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Public Act 101-0106 |
HB3216 Enrolled | LRB101 05860 RJF 50879 b |
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AN ACT concerning State government.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Illinois Identification Card Act is amended |
by changing Section 5 as follows: |
(15 ILCS 335/5) (from Ch. 124, par. 25)
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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 |
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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,
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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.
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(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 |
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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. |
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"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 .)
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Section 10. The Illinois Vehicle Code is amended by |
changing Section 6-106 as follows:
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(625 ILCS 5/6-106) (from Ch. 95 1/2, par. 6-106)
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Sec. 6-106. Application for license or instruction permit.
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(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.
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(b) Every application shall state the legal name, social |
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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
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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
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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
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substitution of another photo thereon.
For the purposes of this |
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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.
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(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
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the meaning ascribed to it in Section 2 of the Sex Offender |
Registration Act.
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(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
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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 |
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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
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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.
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(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 |
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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 .)
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