99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
SB2194

 

Introduced 11/3/2015, by Sen. Jason A. Barickman

 

SYNOPSIS AS INTRODUCED:
 
15 ILCS 335/5  from Ch. 124, par. 25
625 ILCS 5/6-106  from Ch. 95 1/2, par. 6-106

    Amends the Illinois Identification Card Act and the Illinois Vehicle Code. Allows the issuance of an identification card or a driver's license with a veteran designation to a member of the armed forces, including a member of any reserve component or National Guard unit, regardless of whether he or she served on active duty. Makes conforming changes. Effective immediately.


LRB099 14409 RJF 38506 b

 

 

A BILL FOR

 

SB2194LRB099 14409 RJF 38506 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 Section 5 as follows:
 
6    (15 ILCS 335/5)  (from Ch. 124, par. 25)
7    Sec. 5. Applications.
8    (a) Any natural person who is a resident of the State of
9Illinois may file an application for an identification card, or
10for the renewal thereof, in a manner prescribed by the
11Secretary. Each original application shall be completed by the
12applicant in full and shall set forth the legal name, residence
13address and zip code, social security number, birth date, sex
14and a brief description of the applicant. The applicant shall
15be photographed, unless the Secretary of State has provided by
16rule for the issuance of identification cards without
17photographs and the applicant is deemed eligible for an
18identification card without a photograph under the terms and
19conditions imposed by the Secretary of State, and he or she
20shall also submit any other information as the Secretary may
21deem necessary or such documentation as the Secretary may
22require to determine the identity of the applicant. In addition
23to the residence address, the Secretary may allow the applicant

 

 

SB2194- 2 -LRB099 14409 RJF 38506 b

1to provide a mailing address. If the applicant is a judicial
2officer as defined in Section 1-10 of the Judicial Privacy Act
3or a peace officer, the applicant may elect to have his or her
4office or work address in lieu of the applicant's residence or
5mailing address. An applicant for an Illinois Person with a
6Disability Identification Card must also submit with each
7original or renewal application, on forms prescribed by the
8Secretary, such documentation as the Secretary may require,
9establishing that the applicant is a "person with a disability"
10as defined in Section 4A of this Act, and setting forth the
11applicant's type and class of disability as set forth in
12Section 4A of this Act. For the purposes of this subsection
13(a), "peace officer" means any person who by virtue of his or
14her office or public employment is vested by law with a duty to
15maintain public order or to make arrests for a violation of any
16penal statute of this State, whether that duty extends to all
17violations or is limited to specific violations.
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 this
23Act. The acceptable forms of proof shall include, but are not
24limited to, Department of Defense form DD-214. The Secretary
25shall determine by rule what other forms of proof of a person's
26status as a veteran are acceptable.

 

 

SB2194- 3 -LRB099 14409 RJF 38506 b

1    The Illinois Department of Veterans' Affairs shall confirm
2the status of the applicant as an honorably discharged veteran
3before the Secretary may issue the identification card.
4    For purposes of this subsection (b):
5    "Active duty" means active duty under an executive order of
6the President of the United States, an Act of the Congress of
7the United States, or an order of the Governor.
8    "Armed forces" means any of the Armed Forces of the United
9States, including a member of any reserve component or National
10Guard unit called to active duty.
11    "Veteran" means a person who has served on active duty in
12the armed forces, including a member of any reserve component
13or National Guard unit, and was discharged or separated under
14honorable conditions.
15(Source: P.A. 97-371, eff. 1-1-12; 97-739, eff. 1-1-13; 97-847,
16eff. 1-1-13; 97-1064, eff. 1-1-13; 98-323, eff. 1-1-14; 98-463,
17eff. 8-16-13.)
 
18    Section 10. The Illinois Vehicle Code is amended by
19changing Section 6-106 as follows:
 
20    (625 ILCS 5/6-106)  (from Ch. 95 1/2, par. 6-106)
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 be

 

 

SB2194- 4 -LRB099 14409 RJF 38506 b

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

 

 

SB2194- 5 -LRB099 14409 RJF 38506 b

1further provide that each drivers license shall include a
2photograph of the driver. The Secretary of State may utilize a
3photograph process or system most suitable to deter alteration
4or improper reproduction of a drivers license and to prevent
5substitution of another photo thereon. For the purposes of this
6subsection (b), "peace officer" means any person who by virtue
7of his or her office or public employment is vested by law with
8a duty to maintain public order or to make arrests for a
9violation of any penal statute of this State, whether that duty
10extends to all violations or is limited to specific violations.
11    (c) The application form shall include a notice to the
12applicant of the registration obligations of sex offenders
13under the Sex Offender Registration Act. The notice shall be
14provided in a form and manner prescribed by the Secretary of
15State. For purposes of this subsection (c), "sex offender" has
16the meaning ascribed to it in Section 2 of the Sex Offender
17Registration Act.
18    (d) Any male United States citizen or immigrant who applies
19for any permit or license authorized to be issued under this
20Code or for a renewal of any permit or license, and who is at
21least 18 years of age but less than 26 years of age, must be
22registered in compliance with the requirements of the federal
23Military Selective Service Act. The Secretary of State must
24forward in an electronic format the necessary personal
25information regarding the applicants identified in this
26subsection (d) to the Selective Service System. The applicant's

 

 

SB2194- 6 -LRB099 14409 RJF 38506 b

1signature on the application serves as an indication that the
2applicant either has already registered with the Selective
3Service System or that he is authorizing the Secretary to
4forward to the Selective Service System the necessary
5information for registration. The Secretary must notify the
6applicant at the time of application that his signature
7constitutes consent to registration with the Selective Service
8System, if he is not already registered.
9    (e) Beginning on or before July 1, 2015, for each original
10or renewal driver's license application under this Code, the
11Secretary shall inquire as to whether the applicant is a
12veteran for purposes of issuing a driver's license with a
13veteran designation under subsection (e-5) of Section 6-110 of
14this Code. The acceptable forms of proof shall include, but are
15not limited to, Department of Defense form DD-214. The
16Secretary shall determine by rule what other forms of proof of
17a person's status as a veteran are acceptable.
18    The Illinois Department of Veterans' Affairs shall confirm
19the status of the applicant as an honorably discharged veteran
20before the Secretary may issue the driver's license.
21    For purposes of this subsection (e):
22    "Active duty" means active duty under an executive order of
23the President of the United States, an Act of the Congress of
24the United States, or an order of the Governor.
25    "Armed forces" means any of the Armed Forces of the United
26States, including a member of any reserve component or National

 

 

SB2194- 7 -LRB099 14409 RJF 38506 b

1Guard unit called to active duty.
2    "Veteran" means a person who has served on active duty in
3the armed forces, including a member of any reserve component
4or National Guard unit, and was discharged or separated under
5honorable conditions.
6(Source: P.A. 97-263, eff. 8-5-11; 97-739, eff. 1-1-13; 97-847,
7eff. 1-1-13; 98-323, eff. 1-1-14; 98-463, eff. 8-16-13; 98-756,
8eff. 7-16-14.)
 
9    Section 99. Effective date. This Act takes effect upon
10becoming law.