HB3534 EnrolledLRB101 10615 RJF 55721 b

1    AN ACT concerning 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 Section 5 as follows:
 
6    (15 ILCS 335/5)  (from Ch. 124, par. 25)
7    Sec. 5. Applications.
8    (a) Any natural person who is a resident of the State of
9Illinois may file an application for an identification card, or
10for the renewal thereof, in a manner prescribed by the
11Secretary. Each original application shall be completed by the
12applicant in full and shall set forth the legal name, residence
13address and zip code, social security number, birth date, sex
14and a brief description of the applicant. The applicant shall
15be photographed, unless the Secretary of State has provided by
16rule for the issuance of identification cards without
17photographs and the applicant is deemed eligible for an
18identification card without a photograph under the terms and
19conditions imposed by the Secretary of State, and he or she
20shall also submit any other information as the Secretary may
21deem necessary or such documentation as the Secretary may
22require to determine the identity of the applicant. In addition
23to the residence address, the Secretary may allow the applicant

 

 

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1to provide a mailing address. If the applicant is a judicial
2officer as defined in Section 1-10 of the Judicial Privacy Act
3or a peace officer, the applicant may elect to have his or her
4office or work address in lieu of the applicant's residence or
5mailing address. An applicant for an Illinois Person with a
6Disability Identification Card must also submit with each
7original or renewal application, on forms prescribed by the
8Secretary, such documentation as the Secretary may require,
9establishing that the applicant is a "person with a disability"
10as defined in Section 4A of this Act, and setting forth the
11applicant's type and class of disability as set forth in
12Section 4A of this Act. For the purposes of this subsection
13(a), "peace officer" means any person who by virtue of his or
14her office or public employment is vested by law with a duty to
15maintain public order or to make arrests for a violation of any
16penal statute of this State, whether that duty extends to all
17violations or is limited to specific violations.
18    (a-5) Upon the first issuance of a request for proposals
19for a digital driver's license and identification card issuance
20and facial recognition system issued after the effective date
21of this amendatory Act of the 101st General Assembly, and upon
22implementation of a new or revised system procured pursuant to
23that request for proposals, the Secretary shall permit
24applicants to choose between "male", "female", or "non-binary"
25when designating the applicant's sex on the identification card
26application form. The sex designated by the applicant shall be

 

 

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1displayed on the identification card issued to the applicant.
2    (b) Beginning on or before July 1, 2015, for each original
3or renewal identification card application under this Act, the
4Secretary shall inquire as to whether the applicant is a
5veteran for purposes of issuing an identification card with a
6veteran designation under subsection (c-5) of Section 4 of this
7Act. The acceptable forms of proof shall include, but are not
8limited to, Department of Defense form DD-214 or an
9identification card issued under the federal Veterans
10Identification Card Act of 2015. If the document cannot be
11stamped, the Illinois Department of Veterans' Affairs shall
12provide a certificate to the veteran to provide to the
13Secretary of State. The Illinois Department of Veterans'
14Affairs shall advise the Secretary as to what other forms of
15proof of a person's status 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    "Armed forces" means any of the Armed Forces of the United
21States, including a member of any reserve component or National
22Guard unit.
23    "Veteran" means a person who has served in the armed forces
24and was discharged or separated under honorable conditions.
25    (c) All applicants for REAL ID compliant standard Illinois
26Identification Cards and Illinois Person with a Disability

 

 

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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. 99-511, eff. 1-1-17; 99-544, eff. 7-15-16;
7100-201, eff. 8-18-17; 100-248, eff. 8-22-17; 100-811, eff.
81-1-19.)
 
9    Section 10. The Illinois Vehicle Code is amended by
10changing Section 6-106 as follows:
 
11    (625 ILCS 5/6-106)  (from Ch. 95 1/2, par. 6-106)
12    Sec. 6-106. Application for license or instruction permit.
13    (a) Every application for any permit or license authorized
14to be issued under this Code shall be made upon a form
15furnished by the Secretary of State. Every application shall be
16accompanied by the proper fee and payment of such fee shall
17entitle the applicant to not more than 3 attempts to pass the
18examination within a period of one year after the date of
19application.
20    (b) Every application shall state the legal name, social
21security number, zip code, date of birth, sex, and residence
22address of the applicant; briefly describe the applicant; state
23whether the applicant has theretofore been licensed as a
24driver, and, if so, when and by what state or country, and

 

 

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

 

 

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1extends to all violations or is limited to specific violations.
2    (b-3) Upon the first issuance of a request for proposals
3for a digital driver's license and identification card issuance
4and facial recognition system issued after the effective date
5of this amendatory Act of the 101st General Assembly, and upon
6implementation of a new or revised system procured pursuant to
7that request for proposals, the Secretary shall permit
8applicants to choose between "male", "female" or "non-binary"
9when designating the applicant's sex on the driver's license
10application form. The sex designated by the applicant shall be
11displayed on the driver's license issued to the applicant.
12    (b-5) Every applicant for a REAL ID compliant driver's
13license or permit shall provide proof of lawful status in the
14United States as defined in 6 CFR 37.3, as amended. Applicants
15who are unable to provide the Secretary with proof of lawful
16status may apply for a driver's license or permit under Section
176-105.1 of this Code.
18    (c) The application form shall include a notice to the
19applicant of the registration obligations of sex offenders
20under the Sex Offender Registration Act. The notice shall be
21provided in a form and manner prescribed by the Secretary of
22State. For purposes of this subsection (c), "sex offender" has
23the meaning ascribed to it in Section 2 of the Sex Offender
24Registration Act.
25    (d) Any male United States citizen or immigrant who applies
26for any permit or license authorized to be issued under this

 

 

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

 

 

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1Secretary of State. The Illinois Department of Veterans'
2Affairs shall advise the Secretary as to what other forms of
3proof of a person's status as a veteran are acceptable.
4    The Illinois Department of Veterans' Affairs shall confirm
5the status of the applicant as an honorably discharged veteran
6before the Secretary may issue the driver's license.
7    For purposes of this subsection (e):
8    "Armed forces" means any of the Armed Forces of the United
9States, including a member of any reserve component or National
10Guard unit.
11    "Veteran" means a person who has served in the armed forces
12and was discharged or separated under honorable conditions.
13(Source: P.A. 99-511, eff. 1-1-17; 99-544, eff. 7-15-16;
14100-201, eff. 8-18-17; 100-248, eff. 8-22-17; 100-811, eff.
151-1-19.)