|
| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020 HB4973 Introduced 2/18/2020, by Rep. Ryan Spain SYNOPSIS AS INTRODUCED: |
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Creates the Human Resources Employee Safety and Privacy Act. Provides that government agencies and persons, businesses, and associations shall not publicly post or display publicly available content that includes a human resources employee's personal information, provided that the government agency, person, business, or association has received a written request from the person that it refrain from disclosing the person's personal information. Provides injunctive or declaratory relief if the Act is violated. Includes procedures for a written request. Provides that it is a Class 3 felony for any person to knowingly publicly post on the Internet the personal information of a human resource employee or a human resources employee's immediate family under specified circumstances. Excludes criminal penalties for employees of government agencies who publish information in good faith during the ordinary course of carrying out public functions. Provides that the Act and any rules adopted to implement the Act shall be construed broadly to favor the protection of the personal information of human resources employees. Amends various Acts to allow a human resources employee to list a business address rather than a home address and make conforming changes. Effective immediately.
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| | CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY | | FISCAL NOTE ACT MAY APPLY |
| | A BILL FOR |
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1 | | AN ACT concerning privacy.
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2 | | Be it enacted by the People of the State of Illinois,
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3 | | represented in the General Assembly:
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4 | | Section 1. Short title. This Act may be cited as the Human |
5 | | Resources Employee Safety and Privacy Act. |
6 | | Section 5. Definitions. As used in this Act: |
7 | | "Government agency", "personal information", "publicly |
8 | | available content", and "publicly post" or "publicly display" |
9 | | have the meanings given to those terms in Section 1-10 of the |
10 | | Judicial Privacy Act. |
11 | | "Home address" includes resources employee's permanent |
12 | | residence and any secondary residences affirmatively |
13 | | identified by the human resources employee, but does not |
14 | | include a human resources employee's work address. |
15 | | "Human resources employee" means a person who has the |
16 | | authority to make decisions whether to hire or fire personnel |
17 | | and who is employed by a nonpublic employer. |
18 | | "Immediate family" includes a human resources employee's |
19 | | spouse, child, parent, or any blood relative of the human |
20 | | resources employee or the human resources employee's spouse who |
21 | | lives in the same residence. |
22 | | "Written request" means written notice signed by a human |
23 | | resources employee or a representative of the human resources |
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1 | | employee's employer requesting a government agency, person, |
2 | | business, or association to refrain from posting or displaying |
3 | | publicly available content that includes the human resources |
4 | | employee's personal information. |
5 | | Section 10. Publicly posting or displaying a human |
6 | | resources employee's personal information by government |
7 | | agencies. |
8 | | (a) Government agencies shall not publicly post or display |
9 | | publicly available content that includes a human resources |
10 | | employee's personal information, provided that the government |
11 | | agency has received a written request in accordance with |
12 | | Section 20 that it refrain from disclosing the human resources |
13 | | employee's personal information. After a government agency has |
14 | | received a written request, that agency shall remove the human |
15 | | resources employee's personal information from publicly |
16 | | available content within 5 business days. After the government |
17 | | agency has removed the human resources employee's personal |
18 | | information from publicly available content, the agency shall |
19 | | not publicly post or display the information and the human |
20 | | resources employee's personal information shall be exempt from |
21 | | the Freedom of Information Act unless the government agency has |
22 | | received consent from the human resources employee to make the |
23 | | personal information available to the public. |
24 | | (b) If a government agency fails to comply with a written |
25 | | request to refrain from disclosing personal information, the |
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1 | | human resources employee may bring an action in the circuit |
2 | | court seeking injunctive or declaratory relief. |
3 | | Section 15. Publicly posting a human resources employee's |
4 | | personal information on the Internet by persons, businesses, |
5 | | and associations. |
6 | | (a) Prohibited Conduct. |
7 | | (1) All persons, businesses, and associations shall |
8 | | refrain from publicly posting or displaying on the Internet |
9 | | publicly available content that includes a human resources |
10 | | employee's personal information, provided that the human |
11 | | resources employee has made a written request to the |
12 | | person, business, or association that it refrain from |
13 | | disclosing the personal information. |
14 | | (2) No person, business, or association shall solicit, |
15 | | sell, or trade on the Internet a human resources employee's |
16 | | personal information with the intent to pose an imminent |
17 | | and serious threat to the health and safety of the human |
18 | | resources employee or the human resources employee's |
19 | | immediate family. |
20 | | (3) This subsection includes, but is not limited to, |
21 | | Internet phone directories, Internet search engines, |
22 | | Internet data aggregators, and Internet service providers. |
23 | | (b) Required Conduct. |
24 | | (1) After a person, business, or association has |
25 | | received a written request from a human resources employee |
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1 | | to protect the privacy of the officer's personal |
2 | | information, that person, business, or association shall |
3 | | have 72 hours to remove the personal information from the |
4 | | Internet. |
5 | | (2) After a person, business, or association has |
6 | | received a written request from a human resources employee, |
7 | | that person, business, or association shall ensure that the |
8 | | human resources employee's personal information is not |
9 | | made available on any website or subsidiary website |
10 | | controlled by that person, business, or association. |
11 | | (3) After receiving a human resources employee's |
12 | | written request, no person, business, or association shall |
13 | | transfer the human resources employee's personal |
14 | | information to any other person, business, or association |
15 | | through any medium. |
16 | | (c) Redress. A human resources employee whose personal |
17 | | information is made public as a result of a violation of this |
18 | | Section may bring an action in the circuit court seeking |
19 | | injunctive or declaratory relief. If the court grants
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20 | | injunctive or declaratory relief, the person, business, or |
21 | | association responsible for the violation shall be required to |
22 | | pay the human resources employee's costs and reasonable |
23 | | attorney's fees. |
24 | | Section 20. Procedure for completing a written request.
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25 | | (a) No government agency, person, business, or association |
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1 | | shall be found to have violated any provision of this Act if |
2 | | the human resources employee fails to submit a written request |
3 | | calling for the protection of the officer's personal |
4 | | information. |
5 | | (b) A written request is valid if: |
6 | | (1) the human resources employee sends a written |
7 | | request directly to a government agency, person, business, |
8 | | or association; or |
9 | | (2) the Secretary of State creates a policy and |
10 | | procedure for a human resources employee to file the |
11 | | written request with the Secretary of State to notify |
12 | | government agencies, the human resources employee may send |
13 | | the written request to the Secretary of State as provided |
14 | | in the policy and procedure. In each quarter of a calendar |
15 | | year, the Secretary of State shall provide a list of all |
16 | | human resources employees who have submitted a written |
17 | | request to it to the appropriate officer with ultimate |
18 | | supervisory authority for a government agency. The officer |
19 | | shall promptly provide a copy of the list to any and all |
20 | | government agencies under his or her supervision. Receipt |
21 | | of the written request list compiled by the Secretary of |
22 | | State by a government agency shall constitute a written |
23 | | request to that agency for the purposes of this Act. |
24 | | (c) A representative from the human resources employee's |
25 | | employer may submit a written request on the human resources |
26 | | employee's behalf, provided that the human resources employee |
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1 | | gives written consent to the representative and provided that |
2 | | the representative agrees to furnish a copy of that consent |
3 | | when a written request is made. The representative shall submit |
4 | | the written request as provided in subsection (b). |
5 | | (d) A human resources employee's written request shall |
6 | | specify what personal information shall be maintained private. |
7 | | If a human resources employee wishes to identify a |
8 | | secondary residence as a home address, the designation shall be |
9 | | made in the written request. |
10 | | A human resources employee shall disclose the identity of |
11 | | the officer's immediate family and indicate that the personal |
12 | | information of these family members shall also be excluded to |
13 | | the extent that it could reasonably be expected to reveal the |
14 | | personal information of the human resources employee. |
15 | | (e) A human resources employee's written request is valid |
16 | | until the human resources employee provides the government |
17 | | agency, person, business, or association with written |
18 | | permission to release the private information. A human |
19 | | resources employee's written request expires on death. |
20 | | Section 25. Unlawful publication of personal information. |
21 | | (a) It is unlawful for any person to knowingly publicly |
22 | | post on the Internet the personal information of a human |
23 | | resources employee or of the human resources employee's |
24 | | immediate family if the person knows or reasonably should know |
25 | | that publicly posting the personal information poses an |
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1 | | imminent and serious threat to the health and safety of the |
2 | | human resources employee or the human resources employee's |
3 | | immediate family and the violation is a proximate cause of |
4 | | bodily injury or death of the human resources employee or a |
5 | | member of the human resources employee's immediate family. A |
6 | | person who violates this Section is guilty of a Class 3 felony. |
7 | | (b) If an employee of a government agency has complied with |
8 | | the provisions of this Act, it is not a violation of subsection |
9 | | (a) if the employee publishes personal information, in good |
10 | | faith, on the website of the government agency in the ordinary |
11 | | course of carrying out public functions. |
12 | | Section 30. Construction. This Act and any rules adopted to |
13 | | implement this Act shall be construed broadly to favor the |
14 | | protection of the personal information of human resources |
15 | | employees.
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16 | | Section 100. The Freedom of Information Act is amended by |
17 | | changing Section 7 as follows: |
18 | | (5 ILCS 140/7) (from Ch. 116, par. 207) |
19 | | Sec. 7. Exemptions.
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20 | | (1) When a request is made to inspect or copy a public |
21 | | record that contains information that is exempt from disclosure |
22 | | under this Section, but also contains information that is not |
23 | | exempt from disclosure, the public body may elect to redact the |
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1 | | information that is exempt. The public body shall make the |
2 | | remaining information available for inspection and copying. |
3 | | Subject to this requirement, the following shall be exempt from |
4 | | inspection and copying:
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5 | | (a) Information specifically prohibited from |
6 | | disclosure by federal or
State law or rules and regulations |
7 | | implementing federal or State law.
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8 | | (b) Private information, unless disclosure is required |
9 | | by another provision of this Act, a State or federal law or |
10 | | a court order. |
11 | | (b-5) Files, documents, and other data or databases |
12 | | maintained by one or more law enforcement agencies and |
13 | | specifically designed to provide information to one or more |
14 | | law enforcement agencies regarding the physical or mental |
15 | | status of one or more individual subjects. |
16 | | (c) Personal information contained within public |
17 | | records, the disclosure of which would constitute a clearly
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18 | | unwarranted invasion of personal privacy, unless the |
19 | | disclosure is
consented to in writing by the individual |
20 | | subjects of the information. "Unwarranted invasion of |
21 | | personal privacy" means the disclosure of information that |
22 | | is highly personal or objectionable to a reasonable person |
23 | | and in which the subject's right to privacy outweighs any |
24 | | legitimate public interest in obtaining the information. |
25 | | The
disclosure of information that bears on the public |
26 | | duties of public
employees and officials shall not be |
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1 | | considered an invasion of personal
privacy.
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2 | | (d) Records in the possession of any public body |
3 | | created in the course of administrative enforcement
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4 | | proceedings, and any law enforcement or correctional |
5 | | agency for
law enforcement purposes,
but only to the extent |
6 | | that disclosure would:
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7 | | (i) interfere with pending or actually and |
8 | | reasonably contemplated
law enforcement proceedings |
9 | | conducted by any law enforcement or correctional
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10 | | agency that is the recipient of the request;
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11 | | (ii) interfere with active administrative |
12 | | enforcement proceedings
conducted by the public body |
13 | | that is the recipient of the request;
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14 | | (iii) create a substantial likelihood that a |
15 | | person will be deprived of a fair trial or an impartial |
16 | | hearing;
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17 | | (iv) unavoidably disclose the identity of a |
18 | | confidential source, confidential information |
19 | | furnished only by the confidential source, or persons |
20 | | who file complaints with or provide information to |
21 | | administrative, investigative, law enforcement, or |
22 | | penal agencies; except that the identities of |
23 | | witnesses to traffic accidents, traffic accident |
24 | | reports, and rescue reports shall be provided by |
25 | | agencies of local government, except when disclosure |
26 | | would interfere with an active criminal investigation |
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1 | | conducted by the agency that is the recipient of the |
2 | | request;
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3 | | (v) disclose unique or specialized investigative |
4 | | techniques other than
those generally used and known or |
5 | | disclose internal documents of
correctional agencies |
6 | | related to detection, observation or investigation of
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7 | | incidents of crime or misconduct, and disclosure would |
8 | | result in demonstrable harm to the agency or public |
9 | | body that is the recipient of the request;
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10 | | (vi) endanger the life or physical safety of law |
11 | | enforcement personnel
or any other person; or
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12 | | (vii) obstruct an ongoing criminal investigation |
13 | | by the agency that is the recipient of the request.
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14 | | (d-5) A law enforcement record created for law |
15 | | enforcement purposes and contained in a shared electronic |
16 | | record management system if the law enforcement agency that |
17 | | is the recipient of the request did not create the record, |
18 | | did not participate in or have a role in any of the events |
19 | | which are the subject of the record, and only has access to |
20 | | the record through the shared electronic record management |
21 | | system. |
22 | | (e) Records that relate to or affect the security of |
23 | | correctional
institutions and detention facilities.
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24 | | (e-5) Records requested by persons committed to the |
25 | | Department of Corrections, Department of Human Services |
26 | | Division of Mental Health, or a county jail if those |
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1 | | materials are available in the library of the correctional |
2 | | institution or facility or jail where the inmate is |
3 | | confined. |
4 | | (e-6) Records requested by persons committed to the |
5 | | Department of Corrections, Department of Human Services |
6 | | Division of Mental Health, or a county jail if those |
7 | | materials include records from staff members' personnel |
8 | | files, staff rosters, or other staffing assignment |
9 | | information. |
10 | | (e-7) Records requested by persons committed to the |
11 | | Department of Corrections or Department of Human Services |
12 | | Division of Mental Health if those materials are available |
13 | | through an administrative request to the Department of |
14 | | Corrections or Department of Human Services Division of |
15 | | Mental Health. |
16 | | (e-8) Records requested by a person committed to the |
17 | | Department of Corrections, Department of Human Services |
18 | | Division of Mental Health, or a county jail, the disclosure |
19 | | of which would result in the risk of harm to any person or |
20 | | the risk of an escape from a jail or correctional |
21 | | institution or facility. |
22 | | (e-9) Records requested by a person in a county jail or |
23 | | committed to the Department of Corrections or Department of |
24 | | Human Services Division of Mental Health, containing |
25 | | personal information pertaining to the person's victim or |
26 | | the victim's family, including, but not limited to, a |
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1 | | victim's home address, home telephone number, work or |
2 | | school address, work telephone number, social security |
3 | | number, or any other identifying information, except as may |
4 | | be relevant to a requester's current or potential case or |
5 | | claim. |
6 | | (e-10) Law enforcement records of other persons |
7 | | requested by a person committed to the Department of |
8 | | Corrections, Department of Human Services Division of |
9 | | Mental Health, or a county jail, including, but not limited |
10 | | to, arrest and booking records, mug shots, and crime scene |
11 | | photographs, except as these records may be relevant to the |
12 | | requester's current or potential case or claim. |
13 | | (f) Preliminary drafts, notes, recommendations, |
14 | | memoranda and other
records in which opinions are |
15 | | expressed, or policies or actions are
formulated, except |
16 | | that a specific record or relevant portion of a
record |
17 | | shall not be exempt when the record is publicly cited
and |
18 | | identified by the head of the public body. The exemption |
19 | | provided in
this paragraph (f) extends to all those records |
20 | | of officers and agencies
of the General Assembly that |
21 | | pertain to the preparation of legislative
documents.
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22 | | (g) Trade secrets and commercial or financial |
23 | | information obtained from
a person or business where the |
24 | | trade secrets or commercial or financial information are |
25 | | furnished under a claim that they are
proprietary, |
26 | | privileged , or confidential, and that disclosure of the |
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1 | | trade
secrets or commercial or financial information would |
2 | | cause competitive harm to the person or business, and only |
3 | | insofar as the claim directly applies to the records |
4 | | requested. |
5 | | The information included under this exemption includes |
6 | | all trade secrets and commercial or financial information |
7 | | obtained by a public body, including a public pension fund, |
8 | | from a private equity fund or a privately held company |
9 | | within the investment portfolio of a private equity fund as |
10 | | a result of either investing or evaluating a potential |
11 | | investment of public funds in a private equity fund. The |
12 | | exemption contained in this item does not apply to the |
13 | | aggregate financial performance information of a private |
14 | | equity fund, nor to the identity of the fund's managers or |
15 | | general partners. The exemption contained in this item does |
16 | | not apply to the identity of a privately held company |
17 | | within the investment portfolio of a private equity fund, |
18 | | unless the disclosure of the identity of a privately held |
19 | | company may cause competitive harm. |
20 | | Nothing contained in this
paragraph (g) shall be |
21 | | construed to prevent a person or business from
consenting |
22 | | to disclosure.
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23 | | (h) Proposals and bids for any contract, grant, or |
24 | | agreement, including
information which if it were |
25 | | disclosed would frustrate procurement or give
an advantage |
26 | | to any person proposing to enter into a contractor |
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1 | | agreement
with the body, until an award or final selection |
2 | | is made. Information
prepared by or for the body in |
3 | | preparation of a bid solicitation shall be
exempt until an |
4 | | award or final selection is made.
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5 | | (i) Valuable formulae,
computer geographic systems,
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6 | | designs, drawings and research data obtained or
produced by |
7 | | any public body when disclosure could reasonably be |
8 | | expected to
produce private gain or public loss.
The |
9 | | exemption for "computer geographic systems" provided in |
10 | | this paragraph
(i) does not extend to requests made by news |
11 | | media as defined in Section 2 of
this Act when the |
12 | | requested information is not otherwise exempt and the only
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13 | | purpose of the request is to access and disseminate |
14 | | information regarding the
health, safety, welfare, or |
15 | | legal rights of the general public.
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16 | | (j) The following information pertaining to |
17 | | educational matters: |
18 | | (i) test questions, scoring keys and other |
19 | | examination data used to
administer an academic |
20 | | examination;
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21 | | (ii) information received by a primary or |
22 | | secondary school, college, or university under its |
23 | | procedures for the evaluation of faculty members by |
24 | | their academic peers; |
25 | | (iii) information concerning a school or |
26 | | university's adjudication of student disciplinary |
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1 | | cases, but only to the extent that disclosure would |
2 | | unavoidably reveal the identity of the student; and |
3 | | (iv) course materials or research materials used |
4 | | by faculty members. |
5 | | (k) Architects' plans, engineers' technical |
6 | | submissions, and
other
construction related technical |
7 | | documents for
projects not constructed or developed in |
8 | | whole or in part with public funds
and the same for |
9 | | projects constructed or developed with public funds, |
10 | | including , but not limited to , power generating and |
11 | | distribution stations and other transmission and |
12 | | distribution facilities, water treatment facilities, |
13 | | airport facilities, sport stadiums, convention centers, |
14 | | and all government owned, operated, or occupied buildings, |
15 | | but
only to the extent
that disclosure would compromise |
16 | | security.
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17 | | (l) Minutes of meetings of public bodies closed to the
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18 | | public as provided in the Open Meetings Act until the |
19 | | public body
makes the minutes available to the public under |
20 | | Section 2.06 of the Open
Meetings Act.
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21 | | (m) Communications between a public body and an |
22 | | attorney or auditor
representing the public body that would |
23 | | not be subject to discovery in
litigation, and materials |
24 | | prepared or compiled by or for a public body in
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25 | | anticipation of a criminal, civil , or administrative |
26 | | proceeding upon the
request of an attorney advising the |
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1 | | public body, and materials prepared or
compiled with |
2 | | respect to internal audits of public bodies.
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3 | | (n) Records relating to a public body's adjudication of |
4 | | employee grievances or disciplinary cases; however, this |
5 | | exemption shall not extend to the final outcome of cases in |
6 | | which discipline is imposed.
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7 | | (o) Administrative or technical information associated |
8 | | with automated
data processing operations, including , but |
9 | | not limited to , software,
operating protocols, computer |
10 | | program abstracts, file layouts, source
listings, object |
11 | | modules, load modules, user guides, documentation
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12 | | pertaining to all logical and physical design of |
13 | | computerized systems,
employee manuals, and any other |
14 | | information that, if disclosed, would
jeopardize the |
15 | | security of the system or its data or the security of
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16 | | materials exempt under this Section.
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17 | | (p) Records relating to collective negotiating matters
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18 | | between public bodies and their employees or |
19 | | representatives, except that
any final contract or |
20 | | agreement shall be subject to inspection and copying.
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21 | | (q) Test questions, scoring keys, and other |
22 | | examination data used to determine the qualifications of an |
23 | | applicant for a license or employment.
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24 | | (r) The records, documents, and information relating |
25 | | to real estate
purchase negotiations until those |
26 | | negotiations have been completed or
otherwise terminated. |
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1 | | With regard to a parcel involved in a pending or
actually |
2 | | and reasonably contemplated eminent domain proceeding |
3 | | under the Eminent Domain Act, records, documents , and
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4 | | information relating to that parcel shall be exempt except |
5 | | as may be
allowed under discovery rules adopted by the |
6 | | Illinois Supreme Court. The
records, documents , and |
7 | | information relating to a real estate sale shall be
exempt |
8 | | until a sale is consummated.
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9 | | (s) Any and all proprietary information and records |
10 | | related to the
operation of an intergovernmental risk |
11 | | management association or
self-insurance pool or jointly |
12 | | self-administered health and accident
cooperative or pool.
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13 | | Insurance or self insurance (including any |
14 | | intergovernmental risk management association or self |
15 | | insurance pool) claims, loss or risk management |
16 | | information, records, data, advice or communications.
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17 | | (t) Information contained in or related to |
18 | | examination, operating, or
condition reports prepared by, |
19 | | on behalf of, or for the use of a public
body responsible |
20 | | for the regulation or supervision of financial
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21 | | institutions, insurance companies, or pharmacy benefit |
22 | | managers, unless disclosure is otherwise
required by State |
23 | | law.
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24 | | (u) Information that would disclose
or might lead to |
25 | | the disclosure of
secret or confidential information, |
26 | | codes, algorithms, programs, or private
keys intended to be |
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1 | | used to create electronic or digital signatures under the
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2 | | Electronic Commerce Security Act.
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3 | | (v) Vulnerability assessments, security measures, and |
4 | | response policies
or plans that are designed to identify, |
5 | | prevent, or respond to potential
attacks upon a community's |
6 | | population or systems, facilities, or installations,
the |
7 | | destruction or contamination of which would constitute a |
8 | | clear and present
danger to the health or safety of the |
9 | | community, but only to the extent that
disclosure could |
10 | | reasonably be expected to jeopardize the effectiveness of |
11 | | the
measures or the safety of the personnel who implement |
12 | | them or the public.
Information exempt under this item may |
13 | | include such things as details
pertaining to the |
14 | | mobilization or deployment of personnel or equipment, to |
15 | | the
operation of communication systems or protocols, or to |
16 | | tactical operations.
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17 | | (w) (Blank). |
18 | | (x) Maps and other records regarding the location or |
19 | | security of generation, transmission, distribution, |
20 | | storage, gathering,
treatment, or switching facilities |
21 | | owned by a utility, by a power generator, or by the |
22 | | Illinois Power Agency.
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23 | | (y) Information contained in or related to proposals, |
24 | | bids, or negotiations related to electric power |
25 | | procurement under Section 1-75 of the Illinois Power Agency |
26 | | Act and Section 16-111.5 of the Public Utilities Act that |
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1 | | is determined to be confidential and proprietary by the |
2 | | Illinois Power Agency or by the Illinois Commerce |
3 | | Commission.
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4 | | (z) Information about students exempted from |
5 | | disclosure under Sections 10-20.38 or 34-18.29 of the |
6 | | School Code, and information about undergraduate students |
7 | | enrolled at an institution of higher education exempted |
8 | | from disclosure under Section 25 of the Illinois Credit |
9 | | Card Marketing Act of 2009. |
10 | | (aa) Information the disclosure of which is
exempted |
11 | | under the Viatical Settlements Act of 2009.
|
12 | | (bb) Records and information provided to a mortality |
13 | | review team and records maintained by a mortality review |
14 | | team appointed under the Department of Juvenile Justice |
15 | | Mortality Review Team Act. |
16 | | (cc) Information regarding interments, entombments, or |
17 | | inurnments of human remains that are submitted to the |
18 | | Cemetery Oversight Database under the Cemetery Care Act or |
19 | | the Cemetery Oversight Act, whichever is applicable. |
20 | | (dd) Correspondence and records (i) that may not be |
21 | | disclosed under Section 11-9 of the Illinois Public Aid |
22 | | Code or (ii) that pertain to appeals under Section 11-8 of |
23 | | the Illinois Public Aid Code. |
24 | | (ee) The names, addresses, or other personal |
25 | | information of persons who are minors and are also |
26 | | participants and registrants in programs of park |
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1 | | districts, forest preserve districts, conservation |
2 | | districts, recreation agencies, and special recreation |
3 | | associations. |
4 | | (ff) The names, addresses, or other personal |
5 | | information of participants and registrants in programs of |
6 | | park districts, forest preserve districts, conservation |
7 | | districts, recreation agencies, and special recreation |
8 | | associations where such programs are targeted primarily to |
9 | | minors. |
10 | | (gg) Confidential information described in Section |
11 | | 1-100 of the Illinois Independent Tax Tribunal Act of 2012. |
12 | | (hh) The report submitted to the State Board of |
13 | | Education by the School Security and Standards Task Force |
14 | | under item (8) of subsection (d) of Section 2-3.160 of the |
15 | | School Code and any information contained in that report. |
16 | | (ii) Records requested by persons committed to or |
17 | | detained by the Department of Human Services under the |
18 | | Sexually Violent Persons Commitment Act or committed to the |
19 | | Department of Corrections under the Sexually Dangerous |
20 | | Persons Act if those materials: (i) are available in the |
21 | | library of the facility where the individual is confined; |
22 | | (ii) include records from staff members' personnel files, |
23 | | staff rosters, or other staffing assignment information; |
24 | | or (iii) are available through an administrative request to |
25 | | the Department of Human Services or the Department of |
26 | | Corrections. |
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1 | | (jj) Confidential information described in Section |
2 | | 5-535 of the Civil Administrative Code of Illinois. |
3 | | (kk) The public body's credit card numbers, debit card |
4 | | numbers, bank account numbers, Federal Employer |
5 | | Identification Number, security code numbers, passwords, |
6 | | and similar account information, the disclosure of which |
7 | | could result in identity theft or impression or defrauding |
8 | | of a governmental entity or a person. |
9 | | (ll) (kk) Records concerning the work of the threat |
10 | | assessment team of a school district. |
11 | | (1.5) Any information exempt from disclosure under the |
12 | | Judicial Privacy Act shall be redacted from public records |
13 | | prior to disclosure under this Act and the Human Resources |
14 | | Employee Safety and Privacy Act . |
15 | | (2) A public record that is not in the possession of a |
16 | | public body but is in the possession of a party with whom the |
17 | | agency has contracted to perform a governmental function on |
18 | | behalf of the public body, and that directly relates to the |
19 | | governmental function and is not otherwise exempt under this |
20 | | Act, shall be considered a public record of the public body, |
21 | | for purposes of this Act. |
22 | | (3) This Section does not authorize withholding of |
23 | | information or limit the
availability of records to the public, |
24 | | except as stated in this Section or
otherwise provided in this |
25 | | Act.
|
26 | | (Source: P.A. 100-26, eff. 8-4-17; 100-201, eff. 8-18-17; |
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1 | | 100-732, eff. 8-3-18; 101-434, eff. 1-1-20; 101-452, eff. |
2 | | 1-1-20; 101-455, eff. 8-23-19; revised 9-27-19.) |
3 | | Section 105. The Election Code is amended by adding Section |
4 | | 10-10.3 as follows: |
5 | | (10 ILCS 5/10-10.3 new) |
6 | | Sec. 10-10.3. Removal of a human resources employee's |
7 | | address information from the certificate of nomination or |
8 | | nomination papers. |
9 | | (a) As used in this Section, "home address" and "human |
10 | | resources employee" have the meanings given to those terms in |
11 | | Section 5 of the Human Resources Employee Safety and Privacy |
12 | | Act. |
13 | | (b) Upon expiration of the period for filing an objection |
14 | | to a human resources employee's certificate of nomination or |
15 | | nomination papers, a human resources employee who is a |
16 | | candidate may file a written request with the State Board of |
17 | | Elections for redaction of the human resources employee's home |
18 | | address information from his or her certificate of nomination |
19 | | or nomination papers. After receipt of the human resources |
20 | | employee's written request, the State Board of Elections shall |
21 | | redact or cause redaction of the human resources employee's |
22 | | home address from his or her certificate of nomination or |
23 | | nomination papers within 5 business days. |
24 | | (c) Prior to expiration of the period for filing an |
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1 | | objection to a human resources employee's certificate of |
2 | | nomination or nomination papers, the home address information |
3 | | from the certificate of nomination or nomination papers of a |
4 | | human resources employee who is a candidate is available for |
5 | | public inspection. After redaction of a human resources |
6 | | employee's home address information under subsection (b), the |
7 | | home address information is only available for an in camera |
8 | | inspection by the court reviewing an objection to the human |
9 | | resources employee's certificate of nomination or nomination |
10 | | papers. |
11 | | Section 110. The Illinois Identification Card Act is |
12 | | amended by changing Sections 4 and 5 as follows:
|
13 | | (15 ILCS 335/4) (from Ch. 124, par. 24)
|
14 | | Sec. 4. Identification card.
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15 | | (a) The Secretary of State shall issue a
standard Illinois |
16 | | Identification Card to any natural person who is a resident
of |
17 | | the State of Illinois who applies for such card, or renewal |
18 | | thereof. No identification card shall be issued to any person |
19 | | who holds a valid
foreign state
identification card, license, |
20 | | or permit unless the person first surrenders to
the Secretary |
21 | | of
State the valid foreign state identification card, license, |
22 | | or permit. The card shall be prepared and
supplied by the |
23 | | Secretary of State and shall include a photograph and signature |
24 | | or mark of the
applicant. However, the Secretary of State may |
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1 | | provide by rule for the issuance of Illinois Identification |
2 | | Cards without photographs if the applicant has a bona fide |
3 | | religious objection to being photographed or to the display of |
4 | | his or her photograph. The Illinois Identification Card may be |
5 | | used for
identification purposes in any lawful situation only |
6 | | by the person to
whom it was issued.
As used in this Act, |
7 | | "photograph" means any color photograph or digitally
produced |
8 | | and captured image of an applicant for an identification card. |
9 | | As
used in this Act, "signature" means the name of a person as |
10 | | written by that
person and captured in a manner acceptable to |
11 | | the Secretary of State. |
12 | | (a-5) If an applicant for an identification card has a |
13 | | current driver's license or instruction permit issued by the |
14 | | Secretary of State, the Secretary may require the applicant to |
15 | | utilize the same residence address and name on the |
16 | | identification card, driver's license, and instruction permit |
17 | | records maintained by the Secretary. The Secretary may |
18 | | promulgate rules to implement this provision.
|
19 | | (a-10) If the applicant is a judicial officer as defined in |
20 | | Section 1-10 of the Judicial Privacy Act , a human resources |
21 | | employee as defined in Section 5 of the Human Resources |
22 | | Employee Safety and Privacy Act, or a peace officer, the |
23 | | applicant may elect to have his or her office or work address |
24 | | listed on the card instead of the applicant's residence or |
25 | | mailing address. The Secretary may promulgate rules to |
26 | | implement this provision. For the purposes of this subsection |
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1 | | (a-10), "peace officer" means any person who by virtue of his |
2 | | or her office or public employment is vested by law with a duty |
3 | | to maintain public order or to make arrests for a violation of |
4 | | any penal statute of this State, whether that duty extends to |
5 | | all violations or is limited to specific violations. |
6 | | (a-15) The Secretary of State may provide for an expedited |
7 | | process for the issuance of an Illinois Identification Card. |
8 | | The Secretary shall charge an additional fee for the expedited |
9 | | issuance of an Illinois Identification Card, to be set by rule, |
10 | | not to exceed $75. All fees collected by the Secretary for |
11 | | expedited Illinois Identification Card service shall be |
12 | | deposited into the Secretary of State Special Services Fund. |
13 | | The Secretary may adopt rules regarding the eligibility, |
14 | | process, and fee for an expedited Illinois Identification Card. |
15 | | If the Secretary of State determines that the volume of |
16 | | expedited identification card requests received on a given day |
17 | | exceeds the ability of the Secretary to process those requests |
18 | | in an expedited manner, the Secretary may decline to provide |
19 | | expedited services, and the additional fee for the expedited |
20 | | service shall be refunded to the applicant. |
21 | | (a-20) The Secretary of State shall issue a standard |
22 | | Illinois Identification Card to a committed person upon release |
23 | | on parole, mandatory supervised release, aftercare release, |
24 | | final discharge, or pardon from the Department of Corrections |
25 | | or Department of Juvenile Justice, if the released person |
26 | | presents a certified copy of his or her birth certificate, |
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1 | | social security card or other documents authorized by the |
2 | | Secretary, and 2 documents proving his or her Illinois |
3 | | residence address. Documents proving residence address may |
4 | | include any official document of the Department of Corrections |
5 | | or the Department of Juvenile Justice showing the released |
6 | | person's address after release and a Secretary of State |
7 | | prescribed certificate of residency form, which may be executed |
8 | | by Department of Corrections or Department of Juvenile Justice |
9 | | personnel. |
10 | | (a-25) The Secretary of State shall issue a limited-term |
11 | | Illinois Identification Card valid for 90 days to a committed |
12 | | person upon release on parole, mandatory supervised release, |
13 | | aftercare release, final discharge, or pardon from the |
14 | | Department of Corrections or Department of Juvenile Justice, if |
15 | | the released person is unable to present a certified copy of |
16 | | his or her birth certificate and social security card or other |
17 | | documents authorized by the Secretary, but does present a |
18 | | Secretary of State prescribed verification form completed by |
19 | | the Department of Corrections or Department of Juvenile |
20 | | Justice, verifying the released person's date of birth and |
21 | | social security number and 2 documents proving his or her |
22 | | Illinois residence address. The verification form must have |
23 | | been completed no more than 30 days prior to the date of |
24 | | application for the Illinois Identification Card. Documents |
25 | | proving residence address shall include any official document |
26 | | of the Department of Corrections or the Department of Juvenile |
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1 | | Justice showing the person's address after release and a |
2 | | Secretary of State prescribed certificate of residency, which |
3 | | may be executed by Department of Corrections or Department of |
4 | | Juvenile Justice personnel. |
5 | | Prior to the expiration of the 90-day period of the |
6 | | limited-term Illinois Identification Card, if the released |
7 | | person submits to the Secretary of State a certified copy of |
8 | | his or her birth certificate and his or her social security |
9 | | card or other documents authorized by the Secretary, a standard |
10 | | Illinois Identification Card shall be issued. A limited-term |
11 | | Illinois Identification Card may not be renewed. |
12 | | (a-30) The Secretary of State shall issue a standard |
13 | | Illinois Identification Card to a person upon conditional |
14 | | release or absolute discharge from the custody of the |
15 | | Department of Human Services, if the person presents a |
16 | | certified copy of his or her birth certificate, social security |
17 | | card, or other documents authorized by the Secretary, and a |
18 | | document proving his or her Illinois residence address. The |
19 | | Secretary of State shall issue a standard Illinois |
20 | | Identification Card to a person no sooner than 14 days prior to |
21 | | his or her conditional release or absolute discharge if |
22 | | personnel from the Department of Human Services bring the |
23 | | person to a Secretary of State location with the required |
24 | | documents. Documents proving residence address may include any |
25 | | official document of the Department of Human Services showing |
26 | | the person's address after release and a Secretary of State |
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1 | | prescribed verification form, which may be executed by |
2 | | personnel of the Department of Human Services. |
3 | | (a-35) The Secretary of State shall issue a limited-term |
4 | | Illinois Identification Card valid for 90 days to a person upon |
5 | | conditional release or absolute discharge from the custody of |
6 | | the Department of Human Services, if the person is unable to |
7 | | present a certified copy of his or her birth certificate and |
8 | | social security card or other documents authorized by the |
9 | | Secretary, but does present a Secretary of State prescribed |
10 | | verification form completed by the Department of Human |
11 | | Services, verifying the person's date of birth and social |
12 | | security number, and a document proving his or her Illinois |
13 | | residence address. The verification form must have been |
14 | | completed no more than 30 days prior to the date of application |
15 | | for the Illinois Identification Card. The Secretary of State |
16 | | shall issue a limited-term Illinois Identification Card to a |
17 | | person no sooner than 14 days prior to his or her conditional |
18 | | release or absolute discharge if personnel from the Department |
19 | | of Human Services bring the person to a Secretary of State |
20 | | location with the required documents. Documents proving |
21 | | residence address shall include any official document of the |
22 | | Department of Human Services showing the person's address after |
23 | | release and a Secretary of State prescribed verification form, |
24 | | which may be executed
by personnel of the Department of Human |
25 | | Services. |
26 | | (b) The Secretary of State shall issue a special Illinois
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1 | | Identification Card, which shall be known as an Illinois Person |
2 | | with a Disability
Identification Card, to any natural person |
3 | | who is a resident of the State
of Illinois, who is a person |
4 | | with a disability as defined in Section 4A of this Act,
who |
5 | | applies for such card, or renewal thereof. No Illinois Person |
6 | | with a Disability Identification Card shall be issued to any |
7 | | person who
holds a valid
foreign state identification card, |
8 | | license, or permit unless the person first
surrenders to the
|
9 | | Secretary of State the valid foreign state identification card, |
10 | | license, or
permit. The Secretary of State
shall charge no fee |
11 | | to issue such card. The card shall be prepared and
supplied by |
12 | | the Secretary of State, and shall include a photograph and |
13 | | signature or mark of the
applicant, a designation indicating |
14 | | that the card is an Illinois
Person with a Disability |
15 | | Identification Card, and shall include a comprehensible |
16 | | designation
of the type and classification of the applicant's |
17 | | disability as set out in
Section 4A of this Act. However, the |
18 | | Secretary of State may provide by rule for the issuance of |
19 | | Illinois Person with a Disability Identification Cards without |
20 | | photographs if the applicant has a bona fide religious |
21 | | objection to being photographed or to the display of his or her |
22 | | photograph. If the applicant so requests, the card shall
|
23 | | include a description of the applicant's disability and any |
24 | | information
about the applicant's disability or medical |
25 | | history which the Secretary
determines would be helpful to the |
26 | | applicant in securing emergency medical
care. If a mark is used |
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1 | | in lieu of a signature, such mark
shall be affixed to the card |
2 | | in the presence of two witnesses who attest to
the authenticity |
3 | | of the mark. The Illinois
Person with a Disability |
4 | | Identification Card may be used for identification purposes
in |
5 | | any lawful situation by the person to whom it was issued.
|
6 | | The Illinois Person with a Disability Identification Card |
7 | | may be used as adequate
documentation of disability in lieu of |
8 | | a physician's determination of
disability, a determination of |
9 | | disability from a physician assistant, a determination of |
10 | | disability from an advanced practice registered
nurse, or any
|
11 | | other documentation
of disability whenever
any
State law
|
12 | | requires that a person with a disability provide such |
13 | | documentation of disability,
however an Illinois Person with a |
14 | | Disability Identification Card shall not qualify
the |
15 | | cardholder to participate in any program or to receive any |
16 | | benefit
which is not available to all persons with like |
17 | | disabilities.
Notwithstanding any other provisions of law, an |
18 | | Illinois Person with a Disability
Identification Card, or |
19 | | evidence that the Secretary of State has issued an
Illinois |
20 | | Person with a Disability Identification Card, shall not be used |
21 | | by any
person other than the person named on such card to prove |
22 | | that the person
named on such card is a person with a |
23 | | disability or for any other purpose unless the
card is used for |
24 | | the benefit of the person named on such card, and the
person |
25 | | named on such card consents to such use at the time the card is |
26 | | so used.
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1 | | An optometrist's determination of a visual disability |
2 | | under Section 4A of this Act is acceptable as documentation for |
3 | | the purpose of issuing an Illinois Person with a Disability |
4 | | Identification Card. |
5 | | When medical information is contained on an Illinois Person |
6 | | with a Disability
Identification Card, the Office of the |
7 | | Secretary of State shall not be
liable for any actions taken |
8 | | based upon that medical information.
|
9 | | (c) The Secretary of State shall provide
that each original |
10 | | or renewal Illinois Identification Card or Illinois
Person with |
11 | | a Disability Identification Card issued to a person under the |
12 | | age of 21
shall be of a distinct nature from those Illinois |
13 | | Identification Cards or
Illinois Person with a Disability |
14 | | Identification Cards issued to individuals 21
years of age or |
15 | | older. The color designated for Illinois Identification
Cards |
16 | | or Illinois Person with a Disability Identification Cards for |
17 | | persons under
the age of 21 shall be at the discretion of the |
18 | | Secretary of State.
|
19 | | (c-1) Each original or renewal Illinois
Identification |
20 | | Card or Illinois Person with a Disability Identification Card |
21 | | issued to
a person under the age of 21 shall display the date |
22 | | upon which the person
becomes 18 years of age and the date upon |
23 | | which the person becomes 21 years of
age.
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24 | | (c-3) The General Assembly recognizes the need to identify |
25 | | military veterans living in this State for the purpose of |
26 | | ensuring that they receive all of the services and benefits to |
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1 | | which they are legally entitled, including healthcare, |
2 | | education assistance, and job placement. To assist the State in |
3 | | identifying these veterans and delivering these vital services |
4 | | and benefits, the Secretary of State is authorized to issue |
5 | | Illinois Identification Cards and Illinois Person with a |
6 | | Disability Identification Cards with the word "veteran" |
7 | | appearing on the face of the cards. This authorization is |
8 | | predicated on the unique status of veterans. The Secretary may |
9 | | not issue any other identification card which identifies an |
10 | | occupation, status, affiliation, hobby, or other unique |
11 | | characteristics of the identification card holder which is |
12 | | unrelated to the purpose of the identification card.
|
13 | | (c-5) Beginning on or before July 1, 2015, the Secretary of |
14 | | State shall designate a space on each original or renewal |
15 | | identification card where, at the request of the applicant, the |
16 | | word "veteran" shall be placed. The veteran designation shall |
17 | | be available to a person identified as a veteran under |
18 | | subsection (b) of Section 5 of this Act who was discharged or |
19 | | separated under honorable conditions. |
20 | | (d) The Secretary of State may issue a Senior Citizen
|
21 | | discount card, to any natural person who is a resident of the |
22 | | State of
Illinois who is 60 years of age or older and who |
23 | | applies for such a card or
renewal thereof. The Secretary of |
24 | | State shall charge no fee to issue such
card. The card shall be |
25 | | issued in every county and applications shall be
made available |
26 | | at, but not limited to, nutrition sites, senior citizen
centers |
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1 | | and Area Agencies on Aging. The applicant, upon receipt of such
|
2 | | card and prior to its use for any purpose, shall have affixed |
3 | | thereon in
the space provided therefor his signature or mark.
|
4 | | (e) The Secretary of State, in his or her discretion, may |
5 | | designate on each Illinois
Identification Card or Illinois |
6 | | Person with a Disability Identification Card a space where the |
7 | | card holder may place a sticker or decal, issued by the |
8 | | Secretary of State, of uniform size as the Secretary may |
9 | | specify, that shall indicate in appropriate language that the |
10 | | card holder has renewed his or her Illinois
Identification Card |
11 | | or Illinois Person with a Disability Identification Card. |
12 | | (Source: P.A. 99-143, eff. 7-27-15; 99-173, eff. 7-29-15; |
13 | | 99-305, eff. 1-1-16; 99-642, eff. 7-28-16; 99-907, eff. 7-1-17; |
14 | | 100-513, eff. 1-1-18; 100-717, eff. 7-1-19 .)
|
15 | | (15 ILCS 335/5) (from Ch. 124, par. 25)
|
16 | | Sec. 5. Applications. |
17 | | (a) Any natural person who is a resident of the
State of |
18 | | Illinois may file an application for an identification card, or |
19 | | for
the renewal thereof, in a manner prescribed by the |
20 | | Secretary. Each original application
shall be completed by the |
21 | | applicant in full and shall set forth the legal
name,
residence |
22 | | address and zip code, social security number, birth date, sex |
23 | | and
a brief
description of the applicant. The applicant shall |
24 | | be photographed, unless the Secretary of State has provided by |
25 | | rule for the issuance of identification cards without |
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1 | | photographs and the applicant is deemed eligible for an |
2 | | identification card without a photograph under the terms and |
3 | | conditions imposed by the Secretary of State, and he
or she |
4 | | shall also submit any other information as the Secretary may |
5 | | deem necessary
or such documentation as the Secretary may |
6 | | require to determine the
identity of the applicant. In addition |
7 | | to the residence address, the Secretary may allow the applicant |
8 | | to provide a mailing address. If the applicant is a judicial |
9 | | officer as defined in Section 1-10 of the Judicial Privacy Act , |
10 | | a human resources employee as defined in Section 5 of the Human |
11 | | Resources Employee Safety and Privacy Act, or a peace officer, |
12 | | the applicant may elect to have his or her office or work |
13 | | address in lieu of the applicant's residence or mailing |
14 | | address. An applicant for an Illinois Person with a Disability |
15 | | Identification Card must
also submit with each original or |
16 | | renewal application, on forms prescribed
by the Secretary, such |
17 | | documentation as the Secretary may require,
establishing that |
18 | | the applicant is a "person with a disability" as defined in
|
19 | | Section 4A of this Act, and setting forth the applicant's type |
20 | | and class of
disability as set forth in Section 4A of this Act.
|
21 | | For the purposes of this subsection (a), "peace officer" means |
22 | | any person who by virtue of his or her office or public |
23 | | employment is vested by law with a duty to maintain public |
24 | | order or to make arrests for a violation of any penal statute |
25 | | of this State, whether that duty extends to all violations or |
26 | | is limited to specific violations.
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1 | | (a-5) Upon the first issuance of a request for proposals |
2 | | for a digital driver's license and identification card issuance |
3 | | and facial recognition system issued after January 1, 2020 ( the |
4 | | effective date of Public Act 101-513) this amendatory Act of |
5 | | the 101st General Assembly , and upon implementation of a new or |
6 | | revised system procured pursuant to that request for proposals, |
7 | | the Secretary shall permit applicants to choose between "male", |
8 | | "female", or "non-binary" when designating the applicant's sex |
9 | | on the identification card application form. The sex designated |
10 | | by the applicant shall be displayed on the identification card |
11 | | issued to the applicant. |
12 | | (b) Beginning on or before July 1, 2015, for each original |
13 | | or renewal identification card application under this Act, the |
14 | | Secretary shall inquire as to whether the applicant is a |
15 | | veteran for purposes of issuing an identification card with a |
16 | | veteran designation under subsection (c-5) of Section 4 of this |
17 | | Act. The acceptable forms of proof shall include, but are not |
18 | | limited to, Department of Defense form DD-214, Department of |
19 | | Defense form DD-256 for applicants who did not receive a form |
20 | | DD-214 upon the completion of initial basic training, |
21 | | Department of Defense form DD-2 (Retired), an identification |
22 | | card issued under the federal Veterans Identification Card Act |
23 | | of 2015, or a United States Department of Veterans Affairs |
24 | | summary of benefits letter. If the document cannot be stamped, |
25 | | the Illinois Department of Veterans' Affairs shall provide a |
26 | | certificate to the veteran to provide to the Secretary of |
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1 | | State. The Illinois Department of Veterans' Affairs shall |
2 | | advise the Secretary as to what other forms of proof of a |
3 | | person's status as a veteran are acceptable. |
4 | | For each applicant who is issued an identification card |
5 | | with a veteran designation, the Secretary shall provide the |
6 | | Department of Veterans' Affairs with the applicant's name, |
7 | | address, date of birth, gender, and such other demographic |
8 | | information as agreed to by the Secretary and the Department. |
9 | | The Department may take steps necessary to confirm the |
10 | | applicant is a veteran. If after due diligence, including |
11 | | writing to the applicant at the address provided by the |
12 | | Secretary, the Department is unable to verify the applicant's |
13 | | veteran status, the Department shall inform the Secretary, who |
14 | | shall notify the applicant that he or she must confirm status |
15 | | as a veteran, or the identification card will be cancelled. |
16 | | For purposes of this subsection (b): |
17 | | "Armed forces" means any of the Armed Forces of the United |
18 | | States, including a member of any reserve component or National |
19 | | Guard unit. |
20 | | "Veteran" means a person who has served in the armed forces |
21 | | and was discharged or separated under honorable conditions. |
22 | | (c) All applicants for REAL ID compliant standard Illinois |
23 | | Identification Cards and Illinois Person with a Disability |
24 | | Identification Cards shall provide proof of lawful status in |
25 | | the United States as defined in 6 CFR 37.3, as amended. |
26 | | Applicants who are unable to provide the Secretary with proof |
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1 | | of lawful status are ineligible for REAL ID compliant |
2 | | identification cards under this Act. |
3 | | (Source: P.A. 100-201, eff. 8-18-17; 100-248, eff. 8-22-17; |
4 | | 100-811, eff. 1-1-19; 101-106, eff. 1-1-20; 101-287, eff. |
5 | | 8-9-19; 101-513, eff. 1-1-20; revised 9-25-19.)
|
6 | | Section 115. The Illinois Vehicle Code is amended by |
7 | | changing Sections 3-405, 6-106, and 6-110 as follows:
|
8 | | (625 ILCS 5/3-405) (from Ch. 95 1/2, par. 3-405)
|
9 | | Sec. 3-405. Application for registration.
|
10 | | (a) Every owner of a vehicle subject to registration under |
11 | | this Code shall
make application to the Secretary of State for |
12 | | the registration of such
vehicle upon the appropriate form or |
13 | | forms furnished by the Secretary.
Every such application shall |
14 | | bear the signature of the owner
written with pen and ink and |
15 | | contain:
|
16 | | 1. The name, domicile address, as defined in Section |
17 | | 1-115.5 of this Code, (except as otherwise provided in this
|
18 | | paragraph 1), mail address of the owner or
business address |
19 | | of the owner if a firm, association, or corporation, and, |
20 | | if available, email address of the owner. If
the mailing |
21 | | address is a post office box number, the address listed on |
22 | | the
driver license record may be used to verify residence.
|
23 | | A police officer, a deputy sheriff, an elected sheriff, a |
24 | | law enforcement
officer for the Department of State Police, |
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1 | | a fire investigator, a state's attorney, an assistant |
2 | | state's attorney, a state's attorney special investigator, |
3 | | a human resources employee, or a judicial officer may elect |
4 | | to
furnish
the address of the headquarters of the |
5 | | governmental entity, police district, or business address
|
6 | | where he or she
works instead of his or her domicile |
7 | | address, in which case that address shall
be deemed to be |
8 | | his or her domicile address for all purposes under this
|
9 | | Chapter 3.
The spouse and children of a person who may |
10 | | elect under this paragraph 1 to
furnish the address of the |
11 | | headquarters of the government entity, police
district, or |
12 | | business address where the person works instead of the |
13 | | person's domicile address may,
if they reside with that |
14 | | person, also elect to furnish the address of the
|
15 | | headquarters of the government entity, police district, or |
16 | | business address where the person works
as their domicile |
17 | | address, in which case that address shall be deemed to be
|
18 | | their domicile address for all purposes under this Chapter |
19 | | 3.
In this paragraph 1: (A)
"police officer" has the |
20 | | meaning ascribed to "policeman" in Section 10-3-1 of
the |
21 | | Illinois Municipal Code; (B) "deputy sheriff" means a |
22 | | deputy sheriff
appointed under Section 3-6008 of the |
23 | | Counties Code; (C) "elected sheriff"
means a sheriff |
24 | | commissioned pursuant to Section 3-6001 of the Counties |
25 | | Code;
(D) "fire
investigator" means a person classified as |
26 | | a peace officer under the Peace
Officer Fire Investigation |
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1 | | Act; (E) "state's attorney", "assistant state's attorney", |
2 | | and "state's attorney special investigator" mean a state's |
3 | | attorney, assistant state's attorney, and state's attorney |
4 | | special investigator commissioned or appointed under |
5 | | Division 3-9 of the Counties Code; and (F) "judicial |
6 | | officer" has the meaning ascribed to it in Section 1-10 of |
7 | | the Judicial Privacy Act ; and (G) "human resources |
8 | | employee" has the meaning ascribed to it in Section 5 of |
9 | | the Human Resources Employee Safety and Privacy Act .
|
10 | | 2. A description of the vehicle, including such |
11 | | information as is
required in an application for a |
12 | | certificate of title, determined under such
standard |
13 | | rating as may be prescribed by the Secretary.
|
14 | | 3. (Blank).
|
15 | | 4. Such further information as may reasonably be |
16 | | required by the
Secretary to enable him to determine |
17 | | whether the vehicle is
lawfully entitled to registration |
18 | | and the owner entitled to a certificate
of title.
|
19 | | 5. An affirmation by the applicant that all information |
20 | | set forth is
true and correct. If the
application is for |
21 | | the registration of a motor vehicle, the applicant also
|
22 | | shall affirm that the motor vehicle is insured as required |
23 | | by this Code,
that such insurance will be maintained |
24 | | throughout the period for which the
motor vehicle shall be |
25 | | registered, and that neither the owner, nor any
person |
26 | | operating the motor vehicle with the owner's permission, |
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1 | | shall
operate the motor vehicle unless the required |
2 | | insurance is in effect. If
the person signing the |
3 | | affirmation is not the sole owner of the vehicle,
such |
4 | | person shall be deemed to have affirmed on behalf of all |
5 | | the owners of
the vehicle. If the person signing the |
6 | | affirmation is not an owner of the
vehicle, such person |
7 | | shall be deemed to have affirmed on behalf of the
owner or |
8 | | owners of the vehicle. The lack of signature on the |
9 | | application
shall not in any manner exempt the owner or |
10 | | owners from any provisions,
requirements or penalties of |
11 | | this Code.
|
12 | | (b) When such application refers to a new vehicle purchased |
13 | | from a
dealer the application shall be accompanied by a |
14 | | Manufacturer's Statement
of Origin from the dealer, and a |
15 | | statement showing any lien retained by the
dealer.
|
16 | | (Source: P.A. 100-145, eff. 1-1-18 .)
|
17 | | (625 ILCS 5/6-106) (from Ch. 95 1/2, par. 6-106)
|
18 | | Sec. 6-106. Application for license or instruction permit.
|
19 | | (a) Every application for any permit or license authorized |
20 | | to be issued
under this Code shall be made upon a form |
21 | | furnished by the Secretary of
State. Every application shall be |
22 | | accompanied by the proper fee and payment
of such fee shall |
23 | | entitle the applicant to not more than 3 attempts to pass
the |
24 | | examination within a period of one year after the date of |
25 | | application.
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1 | | (b) Every application shall state the legal name, social |
2 | | security
number, zip
code, date of birth, sex, and residence |
3 | | address of the applicant; briefly
describe the applicant; state |
4 | | whether the applicant has theretofore been
licensed as a |
5 | | driver, and, if so, when and by what state or country, and
|
6 | | whether any such license has ever been cancelled, suspended, |
7 | | revoked or
refused, and, if so, the date and reason for such |
8 | | cancellation, suspension,
revocation or refusal; shall include |
9 | | an affirmation by the applicant that
all information set forth |
10 | | is true and correct; and shall bear the
applicant's signature. |
11 | | In addition to the residence address, the Secretary may allow |
12 | | the applicant to provide a mailing address. In the case of an |
13 | | applicant who is a judicial officer , human resources employee, |
14 | | or peace officer, the Secretary may allow the applicant to |
15 | | provide an office or work address in lieu of a residence or |
16 | | mailing address. The application form may
also require the |
17 | | statement of such additional relevant information as the
|
18 | | Secretary of State shall deem necessary to determine the |
19 | | applicant's
competency and eligibility. The Secretary of State |
20 | | may, in his
discretion, by rule or regulation, provide that an |
21 | | application for a
drivers license or permit may include a |
22 | | suitable photograph of the
applicant in the
form prescribed by |
23 | | the Secretary, and he may further provide that each
drivers |
24 | | license shall include a photograph of the driver. The Secretary |
25 | | of
State may utilize a photograph process or system most |
26 | | suitable to deter
alteration or improper reproduction of a |
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1 | | drivers license and to prevent
substitution of another photo |
2 | | thereon.
For the purposes of this subsection (b) : , |
3 | | "Human resources employee" has the meaning ascribed to it |
4 | | in Section 5 of the Human Resources Employee Safety and Privacy |
5 | | Act. |
6 | | " Peace peace officer" means any person who by virtue of his |
7 | | or her office or public employment is vested by law with a duty |
8 | | to maintain public order or to make arrests for a violation of |
9 | | any penal statute of this State, whether that duty extends to |
10 | | all violations or is limited to specific violations.
|
11 | | (b-3) Upon the first issuance of a request for proposals |
12 | | for a digital driver's license and identification card issuance |
13 | | and facial recognition system issued after January 1, 2020 ( the |
14 | | effective date of Public Act 101-513) this amendatory Act of |
15 | | the 101st General Assembly , and upon implementation of a new or |
16 | | revised system procured pursuant to that request for proposals, |
17 | | the Secretary shall permit applicants to choose between "male", |
18 | | "female" or "non-binary" when designating the applicant's sex |
19 | | on the driver's license application form. The sex designated by |
20 | | the applicant shall be displayed on the driver's license issued |
21 | | to the applicant. |
22 | | (b-5) Every applicant for a REAL ID compliant driver's |
23 | | license or permit shall provide proof of lawful status in the |
24 | | United States as defined in 6 CFR 37.3, as amended. Applicants |
25 | | who are unable to provide the Secretary with proof of lawful |
26 | | status may apply for a driver's license or permit under Section |
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1 | | 6-105.1 of this Code. |
2 | | (c) The application form shall include a notice to the |
3 | | applicant of the
registration obligations of sex offenders |
4 | | under the Sex Offender Registration
Act. The notice shall be |
5 | | provided in a form and manner prescribed by the
Secretary of |
6 | | State. For purposes of this subsection (c), "sex offender" has
|
7 | | the meaning ascribed to it in Section 2 of the Sex Offender |
8 | | Registration Act.
|
9 | | (d) Any male United States citizen or immigrant who applies |
10 | | for any
permit or
license authorized to be issued under this |
11 | | Code or for a renewal of any permit
or
license,
and who is at |
12 | | least 18 years of age but less than 26 years of age, must be
|
13 | | registered in compliance with the requirements of the federal |
14 | | Military
Selective
Service Act.
The Secretary of State must |
15 | | forward in an electronic format the necessary
personal |
16 | | information regarding the applicants identified in this |
17 | | subsection (d)
to
the Selective Service System. The applicant's |
18 | | signature on the application
serves
as an indication that the |
19 | | applicant either has already registered with the
Selective
|
20 | | Service System or that he is authorizing the Secretary to |
21 | | forward to the
Selective
Service System the necessary |
22 | | information for registration. The Secretary must
notify the |
23 | | applicant at the time of application that his signature |
24 | | constitutes
consent to registration with the Selective Service |
25 | | System, if he is not already
registered.
|
26 | | (e) Beginning on or before July 1, 2015, for each original |
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1 | | or renewal driver's license application under this Code, the |
2 | | Secretary shall inquire as to whether the applicant is a |
3 | | veteran for purposes of issuing a driver's license with a |
4 | | veteran designation under subsection (e-5) of Section 6-110 of |
5 | | this Code. The acceptable forms of proof shall include, but are |
6 | | not limited to, Department of Defense form DD-214, Department |
7 | | of Defense form DD-256 for applicants who did not receive a |
8 | | form DD-214 upon the completion of initial basic training, |
9 | | Department of Defense form DD-2 (Retired), an identification |
10 | | card issued under the federal Veterans Identification Card Act |
11 | | of 2015, or a United States Department of Veterans Affairs |
12 | | summary of benefits letter. If the document cannot be stamped, |
13 | | the Illinois Department of Veterans' Affairs shall provide a |
14 | | certificate to the veteran to provide to the Secretary of |
15 | | State. The Illinois Department of Veterans' Affairs shall |
16 | | advise the Secretary as to what other forms of proof of a |
17 | | person's status as a veteran are acceptable. |
18 | | For each applicant who is issued a driver's license with a |
19 | | veteran designation, the Secretary shall provide the |
20 | | Department of Veterans' Affairs with the applicant's name, |
21 | | address, date of birth, gender and such other demographic |
22 | | information as agreed to by the Secretary and the Department. |
23 | | The Department may take steps necessary to confirm the |
24 | | applicant is a veteran. If after due diligence, including |
25 | | writing to the applicant at the address provided by the |
26 | | Secretary, the Department is unable to verify the applicant's |
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1 | | veteran status, the Department shall inform the Secretary, who |
2 | | shall notify the applicant that the he or she must confirm |
3 | | status as a veteran, or the driver's license will be cancelled. |
4 | | For purposes of this subsection (e): |
5 | | "Armed forces" means any of the Armed Forces of the United |
6 | | States, including a member of any reserve component or National |
7 | | Guard unit. |
8 | | "Veteran" means a person who has served in the armed forces |
9 | | and was discharged or separated under honorable conditions. |
10 | | (Source: P.A. 100-201, eff. 8-18-17; 100-248, eff. 8-22-17; |
11 | | 100-811, eff. 1-1-19; 101-106, eff. 1-1-20; 101-287, eff. |
12 | | 8-9-19; 101-513, eff. 1-1-20; revised 9-23-19.)
|
13 | | (625 ILCS 5/6-110) (from Ch. 95 1/2, par. 6-110)
|
14 | | Sec. 6-110. Licenses issued to drivers.
|
15 | | (a) The Secretary of State shall issue to every qualifying |
16 | | applicant a
driver's license as applied for, which license |
17 | | shall bear a
distinguishing
number assigned to the licensee, |
18 | | the legal name,
signature, zip
code, date of birth, residence |
19 | | address, and a brief description of the
licensee.
|
20 | | Licenses issued shall also indicate the classification and
|
21 | | the restrictions under Section 6-104 of this Code.
The |
22 | | Secretary may adopt rules to establish informational |
23 | | restrictions that can be placed on the driver's license |
24 | | regarding specific conditions of the licensee.
|
25 | | A driver's license issued may, in the discretion of the |
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1 | | Secretary,
include a suitable photograph of a type prescribed |
2 | | by the Secretary.
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3 | | (a-1) If the licensee is less than 18 years of age, unless |
4 | | one of the exceptions in subsection (a-2) apply, the license |
5 | | shall, as a matter of law, be invalid for the operation of any |
6 | | motor vehicle during the following times: |
7 | | (A) Between 11:00 p.m. Friday and 6:00 a.m. Saturday; |
8 | | (B) Between 11:00 p.m. Saturday and 6:00 a.m. on |
9 | | Sunday; and |
10 | | (C) Between 10:00 p.m. on Sunday to Thursday, |
11 | | inclusive, and 6:00 a.m. on the following day. |
12 | | (a-2) The driver's license of a person under the age of 18 |
13 | | shall not be invalid as described in subsection (a-1) of this |
14 | | Section if the licensee under the age of 18 was: |
15 | | (1) accompanied by the licensee's parent or guardian or |
16 | | other person in custody or control of the minor; |
17 | | (2) on an errand at the direction of the minor's parent |
18 | | or guardian, without any detour or stop; |
19 | | (3) in a motor vehicle involved in interstate travel; |
20 | | (4) going to or returning home from an employment |
21 | | activity, without any detour or stop; |
22 | | (5) involved in an emergency; |
23 | | (6) going to or returning home from, without any detour |
24 | | or stop, an official school, religious, or other |
25 | | recreational activity supervised by adults and sponsored |
26 | | by a government or governmental agency, a civic |
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1 | | organization, or another similar entity that takes |
2 | | responsibility for the licensee, without any detour or |
3 | | stop; |
4 | | (7) exercising First Amendment rights protected by the |
5 | | United States Constitution, such as the free exercise of |
6 | | religion, freedom of speech, and the right of assembly; or |
7 | | (8) married or had been married or is an emancipated |
8 | | minor under the Emancipation of Minors Act. |
9 | | (a-2.5) The driver's license of a person who is 17 years of |
10 | | age and has been licensed for at least 12 months is not invalid |
11 | | as described in subsection (a-1) of this Section while the |
12 | | licensee is participating as an assigned driver in a Safe Rides |
13 | | program that meets the following criteria: |
14 | | (1) the program is sponsored by the Boy Scouts of |
15 | | America or another national public service organization; |
16 | | and |
17 | | (2) the sponsoring organization carries liability |
18 | | insurance covering the program. |
19 | | (a-3) If a graduated driver's license holder over the age |
20 | | of 18 committed an offense against traffic regulations |
21 | | governing the movement of vehicles or any violation of Section |
22 | | 6-107 or Section 12-603.1 of this Code in the 6 months prior to |
23 | | the graduated driver's license holder's 18th birthday, and was |
24 | | subsequently convicted of the offense, the provisions of |
25 | | subsection (a-1) shall continue to apply until such time as a |
26 | | period of 6 consecutive months has elapsed without an |
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1 | | additional violation and subsequent conviction of an offense |
2 | | against traffic regulations governing the movement of vehicles |
3 | | or Section 6-107 or Section 12-603.1 of this Code.
|
4 | | (a-4) If an applicant for a driver's license or instruction |
5 | | permit has a current identification card issued by the |
6 | | Secretary of State, the Secretary may require the applicant to |
7 | | utilize the same residence address and name on the |
8 | | identification card, driver's license, and instruction permit |
9 | | records maintained by the Secretary. The Secretary may |
10 | | promulgate rules to implement this provision. |
11 | | (a-5) If an applicant for a driver's license is a judicial |
12 | | officer , a human resources employee, or a peace officer, the |
13 | | applicant may elect to have his or her office or work address |
14 | | listed on the license instead of the applicant's residence or |
15 | | mailing address. The Secretary of State shall adopt rules to |
16 | | implement this subsection (a-5). For the purposes of this |
17 | | subsection (a-5) : , |
18 | | "Human resources employee" has the meaning ascribed to it |
19 | | in Section 5 of the Human Resources Employee Safety and Privacy |
20 | | Act. |
21 | | " Peace peace officer" means any person who by virtue of his |
22 | | or her office or public employment is vested by law with a duty |
23 | | to maintain public order or to make arrests for a violation of |
24 | | any penal statute of this State, whether that duty extends to |
25 | | all violations or is limited to specific violations. |
26 | | (b) Until the Secretary of State establishes a First Person |
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1 | | Consent organ and tissue donor registry under Section 6-117 of |
2 | | this Code, the Secretary of State shall provide a format on the |
3 | | reverse of
each driver's license issued which the licensee may |
4 | | use to execute a document
of gift conforming to the provisions |
5 | | of the Illinois Anatomical Gift Act.
The format shall allow the |
6 | | licensee to indicate the gift intended, whether
specific |
7 | | organs, any organ, or the entire body, and shall accommodate |
8 | | the
signatures of the donor and 2 witnesses. The Secretary |
9 | | shall also inform
each applicant or licensee of this format, |
10 | | describe the procedure for its
execution, and may offer the |
11 | | necessary witnesses; provided that in so doing,
the Secretary |
12 | | shall advise the applicant or licensee that he or she is
under |
13 | | no compulsion to execute a document of gift. A brochure
|
14 | | explaining this method of executing an anatomical gift document |
15 | | shall be given
to each applicant or licensee. The brochure |
16 | | shall advise the applicant or
licensee that he or she is under |
17 | | no compulsion to execute a document of
gift, and that he or she |
18 | | may wish to consult with family, friends or clergy
before doing |
19 | | so. The Secretary of State may undertake additional efforts,
|
20 | | including education and awareness activities, to promote organ |
21 | | and tissue
donation.
|
22 | | (c) The Secretary of State shall designate on each driver's |
23 | | license issued
a space where the licensee may place a sticker |
24 | | or decal of the uniform
size as the Secretary may specify, |
25 | | which sticker or decal may indicate in
appropriate language |
26 | | that the owner of the license carries an Emergency
Medical |
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1 | | Information Card.
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2 | | The sticker may be provided by any person, hospital, |
3 | | school,
medical group, or association interested in assisting |
4 | | in implementing
the Emergency Medical Information Card, but |
5 | | shall meet the specifications
as the Secretary may by rule or |
6 | | regulation require.
|
7 | | (d) The Secretary of State shall designate on each driver's |
8 | | license issued
a space where the licensee may indicate his |
9 | | blood type and RH factor.
|
10 | | (e) The Secretary of State shall provide
that each original |
11 | | or renewal driver's license issued to a licensee under
21 years |
12 | | of age shall be of a distinct nature from those driver's |
13 | | licenses
issued to individuals 21 years of age and older. The |
14 | | color designated for
driver's licenses for licensees under 21 |
15 | | years of age shall be at the
discretion of the Secretary of |
16 | | State.
|
17 | | (e-1) The Secretary shall provide that each driver's |
18 | | license issued to a
person under the age of 21 displays the |
19 | | date upon which the person becomes 18
years of age and the date |
20 | | upon which the person becomes 21 years of age.
|
21 | | (e-3) The General Assembly recognizes the need to identify |
22 | | military veterans living in this State for the purpose of |
23 | | ensuring that they receive all of the services and benefits to |
24 | | which they are legally entitled, including healthcare, |
25 | | education assistance, and job placement. To assist the State in |
26 | | identifying these veterans and delivering these vital services |
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1 | | and benefits, the Secretary of State is authorized to issue |
2 | | drivers' licenses with the word "veteran" appearing on the face |
3 | | of the licenses. This authorization is predicated on the unique |
4 | | status of veterans. The Secretary may not issue any other |
5 | | driver's license which identifies an occupation, status, |
6 | | affiliation, hobby, or other unique characteristics of the |
7 | | license holder which is unrelated to the purpose of the |
8 | | driver's license. |
9 | | (e-5) Beginning on or before July 1, 2015, the Secretary of |
10 | | State shall designate a space on each original or renewal |
11 | | driver's license where, at the request of the applicant, the |
12 | | word "veteran" shall be placed. The veteran designation shall |
13 | | be available to a person identified as a veteran under |
14 | | subsection (e) of Section 6-106 of this Code who was discharged |
15 | | or separated under honorable conditions. |
16 | | (f) The Secretary of State shall inform all Illinois |
17 | | licensed
commercial motor vehicle operators of the |
18 | | requirements of the Uniform
Commercial Driver License Act, |
19 | | Article V of this Chapter, and shall make
provisions to insure |
20 | | that all drivers, seeking to obtain a commercial
driver's |
21 | | license, be afforded an opportunity prior to April 1, 1992, to
|
22 | | obtain the license. The Secretary is authorized to extend
|
23 | | driver's license expiration dates, and assign specific times, |
24 | | dates and
locations where these commercial driver's tests shall |
25 | | be conducted. Any
applicant, regardless of the current |
26 | | expiration date of the applicant's
driver's license, may be |
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1 | | subject to any assignment by the Secretary.
Failure to comply |
2 | | with the Secretary's assignment may result in the
applicant's |
3 | | forfeiture of an opportunity to receive a commercial driver's
|
4 | | license prior to April 1, 1992.
|
5 | | (g) The Secretary of State shall designate on a
driver's |
6 | | license issued, a space where the licensee may indicate that he |
7 | | or
she has drafted a living will in accordance with the |
8 | | Illinois Living Will
Act or a durable power of attorney for |
9 | | health care in accordance with the
Illinois Power of Attorney |
10 | | Act.
|
11 | | (g-1) The Secretary of State, in his or her discretion, may |
12 | | designate on
each driver's license issued a space where the |
13 | | licensee may place a sticker or
decal, issued by the Secretary |
14 | | of State, of uniform size as the Secretary may
specify, that |
15 | | shall indicate in appropriate language that the owner of the
|
16 | | license has renewed his or her driver's license.
|
17 | | (h) A person who acts in good faith in accordance with the |
18 | | terms of
this Section is not liable for damages in any civil |
19 | | action or subject to
prosecution in any criminal proceeding for |
20 | | his or her act.
|
21 | | (Source: P.A. 97-263, eff. 8-5-11; 97-739, eff. 1-1-13; 97-847, |
22 | | eff. 1-1-13; 97-1127, eff. 1-1-13; 98-323, eff. 1-1-14; 98-463, |
23 | | eff. 8-16-13.)
|
24 | | Section 999. Effective date. This Act takes effect upon |
25 | | becoming law.
|
| | | HB4973 | - 53 - | LRB101 16432 JLS 65811 b |
|
| 1 | |
INDEX
| 2 | |
Statutes amended in order of appearance
| | 3 | | New Act | | | 4 | | 5 ILCS 140/7 | from Ch. 116, par. 207 | | 5 | | 10 ILCS 5/10-10.3 new | | | 6 | | 15 ILCS 335/4 | from Ch. 124, par. 24 | | 7 | | 15 ILCS 335/5 | from Ch. 124, par. 25 | | 8 | | 625 ILCS 5/3-405 | from Ch. 95 1/2, par. 3-405 | | 9 | | 625 ILCS 5/6-106 | from Ch. 95 1/2, par. 6-106 | | 10 | | 625 ILCS 5/6-110 | from Ch. 95 1/2, par. 6-110 |
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|