| ||||
| Public Act 101-0106 | ||||
| ||||
| ||||
AN ACT concerning State government.
| ||||
Be it enacted by the People of the State of Illinois,
| ||||
represented in the General Assembly:
| ||||
Section 5. The Illinois Identification Card Act is amended | ||||
by changing Section 5 as follows: | ||||
(15 ILCS 335/5) (from Ch. 124, par. 25)
| ||||
Sec. 5. Applications. | ||||
(a) Any natural person who is a resident of the
State of | ||||
Illinois may file an application for an identification card, or | ||||
for
the renewal thereof, in a manner prescribed by the | ||||
Secretary. Each original application
shall be completed by the | ||||
applicant in full and shall set forth the legal
name,
residence | ||||
address and zip code, social security number, birth date, sex | ||||
and
a brief
description of the applicant. The applicant shall | ||||
be photographed, unless the Secretary of State has provided by | ||||
rule for the issuance of identification cards without | ||||
photographs and the applicant is deemed eligible for an | ||||
identification card without a photograph under the terms and | ||||
conditions imposed by the Secretary of State, and he
or she | ||||
shall also submit any other information as the Secretary may | ||||
deem necessary
or such documentation as the Secretary may | ||||
require to determine the
identity of the applicant. In addition | ||||
to the residence address, the Secretary may allow the applicant | ||||
to provide a mailing address. If the applicant is a judicial | ||
officer as defined in Section 1-10 of the Judicial Privacy Act | ||
or a peace officer, the applicant may elect to have his or her | ||
office or work address in lieu of the applicant's residence or | ||
mailing address. An applicant for an Illinois Person with a | ||
Disability Identification Card must
also submit with each | ||
original or renewal application, on forms prescribed
by the | ||
Secretary, such documentation as the Secretary may require,
| ||
establishing that the applicant is a "person with a disability" | ||
as defined in
Section 4A of this Act, and setting forth the | ||
applicant's type and class of
disability as set forth in | ||
Section 4A of this Act.
For the purposes of this subsection | ||
(a), "peace officer" means any person who by virtue of his or | ||
her office or public employment is vested by law with a duty to | ||
maintain public order or to make arrests for a violation of any | ||
penal statute of this State, whether that duty extends to all | ||
violations or is limited to specific violations.
| ||
(b) Beginning on or before July 1, 2015, for each original | ||
or renewal identification card application under this Act, the | ||
Secretary shall inquire as to whether the applicant is a | ||
veteran for purposes of issuing an identification card with a | ||
veteran designation under subsection (c-5) of Section 4 of this | ||
Act. The acceptable forms of proof shall include, but are not | ||
limited to, Department of Defense form DD-214, Department of | ||
Defense form DD-2 (Retired), or an identification card issued | ||
under the federal Veterans Identification Card Act of 2015, or | ||
a United States Department of Veterans Affairs summary of | ||
benefits letter. If the document cannot be stamped, the | ||
Illinois Department of Veterans' Affairs shall provide a | ||
certificate to the veteran to provide to the Secretary of | ||
State. The Illinois Department of Veterans' Affairs shall | ||
advise the Secretary as to what other forms of proof of a | ||
person's status as a veteran are acceptable. | ||
The Illinois Department of Veterans' Affairs shall confirm | ||
the status of the applicant as an honorably discharged veteran | ||
before the Secretary may issue the identification card. | ||
For each applicant who is issued an identification card | ||
with a veteran designation, the Secretary shall provide the | ||
Department of Veterans' Affairs with the applicant's name, | ||
address, date of birth, gender, and such other demographic | ||
information as agreed to by the Secretary and the Department. | ||
The Department may take steps necessary to confirm the | ||
applicant is a veteran. If after due diligence, including | ||
writing to the applicant at the address provided by the | ||
Secretary, the Department is unable to verify the applicant's | ||
veteran status, the Department shall inform the Secretary, who | ||
shall notify the applicant that he or she must confirm status | ||
as a veteran, or the identification card will be cancelled. | ||
For purposes of this subsection (b): | ||
"Armed forces" means any of the Armed Forces of the United | ||
States, including a member of any reserve component or National | ||
Guard unit. | ||
"Veteran" means a person who has served in the armed forces | ||
and was discharged or separated under honorable conditions. | ||
(c) All applicants for REAL ID compliant standard Illinois | ||
Identification Cards and Illinois Person with a Disability | ||
Identification Cards shall provide proof of lawful status in | ||
the United States as defined in 6 CFR 37.3, as amended. | ||
Applicants who are unable to provide the Secretary with proof | ||
of lawful status are ineligible for REAL ID compliant | ||
identification cards under this Act. | ||
(Source: P.A. 99-511, eff. 1-1-17; 99-544, eff. 7-15-16; | ||
100-201, eff. 8-18-17; 100-248, eff. 8-22-17; 100-811, eff. | ||
1-1-19.)
| ||
Section 10. The Illinois Vehicle Code is amended by | ||
changing Section 6-106 as follows:
| ||
(625 ILCS 5/6-106) (from Ch. 95 1/2, par. 6-106)
| ||
Sec. 6-106. Application for license or instruction permit.
| ||
(a) Every application for any permit or license authorized | ||
to be issued
under this Code shall be made upon a form | ||
furnished by the Secretary of
State. Every application shall be | ||
accompanied by the proper fee and payment
of such fee shall | ||
entitle the applicant to not more than 3 attempts to pass
the | ||
examination within a period of one year after the date of | ||
application.
| ||
(b) Every application shall state the legal name, social | ||
security
number, zip
code, date of birth, sex, and residence | ||
address of the applicant; briefly
describe the applicant; state | ||
whether the applicant has theretofore been
licensed as a | ||
driver, and, if so, when and by what state or country, and
| ||
whether any such license has ever been cancelled, suspended, | ||
revoked or
refused, and, if so, the date and reason for such | ||
cancellation, suspension,
revocation or refusal; shall include | ||
an affirmation by the applicant that
all information set forth | ||
is true and correct; and shall bear the
applicant's signature. | ||
In addition to the residence address, the Secretary may allow | ||
the applicant to provide a mailing address. In the case of an | ||
applicant who is a judicial officer or peace officer, the | ||
Secretary may allow the applicant to provide an office or work | ||
address in lieu of a residence or mailing address. The | ||
application form may
also require the statement of such | ||
additional relevant information as the
Secretary of State shall | ||
deem necessary to determine the applicant's
competency and | ||
eligibility. The Secretary of State may, in his
discretion, by | ||
rule or regulation, provide that an application for a
drivers | ||
license or permit may include a suitable photograph of the
| ||
applicant in the
form prescribed by the Secretary, and he may | ||
further provide that each
drivers license shall include a | ||
photograph of the driver. The Secretary of
State may utilize a | ||
photograph process or system most suitable to deter
alteration | ||
or improper reproduction of a drivers license and to prevent
| ||
substitution of another photo thereon.
For the purposes of this | ||
subsection (b), "peace officer" means any person who by virtue | ||
of his or her office or public employment is vested by law with | ||
a duty to maintain public order or to make arrests for a | ||
violation of any penal statute of this State, whether that duty | ||
extends to all violations or is limited to specific violations.
| ||
(b-5) Every applicant for a REAL ID compliant driver's | ||
license or permit shall provide proof of lawful status in the | ||
United States as defined in 6 CFR 37.3, as amended. Applicants | ||
who are unable to provide the Secretary with proof of lawful | ||
status may apply for a driver's license or permit under Section | ||
6-105.1 of this Code. | ||
(c) The application form shall include a notice to the | ||
applicant of the
registration obligations of sex offenders | ||
under the Sex Offender Registration
Act. The notice shall be | ||
provided in a form and manner prescribed by the
Secretary of | ||
State. For purposes of this subsection (c), "sex offender" has
| ||
the meaning ascribed to it in Section 2 of the Sex Offender | ||
Registration Act.
| ||
(d) Any male United States citizen or immigrant who applies | ||
for any
permit or
license authorized to be issued under this | ||
Code or for a renewal of any permit
or
license,
and who is at | ||
least 18 years of age but less than 26 years of age, must be
| ||
registered in compliance with the requirements of the federal | ||
Military
Selective
Service Act.
The Secretary of State must | ||
forward in an electronic format the necessary
personal | ||
information regarding the applicants identified in this | ||
subsection (d)
to
the Selective Service System. The applicant's | ||
signature on the application
serves
as an indication that the | ||
applicant either has already registered with the
Selective
| ||
Service System or that he is authorizing the Secretary to | ||
forward to the
Selective
Service System the necessary | ||
information for registration. The Secretary must
notify the | ||
applicant at the time of application that his signature | ||
constitutes
consent to registration with the Selective Service | ||
System, if he is not already
registered.
| ||
(e) Beginning on or before July 1, 2015, for each original | ||
or renewal driver's license application under this Code, the | ||
Secretary shall inquire as to whether the applicant is a | ||
veteran for purposes of issuing a driver's license with a | ||
veteran designation under subsection (e-5) of Section 6-110 of | ||
this Code. The acceptable forms of proof shall include, but are | ||
not limited to, Department of Defense form DD-214, Department | ||
of Defense form DD-2 (Retired), or an identification card | ||
issued under the federal Veterans Identification Card Act of | ||
2015, or a United States Department of Veterans Affairs summary | ||
of benefits letter. If the document cannot be stamped, the | ||
Illinois Department of Veterans' Affairs shall provide a | ||
certificate to the veteran to provide to the Secretary of | ||
State. The Illinois Department of Veterans' Affairs shall | ||
advise the Secretary as to what other forms of proof of a | ||
person's status as a veteran are acceptable. | ||
The Illinois Department of Veterans' Affairs shall confirm | ||
the status of the applicant as an honorably discharged veteran | ||
before the Secretary may issue the driver's license. | ||
For each applicant who is issued a driver's license with a | ||
veteran designation, the Secretary shall provide the | ||
Department of Veterans' Affairs with the applicant's name, | ||
address, date of birth, gender and such other demographic | ||
information as agreed to by the Secretary and the Department. | ||
The Department may take steps necessary to confirm the | ||
applicant is a veteran. If after due diligence, including | ||
writing to the applicant at the address provided by the | ||
Secretary, the Department is unable to verify the applicant's | ||
veteran status, the Department shall inform the Secretary, who | ||
shall notify the applicant that the he or she must confirm | ||
status as a veteran, or the driver's license will be cancelled. | ||
For purposes of this subsection (e): | ||
"Armed forces" means any of the Armed Forces of the United | ||
States, including a member of any reserve component or National | ||
Guard unit. | ||
"Veteran" means a person who has served in the armed forces | ||
and was discharged or separated under honorable conditions. | ||
(Source: P.A. 99-511, eff. 1-1-17; 99-544, eff. 7-15-16; | ||
100-201, eff. 8-18-17; 100-248, eff. 8-22-17; 100-811, eff. | ||
1-1-19.)
| ||