97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
SB1891

 

Introduced 2/10/2011, by Sen. Pamela J. Althoff - David Luechtefeld

 

SYNOPSIS AS INTRODUCED:
 
15 ILCS 335/4  from Ch. 124, par. 24
15 ILCS 335/5  from Ch. 124, par. 25
15 ILCS 335/11  from Ch. 124, par. 31
625 ILCS 5/2-123  from Ch. 95 1/2, par. 2-123
625 ILCS 5/6-106  from Ch. 95 1/2, par. 6-106
625 ILCS 5/6-110  from Ch. 95 1/2, par. 6-110

    Amends the Illinois Identification Card Act and Illinois Vehicle Code to provide that: the Secretary of State must inquire as to whether an applicant for a State identification card or driver's license is a veteran for purposes of issuing a State identification card or driver's license with a veteran designation; the Secretary shall determine by rule what forms of proof of a person's status as a veteran are acceptable; and the Secretary may disclose an individual's social security number or associated information to the Illinois Department of Veterans' Affairs for the purpose of confirming veteran status. Defines "veteran" and other terms. Effective January 1, 2012.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB1891LRB097 00054 WGH 40057 b

1    AN ACT concerning the Secretary of State.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Identification Card Act is amended
5by changing Sections 4, 5, and 11 as follows:
 
6    (15 ILCS 335/4)  (from Ch. 124, par. 24)
7    Sec. 4. Identification Card.
8    (a) The Secretary of State shall issue a standard Illinois
9Identification Card to any natural person who is a resident of
10the State of Illinois who applies for such card, or renewal
11thereof, or who applies for a standard Illinois Identification
12Card upon release as a committed person on parole, mandatory
13supervised release, final discharge, or pardon from the
14Department of Corrections by submitting an identification card
15issued by the Department of Corrections under Section 3-14-1 of
16the Unified Code of Corrections, together with the prescribed
17fees. No identification card shall be issued to any person who
18holds a valid foreign state identification card, license, or
19permit unless the person first surrenders to the Secretary of
20State the valid foreign state identification card, license, or
21permit. The card shall be prepared and supplied by the
22Secretary of State and shall include a photograph and signature
23or mark of the applicant. The Illinois Identification Card may

 

 

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1be used for identification purposes in any lawful situation
2only by the person to whom it was issued. As used in this Act,
3"photograph" means any color photograph or digitally produced
4and captured image of an applicant for an identification card.
5As used in this Act, "signature" means the name of a person as
6written by that person and captured in a manner acceptable to
7the Secretary of State.
8    (a-5) If an applicant for an identification card has a
9current driver's license or instruction permit issued by the
10Secretary of State, the Secretary may require the applicant to
11utilize the same residence address and name on the
12identification card, driver's license, and instruction permit
13records maintained by the Secretary. The Secretary may
14promulgate rules to implement this provision.
15    (b) The Secretary of State shall issue a special Illinois
16Identification Card, which shall be known as an Illinois
17Disabled Person Identification Card, to any natural person who
18is a resident of the State of Illinois, who is a disabled
19person as defined in Section 4A of this Act, who applies for
20such card, or renewal thereof. No Disabled Person
21Identification Card shall be issued to any person who holds a
22valid foreign state identification card, license, or permit
23unless the person first surrenders to the Secretary of State
24the valid foreign state identification card, license, or
25permit. The Secretary of State shall charge no fee to issue
26such card. 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, a designation indicating
3that the card is an Illinois Disabled Person Identification
4Card, and shall include a comprehensible designation of the
5type and classification of the applicant's disability as set
6out in Section 4A of this Act. If the applicant so requests,
7the card shall include a description of the applicant's
8disability and any information about the applicant's
9disability or medical history which the Secretary determines
10would be helpful to the applicant in securing emergency medical
11care. If a mark is used in lieu of a signature, such mark shall
12be affixed to the card in the presence of two witnesses who
13attest to the authenticity of the mark. The Illinois Disabled
14Person Identification Card may be used for identification
15purposes in any lawful situation by the person to whom it was
16issued.
17    The Illinois Disabled Person Identification Card may be
18used as adequate documentation of disability in lieu of a
19physician's determination of disability, a determination of
20disability from a physician assistant who has been delegated
21the authority to make this determination by his or her
22supervising physician, a determination of disability from an
23advanced practice nurse who has a written collaborative
24agreement with a collaborating physician that authorizes the
25advanced practice nurse to make this determination, or any
26other documentation of disability whenever any State law

 

 

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1requires that a disabled person provide such documentation of
2disability, however an Illinois Disabled Person Identification
3Card shall not qualify the cardholder to participate in any
4program or to receive any benefit which is not available to all
5persons with like disabilities. Notwithstanding any other
6provisions of law, an Illinois Disabled Person Identification
7Card, or evidence that the Secretary of State has issued an
8Illinois Disabled Person Identification Card, shall not be used
9by any person other than the person named on such card to prove
10that the person named on such card is a disabled person or for
11any other purpose unless the card is used for the benefit of
12the person named on such card, and the person named on such
13card consents to such use at the time the card is so used.
14    An optometrist's determination of a visual disability
15under Section 4A of this Act is acceptable as documentation for
16the purpose of issuing an Illinois Disabled Person
17Identification Card.
18    When medical information is contained on an Illinois
19Disabled Person Identification Card, the Office of the
20Secretary of State shall not be liable for any actions taken
21based upon that medical information.
22    (c) Beginning January 1, 1986, the Secretary of State shall
23provide that each original or renewal Illinois Identification
24Card or Illinois Disabled Person Identification Card issued to
25a person under the age of 21, shall be of a distinct nature
26from those Illinois Identification Cards or Illinois Disabled

 

 

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1Person Identification Cards issued to individuals 21 years of
2age or older. The color designated for Illinois Identification
3Cards or Illinois Disabled Person Identification Cards for
4persons under the age of 21 shall be at the discretion of the
5Secretary of State.
6    (c-1) Beginning January 1, 2003, each original or renewal
7Illinois Identification Card or Illinois Disabled Person
8Identification Card issued to a person under the age of 21
9shall display the date upon which the person becomes 18 years
10of age and the date upon which the person becomes 21 years of
11age.
12    (c-5) The Secretary of State shall designate a space on
13each original or renewal identification card where, at the
14request of the applicant, the word "veteran" shall be placed.
15The veteran designation shall be available to a person
16identified as a veteran pursuant to subsection (b) of Section 5
17of this Act who was discharged or separated under honorable
18conditions.
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 available
25at, but not limited to, nutrition sites, senior citizen centers
26and Area Agencies on Aging. The applicant, upon receipt of such

 

 

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1card and prior to its use for any purpose, shall have affixed
2thereon in the space provided therefor his signature or mark.
3    (e) The Secretary of State, in his or her discretion, may
4designate on each Illinois Identification Card or Illinois
5Disabled Person Identification Card a space where the card
6holder may place a sticker or decal, issued by the Secretary of
7State, of uniform size as the Secretary may specify, that shall
8indicate in appropriate language that the card holder has
9renewed his or her Illinois Identification Card or Illinois
10Disabled Person Identification Card.
11(Source: P.A. 95-762, eff. 1-1-09; 95-779, eff. 1-1-09; 96-146,
12eff. 1-1-10; 96-328, eff. 8-11-09; 96-1231, eff. 7-23-10.)
 
13    (15 ILCS 335/5)  (from Ch. 124, par. 25)
14    Sec. 5. Applications.
15    (a) Any natural person who is a resident of the State of
16Illinois, may file an application for an identification card or
17for the renewal thereof, in a manner prescribed by the
18Secretary. Each original application shall be completed by the
19applicant in full and shall set forth the legal name, residence
20address and zip code, social security number, birth date, sex
21and a brief description of the applicant. The applicant shall
22be photographed and he shall also submit any other information
23as the Secretary may deem necessary or such documentation as
24the Secretary may require to determine the identity of the
25applicant. In addition to the residence address, the Secretary

 

 

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1may allow the applicant to provide a mailing address. An
2applicant for a disabled persons card must also submit with
3each original or renewal application, on forms prescribed by
4the Secretary, such documentation as the Secretary may require,
5establishing that the applicant is a "disabled person" as
6defined in Section 4A of this Act, and setting forth the
7applicant's type and class of disability as set forth in
8Section 4A of this Act.
9    (b) For each original or renewal identification card
10application under this Act, the Secretary shall inquire as to
11whether the applicant is a veteran for purposes of issuing an
12identification card with a veteran designation under
13subsection (c-5) of Section 4 of this Act. The acceptable forms
14of proof shall include, but are not limited to, Department of
15Defense form DD-214. The Secretary shall determine by rule what
16other forms of proof of a person's status as a veteran are
17acceptable.
18    For purposes of this subsection (b):
19    "Active duty" means active duty pursuant to an executive
20order of the President of the United States, an Act of the
21Congress of the United States, or an order of the Governor.
22    "Armed forces" means any of the Armed Forces of the United
23States, including a member of any reserve component thereof or
24National Guard unit called to active duty.
25    "Veteran" means a person who has served on active duty in
26the armed forces of the United States and was discharged or

 

 

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1separated under honorable conditions.
2(Source: P.A. 96-1231, eff. 7-23-10.)
 
3    (15 ILCS 335/11)  (from Ch. 124, par. 31)
4    Sec. 11. The Secretary may make a search of his records and
5furnish information as to whether a person has a current
6Standard Illinois Identification Card or an Illinois Disabled
7Person Identification Card then on file, upon receipt of a
8written application therefor accompanied with the prescribed
9fee. However, the Secretary may not disclose medical
10information concerning an individual to any person, public
11agency, private agency, corporation or governmental body
12unless the individual has submitted a written request for the
13information or unless the individual has given prior written
14consent for the release of the information to a specific person
15or entity. This exception shall not apply to: (1) offices and
16employees of the Secretary who have a need to know the medical
17information in performance of their official duties, or (2)
18orders of a court of competent jurisdiction. When medical
19information is disclosed by the Secretary in accordance with
20the provisions of this Section, no liability shall rest with
21the Office of the Secretary of State as the information is
22released for informational purposes only.
23    The Secretary may release personally identifying
24information or highly restricted personal information only to:
25        (1) officers and employees of the Secretary who have a

 

 

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1    need to know that information;
2        (2) other governmental agencies for use in their
3    official governmental functions;
4        (3) law enforcement agencies that need the information
5    for a criminal or civil investigation; or
6        (4) any entity that the Secretary has authorized, by
7    rule, to receive this information.
8    The Secretary may not disclose an individual's social
9security number or any associated information obtained from the
10Social Security Administration without the written request or
11consent of the individual except: (i) to officers and employees
12of the Secretary who have a need to know the social security
13number in the performance of their official duties; (ii) to law
14enforcement officials for a lawful civil or criminal law
15enforcement investigation if the head of the law enforcement
16agency has made a written request to the Secretary specifying
17the law enforcement investigation for which the social security
18number is being sought; or (iii) under a lawful court order
19signed by a judge; or (iv) to the Illinois Department of
20Veterans' Affairs for the purpose of confirming veteran status.
21(Source: P.A. 93-895, eff. 1-1-05.)
 
22    Section 10. The Illinois Vehicle Code is amended by
23changing Sections 2-123, 6-106, and 6-110 as follows:
 
24    (625 ILCS 5/2-123)  (from Ch. 95 1/2, par. 2-123)

 

 

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1    Sec. 2-123. Sale and Distribution of Information.
2    (a) Except as otherwise provided in this Section, the
3Secretary may make the driver's license, vehicle and title
4registration lists, in part or in whole, and any statistical
5information derived from these lists available to local
6governments, elected state officials, state educational
7institutions, and all other governmental units of the State and
8Federal Government requesting them for governmental purposes.
9The Secretary shall require any such applicant for services to
10pay for the costs of furnishing such services and the use of
11the equipment involved, and in addition is empowered to
12establish prices and charges for the services so furnished and
13for the use of the electronic equipment utilized.
14    (b) The Secretary is further empowered to and he may, in
15his discretion, furnish to any applicant, other than listed in
16subsection (a) of this Section, vehicle or driver data on a
17computer tape, disk, other electronic format or computer
18processable medium, or printout at a fixed fee of $250 for
19orders received before October 1, 2003 and $500 for orders
20received on or after October 1, 2003, in advance, and require
21in addition a further sufficient deposit based upon the
22Secretary of State's estimate of the total cost of the
23information requested and a charge of $25 for orders received
24before October 1, 2003 and $50 for orders received on or after
25October 1, 2003, per 1,000 units or part thereof identified or
26the actual cost, whichever is greater. The Secretary is

 

 

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1authorized to refund any difference between the additional
2deposit and the actual cost of the request. This service shall
3not be in lieu of an abstract of a driver's record nor of a
4title or registration search. This service may be limited to
5entities purchasing a minimum number of records as required by
6administrative rule. The information sold pursuant to this
7subsection shall be the entire vehicle or driver data list, or
8part thereof. The information sold pursuant to this subsection
9shall not contain personally identifying information unless
10the information is to be used for one of the purposes
11identified in subsection (f-5) of this Section. Commercial
12purchasers of driver and vehicle record databases shall enter
13into a written agreement with the Secretary of State that
14includes disclosure of the commercial use of the information to
15be purchased.
16    (b-1) The Secretary is further empowered to and may, in his
17or her discretion, furnish vehicle or driver data on a computer
18tape, disk, or other electronic format or computer processible
19medium, at no fee, to any State or local governmental agency
20that uses the information provided by the Secretary to transmit
21data back to the Secretary that enables the Secretary to
22maintain accurate driving records, including dispositions of
23traffic cases. This information may be provided without fee not
24more often than once every 6 months.
25    (c) Secretary of State may issue registration lists. The
26Secretary of State may compile a list of all registered

 

 

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1vehicles. Each list of registered vehicles shall be arranged
2serially according to the registration numbers assigned to
3registered vehicles and may contain in addition the names and
4addresses of registered owners and a brief description of each
5vehicle including the serial or other identifying number
6thereof. Such compilation may be in such form as in the
7discretion of the Secretary of State may seem best for the
8purposes intended.
9    (d) The Secretary of State shall furnish no more than 2
10current available lists of such registrations to the sheriffs
11of all counties and to the chiefs of police of all cities and
12villages and towns of 2,000 population and over in this State
13at no cost. Additional copies may be purchased by the sheriffs
14or chiefs of police at the fee of $500 each or at the cost of
15producing the list as determined by the Secretary of State.
16Such lists are to be used for governmental purposes only.
17    (e) (Blank).
18    (e-1) (Blank).
19    (f) The Secretary of State shall make a title or
20registration search of the records of his office and a written
21report on the same for any person, upon written application of
22such person, accompanied by a fee of $5 for each registration
23or title search. The written application shall set forth the
24intended use of the requested information. No fee shall be
25charged for a title or registration search, or for the
26certification thereof requested by a government agency. The

 

 

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1report of the title or registration search shall not contain
2personally identifying information unless the request for a
3search was made for one of the purposes identified in
4subsection (f-5) of this Section. The report of the title or
5registration search shall not contain highly restricted
6personal information unless specifically authorized by this
7Code.
8    The Secretary of State shall certify a title or
9registration record upon written request. The fee for
10certification shall be $5 in addition to the fee required for a
11title or registration search. Certification shall be made under
12the signature of the Secretary of State and shall be
13authenticated by Seal of the Secretary of State.
14    The Secretary of State may notify the vehicle owner or
15registrant of the request for purchase of his title or
16registration information as the Secretary deems appropriate.
17    No information shall be released to the requestor until
18expiration of a 10 day period. This 10 day period shall not
19apply to requests for information made by law enforcement
20officials, government agencies, financial institutions,
21attorneys, insurers, employers, automobile associated
22businesses, persons licensed as a private detective or firms
23licensed as a private detective agency under the Private
24Detective, Private Alarm, Private Security, Fingerprint
25Vendor, and Locksmith Act of 2004, who are employed by or are
26acting on behalf of law enforcement officials, government

 

 

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1agencies, financial institutions, attorneys, insurers,
2employers, automobile associated businesses, and other
3business entities for purposes consistent with the Illinois
4Vehicle Code, the vehicle owner or registrant or other entities
5as the Secretary may exempt by rule and regulation.
6    Any misrepresentation made by a requestor of title or
7vehicle information shall be punishable as a petty offense,
8except in the case of persons licensed as a private detective
9or firms licensed as a private detective agency which shall be
10subject to disciplinary sanctions under Section 40-10 of the
11Private Detective, Private Alarm, Private Security,
12Fingerprint Vendor, and Locksmith Act of 2004.
13    (f-5) The Secretary of State shall not disclose or
14otherwise make available to any person or entity any personally
15identifying information obtained by the Secretary of State in
16connection with a driver's license, vehicle, or title
17registration record unless the information is disclosed for one
18of the following purposes:
19        (1) For use by any government agency, including any
20    court or law enforcement agency, in carrying out its
21    functions, or any private person or entity acting on behalf
22    of a federal, State, or local agency in carrying out its
23    functions.
24        (2) For use in connection with matters of motor vehicle
25    or driver safety and theft; motor vehicle emissions; motor
26    vehicle product alterations, recalls, or advisories;

 

 

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1    performance monitoring of motor vehicles, motor vehicle
2    parts, and dealers; and removal of non-owner records from
3    the original owner records of motor vehicle manufacturers.
4        (3) For use in the normal course of business by a
5    legitimate business or its agents, employees, or
6    contractors, but only:
7            (A) to verify the accuracy of personal information
8        submitted by an individual to the business or its
9        agents, employees, or contractors; and
10            (B) if such information as so submitted is not
11        correct or is no longer correct, to obtain the correct
12        information, but only for the purposes of preventing
13        fraud by, pursuing legal remedies against, or
14        recovering on a debt or security interest against, the
15        individual.
16        (4) For use in research activities and for use in
17    producing statistical reports, if the personally
18    identifying information is not published, redisclosed, or
19    used to contact individuals.
20        (5) For use in connection with any civil, criminal,
21    administrative, or arbitral proceeding in any federal,
22    State, or local court or agency or before any
23    self-regulatory body, including the service of process,
24    investigation in anticipation of litigation, and the
25    execution or enforcement of judgments and orders, or
26    pursuant to an order of a federal, State, or local court.

 

 

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1        (6) For use by any insurer or insurance support
2    organization or by a self-insured entity or its agents,
3    employees, or contractors in connection with claims
4    investigation activities, antifraud activities, rating, or
5    underwriting.
6        (7) For use in providing notice to the owners of towed
7    or impounded vehicles.
8        (8) For use by any person licensed as a private
9    detective or firm licensed as a private detective agency
10    under the Private Detective, Private Alarm, Private
11    Security, Fingerprint Vendor, and Locksmith Act of 2004,
12    private investigative agency or security service licensed
13    in Illinois for any purpose permitted under this
14    subsection.
15        (9) For use by an employer or its agent or insurer to
16    obtain or verify information relating to a holder of a
17    commercial driver's license that is required under chapter
18    313 of title 49 of the United States Code.
19        (10) For use in connection with the operation of
20    private toll transportation facilities.
21        (11) For use by any requester, if the requester
22    demonstrates it has obtained the written consent of the
23    individual to whom the information pertains.
24        (12) For use by members of the news media, as defined
25    in Section 1-148.5, for the purpose of newsgathering when
26    the request relates to the operation of a motor vehicle or

 

 

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1    public safety.
2        (13) For any other use specifically authorized by law,
3    if that use is related to the operation of a motor vehicle
4    or public safety.
5    (f-6) The Secretary of State shall not disclose or
6otherwise make available to any person or entity any highly
7restricted personal information obtained by the Secretary of
8State in connection with a driver's license, vehicle, or title
9registration record unless specifically authorized by this
10Code.
11    (g) 1. The Secretary of State may, upon receipt of a
12    written request and a fee of $6 before October 1, 2003 and
13    a fee of $12 on and after October 1, 2003, furnish to the
14    person or agency so requesting a driver's record. Such
15    document may include a record of: current driver's license
16    issuance information, except that the information on
17    judicial driving permits shall be available only as
18    otherwise provided by this Code; convictions; orders
19    entered revoking, suspending or cancelling a driver's
20    license or privilege; and notations of accident
21    involvement. All other information, unless otherwise
22    permitted by this Code, shall remain confidential.
23    Information released pursuant to a request for a driver's
24    record shall not contain personally identifying
25    information, unless the request for the driver's record was
26    made for one of the purposes set forth in subsection (f-5)

 

 

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1    of this Section. The Secretary of State may, without fee,
2    allow a parent or guardian of a person under the age of 18
3    years, who holds an instruction permit or graduated
4    driver's license, to view that person's driving record
5    online, through a computer connection. The parent or
6    guardian's online access to the driving record will
7    terminate when the instruction permit or graduated
8    driver's license holder reaches the age of 18.
9        2. The Secretary of State shall not disclose or
10    otherwise make available to any person or entity any highly
11    restricted personal information obtained by the Secretary
12    of State in connection with a driver's license, vehicle, or
13    title registration record unless specifically authorized
14    by this Code. The Secretary of State may certify an
15    abstract of a driver's record upon written request
16    therefor. Such certification shall be made under the
17    signature of the Secretary of State and shall be
18    authenticated by the Seal of his office.
19        3. All requests for driving record information shall be
20    made in a manner prescribed by the Secretary and shall set
21    forth the intended use of the requested information.
22        The Secretary of State may notify the affected driver
23    of the request for purchase of his driver's record as the
24    Secretary deems appropriate.
25        No information shall be released to the requester until
26    expiration of a 10 day period. This 10 day period shall not

 

 

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1    apply to requests for information made by law enforcement
2    officials, government agencies, financial institutions,
3    attorneys, insurers, employers, automobile associated
4    businesses, persons licensed as a private detective or
5    firms licensed as a private detective agency under the
6    Private Detective, Private Alarm, Private Security,
7    Fingerprint Vendor, and Locksmith Act of 2004, who are
8    employed by or are acting on behalf of law enforcement
9    officials, government agencies, financial institutions,
10    attorneys, insurers, employers, automobile associated
11    businesses, and other business entities for purposes
12    consistent with the Illinois Vehicle Code, the affected
13    driver or other entities as the Secretary may exempt by
14    rule and regulation.
15        Any misrepresentation made by a requestor of driver
16    information shall be punishable as a petty offense, except
17    in the case of persons licensed as a private detective or
18    firms licensed as a private detective agency which shall be
19    subject to disciplinary sanctions under Section 40-10 of
20    the Private Detective, Private Alarm, Private Security,
21    Fingerprint Vendor, and Locksmith Act of 2004.
22        4. The Secretary of State may furnish without fee, upon
23    the written request of a law enforcement agency, any
24    information from a driver's record on file with the
25    Secretary of State when such information is required in the
26    enforcement of this Code or any other law relating to the

 

 

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1    operation of motor vehicles, including records of
2    dispositions; documented information involving the use of
3    a motor vehicle; whether such individual has, or previously
4    had, a driver's license; and the address and personal
5    description as reflected on said driver's record.
6        5. Except as otherwise provided in this Section, the
7    Secretary of State may furnish, without fee, information
8    from an individual driver's record on file, if a written
9    request therefor is submitted by any public transit system
10    or authority, public defender, law enforcement agency, a
11    state or federal agency, or an Illinois local
12    intergovernmental association, if the request is for the
13    purpose of a background check of applicants for employment
14    with the requesting agency, or for the purpose of an
15    official investigation conducted by the agency, or to
16    determine a current address for the driver so public funds
17    can be recovered or paid to the driver, or for any other
18    purpose set forth in subsection (f-5) of this Section.
19        The Secretary may also furnish the courts a copy of an
20    abstract of a driver's record, without fee, subsequent to
21    an arrest for a violation of Section 11-501 or a similar
22    provision of a local ordinance. Such abstract may include
23    records of dispositions; documented information involving
24    the use of a motor vehicle as contained in the current
25    file; whether such individual has, or previously had, a
26    driver's license; and the address and personal description

 

 

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1    as reflected on said driver's record.
2        6. Any certified abstract issued by the Secretary of
3    State or transmitted electronically by the Secretary of
4    State pursuant to this Section, to a court or on request of
5    a law enforcement agency, for the record of a named person
6    as to the status of the person's driver's license shall be
7    prima facie evidence of the facts therein stated and if the
8    name appearing in such abstract is the same as that of a
9    person named in an information or warrant, such abstract
10    shall be prima facie evidence that the person named in such
11    information or warrant is the same person as the person
12    named in such abstract and shall be admissible for any
13    prosecution under this Code and be admitted as proof of any
14    prior conviction or proof of records, notices, or orders
15    recorded on individual driving records maintained by the
16    Secretary of State.
17        7. Subject to any restrictions contained in the
18    Juvenile Court Act of 1987, and upon receipt of a proper
19    request and a fee of $6 before October 1, 2003 and a fee of
20    $12 on or after October 1, 2003, the Secretary of State
21    shall provide a driver's record to the affected driver, or
22    the affected driver's attorney, upon verification. Such
23    record shall contain all the information referred to in
24    paragraph 1 of this subsection (g) plus: any recorded
25    accident involvement as a driver; information recorded
26    pursuant to subsection (e) of Section 6-117 and paragraph

 

 

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1    (4) of subsection (a) of Section 6-204 of this Code. All
2    other information, unless otherwise permitted by this
3    Code, shall remain confidential.
4    (h) The Secretary shall not disclose social security
5numbers or any associated information obtained from the Social
6Security Administration except pursuant to a written request
7by, or with the prior written consent of, the individual
8except: (1) to officers and employees of the Secretary who have
9a need to know the social security numbers in performance of
10their official duties, (2) to law enforcement officials for a
11lawful, civil or criminal law enforcement investigation, and if
12the head of the law enforcement agency has made a written
13request to the Secretary specifying the law enforcement
14investigation for which the social security numbers are being
15sought, (3) to the United States Department of Transportation,
16or any other State, pursuant to the administration and
17enforcement of the Commercial Motor Vehicle Safety Act of 1986,
18(4) pursuant to the order of a court of competent jurisdiction,
19(5) to the Department of Healthcare and Family Services
20(formerly Department of Public Aid) for utilization in the
21child support enforcement duties assigned to that Department
22under provisions of the Illinois Public Aid Code after the
23individual has received advanced meaningful notification of
24what redisclosure is sought by the Secretary in accordance with
25the federal Privacy Act, or (6) to the Illinois Department of
26Revenue solely for use by the Department in the collection of

 

 

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1any tax or debt that the Department of Revenue is authorized or
2required by law to collect, provided that the Department shall
3not disclose the social security number to any person or entity
4outside of the Department, or (7) to the Illinois Department of
5Veterans' Affairs for the purpose of confirming veteran status.
6    (i) (Blank).
7    (j) Medical statements or medical reports received in the
8Secretary of State's Office shall be confidential. No
9confidential information may be open to public inspection or
10the contents disclosed to anyone, except officers and employees
11of the Secretary who have a need to know the information
12contained in the medical reports and the Driver License Medical
13Advisory Board, unless so directed by an order of a court of
14competent jurisdiction.
15    (k) All fees collected under this Section shall be paid
16into the Road Fund of the State Treasury, except that (i) for
17fees collected before October 1, 2003, $3 of the $6 fee for a
18driver's record shall be paid into the Secretary of State
19Special Services Fund, (ii) for fees collected on and after
20October 1, 2003, of the $12 fee for a driver's record, $3 shall
21be paid into the Secretary of State Special Services Fund and
22$6 shall be paid into the General Revenue Fund, and (iii) for
23fees collected on and after October 1, 2003, 50% of the amounts
24collected pursuant to subsection (b) shall be paid into the
25General Revenue Fund.
26    (l) (Blank).

 

 

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1    (m) Notations of accident involvement that may be disclosed
2under this Section shall not include notations relating to
3damage to a vehicle or other property being transported by a
4tow truck. This information shall remain confidential,
5provided that nothing in this subsection (m) shall limit
6disclosure of any notification of accident involvement to any
7law enforcement agency or official.
8    (n) Requests made by the news media for driver's license,
9vehicle, or title registration information may be furnished
10without charge or at a reduced charge, as determined by the
11Secretary, when the specific purpose for requesting the
12documents is deemed to be in the public interest. Waiver or
13reduction of the fee is in the public interest if the principal
14purpose of the request is to access and disseminate information
15regarding the health, safety, and welfare or the legal rights
16of the general public and is not for the principal purpose of
17gaining a personal or commercial benefit. The information
18provided pursuant to this subsection shall not contain
19personally identifying information unless the information is
20to be used for one of the purposes identified in subsection
21(f-5) of this Section.
22    (o) The redisclosure of personally identifying information
23obtained pursuant to this Section is prohibited, except to the
24extent necessary to effectuate the purpose for which the
25original disclosure of the information was permitted.
26    (p) The Secretary of State is empowered to adopt rules to

 

 

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1effectuate this Section.
2(Source: P.A. 95-201, eff. 1-1-08; 95-287, eff. 1-1-08; 95-331,
3eff. 8-21-07; 95-613, eff. 9-11-07; 95-876, eff. 8-21-08;
496-1383, eff. 1-1-11.)
 
5    (625 ILCS 5/6-106)  (from Ch. 95 1/2, par. 6-106)
6    Sec. 6-106. Application for license or instruction permit.
7    (a) Every application for any permit or license authorized
8to be issued under this Act shall be made upon a form furnished
9by the Secretary of State. Every application shall be
10accompanied by the proper fee and payment of such fee shall
11entitle the applicant to not more than 3 attempts to pass the
12examination within a period of 1 year after the date of
13application.
14    (b) Every application shall state the legal name, social
15security number, zip code, date of birth, sex, and residence
16address of the applicant; briefly describe the applicant; state
17whether the applicant has theretofore been licensed as a
18driver, and, if so, when and by what state or country, and
19whether any such license has ever been cancelled, suspended,
20revoked or refused, and, if so, the date and reason for such
21cancellation, suspension, revocation or refusal; shall include
22an affirmation by the applicant that all information set forth
23is true and correct; and shall bear the applicant's signature.
24In addition to the residence address, the Secretary may allow
25the applicant to provide a mailing address. The application

 

 

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1form may also require the statement of such additional relevant
2information as the Secretary of State shall deem necessary to
3determine the applicant's competency and eligibility. The
4Secretary of State may in his discretion substitute a federal
5tax number in lieu of a social security number, or he may
6instead assign an additional distinctive number in lieu
7thereof, where an applicant is prohibited by bona fide
8religious convictions from applying or is exempt from applying
9for a social security number. The Secretary of State shall,
10however, determine which religious orders or sects have such
11bona fide religious convictions. The Secretary of State may, in
12his discretion, by rule or regulation, provide that an
13application for a drivers license or permit may include a
14suitable photograph of the applicant in the form prescribed by
15the Secretary, and he may further provide that each drivers
16license shall include a photograph of the driver. The Secretary
17of State may utilize a photograph process or system most
18suitable to deter alteration or improper reproduction of a
19drivers license and to prevent substitution of another photo
20thereon.
21    (c) The application form shall include a notice to the
22applicant of the registration obligations of sex offenders
23under the Sex Offender Registration Act. The notice shall be
24provided in a form and manner prescribed by the Secretary of
25State. For purposes of this subsection (c), "sex offender" has
26the meaning ascribed to it in Section 2 of the Sex Offender

 

 

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1Registration Act.
2    (d) Any male United States citizen or immigrant who applies
3for any permit or license authorized to be issued under this
4Act or for a renewal of any permit or license, and who is at
5least 18 years of age but less than 26 years of age, must be
6registered in compliance with the requirements of the federal
7Military Selective Service Act. The Secretary of State must
8forward in an electronic format the necessary personal
9information regarding the applicants identified in this
10subsection (d) to the Selective Service System. The applicant's
11signature on the application serves as an indication that the
12applicant either has already registered with the Selective
13Service System or that he is authorizing the Secretary to
14forward to the Selective Service System the necessary
15information for registration. The Secretary must notify the
16applicant at the time of application that his signature
17constitutes consent to registration with the Selective Service
18System, if he is not already registered.
19    (e) For each original or renewal driver's license
20application under this Act, the Secretary shall inquire as to
21whether the applicant is a veteran for purposes of issuing a
22driver's license with a veteran designation under subsection
23(e-5) of Section 6-110 of this Chapter. The acceptable forms of
24proof shall include, but are not limited to, Department of
25Defense form DD-214. The Secretary shall determine by rule what
26other forms of proof of a person's status as a veteran are

 

 

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1acceptable.
2    For purposes of this subsection (e):
3    "Active duty" means active duty pursuant to an executive
4order of the President of the United States, an Act of the
5Congress of the United States, or an order of the Governor.
6    "Armed forces" means any of the Armed Forces of the United
7States, including a member of any reserve component thereof or
8National Guard unit called to active duty.
9    "Veteran" means a person who has served on active duty in
10the armed forces of the United States and was discharged or
11separated under honorable conditions.
12(Source: P.A. 96-1231, eff. 7-23-10.)
 
13    (625 ILCS 5/6-110)  (from Ch. 95 1/2, par. 6-110)
14    Sec. 6-110. Licenses issued to drivers.
15    (a) The Secretary of State shall issue to every qualifying
16applicant a driver's license as applied for, which license
17shall bear a distinguishing number assigned to the licensee,
18the legal name, signature, zip code, date of birth, residence
19address, and a brief description of the licensee.
20    Licenses issued shall also indicate the classification and
21the restrictions under Section 6-104 of this Code.
22    In lieu of the social security number, the Secretary may in
23his discretion substitute a federal tax number or other
24distinctive number.
25    A driver's license issued may, in the discretion of the

 

 

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

 

 

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1    organization, or another similar entity that takes
2    responsibility for the licensee, without any detour or
3    stop;
4        (7) exercising First Amendment rights protected by the
5    United States Constitution, such as the free exercise of
6    religion, freedom of speech, and the right of assembly; or
7        (8) married or had been married or is an emancipated
8    minor under the Emancipation of Minors Act.
9    (a-2.5) The driver's license of a person who is 17 years of
10age and has been licensed for at least 12 months is not invalid
11as described in subsection (a-1) of this Section while the
12licensee is participating as an assigned driver in a Safe Rides
13program that meets the following criteria:
14        (1) the program is sponsored by the Boy Scouts of
15    America or another national public service organization;
16    and
17        (2) the sponsoring organization carries liability
18    insurance covering the program.
19    (a-3) If a graduated driver's license holder over the age
20of 18 committed an offense against traffic regulations
21governing the movement of vehicles or any violation of Section
226-107 or Section 12-603.1 of this Code in the 6 months prior to
23the graduated driver's license holder's 18th birthday, and was
24subsequently convicted of the offense, the provisions of
25subsection (a-1) shall continue to apply until such time as a
26period of 6 consecutive months has elapsed without an

 

 

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1additional violation and subsequent conviction of an offense
2against traffic regulations governing the movement of vehicles
3or Section 6-107 or Section 12-603.1 of this Code.
4    (a-4) If an applicant for a driver's license or instruction
5permit has a current identification card issued by the
6Secretary of State, the Secretary may require the applicant to
7utilize the same residence address and name on the
8identification card, driver's license, and instruction permit
9records maintained by the Secretary. The Secretary may
10promulgate rules to implement this provision.
11    (b) Until the Secretary of State establishes a First Person
12Consent organ and tissue donor registry under Section 6-117 of
13this Code, the Secretary of State shall provide a format on the
14reverse of each driver's license issued which the licensee may
15use to execute a document of gift conforming to the provisions
16of the Illinois Anatomical Gift Act. The format shall allow the
17licensee to indicate the gift intended, whether specific
18organs, any organ, or the entire body, and shall accommodate
19the signatures of the donor and 2 witnesses. The Secretary
20shall also inform each applicant or licensee of this format,
21describe the procedure for its execution, and may offer the
22necessary witnesses; provided that in so doing, the Secretary
23shall advise the applicant or licensee that he or she is under
24no compulsion to execute a document of gift. A brochure
25explaining this method of executing an anatomical gift document
26shall be given to each applicant or licensee. The brochure

 

 

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1shall advise the applicant or licensee that he or she is under
2no compulsion to execute a document of gift, and that he or she
3may wish to consult with family, friends or clergy before doing
4so. The Secretary of State may undertake additional efforts,
5including education and awareness activities, to promote organ
6and tissue donation.
7    (c) The Secretary of State shall designate on each driver's
8license issued a space where the licensee may place a sticker
9or decal of the uniform size as the Secretary may specify,
10which sticker or decal may indicate in appropriate language
11that the owner of the license carries an Emergency Medical
12Information Card.
13    The sticker may be provided by any person, hospital,
14school, medical group, or association interested in assisting
15in implementing the Emergency Medical Information Card, but
16shall meet the specifications as the Secretary may by rule or
17regulation require.
18    (d) The Secretary of State shall designate on each driver's
19license issued a space where the licensee may indicate his
20blood type and RH factor.
21    (e) The Secretary of State shall provide that each original
22or renewal driver's license issued to a licensee under 21 years
23of age shall be of a distinct nature from those driver's
24licenses issued to individuals 21 years of age and older. The
25color designated for driver's licenses for licensees under 21
26years of age shall be at the discretion of the Secretary of

 

 

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1State.
2    (e-1) The Secretary shall provide that each driver's
3license issued to a person under the age of 21 displays the
4date upon which the person becomes 18 years of age and the date
5upon which the person becomes 21 years of age.
6    (e-5) The Secretary of State shall designate a space on
7each original or renewal driver's license where, at the request
8of the applicant, the word "veteran" shall be placed. The
9veteran designation shall be available to a person identified
10as a veteran pursuant to subsection (e) of paragraph 6-106 of
11this Chapter who was discharged or separated under honorable
12conditions.
13    (f) The Secretary of State shall inform all Illinois
14licensed commercial motor vehicle operators of the
15requirements of the Uniform Commercial Driver License Act,
16Article V of this Chapter, and shall make provisions to insure
17that all drivers, seeking to obtain a commercial driver's
18license, be afforded an opportunity prior to April 1, 1992, to
19obtain the license. The Secretary is authorized to extend
20driver's license expiration dates, and assign specific times,
21dates and locations where these commercial driver's tests shall
22be conducted. Any applicant, regardless of the current
23expiration date of the applicant's driver's license, may be
24subject to any assignment by the Secretary. Failure to comply
25with the Secretary's assignment may result in the applicant's
26forfeiture of an opportunity to receive a commercial driver's

 

 

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1license prior to April 1, 1992.
2    (g) The Secretary of State shall designate on a driver's
3license issued, a space where the licensee may indicate that he
4or she has drafted a living will in accordance with the
5Illinois Living Will Act or a durable power of attorney for
6health care in accordance with the Illinois Power of Attorney
7Act.
8    (g-1) The Secretary of State, in his or her discretion, may
9designate on each driver's license issued a space where the
10licensee may place a sticker or decal, issued by the Secretary
11of State, of uniform size as the Secretary may specify, that
12shall indicate in appropriate language that the owner of the
13license has renewed his or her driver's license.
14    (h) A person who acts in good faith in accordance with the
15terms of this Section is not liable for damages in any civil
16action or subject to prosecution in any criminal proceeding for
17his or her act.
18(Source: P.A. 95-310, eff. 1-1-08; 95-747, eff. 7-22-08;
1996-607, eff. 8-24-09; 96-1231, eff. 7-23-10.)
 
20    Section 99. Effective date. This Act takes effect January
211, 2012.