15health care in accordance with the Illinois Power of Attorney
16Act.
17    (g-1) The Secretary of State, in his or her discretion,
18may designate on each driver's license issued a space where
19the licensee may place a sticker or decal, issued by the
20Secretary of State, of uniform size as the Secretary may
21specify, that shall indicate in appropriate language that the
22owner of the license has renewed his or her driver's license.
23    (h) A person who acts in good faith in accordance with the
24terms of this Section is not liable for damages in any civil
25action or subject to prosecution in any criminal proceeding
26for his or her act.

 

 

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1    (i) The Secretary shall designate a space on each original
2or renewal of a driver's license, at the request of the
3applicant, for a designation as a Gold Star Family. This
4designation shall be available to a person eligible for Gold
5Star license plates under subsection (f) of Section 6-106 of
6this Code.
7(Source: P.A. 97-263, eff. 8-5-11; 97-739, eff. 1-1-13;
897-847, eff. 1-1-13; 97-1127, eff. 1-1-13; 98-323, eff.
91-1-14; 98-463, eff. 8-16-13.)
 
10    Section 30. The Illinois Human Rights Act is amended by
11changing Section 1-103 as follows:
 
12    (775 ILCS 5/1-103)  (from Ch. 68, par. 1-103)
13    Sec. 1-103. General definitions. When used in this Act,
14unless the context requires otherwise, the term:
15    (A) Age. "Age" means the chronological age of a person who
16is at least 40 years old, except with regard to any practice
17described in Section 2-102, insofar as that practice concerns
18training or apprenticeship programs. In the case of training
19or apprenticeship programs, for the purposes of Section 2-102,
20"age" means the chronological age of a person who is 18 but not
21yet 40 years old.
22    (B) Aggrieved party. "Aggrieved party" means a person who
23is alleged or proved to have been injured by a civil rights
24violation or believes he or she will be injured by a civil

 

 

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1rights violation under Article 3 that is about to occur.
2    (B-5) Arrest record. "Arrest record" means:
3        (1) an arrest not leading to a conviction;
4        (2) a juvenile record; or
5        (3) criminal history record information ordered
6    expunged, sealed, or impounded under Section 5.2 of the
7    Criminal Identification Act.
8    (C) Charge. "Charge" means an allegation filed with the
9Department by an aggrieved party or initiated by the
10Department under its authority.
11    (D) Civil rights violation. "Civil rights violation"
12includes and shall be limited to only those specific acts set
13forth in Sections 2-102, 2-103, 2-105, 3-102, 3-102.1, 3-103,
143-102.10, 3-104.1, 3-105, 3-105.1, 4-102, 4-103, 5-102,
155A-102, 6-101, 6-101.5, and 6-102 of this Act.
16    (E) Commission. "Commission" means the Human Rights
17Commission created by this Act.
18    (F) Complaint. "Complaint" means the formal pleading filed
19by the Department with the Commission following an
20investigation and finding of substantial evidence of a civil
21rights violation.
22    (G) Complainant. "Complainant" means a person including
23the Department who files a charge of civil rights violation
24with the Department or the Commission.
25    (G-5) Conviction record. "Conviction record" means
26information indicating that a person has been convicted of a

 

 

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1felony, misdemeanor or other criminal offense, placed on
2probation, fined, imprisoned, or paroled pursuant to any law
3enforcement or military authority.
4    (H) Department. "Department" means the Department of Human
5Rights created by this Act.
6    (I) Disability.
7    (1) "Disability" means a determinable physical or mental
8characteristic of a person, including, but not limited to, a
9determinable physical characteristic which necessitates the
10person's use of a guide, hearing or support dog, the history of
11such characteristic, or the perception of such characteristic
12by the person complained against, which may result from
13disease, injury, congenital condition of birth or functional
14disorder and which characteristic:
15        (a) For purposes of Article 2, is unrelated to the
16    person's ability to perform the duties of a particular job
17    or position and, pursuant to Section 2-104 of this Act, a
18    person's illegal use of drugs or alcohol is not a
19    disability;
20        (b) For purposes of Article 3, is unrelated to the
21    person's ability to acquire, rent, or maintain a housing
22    accommodation;
23        (c) For purposes of Article 4, is unrelated to a
24    person's ability to repay;
25        (d) For purposes of Article 5, is unrelated to a
26    person's ability to utilize and benefit from a place of

 

 

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1    public accommodation;
2        (e) For purposes of Article 5, also includes any
3    mental, psychological, or developmental disability,
4    including autism spectrum disorders.
5    (2) Discrimination based on disability includes unlawful
6discrimination against an individual because of the
7individual's association with a person with a disability.
8    (J) Marital status. "Marital status" means the legal
9status of being married, single, separated, divorced, or
10widowed.
11    (J-1) Military status. "Military status" means a person's
12status on active duty in or status as a veteran of the armed
13forces of the United States, status as a current member or
14veteran of any reserve component of the armed forces of the
15United States, including the United States Army Reserve,
16United States Marine Corps Reserve, United States Navy
17Reserve, United States Air Force Reserve, and United States
18Coast Guard Reserve, or status as a current member or veteran
19of the Illinois Army National Guard or Illinois Air National
20Guard, or status as a family member, caregiver, or survivor of
21a person who has military status.
22    (K) National origin. "National origin" means the place in
23which a person or one of his or her ancestors was born.
24    (K-5) "Order of protection status" means a person's status
25as being a person protected under an order of protection
26issued pursuant to the Illinois Domestic Violence Act of 1986,

 

 

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1Article 112A of the Code of Criminal Procedure of 1963, the
2Stalking No Contact Order Act, or the Civil No Contact Order
3Act, or an order of protection issued by a court of another
4state.
5    (L) Person. "Person" includes one or more individuals,
6partnerships, associations or organizations, labor
7organizations, labor unions, joint apprenticeship committees,
8or union labor associations, corporations, the State of
9Illinois and its instrumentalities, political subdivisions,
10units of local government, legal representatives, trustees in
11bankruptcy or receivers.
12    (L-5) Pregnancy. "Pregnancy" means pregnancy, childbirth,
13or medical or common conditions related to pregnancy or
14childbirth.
15    (M) Public contract. "Public contract" includes every
16contract to which the State, any of its political
17subdivisions, or any municipal corporation is a party.
18    (M-5) Race. "Race" includes traits associated with race,
19including, but not limited to, hair texture and protective
20hairstyles such as braids, locks, and twists.
21    (N) Religion. "Religion" includes all aspects of religious
22observance and practice, as well as belief, except that with
23respect to employers, for the purposes of Article 2,
24"religion" has the meaning ascribed to it in paragraph (F) of
25Section 2-101.
26    (O) Sex. "Sex" means the status of being male or female.

 

 

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1    (O-1) Sexual orientation. "Sexual orientation" means
2actual or perceived heterosexuality, homosexuality,
3bisexuality, or gender-related identity, whether or not
4traditionally associated with the person's designated sex at
5birth. "Sexual orientation" does not include a physical or
6sexual attraction to a minor by an adult.
7    (O-5) Source of income. "Source of income" means the
8lawful manner by which an individual supports himself or
9herself and his or her dependents.
10    (P) Unfavorable military discharge. "Unfavorable military
11discharge" includes discharges from the Armed Forces of the
12United States, their Reserve components, or any National Guard
13or Naval Militia which are classified as RE-3 or the
14equivalent thereof, but does not include those characterized
15as RE-4 or "Dishonorable".
16    (Q) Unlawful discrimination. "Unlawful discrimination"
17means discrimination against a person because of his or her
18actual or perceived: race, color, religion, national origin,
19ancestry, age, sex, marital status, order of protection
20status, disability, military status, sexual orientation,
21pregnancy, or unfavorable discharge from military service as
22those terms are defined in this Section.
23(Source: P.A. 102-362, eff. 1-1-22; 102-419, eff. 1-1-22;
24102-558, eff. 8-20-21; 102-813, eff. 5-13-22; 102-896, eff.
251-1-23; 102-1102, eff. 1-1-23; 103-154, eff. 6-30-23.)
 

 

 

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1    Section 95. No acceleration or delay. Where this Act makes
2changes in a statute that is represented in this Act by text
3that is not yet or no longer in effect (for example, a Section
4represented by multiple versions), the use of that text does
5not accelerate or delay the taking effect of (i) the changes
6made by this Act or (ii) provisions derived from any other
7Public Act.".