Illinois General Assembly - Full Text of SB1693
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Full Text of SB1693  98th General Assembly

SB1693enr 98TH GENERAL ASSEMBLY

  
  
  

 


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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1    (d) The Secretary of State may issue a Senior Citizen
2discount card, to any natural person who is a resident of the
3State of Illinois who is 60 years of age or older and who
4applies for such a card or renewal thereof. The Secretary of
5State shall charge no fee to issue such card. The card shall be
6issued in every county and applications shall be made available
7at, but not limited to, nutrition sites, senior citizen centers
8and Area Agencies on Aging. The applicant, upon receipt of such
9card and prior to its use for any purpose, shall have affixed
10thereon in the space provided therefor his signature or mark.
11    (e) The Secretary of State, in his or her discretion, may
12designate on each Illinois Identification Card or Illinois
13Person with a Disability Identification Card a space where the
14card holder may place a sticker or decal, issued by the
15Secretary of State, of uniform size as the Secretary may
16specify, that shall indicate in appropriate language that the
17card holder has renewed his or her Illinois Identification Card
18or Illinois Person with a Disability Identification Card.
19(Source: P.A. 96-146, eff. 1-1-10; 96-328, eff. 8-11-09;
2096-1231, eff. 7-23-10; 97-371, eff. 1-1-12; 97-739, eff.
211-1-13; 97-847, eff. 1-1-13; 97-1064, eff. 1-1-13; revised
229-5-12.)
 
23    (15 ILCS 335/5)  (from Ch. 124, par. 25)
24    Sec. 5. Applications.
25    (a) Any natural person who is a resident of the State of

 

 

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

 

 

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1Section 4A of this Act. For the purposes of this subsection
2(a), "peace officer" means any person who by virtue of his or
3her office or public employment is vested by law with a duty to
4maintain public order or to make arrests for a violation of any
5penal statute of this State, whether that duty extends to all
6violations or is limited to specific violations.
7    (b) Beginning on or before July 1, 2015, for each original
8or renewal identification card application under this Act, the
9Secretary shall inquire as to whether the applicant is a
10veteran for purposes of issuing an identification card with a
11veteran designation under subsection (c-5) of Section 4 of this
12Act. The acceptable forms of proof shall include, but are not
13limited to, Department of Defense form DD-214. The Secretary
14shall determine by rule what other forms of proof of a person's
15status as a veteran are acceptable.
16    The Illinois Department of Veterans' Affairs shall confirm
17the status of the applicant as an honorably discharged veteran
18before the Secretary may issue the identification card.
19    For purposes of this subsection (b):
20    "Active duty" means active duty under an executive order of
21the President of the United States, an Act of the Congress of
22the United States, or an order of the Governor.
23    "Armed forces" means any of the Armed Forces of the United
24States, including a member of any reserve component or National
25Guard unit called to active duty.
26    "Veteran" means a person who has served on active duty in

 

 

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1the armed forces and was discharged or separated under
2honorable conditions.
3(Source: P.A. 96-1231, eff. 7-23-10; 97-371, eff. 1-1-12;
497-739, eff. 1-1-13; 97-847, eff. 1-1-13; 97-1064, eff. 1-1-13;
5revised 9-5-12.)
 
6    Section 10. The Illinois Vehicle Code is amended by
7changing Sections 6-106 and 6-110 as follows:
 
8    (625 ILCS 5/6-106)  (from Ch. 95 1/2, par. 6-106)
9    Sec. 6-106. Application for license or instruction permit.
10    (a) Every application for any permit or license authorized
11to be issued under this Act shall be made upon a form furnished
12by the Secretary of State. Every application shall be
13accompanied by the proper fee and payment of such fee shall
14entitle the applicant to not more than 3 attempts to pass the
15examination within a period of 1 year after the date of
16application.
17    (b) Every application shall state the legal name, social
18security number, zip code, date of birth, sex, and residence
19address of the applicant; briefly describe the applicant; state
20whether the applicant has theretofore been licensed as a
21driver, and, if so, when and by what state or country, and
22whether any such license has ever been cancelled, suspended,
23revoked or refused, and, if so, the date and reason for such
24cancellation, suspension, revocation or refusal; shall include

 

 

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

 

 

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

 

 

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1veteran designation under subsection (e-5) of Section 6-110 of
2this Chapter. The acceptable forms of proof shall include, but
3are not limited to, Department of Defense form DD-214. The
4Secretary shall determine by rule what other forms of proof of
5a person's status as a veteran are acceptable.
6    The Illinois Department of Veterans' Affairs shall confirm
7the status of the applicant as an honorably discharged veteran
8before the Secretary may issue the driver's license.
9    For purposes of this subsection (e):
10    "Active duty" means active duty under an executive order of
11the President of the United States, an Act of the Congress of
12the United States, or an order of the Governor.
13    "Armed forces" means any of the Armed Forces of the United
14States, including a member of any reserve component or National
15Guard unit called to active duty.
16    "Veteran" means a person who has served on active duty in
17the armed forces and was discharged or separated under
18honorable conditions.
19(Source: P.A. 96-1231, eff. 7-23-10; 97-263, eff. 8-5-11;
2097-739, eff. 1-1-13; 97-847, eff. 1-1-13; revised 8-3-12.)
 
21    (625 ILCS 5/6-110)  (from Ch. 95 1/2, par. 6-110)
22    Sec. 6-110. Licenses issued to drivers.
23    (a) The Secretary of State shall issue to every qualifying
24applicant a driver's license as applied for, which license
25shall bear a distinguishing number assigned to the licensee,

 

 

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1the legal name, signature, zip code, date of birth, residence
2address, and a brief description of the licensee.
3    Licenses issued shall also indicate the classification and
4the restrictions under Section 6-104 of this Code. The
5Secretary may adopt rules to establish informational
6restrictions that can be placed on the driver's license
7regarding specific conditions of the licensee.
8    A driver's license issued may, in the discretion of the
9Secretary, include a suitable photograph of a type prescribed
10by the Secretary.
11    (a-1) If the licensee is less than 18 years of age, unless
12one of the exceptions in subsection (a-2) apply, the license
13shall, as a matter of law, be invalid for the operation of any
14motor vehicle during the following times:
15        (A) Between 11:00 p.m. Friday and 6:00 a.m. Saturday;
16        (B) Between 11:00 p.m. Saturday and 6:00 a.m. on
17    Sunday; and
18        (C) Between 10:00 p.m. on Sunday to Thursday,
19    inclusive, and 6:00 a.m. on the following day.
20    (a-2) The driver's license of a person under the age of 18
21shall not be invalid as described in subsection (a-1) of this
22Section if the licensee under the age of 18 was:
23        (1) accompanied by the licensee's parent or guardian or
24    other person in custody or control of the minor;
25        (2) on an errand at the direction of the minor's parent
26    or guardian, without any detour or stop;

 

 

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

 

 

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1    (a-3) If a graduated driver's license holder over the age
2of 18 committed an offense against traffic regulations
3governing the movement of vehicles or any violation of Section
46-107 or Section 12-603.1 of this Code in the 6 months prior to
5the graduated driver's license holder's 18th birthday, and was
6subsequently convicted of the offense, the provisions of
7subsection (a-1) shall continue to apply until such time as a
8period of 6 consecutive months has elapsed without an
9additional violation and subsequent conviction of an offense
10against traffic regulations governing the movement of vehicles
11or Section 6-107 or Section 12-603.1 of this Code.
12    (a-4) If an applicant for a driver's license or instruction
13permit has a current identification card issued by the
14Secretary of State, the Secretary may require the applicant to
15utilize the same residence address and name on the
16identification card, driver's license, and instruction permit
17records maintained by the Secretary. The Secretary may
18promulgate rules to implement this provision.
19    (a-5) If an applicant for a driver's license is a judicial
20officer or a peace officer, the applicant may elect to have his
21or her office or work address listed on the license instead of
22the applicant's residence or mailing address. The Secretary of
23State shall adopt rules to implement this subsection (a-5). For
24the purposes of this subsection (a-5), "peace officer" means
25any person who by virtue of his or her office or public
26employment is vested by law with a duty to maintain public

 

 

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1order or to make arrests for a violation of any penal statute
2of this State, whether that duty extends to all violations or
3is limited to specific violations.
4    (b) Until the Secretary of State establishes a First Person
5Consent organ and tissue donor registry under Section 6-117 of
6this Code, the Secretary of State shall provide a format on the
7reverse of each driver's license issued which the licensee may
8use to execute a document of gift conforming to the provisions
9of the Illinois Anatomical Gift Act. The format shall allow the
10licensee to indicate the gift intended, whether specific
11organs, any organ, or the entire body, and shall accommodate
12the signatures of the donor and 2 witnesses. The Secretary
13shall also inform each applicant or licensee of this format,
14describe the procedure for its execution, and may offer the
15necessary witnesses; provided that in so doing, the Secretary
16shall advise the applicant or licensee that he or she is under
17no compulsion to execute a document of gift. A brochure
18explaining this method of executing an anatomical gift document
19shall be given to each applicant or licensee. The brochure
20shall advise the applicant or licensee that he or she is under
21no compulsion to execute a document of gift, and that he or she
22may wish to consult with family, friends or clergy before doing
23so. The Secretary of State may undertake additional efforts,
24including education and awareness activities, to promote organ
25and tissue donation.
26    (c) The Secretary of State shall designate on each driver's

 

 

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1license issued a space where the licensee may place a sticker
2or decal of the uniform size as the Secretary may specify,
3which sticker or decal may indicate in appropriate language
4that the owner of the license carries an Emergency Medical
5Information Card.
6    The sticker may be provided by any person, hospital,
7school, medical group, or association interested in assisting
8in implementing the Emergency Medical Information Card, but
9shall meet the specifications as the Secretary may by rule or
10regulation require.
11    (d) The Secretary of State shall designate on each driver's
12license issued a space where the licensee may indicate his
13blood type and RH factor.
14    (e) The Secretary of State shall provide that each original
15or renewal driver's license issued to a licensee under 21 years
16of age shall be of a distinct nature from those driver's
17licenses issued to individuals 21 years of age and older. The
18color designated for driver's licenses for licensees under 21
19years of age shall be at the discretion of the Secretary of
20State.
21    (e-1) The Secretary shall provide that each driver's
22license issued to a person under the age of 21 displays the
23date upon which the person becomes 18 years of age and the date
24upon which the person becomes 21 years of age.
25    (e-3) The General Assembly recognizes the need to identify
26military veterans living in this State for the purpose of

 

 

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1ensuring that they receive all of the services and benefits to
2which they are legally entitled, including healthcare,
3education assistance, and job placement. To assist the State in
4identifying these veterans and delivering these vital services
5and benefits, the Secretary of State is authorized to issue
6drivers' licenses with the word "veteran" appearing on the face
7of the licenses. This authorization is predicated on the unique
8status of veterans. The Secretary may not issue any other
9driver's license which identifies an occupation, status,
10affiliation, hobby, or other unique characteristics of the
11license holder which is unrelated to the purpose of the
12driver's license.
13    (e-5) Beginning on or before July 1, 2015, the Secretary of
14State shall designate a space on each original or renewal
15driver's license where, at the request of the applicant, the
16word "veteran" shall be placed. The veteran designation shall
17be available to a person identified as a veteran under
18subsection (e) of Section paragraph 6-106 of this Code Chapter
19who was discharged or separated under honorable conditions.
20    (f) The Secretary of State shall inform all Illinois
21licensed commercial motor vehicle operators of the
22requirements of the Uniform Commercial Driver License Act,
23Article V of this Chapter, and shall make provisions to insure
24that all drivers, seeking to obtain a commercial driver's
25license, be afforded an opportunity prior to April 1, 1992, to
26obtain the license. The Secretary is authorized to extend

 

 

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1driver's license expiration dates, and assign specific times,
2dates and locations where these commercial driver's tests shall
3be conducted. Any applicant, regardless of the current
4expiration date of the applicant's driver's license, may be
5subject to any assignment by the Secretary. Failure to comply
6with the Secretary's assignment may result in the applicant's
7forfeiture of an opportunity to receive a commercial driver's
8license prior to April 1, 1992.
9    (g) The Secretary of State shall designate on a driver's
10license issued, a space where the licensee may indicate that he
11or she has drafted a living will in accordance with the
12Illinois Living Will Act or a durable power of attorney for
13health care in accordance with the Illinois Power of Attorney
14Act.
15    (g-1) The Secretary of State, in his or her discretion, may
16designate on each driver's license issued a space where the
17licensee may place a sticker or decal, issued by the Secretary
18of State, of uniform size as the Secretary may specify, that
19shall indicate in appropriate language that the owner of the
20license has renewed his or her driver's license.
21    (h) A person who acts in good faith in accordance with the
22terms of this Section is not liable for damages in any civil
23action or subject to prosecution in any criminal proceeding for
24his or her act.
25(Source: P.A. 96-607, eff. 8-24-09; 96-1231, eff. 7-23-10;
2697-263, eff. 8-5-11; 97-739, eff. 1-1-13; 97-847, eff. 1-1-13;

 

 

SB1693 Enrolled- 21 -LRB098 09866 MLW 40024 b

197-1127, eff. 1-1-13; revised 8-3-12.)