Public Act 101-0513
 
HB3534 EnrolledLRB101 10615 RJF 55721 b


  
    AN ACT concerning 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. 

    (a-5)   Upon the first issuance of a request for proposals 
for a digital driver's license and identification card issuance 
and facial recognition system issued after the effective date 
of this amendatory Act of the 101st General Assembly, and upon 
implementation of a new or revised system procured pursuant to 
that request for proposals, the Secretary shall permit 
applicants to choose between "male", "female", or "non-binary" 
when designating the applicant's sex on the identification card 
application form. The sex designated by the applicant shall be 
displayed on the identification card issued to the applicant. 
    (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 or an 
identification card issued under the federal Veterans 
Identification Card Act of 2015. 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 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-3) Upon the first issuance of a request for proposals 
for a digital driver's license and identification card issuance 
and facial recognition system issued after the effective date 
of this amendatory Act of the 101st General Assembly, and upon 
implementation of a new or revised system procured pursuant to 
that request for proposals, the Secretary shall permit 
applicants to choose between "male", "female" or "non-binary" 
when designating the applicant's sex on the driver's license 
application form. The sex designated by the applicant shall be 
displayed on the driver's license issued to the applicant. 
    (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 or an 
identification card issued under the federal Veterans 
Identification Card Act of 2015. 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 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.)