Illinois General Assembly - Full Text of HB3968
Illinois General Assembly

  Bills & Resolutions  
  Compiled Statutes  
  Public Acts  
  Legislative Reports  
  IL Constitution  
  Legislative Guide  
  Legislative Glossary  

 Search By Number
 (example: HB0001)
Search Tips

Search By Keyword

Full Text of HB3968  103rd General Assembly

HB3968 103RD GENERAL ASSEMBLY

  
  

 


 
103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB3968

 

Introduced 2/17/2023, by Rep. Maurice A. West, II

 

SYNOPSIS AS INTRODUCED:
 
New Act
5 ILCS 140/7.5
10 ILCS 5/10-10.3 new
15 ILCS 335/4  from Ch. 124, par. 24
15 ILCS 335/5  from Ch. 124, par. 25
625 ILCS 5/3-405  from Ch. 95 1/2, par. 3-405
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

    Creates the Public Official Privacy Act. Provides that government agencies, persons, businesses, and associations shall not publicly post or display publicly available content that includes an official's personal information, provided that the government agency, person, business, or association has received a written request from the person that it refrain from disclosing the person's personal information. Provides injunctive or declaratory relief if the Act is violated. Includes procedures for a written request. Provides that it is a Class 3 felony for any person to knowingly and publicly post on the Internet the personal information of an official or an official's immediate family in a manner posing an imminent and serious threat to the official or the official's immediate family. Excludes criminal penalties for employees of government agencies who publish information in good faith during the ordinary course of carrying out public functions. Provides that the Act and any rules adopted to implement the Act shall be construed broadly to favor the protection of the personal information of officials. Amends various Acts and Codes allowing an official to list a business address rather than a home address and makes conforming changes. Effective immediately.


LRB103 30438 AWJ 56869 b

 

 

A BILL FOR

 

HB3968LRB103 30438 AWJ 56869 b

1    AN ACT concerning privacy.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Short title. This Act may be cited as the Public
5Official Privacy Act.
 
6    Section 3. Purpose. The purpose of this Act is to improve
7the safety and security of officials and their families in
8order to ensure that those officials are able to fulfill their
9duties efficiently and effectively without fear of general
10reprisal.
11    This Act is not intended to restrain an official from
12independently choosing to make publicly available the
13official's personal information. Additionally, no government
14agency, person, business, or association has any obligation
15under this Act to protect the privacy of an official's
16personal information until the official makes a written
17request that the official's personal information not be
18publicly posted.
19    Nothing in this Act shall be construed to impair free
20access to decisions and opinions expressed by officials in the
21course of carrying out their public functions.
 
22    Section 5. Definitions. As used in this Act:

 

 

HB3968- 2 -LRB103 30438 AWJ 56869 b

1    "Government agency", "personal information", "publicly
2available content", and "publicly post" or "publicly display"
3have the meanings given to those terms in 1-10 of Judicial
4Privacy Act.
5    "Home address" includes an official's permanent residence
6and any secondary residences affirmatively identified by the
7official. "Home address" does not include an official's work
8address.
9    "Immediate family" includes an official's spouse, child,
10parent, or any blood relative of the official or the
11official's spouse who lives in the same residence.
12    "Official" includes:
13        (1) any current or former United States Senator or any
14    current or former United States Representative;
15        (2) any current or former member of the Illinois
16    General Assembly;
17        (3) any current or former holder of an elected office
18    or elected position in the government of the State of
19    Illinois;
20        (4) any current or former holder of an elected office
21    or elected position in the government of a county of the
22    State of Illinois; and
23        (5) any current or former holder of an elected office
24    or elected position in the government of a municipality of
25    the State of Illinois.
26    "Written request" means written notice signed by an

 

 

HB3968- 3 -LRB103 30438 AWJ 56869 b

1official or a representative of the official's employer
2requesting a government agency, person, business, or
3association to refrain from posting or displaying publicly
4available content that includes the official's personal
5information.
 
6    Section 10. Publicly posting or displaying an official's
7personal information by government agencies.
8    (a) Government agencies shall not publicly post or display
9publicly available content that includes an official's
10personal information, provided that the government agency has
11received a written request in accordance with Section 20 that
12it refrain from disclosing the official's personal
13information. After a government agency has received a written
14request, that agency shall remove the official's personal
15information from publicly available content within 5 business
16days. After the government agency has removed the official's
17personal information from publicly available content, the
18agency shall not publicly post or display the information, and
19the official's personal information shall be exempt from the
20Freedom of Information Act unless the government agency has
21received consent from the official to make the personal
22information available to the public.
23    (b) If a government agency fails to comply with a written
24request to refrain from disclosing personal information, the
25official may bring an action in the circuit court seeking

 

 

HB3968- 4 -LRB103 30438 AWJ 56869 b

1injunctive or declaratory relief.
 
2    Section 15. Publicly posting an official's personal
3information on the Internet by persons, businesses, and
4associations.
5    (a) A person, business, and association may not publicly
6post or display on the Internet content that includes an
7official's personal information if the official has made a
8written request to the person, business, or association to
9refrain from posting and disclosing the personal information.
10As used in this subsection, "publicly post or display"
11includes, but is not limited to, posting or disclosing on
12Internet phone directories, Internet search engines, Internet
13data aggregators, and websites.
14    (b) A person, business, or association that has received a
15written request from an official to protect the privacy of the
16officer's personal information:
17        (1) must remove the personal information from any
18    website or subsidiary website controlled by that person,
19    business, or association within 72 hours of receiving the
20    request;
21        (2) must ensure that the official's personal
22    information is not made available on any website or
23    subsidiary website controlled by that person, business, or
24    association; and
25        (3) may not transfer the official's personal

 

 

HB3968- 5 -LRB103 30438 AWJ 56869 b

1    information to any other person, business, or association
2    through any medium.
3    (c) An official whose personal information is made public
4as a result of a violation of this Section may bring an action
5in the circuit court seeking injunctive or declaratory relief.
6If the court grants injunctive or declaratory relief, the
7person, business, or association responsible for the violation
8shall be required to pay the official's costs and reasonable
9attorney's fees.
 
10    Section 20. Procedure for completing a written request.
11    (a) No government agency, person, business, or association
12shall be found to have violated any provision of this Act if
13the official fails to submit a written request calling for the
14protection of the official's personal information.
15    (b) A written request is valid under the following
16circumstances:
17        (1) The official sends a written request directly to a
18    government agency, person, business, or association.
19        (2) If the Secretary of State creates a policy and
20    procedure for an official to file the written request with
21    the Secretary of State to notify government agencies, the
22    official may send the written request to the Secretary of
23    State as provided in the policy and procedure. In each
24    quarter of a calendar year, the Secretary of State shall
25    provide a list of all officials who have submitted a

 

 

HB3968- 6 -LRB103 30438 AWJ 56869 b

1    written request to it to the appropriate officer with
2    ultimate supervisory authority for a government agency.
3    The officer shall promptly provide a copy of the list to
4    any and all government agencies under his or her
5    supervision. Receipt of the written request list compiled
6    by the Secretary of State by a government agency shall
7    constitute a written request to that agency for the
8    purposes of this Act.
9    (c) A representative from the official's employer may
10submit a written request on the official's behalf, provided
11that the official gives written consent to the representative
12and provided that the representative agrees to furnish a copy
13of that consent when a written request is made. The
14representative shall submit the written request as provided in
15subsection (b).
16    (d) An official's written request shall specify what
17personal information shall be maintained private.
18    If an official wishes to identify a secondary residence as
19a home address, the designation shall be made in the written
20request.
21    An official shall disclose the identity of the officer's
22immediate family and indicate that the personal information of
23these family members shall also be excluded to the extent that
24it could reasonably be expected to reveal the personal
25information of the official.
26    (e) An official's written request is valid until the

 

 

HB3968- 7 -LRB103 30438 AWJ 56869 b

1official provides the government agency, person, business, or
2association with written permission to release the private
3information. An official's written request expires on death.
 
4    Section 25. Publication of personal information posing an
5imminent and serious threat.
6    (a) It is unlawful for any person to knowingly and
7publicly post on the Internet the personal information of an
8official or of the official's immediate family if the person
9knows or reasonably should know that publicly posting the
10personal information poses an imminent and serious threat to
11the health and safety of the official or the official's
12immediate family and the violation is a proximate cause of
13bodily injury or death of the official or a member of the
14official's immediate family.
15    A person who violates this subsection is guilty of a Class
163 felony.
17    (b) If an employee of a government agency has complied
18with the provisions of this Act, it is not a violation of
19subsection (a) if the employee publishes personal information,
20in good faith, on the website of the government agency in the
21ordinary course of carrying out the employee's public
22functions.
 
23    Section 30. Construction. This Act and any rules adopted
24to implement this Act shall be construed broadly to favor the

 

 

HB3968- 8 -LRB103 30438 AWJ 56869 b

1protection of the personal information of officials.
 
2    Section 100. The Freedom of Information Act is amended by
3changing Section 7.5 as follows:
 
4    (5 ILCS 140/7.5)
5    Sec. 7.5. Statutory exemptions. To the extent provided for
6by the statutes referenced below, the following shall be
7exempt from inspection and copying:
8        (a) All information determined to be confidential
9    under Section 4002 of the Technology Advancement and
10    Development Act.
11        (b) Library circulation and order records identifying
12    library users with specific materials under the Library
13    Records Confidentiality Act.
14        (c) Applications, related documents, and medical
15    records received by the Experimental Organ Transplantation
16    Procedures Board and any and all documents or other
17    records prepared by the Experimental Organ Transplantation
18    Procedures Board or its staff relating to applications it
19    has received.
20        (d) Information and records held by the Department of
21    Public Health and its authorized representatives relating
22    to known or suspected cases of sexually transmissible
23    disease or any information the disclosure of which is
24    restricted under the Illinois Sexually Transmissible

 

 

HB3968- 9 -LRB103 30438 AWJ 56869 b

1    Disease Control Act.
2        (e) Information the disclosure of which is exempted
3    under Section 30 of the Radon Industry Licensing Act.
4        (f) Firm performance evaluations under Section 55 of
5    the Architectural, Engineering, and Land Surveying
6    Qualifications Based Selection Act.
7        (g) Information the disclosure of which is restricted
8    and exempted under Section 50 of the Illinois Prepaid
9    Tuition Act.
10        (h) Information the disclosure of which is exempted
11    under the State Officials and Employees Ethics Act, and
12    records of any lawfully created State or local inspector
13    general's office that would be exempt if created or
14    obtained by an Executive Inspector General's office under
15    that Act.
16        (i) Information contained in a local emergency energy
17    plan submitted to a municipality in accordance with a
18    local emergency energy plan ordinance that is adopted
19    under Section 11-21.5-5 of the Illinois Municipal Code.
20        (j) Information and data concerning the distribution
21    of surcharge moneys collected and remitted by carriers
22    under the Emergency Telephone System Act.
23        (k) Law enforcement officer identification information
24    or driver identification information compiled by a law
25    enforcement agency or the Department of Transportation
26    under Section 11-212 of the Illinois Vehicle Code.

 

 

HB3968- 10 -LRB103 30438 AWJ 56869 b

1        (l) Records and information provided to a residential
2    health care facility resident sexual assault and death
3    review team or the Executive Council under the Abuse
4    Prevention Review Team Act.
5        (m) Information provided to the predatory lending
6    database created pursuant to Article 3 of the Residential
7    Real Property Disclosure Act, except to the extent
8    authorized under that Article.
9        (n) Defense budgets and petitions for certification of
10    compensation and expenses for court appointed trial
11    counsel as provided under Sections 10 and 15 of the
12    Capital Crimes Litigation Act. This subsection (n) shall
13    apply until the conclusion of the trial of the case, even
14    if the prosecution chooses not to pursue the death penalty
15    prior to trial or sentencing.
16        (o) Information that is prohibited from being
17    disclosed under Section 4 of the Illinois Health and
18    Hazardous Substances Registry Act.
19        (p) Security portions of system safety program plans,
20    investigation reports, surveys, schedules, lists, data, or
21    information compiled, collected, or prepared by or for the
22    Department of Transportation under Sections 2705-300 and
23    2705-616 of the Department of Transportation Law of the
24    Civil Administrative Code of Illinois, the Regional
25    Transportation Authority under Section 2.11 of the
26    Regional Transportation Authority Act, or the St. Clair

 

 

HB3968- 11 -LRB103 30438 AWJ 56869 b

1    County Transit District under the Bi-State Transit Safety
2    Act.
3        (q) Information prohibited from being disclosed by the
4    Personnel Record Review Act.
5        (r) Information prohibited from being disclosed by the
6    Illinois School Student Records Act.
7        (s) Information the disclosure of which is restricted
8    under Section 5-108 of the Public Utilities Act.
9        (t) All identified or deidentified health information
10    in the form of health data or medical records contained
11    in, stored in, submitted to, transferred by, or released
12    from the Illinois Health Information Exchange, and
13    identified or deidentified health information in the form
14    of health data and medical records of the Illinois Health
15    Information Exchange in the possession of the Illinois
16    Health Information Exchange Office due to its
17    administration of the Illinois Health Information
18    Exchange. The terms "identified" and "deidentified" shall
19    be given the same meaning as in the Health Insurance
20    Portability and Accountability Act of 1996, Public Law
21    104-191, or any subsequent amendments thereto, and any
22    regulations promulgated thereunder.
23        (u) Records and information provided to an independent
24    team of experts under the Developmental Disability and
25    Mental Health Safety Act (also known as Brian's Law).
26        (v) Names and information of people who have applied

 

 

HB3968- 12 -LRB103 30438 AWJ 56869 b

1    for or received Firearm Owner's Identification Cards under
2    the Firearm Owners Identification Card Act or applied for
3    or received a concealed carry license under the Firearm
4    Concealed Carry Act, unless otherwise authorized by the
5    Firearm Concealed Carry Act; and databases under the
6    Firearm Concealed Carry Act, records of the Concealed
7    Carry Licensing Review Board under the Firearm Concealed
8    Carry Act, and law enforcement agency objections under the
9    Firearm Concealed Carry Act.
10        (v-5) Records of the Firearm Owner's Identification
11    Card Review Board that are exempted from disclosure under
12    Section 10 of the Firearm Owners Identification Card Act.
13        (w) Personally identifiable information which is
14    exempted from disclosure under subsection (g) of Section
15    19.1 of the Toll Highway Act.
16        (x) Information which is exempted from disclosure
17    under Section 5-1014.3 of the Counties Code or Section
18    8-11-21 of the Illinois Municipal Code.
19        (y) Confidential information under the Adult
20    Protective Services Act and its predecessor enabling
21    statute, the Elder Abuse and Neglect Act, including
22    information about the identity and administrative finding
23    against any caregiver of a verified and substantiated
24    decision of abuse, neglect, or financial exploitation of
25    an eligible adult maintained in the Registry established
26    under Section 7.5 of the Adult Protective Services Act.

 

 

HB3968- 13 -LRB103 30438 AWJ 56869 b

1        (z) Records and information provided to a fatality
2    review team or the Illinois Fatality Review Team Advisory
3    Council under Section 15 of the Adult Protective Services
4    Act.
5        (aa) Information which is exempted from disclosure
6    under Section 2.37 of the Wildlife Code.
7        (bb) Information which is or was prohibited from
8    disclosure by the Juvenile Court Act of 1987.
9        (cc) Recordings made under the Law Enforcement
10    Officer-Worn Body Camera Act, except to the extent
11    authorized under that Act.
12        (dd) Information that is prohibited from being
13    disclosed under Section 45 of the Condominium and Common
14    Interest Community Ombudsperson Act.
15        (ee) Information that is exempted from disclosure
16    under Section 30.1 of the Pharmacy Practice Act.
17        (ff) Information that is exempted from disclosure
18    under the Revised Uniform Unclaimed Property Act.
19        (gg) Information that is prohibited from being
20    disclosed under Section 7-603.5 of the Illinois Vehicle
21    Code.
22        (hh) Records that are exempt from disclosure under
23    Section 1A-16.7 of the Election Code.
24        (ii) Information which is exempted from disclosure
25    under Section 2505-800 of the Department of Revenue Law of
26    the Civil Administrative Code of Illinois.

 

 

HB3968- 14 -LRB103 30438 AWJ 56869 b

1        (jj) Information and reports that are required to be
2    submitted to the Department of Labor by registering day
3    and temporary labor service agencies but are exempt from
4    disclosure under subsection (a-1) of Section 45 of the Day
5    and Temporary Labor Services Act.
6        (kk) Information prohibited from disclosure under the
7    Seizure and Forfeiture Reporting Act.
8        (ll) Information the disclosure of which is restricted
9    and exempted under Section 5-30.8 of the Illinois Public
10    Aid Code.
11        (mm) Records that are exempt from disclosure under
12    Section 4.2 of the Crime Victims Compensation Act.
13        (nn) Information that is exempt from disclosure under
14    Section 70 of the Higher Education Student Assistance Act.
15        (oo) Communications, notes, records, and reports
16    arising out of a peer support counseling session
17    prohibited from disclosure under the First Responders
18    Suicide Prevention Act.
19        (pp) Names and all identifying information relating to
20    an employee of an emergency services provider or law
21    enforcement agency under the First Responders Suicide
22    Prevention Act.
23        (qq) Information and records held by the Department of
24    Public Health and its authorized representatives collected
25    under the Reproductive Health Act.
26        (rr) Information that is exempt from disclosure under

 

 

HB3968- 15 -LRB103 30438 AWJ 56869 b

1    the Cannabis Regulation and Tax Act.
2        (ss) Data reported by an employer to the Department of
3    Human Rights pursuant to Section 2-108 of the Illinois
4    Human Rights Act.
5        (tt) Recordings made under the Children's Advocacy
6    Center Act, except to the extent authorized under that
7    Act.
8        (uu) Information that is exempt from disclosure under
9    Section 50 of the Sexual Assault Evidence Submission Act.
10        (vv) Information that is exempt from disclosure under
11    subsections (f) and (j) of Section 5-36 of the Illinois
12    Public Aid Code.
13        (ww) Information that is exempt from disclosure under
14    Section 16.8 of the State Treasurer Act.
15        (xx) Information that is exempt from disclosure or
16    information that shall not be made public under the
17    Illinois Insurance Code.
18        (yy) Information prohibited from being disclosed under
19    the Illinois Educational Labor Relations Act.
20        (zz) Information prohibited from being disclosed under
21    the Illinois Public Labor Relations Act.
22        (aaa) Information prohibited from being disclosed
23    under Section 1-167 of the Illinois Pension Code.
24        (bbb) Information that is prohibited from disclosure
25    by the Illinois Police Training Act and the Illinois State
26    Police Act.

 

 

HB3968- 16 -LRB103 30438 AWJ 56869 b

1        (ccc) Records exempt from disclosure under Section
2    2605-304 of the Illinois State Police Law of the Civil
3    Administrative Code of Illinois.
4        (ddd) Information prohibited from being disclosed
5    under Section 35 of the Address Confidentiality for
6    Victims of Domestic Violence, Sexual Assault, Human
7    Trafficking, or Stalking Act.
8        (eee) Information prohibited from being disclosed
9    under subsection (b) of Section 75 of the Domestic
10    Violence Fatality Review Act.
11        (fff) Images from cameras under the Expressway Camera
12    Act. This subsection (fff) is inoperative on and after
13    July 1, 2023.
14        (ggg) Information prohibited from disclosure under
15    paragraph (3) of subsection (a) of Section 14 of the Nurse
16    Agency Licensing Act.
17        (hhh) Information submitted to the Illinois Department
18    of State Police in an affidavit or application for an
19    assault weapon endorsement, assault weapon attachment
20    endorsement, .50 caliber rifle endorsement, or .50 caliber
21    cartridge endorsement under the Firearm Owners
22    Identification Card Act.
23        (iii) Information that is exempt from disclosure under
24    the Public Official Privacy Act.
25(Source: P.A. 101-13, eff. 6-12-19; 101-27, eff. 6-25-19;
26101-81, eff. 7-12-19; 101-221, eff. 1-1-20; 101-236, eff.

 

 

HB3968- 17 -LRB103 30438 AWJ 56869 b

11-1-20; 101-375, eff. 8-16-19; 101-377, eff. 8-16-19; 101-452,
2eff. 1-1-20; 101-466, eff. 1-1-20; 101-600, eff. 12-6-19;
3101-620, eff 12-20-19; 101-649, eff. 7-7-20; 101-652, eff.
41-1-22; 101-656, eff. 3-23-21; 102-36, eff. 6-25-21; 102-237,
5eff. 1-1-22; 102-292, eff. 1-1-22; 102-520, eff. 8-20-21;
6102-559, eff. 8-20-21; 102-813, eff. 5-13-22; 102-946, eff.
77-1-22; 102-1042, eff. 6-3-22; 102-1116, eff. 1-10-23; revised
82-13-23.)
 
9    Section 105. The Election Code is amended by adding
10Section 10-10.3 as follows:
 
11    (10 ILCS 5/10-10.3 new)
12    Sec. 10-10.3. Removal of an official's address information
13from the certificate of nomination or nomination papers.
14    (a) As used in this Section, "home address" and "official"
15have the meanings given to those terms in Section 5 of the
16Public Official Privacy Act.
17    (b) Upon expiration of the period for filing an objection
18to an official's certificate of nomination or nomination
19papers, an official who is a candidate may file a written
20request with the State Board of Elections for redaction of the
21official's home address information from the official's
22certificate of nomination or nomination papers. After receipt
23of the official's written request, the State Board of
24Elections shall redact or cause redaction of the official's

 

 

HB3968- 18 -LRB103 30438 AWJ 56869 b

1home address from the official's certificate of nomination or
2nomination papers within 5 business days.
3    (c) Prior to expiration of the period for filing an
4objection to an official's certificate of nomination or
5nomination papers, the home address information from the
6certificate of nomination or nomination papers of an official
7who is a candidate is available for public inspection. After
8redaction of an official's home address information under
9subsection (b), the home address information is only available
10for an in camera inspection by a court reviewing an objection
11to the official's certificate of nomination or nomination
12papers.
 
13    Section 110. The Illinois Identification Card Act is
14amended by changing Sections 4 and 5 as follows:
 
15    (15 ILCS 335/4)  (from Ch. 124, par. 24)
16    Sec. 4. Identification card.
17    (a) The Secretary of State shall issue a standard Illinois
18Identification Card to any natural person who is a resident of
19the State of Illinois who applies for such card, or renewal
20thereof. No identification card shall be issued to any person
21who holds a valid foreign state identification card, license,
22or permit unless the person first surrenders to the Secretary
23of State the valid foreign state identification card, license,
24or permit. The card shall be prepared and supplied by the

 

 

HB3968- 19 -LRB103 30438 AWJ 56869 b

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, an official as
23defined in Section 5 of the Public Official Privacy Act, or a
24peace officer, the applicant may elect to have his or her
25office or work address listed on the card instead of the
26applicant's residence or mailing address. The Secretary may

 

 

HB3968- 20 -LRB103 30438 AWJ 56869 b

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

 

 

HB3968- 21 -LRB103 30438 AWJ 56869 b

1Corrections or Department of Juvenile Justice, if the released
2person presents a certified copy of his or her birth
3certificate, social security card or other documents
4authorized by the Secretary, and 2 documents proving his or
5her Illinois residence address. Documents proving residence
6address may include any official document of the Department of
7Corrections or the Department of Juvenile Justice showing the
8released person's address after release and a Secretary of
9State prescribed certificate of residency form, which may be
10executed by Department of Corrections or Department of
11Juvenile Justice personnel.
12    (a-25) The Secretary of State shall issue a limited-term
13Illinois Identification Card valid for 90 days to a committed
14person upon release on parole, mandatory supervised release,
15aftercare release, final discharge, or pardon from the
16Department of Corrections or Department of Juvenile Justice,
17if the released person is unable to present a certified copy of
18his or her birth certificate and social security card or other
19documents authorized by the Secretary, but does present a
20Secretary of State prescribed verification form completed by
21the Department of Corrections or Department of Juvenile
22Justice, verifying the released person's date of birth and
23social security number and 2 documents proving his or her
24Illinois residence address. The verification form must have
25been completed no more than 30 days prior to the date of
26application for the Illinois Identification Card. Documents

 

 

HB3968- 22 -LRB103 30438 AWJ 56869 b

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

 

 

HB3968- 23 -LRB103 30438 AWJ 56869 b

1document of the Department of Human Services showing the
2person's address after release and a Secretary of State
3prescribed verification form, which may be executed by
4personnel of the Department of Human Services.
5    (a-35) The Secretary of State shall issue a limited-term
6Illinois Identification Card valid for 90 days to a person
7upon conditional release or absolute discharge from the
8custody of the Department of Human Services, if the person is
9unable to present a certified copy of his or her birth
10certificate and social security card or other documents
11authorized by the Secretary, but does present a Secretary of
12State prescribed verification form completed by the Department
13of Human Services, verifying the person's date of birth and
14social security number, and a document proving his or her
15Illinois residence address. The verification form must have
16been completed no more than 30 days prior to the date of
17application for the Illinois Identification Card. The
18Secretary of State shall issue a limited-term Illinois
19Identification Card to a person no sooner than 14 days prior to
20his or her conditional release or absolute discharge if
21personnel from the Department of Human Services bring the
22person to a Secretary of State location with the required
23documents. Documents proving residence address shall include
24any official document of the Department of Human Services
25showing the person's address after release and a Secretary of
26State prescribed verification form, which may be executed by

 

 

HB3968- 24 -LRB103 30438 AWJ 56869 b

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

 

 

HB3968- 25 -LRB103 30438 AWJ 56869 b

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

 

 

HB3968- 26 -LRB103 30438 AWJ 56869 b

1the benefit of the person named on such card, and the person
2named on such card consents to such use at the time the card is
3so used.
4    An optometrist's determination of a visual disability
5under Section 4A of this Act is acceptable as documentation
6for the purpose of issuing an Illinois Person with a
7Disability Identification Card.
8    When medical information is contained on an Illinois
9Person with a Disability Identification Card, the Office of
10the Secretary of State shall not be liable for any actions
11taken based upon that medical information.
12    (c) The Secretary of State shall provide that each
13original or renewal Illinois Identification Card or Illinois
14Person with a Disability Identification Card issued to a
15person under the age of 21 shall be of a distinct nature from
16those Illinois Identification Cards or Illinois Person with a
17Disability Identification Cards issued to individuals 21 years
18of age or older. The color designated for Illinois
19Identification Cards or Illinois Person with a Disability
20Identification Cards for persons under the age of 21 shall be
21at the discretion of the Secretary of State.
22    (c-1) Each original or renewal Illinois Identification
23Card or Illinois Person with a Disability Identification Card
24issued to a person under the age of 21 shall display the date
25upon which the person becomes 18 years of age and the date upon
26which the person becomes 21 years of age.

 

 

HB3968- 27 -LRB103 30438 AWJ 56869 b

1    (c-3) The General Assembly recognizes the need to identify
2military veterans living in this State for the purpose of
3ensuring that they receive all of the services and benefits to
4which they are legally entitled, including healthcare,
5education assistance, and job placement. To assist the State
6in identifying these veterans and delivering these vital
7services and benefits, the Secretary of State is authorized to
8issue Illinois Identification Cards and Illinois Person with a
9Disability Identification Cards with the word "veteran"
10appearing on the face of the cards. This authorization is
11predicated on the unique status of veterans. The Secretary may
12not issue any other identification card which identifies an
13occupation, status, affiliation, hobby, or other unique
14characteristics of the identification card holder which is
15unrelated to the purpose of the identification card.
16    (c-5) Beginning on or before July 1, 2015, the Secretary
17of State shall designate a space on each original or renewal
18identification card where, at the request of the applicant,
19the word "veteran" shall be placed. The veteran designation
20shall be available to a person identified as a veteran under
21subsection (b) of Section 5 of this Act who was discharged or
22separated under honorable conditions.
23    (d) The Secretary of State may issue a Senior Citizen
24discount card, to any natural person who is a resident of the
25State of Illinois who is 60 years of age or older and who
26applies for such a card or renewal thereof. The Secretary of

 

 

HB3968- 28 -LRB103 30438 AWJ 56869 b

1State shall charge no fee to issue such card. The card shall be
2issued in every county and applications shall be made
3available at, but not limited to, nutrition sites, senior
4citizen centers and Area Agencies on Aging. The applicant,
5upon receipt of such card and prior to its use for any purpose,
6shall have affixed thereon in the space provided therefor his
7signature or mark.
8    (e) The Secretary of State, in his or her discretion, may
9designate on each Illinois Identification Card or Illinois
10Person with a Disability Identification Card a space where the
11card holder may place a sticker or decal, issued by the
12Secretary of State, of uniform size as the Secretary may
13specify, that shall indicate in appropriate language that the
14card holder has renewed his or her Illinois Identification
15Card or Illinois Person with a Disability Identification Card.
16(Source: P.A. 102-299, eff. 8-6-21.)
 
17    (15 ILCS 335/5)  (from Ch. 124, par. 25)
18    Sec. 5. Applications.
19    (a) Any natural person who is a resident of the State of
20Illinois may file an application for an identification card,
21or for the renewal thereof, in a manner prescribed by the
22Secretary. Each original application shall be completed by the
23applicant in full and shall set forth the legal name,
24residence address and zip code, social security number, birth
25date, sex and a brief description of the applicant. The

 

 

HB3968- 29 -LRB103 30438 AWJ 56869 b

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

 

 

HB3968- 30 -LRB103 30438 AWJ 56869 b

1State, whether that duty extends to all violations or is
2limited to specific violations.
3    (a-5) Upon the first issuance of a request for proposals
4for a digital driver's license and identification card
5issuance and facial recognition system issued after January 1,
62020 (the effective date of Public Act 101-513), and upon
7implementation of a new or revised system procured pursuant to
8that request for proposals, the Secretary shall permit
9applicants to choose between "male", "female", or "non-binary"
10when designating the applicant's sex on the identification
11card application form. The sex designated by the applicant
12shall be displayed on the identification card issued to the
13applicant.
14    (b) Beginning on or before July 1, 2015, for each original
15or renewal identification card application under this Act, the
16Secretary shall inquire as to whether the applicant is a
17veteran for purposes of issuing an identification card with a
18veteran designation under subsection (c-5) of Section 4 of
19this Act. The acceptable forms of proof shall include, but are
20not limited to, Department of Defense form DD-214, Department
21of Defense form DD-256 for applicants who did not receive a
22form DD-214 upon the completion of initial basic training,
23Department of Defense form DD-2 (Retired), an identification
24card issued under the federal Veterans Identification Card Act
25of 2015, or a United States Department of Veterans Affairs
26summary of benefits letter. If the document cannot be stamped,

 

 

HB3968- 31 -LRB103 30438 AWJ 56869 b

1the Illinois Department of Veterans' Affairs shall provide a
2certificate to the veteran to provide to the Secretary of
3State. The Illinois Department of Veterans' Affairs shall
4advise the Secretary as to what other forms of proof of a
5person's status as a veteran are acceptable.
6    For each applicant who is issued an identification card
7with a veteran designation, the Secretary shall provide the
8Department of Veterans' Affairs with the applicant's name,
9address, date of birth, gender, and such other demographic
10information as agreed to by the Secretary and the Department.
11The Department may take steps necessary to confirm the
12applicant is a veteran. If after due diligence, including
13writing to the applicant at the address provided by the
14Secretary, the Department is unable to verify the applicant's
15veteran status, the Department shall inform the Secretary, who
16shall notify the applicant that he or she must confirm status
17as a veteran, or the identification card will be cancelled.
18    For purposes of this subsection (b):
19    "Armed forces" means any of the Armed Forces of the United
20States, including a member of any reserve component or
21National Guard unit.
22    "Veteran" means a person who has served in the armed
23forces and was discharged or separated under honorable
24conditions.
25    (c) All applicants for REAL ID compliant standard Illinois
26Identification Cards and Illinois Person with a Disability

 

 

HB3968- 32 -LRB103 30438 AWJ 56869 b

1Identification Cards shall provide proof of lawful status in
2the United States as defined in 6 CFR 37.3, as amended.
3Applicants who are unable to provide the Secretary with proof
4of lawful status are ineligible for REAL ID compliant
5identification cards under this Act.
6(Source: P.A. 101-106, eff. 1-1-20; 101-287, eff. 8-9-19;
7101-513, eff. 1-1-20; 102-558, eff. 8-20-21.)
 
8    Section 115. The Illinois Vehicle Code is amended by
9changing Sections 3-405, 6-106, and 6-110 as follows:
 
10    (625 ILCS 5/3-405)  (from Ch. 95 1/2, par. 3-405)
11    (Text of Section before amendment by P.A. 102-1069)
12    Sec. 3-405. Application for registration.
13    (a) Every owner of a vehicle subject to registration under
14this Code shall make application to the Secretary of State for
15the registration of such vehicle upon the appropriate form or
16forms furnished by the Secretary. Every such application shall
17bear the signature of the owner written with pen and ink and
18contain:
19        1. The name, domicile address, as defined in Section
20    1-115.5 of this Code, (except as otherwise provided in
21    this paragraph 1), mail address of the owner or business
22    address of the owner if a firm, association, or
23    corporation, and, if available, email address of the
24    owner. If the mailing address is a post office box number,

 

 

HB3968- 33 -LRB103 30438 AWJ 56869 b

1    the address listed on the driver license record may be
2    used to verify residence. A police officer, a deputy
3    sheriff, an elected sheriff, a law enforcement officer for
4    the Illinois State Police, a fire investigator, a state's
5    attorney, an assistant state's attorney, a state's
6    attorney special investigator, an official, or a judicial
7    officer may elect to furnish the address of the
8    headquarters of the governmental entity, police district,
9    or business address where he or she works instead of his or
10    her domicile address, in which case that address shall be
11    deemed to be his or her domicile address for all purposes
12    under this Chapter 3. The spouse and children of a person
13    who may elect under this paragraph 1 to furnish the
14    address of the headquarters of the government entity,
15    police district, or business address where the person
16    works instead of the person's domicile address may, if
17    they reside with that person, also elect to furnish the
18    address of the headquarters of the government entity,
19    police district, or business address where the person
20    works as their domicile address, in which case that
21    address shall be deemed to be their domicile address for
22    all purposes under this Chapter 3. In this paragraph 1:
23    (A) "police officer" has the meaning ascribed to
24    "policeman" in Section 10-3-1 of the Illinois Municipal
25    Code; (B) "deputy sheriff" means a deputy sheriff
26    appointed under Section 3-6008 of the Counties Code; (C)

 

 

HB3968- 34 -LRB103 30438 AWJ 56869 b

1    "elected sheriff" means a sheriff commissioned pursuant to
2    Section 3-6001 of the Counties Code; (D) "fire
3    investigator" means a person classified as a peace officer
4    under the Peace Officer Fire Investigation Act; (E)
5    "state's attorney", "assistant state's attorney", and
6    "state's attorney special investigator" mean a state's
7    attorney, assistant state's attorney, and state's attorney
8    special investigator commissioned or appointed under
9    Division 3-9 of the Counties Code; and (F) "judicial
10    officer" has the meaning ascribed to it in Section 1-10 of
11    the Judicial Privacy Act; and (G) "official" has the
12    meaning ascribed to it in Section 5 of the Public Official
13    Privacy Act.
14        2. A description of the vehicle, including such
15    information as is required in an application for a
16    certificate of title, determined under such standard
17    rating as may be prescribed by the Secretary.
18        3. (Blank).
19        4. Such further information as may reasonably be
20    required by the Secretary to enable him to determine
21    whether the vehicle is lawfully entitled to registration
22    and the owner entitled to a certificate of title.
23        5. An affirmation by the applicant that all
24    information set forth is true and correct. If the
25    application is for the registration of a motor vehicle,
26    the applicant also shall affirm that the motor vehicle is

 

 

HB3968- 35 -LRB103 30438 AWJ 56869 b

1    insured as required by this Code, that such insurance will
2    be maintained throughout the period for which the motor
3    vehicle shall be registered, and that neither the owner,
4    nor any person operating the motor vehicle with the
5    owner's permission, shall operate the motor vehicle unless
6    the required insurance is in effect. If the person signing
7    the affirmation is not the sole owner of the vehicle, such
8    person shall be deemed to have affirmed on behalf of all
9    the owners of the vehicle. If the person signing the
10    affirmation is not an owner of the vehicle, such person
11    shall be deemed to have affirmed on behalf of the owner or
12    owners of the vehicle. The lack of signature on the
13    application shall not in any manner exempt the owner or
14    owners from any provisions, requirements or penalties of
15    this Code.
16    (b) When such application refers to a new vehicle
17purchased from a dealer the application shall be accompanied
18by a Manufacturer's Statement of Origin from the dealer, and a
19statement showing any lien retained by the dealer.
20(Source: P.A. 102-538, eff. 8-20-21.)
 
21    (Text of Section after amendment by P.A. 102-1069)
22    Sec. 3-405. Application for registration.
23    (a) Every owner of a vehicle subject to registration under
24this Code shall make application to the Secretary of State for
25the registration of such vehicle upon the appropriate form or

 

 

HB3968- 36 -LRB103 30438 AWJ 56869 b

1forms furnished by the Secretary. Every such original
2application shall bear the signature of the owner written with
3pen and ink and contain:
4        1. The name, domicile address, as defined in Section
5    1-115.5 of this Code, (except as otherwise provided in
6    this paragraph 1), mail address of the owner or business
7    address of the owner if a firm, association, or
8    corporation, and, if available, email address of the
9    owner. If the mailing address is a post office box number,
10    the address listed on the driver license record may be
11    used to verify residence. A police officer, a deputy
12    sheriff, an elected sheriff, a law enforcement officer for
13    the Illinois State Police, a fire investigator, a state's
14    attorney, an assistant state's attorney, a state's
15    attorney special investigator, an official, or a judicial
16    officer may elect to furnish the address of the
17    headquarters of the governmental entity, police district,
18    or business address where he or she works instead of his or
19    her domicile address, in which case that address shall be
20    deemed to be his or her domicile address for all purposes
21    under this Chapter 3. The spouse and children of a person
22    who may elect under this paragraph 1 to furnish the
23    address of the headquarters of the government entity,
24    police district, or business address where the person
25    works instead of the person's domicile address may, if
26    they reside with that person, also elect to furnish the

 

 

HB3968- 37 -LRB103 30438 AWJ 56869 b

1    address of the headquarters of the government entity,
2    police district, or business address where the person
3    works as their domicile address, in which case that
4    address shall be deemed to be their domicile address for
5    all purposes under this Chapter 3. In this paragraph 1:
6    (A) "police officer" has the meaning ascribed to
7    "policeman" in Section 10-3-1 of the Illinois Municipal
8    Code; (B) "deputy sheriff" means a deputy sheriff
9    appointed under Section 3-6008 of the Counties Code; (C)
10    "elected sheriff" means a sheriff commissioned pursuant to
11    Section 3-6001 of the Counties Code; (D) "fire
12    investigator" means a person classified as a peace officer
13    under the Peace Officer Fire Investigation Act; (E)
14    "state's attorney", "assistant state's attorney", and
15    "state's attorney special investigator" mean a state's
16    attorney, assistant state's attorney, and state's attorney
17    special investigator commissioned or appointed under
18    Division 3-9 of the Counties Code; and (F) "judicial
19    officer" has the meaning ascribed to it in Section 1-10 of
20    the Judicial Privacy Act; and (G) "official" has the
21    meaning ascribed to it in Section 5 of the Public Official
22    Privacy Act.
23        2. A description of the vehicle, including such
24    information as is required in an application for a
25    certificate of title, determined under such standard
26    rating as may be prescribed by the Secretary.

 

 

HB3968- 38 -LRB103 30438 AWJ 56869 b

1        3. (Blank).
2        3.5. A space for a voluntary disclosure of a condition
3    that impedes effective communication under Section
4    3-405.5.
5        4. Such further information as may reasonably be
6    required by the Secretary to enable him to determine
7    whether the vehicle is lawfully entitled to registration
8    and the owner entitled to a certificate of title.
9        5. An affirmation by the applicant that all
10    information set forth is true and correct. If the
11    application is for the registration of a motor vehicle,
12    the applicant also shall affirm that the motor vehicle is
13    insured as required by this Code, that such insurance will
14    be maintained throughout the period for which the motor
15    vehicle shall be registered, and that neither the owner,
16    nor any person operating the motor vehicle with the
17    owner's permission, shall operate the motor vehicle unless
18    the required insurance is in effect. If the person signing
19    the affirmation is not the sole owner of the vehicle, such
20    person shall be deemed to have affirmed on behalf of all
21    the owners of the vehicle. If the person signing the
22    affirmation is not an owner of the vehicle, such person
23    shall be deemed to have affirmed on behalf of the owner or
24    owners of the vehicle. The lack of signature on the
25    application shall not in any manner exempt the owner or
26    owners from any provisions, requirements or penalties of

 

 

HB3968- 39 -LRB103 30438 AWJ 56869 b

1    this Code.
2    (b) When such application refers to a new vehicle
3purchased from a dealer the application shall be accompanied
4by a Manufacturer's Statement of Origin from the dealer, and a
5statement showing any lien retained by the dealer.
6(Source: P.A. 102-538, eff. 8-20-21; 102-1069, eff. 7-1-23.)
 
7    (625 ILCS 5/6-106)  (from Ch. 95 1/2, par. 6-106)
8    Sec. 6-106. Application for license or instruction permit.
9    (a) Every application for any permit or license authorized
10to be issued under this Code shall be made upon a form
11furnished by the Secretary of State. Every application shall
12be accompanied by the proper fee and payment of such fee shall
13entitle the applicant to not more than 3 attempts to pass the
14examination within a period of one year after the date of
15application.
16    (b) Every application shall state the legal name, social
17security number, zip code, date of birth, sex, and residence
18address of the applicant; briefly describe the applicant;
19state whether the applicant has theretofore been licensed as a
20driver, and, if so, when and by what state or country, and
21whether any such license has ever been cancelled, suspended,
22revoked or refused, and, if so, the date and reason for such
23cancellation, suspension, revocation or refusal; shall include
24an affirmation by the applicant that all information set forth
25is true and correct; and shall bear the applicant's signature.

 

 

HB3968- 40 -LRB103 30438 AWJ 56869 b

1In addition to the residence address, the Secretary may allow
2the applicant to provide a mailing address. In the case of an
3applicant who is a judicial officer, official, or peace
4officer, the Secretary may allow the applicant to provide an
5office or work address in lieu of a residence or mailing
6address. The application form may also require the statement
7of such additional relevant information as the Secretary of
8State shall deem necessary to determine the applicant's
9competency and eligibility. The Secretary of State may, in his
10discretion, by rule or regulation, provide that an application
11for a drivers license or permit may include a suitable
12photograph of the applicant in the form prescribed by the
13Secretary, and he may further provide that each drivers
14license shall include a photograph of the driver. The
15Secretary of State may utilize a photograph process or system
16most suitable to deter alteration or improper reproduction of
17a drivers license and to prevent substitution of another photo
18thereon. For the purposes of this subsection (b): ,
19    "Official" has the meaning ascribed to it in Section 5 of
20the Public Official Privacy Act.
21    "Peace peace officer" means any person who by virtue of
22his or her office or public employment is vested by law with a
23duty to maintain public order or to make arrests for a
24violation of any penal statute of this State, whether that
25duty extends to all violations or is limited to specific
26violations.

 

 

HB3968- 41 -LRB103 30438 AWJ 56869 b

1    (b-3) Upon the first issuance of a request for proposals
2for a digital driver's license and identification card
3issuance and facial recognition system issued after January 1,
42020 (the effective date of Public Act 101-513), and upon
5implementation of a new or revised system procured pursuant to
6that request for proposals, the Secretary shall permit
7applicants to choose between "male", "female" or "non-binary"
8when designating the applicant's sex on the driver's license
9application form. The sex designated by the applicant shall be
10displayed on the driver's license issued to the applicant.
11    (b-5) Every applicant for a REAL ID compliant driver's
12license or permit shall provide proof of lawful status in the
13United States as defined in 6 CFR 37.3, as amended. Applicants
14who are unable to provide the Secretary with proof of lawful
15status may apply for a driver's license or permit under
16Section 6-105.1 of this Code.
17    (c) The application form shall include a notice to the
18applicant of the registration obligations of sex offenders
19under the Sex Offender Registration Act. The notice shall be
20provided in a form and manner prescribed by the Secretary of
21State. For purposes of this subsection (c), "sex offender" has
22the meaning ascribed to it in Section 2 of the Sex Offender
23Registration Act.
24    (d) Any male United States citizen or immigrant who
25applies for any permit or license authorized to be issued
26under this Code or for a renewal of any permit or license, and

 

 

HB3968- 42 -LRB103 30438 AWJ 56869 b

1who is at least 18 years of age but less than 26 years of age,
2must be registered in compliance with the requirements of the
3federal Military Selective Service Act. The Secretary of State
4must forward in an electronic format the necessary personal
5information regarding the applicants identified in this
6subsection (d) to the Selective Service System. The
7applicant's signature on the application serves as an
8indication that the applicant either has already registered
9with the Selective Service System or that he is authorizing
10the Secretary to forward to the Selective Service System the
11necessary information for registration. The Secretary must
12notify the applicant at the time of application that his
13signature constitutes consent to registration with the
14Selective Service System, if he is not already registered.
15    (e) Beginning on or before July 1, 2015, for each original
16or renewal driver's license application under this Code, the
17Secretary shall inquire as to whether the applicant is a
18veteran for purposes of issuing a driver's license with a
19veteran designation under subsection (e-5) of Section 6-110 of
20this Code. The acceptable forms of proof shall include, but
21are not limited to, Department of Defense form DD-214,
22Department of Defense form DD-256 for applicants who did not
23receive a form DD-214 upon the completion of initial basic
24training, Department of Defense form DD-2 (Retired), an
25identification card issued under the federal Veterans
26Identification Card Act of 2015, or a United States Department

 

 

HB3968- 43 -LRB103 30438 AWJ 56869 b

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

 

 

HB3968- 44 -LRB103 30438 AWJ 56869 b

1(Source: P.A. 101-106, eff. 1-1-20; 101-287, eff. 8-9-19;
2101-513, eff. 1-1-20; 102-558, eff. 8-20-21.)
 
3    (625 ILCS 5/6-110)  (from Ch. 95 1/2, par. 6-110)
4    Sec. 6-110. Licenses issued to drivers.
5    (a) The Secretary of State shall issue to every qualifying
6applicant a driver's license as applied for, which license
7shall bear a distinguishing number assigned to the licensee,
8the legal name, signature, zip code, date of birth, residence
9address, and a brief description of the licensee.
10    Licenses issued shall also indicate the classification and
11the restrictions under Section 6-104 of this Code. The
12Secretary may adopt rules to establish informational
13restrictions that can be placed on the driver's license
14regarding specific conditions of the licensee.
15    A driver's license issued may, in the discretion of the
16Secretary, include a suitable photograph of a type prescribed
17by the Secretary.
18    (a-1) If the licensee is less than 18 years of age, unless
19one of the exceptions in subsection (a-2) apply, the license
20shall, as a matter of law, be invalid for the operation of any
21motor vehicle during the following times:
22        (A) Between 11:00 p.m. Friday and 6:00 a.m. Saturday;
23        (B) Between 11:00 p.m. Saturday and 6:00 a.m. on
24    Sunday; and
25        (C) Between 10:00 p.m. on Sunday to Thursday,

 

 

HB3968- 45 -LRB103 30438 AWJ 56869 b

1    inclusive, and 6:00 a.m. on the following day.
2    (a-2) The driver's license of a person under the age of 18
3shall not be invalid as described in subsection (a-1) of this
4Section if the licensee under the age of 18 was:
5        (1) accompanied by the licensee's parent or guardian
6    or other person in custody or control of the minor;
7        (2) on an errand at the direction of the minor's
8    parent or guardian, without any detour or stop;
9        (3) in a motor vehicle involved in interstate travel;
10        (4) going to or returning home from an employment
11    activity, without any detour or stop;
12        (5) involved in an emergency;
13        (6) going to or returning home from, without any
14    detour or stop, an official school, religious, or other
15    recreational activity supervised by adults and sponsored
16    by a government or governmental agency, a civic
17    organization, or another similar entity that takes
18    responsibility for the licensee, without any detour or
19    stop;
20        (7) exercising First Amendment rights protected by the
21    United States Constitution, such as the free exercise of
22    religion, freedom of speech, and the right of assembly; or
23        (8) married or had been married or is an emancipated
24    minor under the Emancipation of Minors Act.
25    (a-2.5) The driver's license of a person who is 17 years of
26age and has been licensed for at least 12 months is not invalid

 

 

HB3968- 46 -LRB103 30438 AWJ 56869 b

1as described in subsection (a-1) of this Section while the
2licensee is participating as an assigned driver in a Safe
3Rides program that meets the following criteria:
4        (1) the program is sponsored by the Boy Scouts of
5    America or another national public service organization;
6    and
7        (2) the sponsoring organization carries liability
8    insurance covering the program.
9    (a-3) If a graduated driver's license holder over the age
10of 18 committed an offense against traffic regulations
11governing the movement of vehicles or any violation of Section
126-107 or Section 12-603.1 of this Code in the 6 months prior to
13the graduated driver's license holder's 18th birthday, and was
14subsequently convicted of the offense, the provisions of
15subsection (a-1) shall continue to apply until such time as a
16period of 6 consecutive months has elapsed without an
17additional violation and subsequent conviction of an offense
18against traffic regulations governing the movement of vehicles
19or Section 6-107 or Section 12-603.1 of this Code.
20    (a-4) If an applicant for a driver's license or
21instruction permit has a current identification card issued by
22the Secretary of State, the Secretary may require the
23applicant to utilize the same residence address and name on
24the identification card, driver's license, and instruction
25permit records maintained by the Secretary. The Secretary may
26promulgate rules to implement this provision.

 

 

HB3968- 47 -LRB103 30438 AWJ 56869 b

1    (a-5) If an applicant for a driver's license is a judicial
2officer, an official, or a peace officer, the applicant may
3elect to have his or her office or work address listed on the
4license instead of the applicant's residence or mailing
5address. The Secretary of State shall adopt rules to implement
6this subsection (a-5). For the purposes of this subsection
7(a-5): ,
8    "Official" has the meaning ascribed to it in Section 5 of
9the Public Official Privacy Act.
10    "Peace peace officer" means any person who by virtue of
11his or her office or public employment is vested by law with a
12duty to maintain public order or to make arrests for a
13violation of any penal statute of this State, whether that
14duty extends to all violations or is limited to specific
15violations.
16    (b) Until the Secretary of State establishes a First
17Person Consent organ and tissue donor registry under Section
186-117 of this Code, the Secretary of State shall provide a
19format on the reverse of each driver's license issued which
20the licensee may use to execute a document of gift conforming
21to the provisions of the Illinois Anatomical Gift Act. The
22format shall allow the licensee to indicate the gift intended,
23whether specific organs, any organ, or the entire body, and
24shall accommodate the signatures of the donor and 2 witnesses.
25The Secretary shall also inform each applicant or licensee of
26this format, describe the procedure for its execution, and may

 

 

HB3968- 48 -LRB103 30438 AWJ 56869 b

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

 

 

HB3968- 49 -LRB103 30438 AWJ 56869 b

1original or renewal driver's license issued to a licensee
2under 21 years of age shall be of a distinct nature from those
3driver's licenses issued to individuals 21 years of age and
4older. The color designated for driver's licenses for
5licensees under 21 years of age shall be at the discretion of
6the Secretary of State.
7    (e-1) The Secretary shall provide that each driver's
8license issued to a person under the age of 21 displays the
9date upon which the person becomes 18 years of age and the date
10upon which the person becomes 21 years of age.
11    (e-3) The General Assembly recognizes the need to identify
12military veterans living in this State for the purpose of
13ensuring that they receive all of the services and benefits to
14which they are legally entitled, including healthcare,
15education assistance, and job placement. To assist the State
16in identifying these veterans and delivering these vital
17services and benefits, the Secretary of State is authorized to
18issue drivers' licenses with the word "veteran" appearing on
19the face of the licenses. This authorization is predicated on
20the unique status of veterans. The Secretary may not issue any
21other driver's license which identifies an occupation, status,
22affiliation, hobby, or other unique characteristics of the
23license holder which is unrelated to the purpose of the
24driver's license.
25    (e-5) Beginning on or before July 1, 2015, the Secretary
26of State shall designate a space on each original or renewal

 

 

HB3968- 50 -LRB103 30438 AWJ 56869 b

1driver's license where, at the request of the applicant, the
2word "veteran" shall be placed. The veteran designation shall
3be available to a person identified as a veteran under
4subsection (e) of Section 6-106 of this Code who was
5discharged or separated under honorable conditions.
6    (f) The Secretary of State shall inform all Illinois
7licensed commercial motor vehicle operators of the
8requirements of the Uniform Commercial Driver License Act,
9Article V of this Chapter, and shall make provisions to insure
10that all drivers, seeking to obtain a commercial driver's
11license, be afforded an opportunity prior to April 1, 1992, to
12obtain the license. The Secretary is authorized to extend
13driver's license expiration dates, and assign specific times,
14dates and locations where these commercial driver's tests
15shall be conducted. Any applicant, regardless of the current
16expiration date of the applicant's driver's license, may be
17subject to any assignment by the Secretary. Failure to comply
18with the Secretary's assignment may result in the applicant's
19forfeiture of an opportunity to receive a commercial driver's
20license prior to April 1, 1992.
21    (g) The Secretary of State shall designate on a driver's
22license issued, a space where the licensee may indicate that
23he or she has drafted a living will in accordance with the
24Illinois Living Will Act or a durable power of attorney for
25health care in accordance with the Illinois Power of Attorney
26Act.

 

 

HB3968- 51 -LRB103 30438 AWJ 56869 b

1    (g-1) The Secretary of State, in his or her discretion,
2may designate on each driver's license issued a space where
3the licensee 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
6owner of the license has renewed his or her driver's license.
7    (h) A person who acts in good faith in accordance with the
8terms of this Section is not liable for damages in any civil
9action or subject to prosecution in any criminal proceeding
10for his or her act.
11(Source: P.A. 97-263, eff. 8-5-11; 97-739, eff. 1-1-13;
1297-847, eff. 1-1-13; 97-1127, eff. 1-1-13; 98-323, eff.
131-1-14; 98-463, eff. 8-16-13.)
 
14    Section 995. No acceleration or delay. Where this Act
15makes changes in a statute that is represented in this Act by
16text that is not yet or no longer in effect (for example, a
17Section represented by multiple versions), the use of that
18text does not accelerate or delay the taking effect of (i) the
19changes made by this Act or (ii) provisions derived from any
20other Public Act.
 
21    Section 999. Effective date. This Act takes effect upon
22becoming law.