101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB4973

 

Introduced 2/18/2020, by Rep. Ryan Spain

 

SYNOPSIS AS INTRODUCED:
 
See Index

    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.


LRB101 16432 JLS 65811 b

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB4973LRB101 16432 JLS 65811 b

1    AN ACT concerning privacy.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Short title. This Act may be cited as the Human
5Resources Employee Safety and Privacy Act.
 
6    Section 5. Definitions. As used in this Act:
7    "Government agency", "personal information", "publicly
8available content", and "publicly post" or "publicly display"
9have the meanings given to those terms in Section 1-10 of the
10Judicial Privacy Act.
11    "Home address" includes resources employee's permanent
12residence and any secondary residences affirmatively
13identified by the human resources employee, but does not
14include a human resources employee's work address.
15    "Human resources employee" means a person who has the
16authority to make decisions whether to hire or fire personnel
17and who is employed by a nonpublic employer.
18    "Immediate family" includes a human resources employee's
19spouse, child, parent, or any blood relative of the human
20resources employee or the human resources employee's spouse who
21lives in the same residence.
22    "Written request" means written notice signed by a human
23resources employee or a representative of the human resources

 

 

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1employee's employer requesting a government agency, person,
2business, or association to refrain from posting or displaying
3publicly available content that includes the human resources
4employee's personal information.
 
5    Section 10. Publicly posting or displaying a human
6resources employee's personal information by government
7agencies.
8    (a) Government agencies shall not publicly post or display
9publicly available content that includes a human resources
10employee's personal information, provided that the government
11agency has received a written request in accordance with
12Section 20 that it refrain from disclosing the human resources
13employee's personal information. After a government agency has
14received a written request, that agency shall remove the human
15resources employee's personal information from publicly
16available content within 5 business days. After the government
17agency has removed the human resources employee's personal
18information from publicly available content, the agency shall
19not publicly post or display the information and the human
20resources employee's personal information shall be exempt from
21the Freedom of Information Act unless the government agency has
22received consent from the human resources employee to make the
23personal information available to the public.
24    (b) If a government agency fails to comply with a written
25request to refrain from disclosing personal information, the

 

 

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1human resources employee may bring an action in the circuit
2court seeking injunctive or declaratory relief.
 
3    Section 15. Publicly posting a human resources employee's
4personal information on the Internet by persons, businesses,
5and 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
17information is made public as a result of a violation of this
18Section may bring an action in the circuit court seeking
19injunctive or declaratory relief. If the court grants
20injunctive or declaratory relief, the person, business, or
21association responsible for the violation shall be required to
22pay the human resources employee's costs and reasonable
23attorney's fees.
 
24    Section 20. Procedure for completing a written request.
25    (a) No government agency, person, business, or association

 

 

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1shall be found to have violated any provision of this Act if
2the human resources employee fails to submit a written request
3calling for the protection of the officer's personal
4information.
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
25employer may submit a written request on the human resources
26employee's behalf, provided that the human resources employee

 

 

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1gives written consent to the representative and provided that
2the representative agrees to furnish a copy of that consent
3when a written request is made. The representative shall submit
4the written request as provided in subsection (b).
5    (d) A human resources employee's written request shall
6specify what personal information shall be maintained private.
7    If a human resources employee wishes to identify a
8secondary residence as a home address, the designation shall be
9made in the written request.
10    A human resources employee shall disclose the identity of
11the officer's immediate family and indicate that the personal
12information of these family members shall also be excluded to
13the extent that it could reasonably be expected to reveal the
14personal information of the human resources employee.
15    (e) A human resources employee's written request is valid
16until the human resources employee provides the government
17agency, person, business, or association with written
18permission to release the private information. A human
19resources 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
22post on the Internet the personal information of a human
23resources employee or of the human resources employee's
24immediate family if the person knows or reasonably should know
25that publicly posting the personal information poses an

 

 

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1imminent and serious threat to the health and safety of the
2human resources employee or the human resources employee's
3immediate family and the violation is a proximate cause of
4bodily injury or death of the human resources employee or a
5member of the human resources employee's immediate family. A
6person who violates this Section is guilty of a Class 3 felony.
7    (b) If an employee of a government agency has complied with
8the provisions of this Act, it is not a violation of subsection
9(a) if the employee publishes personal information, in good
10faith, on the website of the government agency in the ordinary
11course of carrying out public functions.
 
12    Section 30. Construction. This Act and any rules adopted to
13implement this Act shall be construed broadly to favor the
14protection of the personal information of human resources
15employees.
 
16    Section 100. The Freedom of Information Act is amended by
17changing Section 7 as follows:
 
18    (5 ILCS 140/7)  (from Ch. 116, par. 207)
19    Sec. 7. Exemptions.
20    (1) When a request is made to inspect or copy a public
21record that contains information that is exempt from disclosure
22under this Section, but also contains information that is not
23exempt from disclosure, the public body may elect to redact the

 

 

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1information that is exempt. The public body shall make the
2remaining information available for inspection and copying.
3Subject to this requirement, the following shall be exempt from
4inspection and copying:
5        (a) Information specifically prohibited from
6    disclosure by federal or State law or rules and regulations
7    implementing federal or State law.
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
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.
2        (d) Records in the possession of any public body
3    created in the course of administrative enforcement
4    proceedings, and any law enforcement or correctional
5    agency for law enforcement purposes, but only to the extent
6    that disclosure would:
7            (i) interfere with pending or actually and
8        reasonably contemplated law enforcement proceedings
9        conducted by any law enforcement or correctional
10        agency that is the recipient of the request;
11            (ii) interfere with active administrative
12        enforcement proceedings conducted by the public body
13        that is the recipient of the request;
14            (iii) create a substantial likelihood that a
15        person will be deprived of a fair trial or an impartial
16        hearing;
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;
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
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;
10            (vi) endanger the life or physical safety of law
11        enforcement personnel or any other person; or
12            (vii) obstruct an ongoing criminal investigation
13        by the agency that is the recipient of the request.
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.
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.
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.
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.
5        (i) Valuable formulae, computer geographic systems,
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
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.
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;
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.
17        (l) Minutes of meetings of public bodies closed to the
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.
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
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.
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.
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
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
16    materials exempt under this Section.
17        (p) Records relating to collective negotiating matters
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.
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.
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
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.
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.
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.
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
21    institutions, insurance companies, or pharmacy benefit
22    managers, unless disclosure is otherwise required by State
23    law.
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
2    Electronic Commerce Security Act.
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.
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.
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.
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
12Judicial Privacy Act shall be redacted from public records
13prior to disclosure under this Act and the Human Resources
14Employee Safety and Privacy Act.
15    (2) A public record that is not in the possession of a
16public body but is in the possession of a party with whom the
17agency has contracted to perform a governmental function on
18behalf of the public body, and that directly relates to the
19governmental function and is not otherwise exempt under this
20Act, shall be considered a public record of the public body,
21for purposes of this Act.
22    (3) This Section does not authorize withholding of
23information or limit the availability of records to the public,
24except as stated in this Section or otherwise provided in this
25Act.
26(Source: P.A. 100-26, eff. 8-4-17; 100-201, eff. 8-18-17;

 

 

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1100-732, eff. 8-3-18; 101-434, eff. 1-1-20; 101-452, eff.
21-1-20; 101-455, eff. 8-23-19; revised 9-27-19.)
 
3    Section 105. The Election Code is amended by adding Section
410-10.3 as follows:
 
5    (10 ILCS 5/10-10.3 new)
6    Sec. 10-10.3. Removal of a human resources employee's
7address information from the certificate of nomination or
8nomination papers.
9    (a) As used in this Section, "home address" and "human
10resources employee" have the meanings given to those terms in
11Section 5 of the Human Resources Employee Safety and Privacy
12Act.
13    (b) Upon expiration of the period for filing an objection
14to a human resources employee's certificate of nomination or
15nomination papers, a human resources employee who is a
16candidate may file a written request with the State Board of
17Elections for redaction of the human resources employee's home
18address information from his or her certificate of nomination
19or nomination papers. After receipt of the human resources
20employee's written request, the State Board of Elections shall
21redact or cause redaction of the human resources employee's
22home address from his or her certificate of nomination or
23nomination papers within 5 business days.
24    (c) Prior to expiration of the period for filing an

 

 

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1objection to a human resources employee's certificate of
2nomination or nomination papers, the home address information
3from the certificate of nomination or nomination papers of a
4human resources employee who is a candidate is available for
5public inspection. After redaction of a human resources
6employee's home address information under subsection (b), the
7home address information is only available for an in camera
8inspection by the court reviewing an objection to the human
9resources employee's certificate of nomination or nomination
10papers.
 
11    Section 110. The Illinois Identification Card Act is
12amended by changing Sections 4 and 5 as follows:
 
13    (15 ILCS 335/4)  (from Ch. 124, par. 24)
14    Sec. 4. Identification card.
15    (a) The Secretary of State shall issue a standard Illinois
16Identification Card to any natural person who is a resident of
17the State of Illinois who applies for such card, or renewal
18thereof. No identification card shall be issued to any person
19who holds a valid foreign state identification card, license,
20or permit unless the person first surrenders to the Secretary
21of State the valid foreign state identification card, license,
22or permit. The card shall be prepared and supplied by the
23Secretary of State and shall include a photograph and signature
24or mark of the applicant. However, the Secretary of State may

 

 

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1provide by rule for the issuance of Illinois Identification
2Cards without photographs if the applicant has a bona fide
3religious objection to being photographed or to the display of
4his or her photograph. The Illinois Identification Card may be
5used for identification purposes in any lawful situation only
6by the person to whom it was issued. As used in this Act,
7"photograph" means any color photograph or digitally produced
8and captured image of an applicant for an identification card.
9As used in this Act, "signature" means the name of a person as
10written by that person and captured in a manner acceptable to
11the Secretary of State.
12    (a-5) If an applicant for an identification card has a
13current driver's license or instruction permit issued by the
14Secretary of State, the Secretary may require the applicant to
15utilize the same residence address and name on the
16identification card, driver's license, and instruction permit
17records maintained by the Secretary. The Secretary may
18promulgate rules to implement this provision.
19    (a-10) If the applicant is a judicial officer as defined in
20Section 1-10 of the Judicial Privacy Act, a human resources
21employee as defined in Section 5 of the Human Resources
22Employee Safety and Privacy Act, or a peace officer, the
23applicant may elect to have his or her office or work address
24listed on the card instead of the applicant's residence or
25mailing address. The Secretary may promulgate rules to
26implement 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
2or her office or public employment is vested by law with a duty
3to maintain public order or to make arrests for a violation of
4any penal statute of this State, whether that duty extends to
5all violations or is limited to specific violations.
6    (a-15) The Secretary of State may provide for an expedited
7process for the issuance of an Illinois Identification Card.
8The Secretary shall charge an additional fee for the expedited
9issuance of an Illinois Identification Card, to be set by rule,
10not to exceed $75. All fees collected by the Secretary for
11expedited Illinois Identification Card service shall be
12deposited into the Secretary of State Special Services Fund.
13The Secretary may adopt rules regarding the eligibility,
14process, and fee for an expedited Illinois Identification Card.
15If the Secretary of State determines that the volume of
16expedited identification card requests received on a given day
17exceeds the ability of the Secretary to process those requests
18in an expedited manner, the Secretary may decline to provide
19expedited services, and the additional fee for the expedited
20service shall be refunded to the applicant.
21    (a-20) The Secretary of State shall issue a standard
22Illinois Identification Card to a committed person upon release
23on parole, mandatory supervised release, aftercare release,
24final discharge, or pardon from the Department of Corrections
25or Department of Juvenile Justice, if the released person
26presents a certified copy of his or her birth certificate,

 

 

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1social security card or other documents authorized by the
2Secretary, and 2 documents proving his or her Illinois
3residence address. Documents proving residence address may
4include any official document of the Department of Corrections
5or the Department of Juvenile Justice showing the released
6person's address after release and a Secretary of State
7prescribed certificate of residency form, which may be executed
8by Department of Corrections or Department of Juvenile Justice
9personnel.
10    (a-25) The Secretary of State shall issue a limited-term
11Illinois Identification Card valid for 90 days to a committed
12person upon release on parole, mandatory supervised release,
13aftercare release, final discharge, or pardon from the
14Department of Corrections or Department of Juvenile Justice, if
15the released person is unable to present a certified copy of
16his or her birth certificate and social security card or other
17documents authorized by the Secretary, but does present a
18Secretary of State prescribed verification form completed by
19the Department of Corrections or Department of Juvenile
20Justice, verifying the released person's date of birth and
21social security number and 2 documents proving his or her
22Illinois residence address. The verification form must have
23been completed no more than 30 days prior to the date of
24application for the Illinois Identification Card. Documents
25proving residence address shall include any official document
26of the Department of Corrections or the Department of Juvenile

 

 

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1Justice showing the person's address after release and a
2Secretary of State prescribed certificate of residency, which
3may be executed by Department of Corrections or Department of
4Juvenile Justice personnel.
5    Prior to the expiration of the 90-day period of the
6limited-term Illinois Identification Card, if the released
7person submits to the Secretary of State a certified copy of
8his or her birth certificate and his or her social security
9card or other documents authorized by the Secretary, a standard
10Illinois Identification Card shall be issued. A limited-term
11Illinois Identification Card may not be renewed.
12    (a-30) The Secretary of State shall issue a standard
13Illinois Identification Card to a person upon conditional
14release or absolute discharge from the custody of the
15Department of Human Services, if the person presents a
16certified copy of his or her birth certificate, social security
17card, or other documents authorized by the Secretary, and a
18document proving his or her Illinois residence address. The
19Secretary of State shall issue a standard Illinois
20Identification Card to a person no sooner than 14 days prior to
21his or her conditional release or absolute discharge if
22personnel from the Department of Human Services bring the
23person to a Secretary of State location with the required
24documents. Documents proving residence address may include any
25official document of the Department of Human Services showing
26the person's address after release and a Secretary of State

 

 

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1prescribed verification form, which may be executed by
2personnel of the Department of Human Services.
3    (a-35) The Secretary of State shall issue a limited-term
4Illinois Identification Card valid for 90 days to a person upon
5conditional release or absolute discharge from the custody of
6the Department of Human Services, if the person is unable to
7present a certified copy of his or her birth certificate and
8social security card or other documents authorized by the
9Secretary, but does present a Secretary of State prescribed
10verification form completed by the Department of Human
11Services, verifying the person's date of birth and social
12security number, and a document proving his or her Illinois
13residence address. The verification form must have been
14completed no more than 30 days prior to the date of application
15for the Illinois Identification Card. The Secretary of State
16shall issue a limited-term Illinois Identification Card to a
17person no sooner than 14 days prior to his or her conditional
18release or absolute discharge if personnel from the Department
19of Human Services bring the person to a Secretary of State
20location with the required documents. Documents proving
21residence address shall include any official document of the
22Department of Human Services showing the person's address after
23release and a Secretary of State prescribed verification form,
24which may be executed by personnel of the Department of Human
25Services.
26    (b) The Secretary of State shall issue a special Illinois

 

 

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1Identification Card, which shall be known as an Illinois Person
2with a Disability Identification Card, to any natural person
3who is a resident of the State of Illinois, who is a person
4with a disability as defined in Section 4A of this Act, who
5applies for such card, or renewal thereof. No Illinois Person
6with a Disability Identification Card shall be issued to any
7person who holds a valid foreign state identification card,
8license, or permit unless the person first surrenders to the
9Secretary of State the valid foreign state identification card,
10license, or permit. The Secretary of State shall charge no fee
11to issue such card. The card shall be prepared and supplied by
12the Secretary of State, and shall include a photograph and
13signature or mark of the applicant, a designation indicating
14that the card is an Illinois Person with a Disability
15Identification Card, and shall include a comprehensible
16designation of the type and classification of the applicant's
17disability as set out in Section 4A of this Act. However, the
18Secretary of State may provide by rule for the issuance of
19Illinois Person with a Disability Identification Cards without
20photographs if the applicant has a bona fide religious
21objection to being photographed or to the display of his or her
22photograph. If the applicant so requests, the card shall
23include a description of the applicant's disability and any
24information about the applicant's disability or medical
25history which the Secretary determines would be helpful to the
26applicant in securing emergency medical care. If a mark is used

 

 

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1in lieu of a signature, such mark shall be affixed to the card
2in the presence of two witnesses who attest to the authenticity
3of the mark. The Illinois Person with a Disability
4Identification Card may be used for identification purposes in
5any lawful situation by the person to whom it was issued.
6    The Illinois Person with a Disability Identification Card
7may be used as adequate documentation of disability in lieu of
8a physician's determination of disability, a determination of
9disability from a physician assistant, a determination of
10disability from an advanced practice registered nurse, or any
11other documentation of disability whenever any State law
12requires that a person with a disability provide such
13documentation of disability, however an Illinois Person with a
14Disability Identification Card shall not qualify the
15cardholder to participate in any program or to receive any
16benefit which is not available to all persons with like
17disabilities. Notwithstanding any other provisions of law, an
18Illinois Person with a Disability Identification Card, or
19evidence that the Secretary of State has issued an Illinois
20Person with a Disability Identification Card, shall not be used
21by any person other than the person named on such card to prove
22that the person named on such card is a person with a
23disability or for any other purpose unless the card is used for
24the benefit of the person named on such card, and the person
25named on such card consents to such use at the time the card is
26so used.

 

 

HB4973- 31 -LRB101 16432 JLS 65811 b

1    An optometrist's determination of a visual disability
2under Section 4A of this Act is acceptable as documentation for
3the purpose of issuing an Illinois Person with a Disability
4Identification Card.
5    When medical information is contained on an Illinois Person
6with a Disability Identification Card, the Office of the
7Secretary of State shall not be liable for any actions taken
8based upon that medical information.
9    (c) The Secretary of State shall provide that each original
10or renewal Illinois Identification Card or Illinois Person with
11a Disability Identification Card issued to a person under the
12age of 21 shall be of a distinct nature from those Illinois
13Identification Cards or Illinois Person with a Disability
14Identification Cards issued to individuals 21 years of age or
15older. The color designated for Illinois Identification Cards
16or Illinois Person with a Disability Identification Cards for
17persons under the age of 21 shall be at the discretion of the
18Secretary of State.
19    (c-1) Each original or renewal Illinois Identification
20Card or Illinois Person with a Disability Identification Card
21issued to a person under the age of 21 shall display the date
22upon which the person becomes 18 years of age and the date upon
23which the person becomes 21 years of age.
24    (c-3) The General Assembly recognizes the need to identify
25military veterans living in this State for the purpose of
26ensuring that they receive all of the services and benefits to

 

 

HB4973- 32 -LRB101 16432 JLS 65811 b

1which they are legally entitled, including healthcare,
2education assistance, and job placement. To assist the State in
3identifying these veterans and delivering these vital services
4and benefits, the Secretary of State is authorized to issue
5Illinois Identification Cards and Illinois Person with a
6Disability Identification Cards with the word "veteran"
7appearing on the face of the cards. This authorization is
8predicated on the unique status of veterans. The Secretary may
9not issue any other identification card which identifies an
10occupation, status, affiliation, hobby, or other unique
11characteristics of the identification card holder which is
12unrelated to the purpose of the identification card.
13    (c-5) Beginning on or before July 1, 2015, the Secretary of
14State shall designate a space on each original or renewal
15identification card where, at the request of the applicant, the
16word "veteran" shall be placed. The veteran designation shall
17be available to a person identified as a veteran under
18subsection (b) of Section 5 of this Act who was discharged or
19separated under honorable conditions.
20    (d) The Secretary of State may issue a Senior Citizen
21discount card, to any natural person who is a resident of the
22State of Illinois who is 60 years of age or older and who
23applies for such a card or renewal thereof. The Secretary of
24State shall charge no fee to issue such card. The card shall be
25issued in every county and applications shall be made available
26at, but not limited to, nutrition sites, senior citizen centers

 

 

HB4973- 33 -LRB101 16432 JLS 65811 b

1and Area Agencies on Aging. The applicant, upon receipt of such
2card and prior to its use for any purpose, shall have affixed
3thereon in the space provided therefor his signature or mark.
4    (e) The Secretary of State, in his or her discretion, may
5designate on each Illinois Identification Card or Illinois
6Person with a Disability Identification Card a space where the
7card holder may place a sticker or decal, issued by the
8Secretary of State, of uniform size as the Secretary may
9specify, that shall indicate in appropriate language that the
10card holder has renewed his or her Illinois Identification Card
11or Illinois Person with a Disability Identification Card.
12(Source: P.A. 99-143, eff. 7-27-15; 99-173, eff. 7-29-15;
1399-305, eff. 1-1-16; 99-642, eff. 7-28-16; 99-907, eff. 7-1-17;
14100-513, 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
18Illinois may file an application for an identification card, or
19for the renewal thereof, in a manner prescribed by the
20Secretary. Each original application shall be completed by the
21applicant in full and shall set forth the legal name, residence
22address and zip code, social security number, birth date, sex
23and a brief description of the applicant. The applicant shall
24be photographed, unless the Secretary of State has provided by
25rule for the issuance of identification cards without

 

 

HB4973- 34 -LRB101 16432 JLS 65811 b

1photographs and the applicant is deemed eligible for an
2identification card without a photograph under the terms and
3conditions imposed by the Secretary of State, and he or she
4shall also submit any other information as the Secretary may
5deem necessary or such documentation as the Secretary may
6require to determine the identity of the applicant. In addition
7to the residence address, the Secretary may allow the applicant
8to provide a mailing address. If the applicant is a judicial
9officer as defined in Section 1-10 of the Judicial Privacy Act,
10a human resources employee as defined in Section 5 of the Human
11Resources Employee Safety and Privacy Act, or a peace officer,
12the applicant may elect to have his or her office or work
13address in lieu of the applicant's residence or mailing
14address. An applicant for an Illinois Person with a Disability
15Identification Card must also submit with each original or
16renewal application, on forms prescribed by the Secretary, such
17documentation as the Secretary may require, establishing that
18the applicant is a "person with a disability" as defined in
19Section 4A of this Act, and setting forth the applicant's type
20and class of disability as set forth in Section 4A of this Act.
21For the purposes of this subsection (a), "peace officer" means
22any person who by virtue of his or her office or public
23employment is vested by law with a duty to maintain public
24order or to make arrests for a violation of any penal statute
25of this State, whether that duty extends to all violations or
26is limited to specific violations.

 

 

HB4973- 35 -LRB101 16432 JLS 65811 b

1    (a-5) Upon the first issuance of a request for proposals
2for a digital driver's license and identification card issuance
3and facial recognition system issued after January 1, 2020 (the
4effective date of Public Act 101-513) this amendatory Act of
5the 101st General Assembly, and upon implementation of a new or
6revised system procured pursuant to that request for proposals,
7the Secretary shall permit applicants to choose between "male",
8"female", or "non-binary" when designating the applicant's sex
9on the identification card application form. The sex designated
10by the applicant shall be displayed on the identification card
11issued to the applicant.
12    (b) Beginning on or before July 1, 2015, for each original
13or renewal identification card application under this Act, the
14Secretary shall inquire as to whether the applicant is a
15veteran for purposes of issuing an identification card with a
16veteran designation under subsection (c-5) of Section 4 of this
17Act. The acceptable forms of proof shall include, but are not
18limited to, Department of Defense form DD-214, Department of
19Defense form DD-256 for applicants who did not receive a form
20DD-214 upon the completion of initial basic training,
21Department of Defense form DD-2 (Retired), an identification
22card issued under the federal Veterans Identification Card Act
23of 2015, or a United States Department of Veterans Affairs
24summary of benefits letter. If the document cannot be stamped,
25the Illinois Department of Veterans' Affairs shall provide a
26certificate to the veteran to provide to the Secretary of

 

 

HB4973- 36 -LRB101 16432 JLS 65811 b

1State. The Illinois Department of Veterans' Affairs shall
2advise the Secretary as to what other forms of proof of a
3person's status as a veteran are acceptable.
4    For each applicant who is issued an identification card
5with a veteran designation, the Secretary shall provide the
6Department of Veterans' Affairs with the applicant's name,
7address, date of birth, gender, and such other demographic
8information as agreed to by the Secretary and the Department.
9The Department may take steps necessary to confirm the
10applicant is a veteran. If after due diligence, including
11writing to the applicant at the address provided by the
12Secretary, the Department is unable to verify the applicant's
13veteran status, the Department shall inform the Secretary, who
14shall notify the applicant that he or she must confirm status
15as 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
18States, including a member of any reserve component or National
19Guard unit.
20    "Veteran" means a person who has served in the armed forces
21and was discharged or separated under honorable conditions.
22    (c) All applicants for REAL ID compliant standard Illinois
23Identification Cards and Illinois Person with a Disability
24Identification Cards shall provide proof of lawful status in
25the United States as defined in 6 CFR 37.3, as amended.
26Applicants who are unable to provide the Secretary with proof

 

 

HB4973- 37 -LRB101 16432 JLS 65811 b

1of lawful status are ineligible for REAL ID compliant
2identification cards under this Act.
3(Source: P.A. 100-201, eff. 8-18-17; 100-248, eff. 8-22-17;
4100-811, eff. 1-1-19; 101-106, eff. 1-1-20; 101-287, eff.
58-9-19; 101-513, eff. 1-1-20; revised 9-25-19.)
 
6    Section 115. The Illinois Vehicle Code is amended by
7changing 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
11this Code shall make application to the Secretary of State for
12the registration of such vehicle upon the appropriate form or
13forms furnished by the Secretary. Every such application shall
14bear the signature of the owner written with pen and ink and
15contain:
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,

 

 

HB4973- 38 -LRB101 16432 JLS 65811 b

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

 

 

HB4973- 39 -LRB101 16432 JLS 65811 b

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,

 

 

HB4973- 40 -LRB101 16432 JLS 65811 b

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
13from a dealer the application shall be accompanied by a
14Manufacturer's Statement of Origin from the dealer, and a
15statement 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
20to be issued under this Code shall be made upon a form
21furnished by the Secretary of State. Every application shall be
22accompanied by the proper fee and payment of such fee shall
23entitle the applicant to not more than 3 attempts to pass the
24examination within a period of one year after the date of
25application.

 

 

HB4973- 41 -LRB101 16432 JLS 65811 b

1    (b) Every application shall state the legal name, social
2security number, zip code, date of birth, sex, and residence
3address of the applicant; briefly describe the applicant; state
4whether the applicant has theretofore been licensed as a
5driver, and, if so, when and by what state or country, and
6whether any such license has ever been cancelled, suspended,
7revoked or refused, and, if so, the date and reason for such
8cancellation, suspension, revocation or refusal; shall include
9an affirmation by the applicant that all information set forth
10is true and correct; and shall bear the applicant's signature.
11In addition to the residence address, the Secretary may allow
12the applicant to provide a mailing address. In the case of an
13applicant who is a judicial officer, human resources employee,
14or peace officer, the Secretary may allow the applicant to
15provide an office or work address in lieu of a residence or
16mailing address. The application form may also require the
17statement of such additional relevant information as the
18Secretary of State shall deem necessary to determine the
19applicant's competency and eligibility. The Secretary of State
20may, in his discretion, by rule or regulation, provide that an
21application for a drivers license or permit may include a
22suitable photograph of the applicant in the form prescribed by
23the Secretary, and he may further provide that each drivers
24license shall include a photograph of the driver. The Secretary
25of State may utilize a photograph process or system most
26suitable to deter alteration or improper reproduction of a

 

 

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1drivers license and to prevent substitution of another photo
2thereon. For the purposes of this subsection (b): ,
3    "Human resources employee" has the meaning ascribed to it
4in Section 5 of the Human Resources Employee Safety and Privacy
5Act.
6    "Peace peace officer" means any person who by virtue of his
7or her office or public employment is vested by law with a duty
8to maintain public order or to make arrests for a violation of
9any penal statute of this State, whether that duty extends to
10all violations or is limited to specific violations.
11    (b-3) Upon the first issuance of a request for proposals
12for a digital driver's license and identification card issuance
13and facial recognition system issued after January 1, 2020 (the
14effective date of Public Act 101-513) this amendatory Act of
15the 101st General Assembly, and upon implementation of a new or
16revised system procured pursuant to that request for proposals,
17the Secretary shall permit applicants to choose between "male",
18"female" or "non-binary" when designating the applicant's sex
19on the driver's license application form. The sex designated by
20the applicant shall be displayed on the driver's license issued
21to the applicant.
22    (b-5) Every applicant for a REAL ID compliant driver's
23license or permit shall provide proof of lawful status in the
24United States as defined in 6 CFR 37.3, as amended. Applicants
25who are unable to provide the Secretary with proof of lawful
26status may apply for a driver's license or permit under Section

 

 

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16-105.1 of this Code.
2    (c) The application form shall include a notice to the
3applicant of the registration obligations of sex offenders
4under the Sex Offender Registration Act. The notice shall be
5provided in a form and manner prescribed by the Secretary of
6State. For purposes of this subsection (c), "sex offender" has
7the meaning ascribed to it in Section 2 of the Sex Offender
8Registration Act.
9    (d) Any male United States citizen or immigrant who applies
10for any permit or license authorized to be issued under this
11Code or for a renewal of any permit or license, and who is at
12least 18 years of age but less than 26 years of age, must be
13registered in compliance with the requirements of the federal
14Military Selective Service Act. The Secretary of State must
15forward in an electronic format the necessary personal
16information regarding the applicants identified in this
17subsection (d) to the Selective Service System. The applicant's
18signature on the application serves as an indication that the
19applicant either has already registered with the Selective
20Service System or that he is authorizing the Secretary to
21forward to the Selective Service System the necessary
22information for registration. The Secretary must notify the
23applicant at the time of application that his signature
24constitutes consent to registration with the Selective Service
25System, if he is not already registered.
26    (e) Beginning on or before July 1, 2015, for each original

 

 

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1or renewal driver's license application under this Code, the
2Secretary shall inquire as to whether the applicant is a
3veteran for purposes of issuing a driver's license with a
4veteran designation under subsection (e-5) of Section 6-110 of
5this Code. The acceptable forms of proof shall include, but are
6not limited to, Department of Defense form DD-214, Department
7of Defense form DD-256 for applicants who did not receive a
8form DD-214 upon the completion of initial basic training,
9Department of Defense form DD-2 (Retired), an identification
10card issued under the federal Veterans Identification Card Act
11of 2015, or a United States Department of Veterans Affairs
12summary of benefits letter. If the document cannot be stamped,
13the Illinois Department of Veterans' Affairs shall provide a
14certificate to the veteran to provide to the Secretary of
15State. The Illinois Department of Veterans' Affairs shall
16advise the Secretary as to what other forms of proof of a
17person's status as a veteran are acceptable.
18    For each applicant who is issued a driver's license with a
19veteran designation, the Secretary shall provide the
20Department of Veterans' Affairs with the applicant's name,
21address, date of birth, gender and such other demographic
22information as agreed to by the Secretary and the Department.
23The Department may take steps necessary to confirm the
24applicant is a veteran. If after due diligence, including
25writing to the applicant at the address provided by the
26Secretary, the Department is unable to verify the applicant's

 

 

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1veteran status, the Department shall inform the Secretary, who
2shall notify the applicant that the he or she must confirm
3status 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
6States, including a member of any reserve component or National
7Guard unit.
8    "Veteran" means a person who has served in the armed forces
9and was discharged or separated under honorable conditions.
10(Source: P.A. 100-201, eff. 8-18-17; 100-248, eff. 8-22-17;
11100-811, eff. 1-1-19; 101-106, eff. 1-1-20; 101-287, eff.
128-9-19; 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
16applicant a driver's license as applied for, which license
17shall bear a distinguishing number assigned to the licensee,
18the legal name, signature, zip code, date of birth, residence
19address, and a brief description of the licensee.
20    Licenses issued shall also indicate the classification and
21the restrictions under Section 6-104 of this Code. The
22Secretary may adopt rules to establish informational
23restrictions that can be placed on the driver's license
24regarding specific conditions of the licensee.
25    A driver's license issued may, in the discretion of the

 

 

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1Secretary, include a suitable photograph of a type prescribed
2by the Secretary.
3    (a-1) If the licensee is less than 18 years of age, unless
4one of the exceptions in subsection (a-2) apply, the license
5shall, as a matter of law, be invalid for the operation of any
6motor 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
13shall not be invalid as described in subsection (a-1) of this
14Section 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
10age and has been licensed for at least 12 months is not invalid
11as described in subsection (a-1) of this Section while the
12licensee is participating as an assigned driver in a Safe Rides
13program 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
20of 18 committed an offense against traffic regulations
21governing the movement of vehicles or any violation of Section
226-107 or Section 12-603.1 of this Code in the 6 months prior to
23the graduated driver's license holder's 18th birthday, and was
24subsequently convicted of the offense, the provisions of
25subsection (a-1) shall continue to apply until such time as a
26period of 6 consecutive months has elapsed without an

 

 

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1additional violation and subsequent conviction of an offense
2against traffic regulations governing the movement of vehicles
3or Section 6-107 or Section 12-603.1 of this Code.
4    (a-4) If an applicant for a driver's license or instruction
5permit has a current identification card issued by the
6Secretary of State, the Secretary may require the applicant to
7utilize the same residence address and name on the
8identification card, driver's license, and instruction permit
9records maintained by the Secretary. The Secretary may
10promulgate rules to implement this provision.
11    (a-5) If an applicant for a driver's license is a judicial
12officer, a human resources employee, or a peace officer, the
13applicant may elect to have his or her office or work address
14listed on the license instead of the applicant's residence or
15mailing address. The Secretary of State shall adopt rules to
16implement this subsection (a-5). For the purposes of this
17subsection (a-5): ,
18    "Human resources employee" has the meaning ascribed to it
19in Section 5 of the Human Resources Employee Safety and Privacy
20Act.
21    "Peace peace officer" means any person who by virtue of his
22or her office or public employment is vested by law with a duty
23to maintain public order or to make arrests for a violation of
24any penal statute of this State, whether that duty extends to
25all violations or is limited to specific violations.
26    (b) Until the Secretary of State establishes a First Person

 

 

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

 

 

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1Information Card.
2    The sticker may be provided by any person, hospital,
3school, medical group, or association interested in assisting
4in implementing the Emergency Medical Information Card, but
5shall meet the specifications as the Secretary may by rule or
6regulation require.
7    (d) The Secretary of State shall designate on each driver's
8license issued a space where the licensee may indicate his
9blood type and RH factor.
10    (e) The Secretary of State shall provide that each original
11or renewal driver's license issued to a licensee under 21 years
12of age shall be of a distinct nature from those driver's
13licenses issued to individuals 21 years of age and older. The
14color designated for driver's licenses for licensees under 21
15years of age shall be at the discretion of the Secretary of
16State.
17    (e-1) The Secretary shall provide that each driver's
18license issued to a person under the age of 21 displays the
19date upon which the person becomes 18 years of age and the date
20upon which the person becomes 21 years of age.
21    (e-3) The General Assembly recognizes the need to identify
22military veterans living in this State for the purpose of
23ensuring that they receive all of the services and benefits to
24which they are legally entitled, including healthcare,
25education assistance, and job placement. To assist the State in
26identifying these veterans and delivering these vital services

 

 

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

 

 

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1subject to any assignment by the Secretary. Failure to comply
2with the Secretary's assignment may result in the applicant's
3forfeiture of an opportunity to receive a commercial driver's
4license prior to April 1, 1992.
5    (g) The Secretary of State shall designate on a driver's
6license issued, a space where the licensee may indicate that he
7or she has drafted a living will in accordance with the
8Illinois Living Will Act or a durable power of attorney for
9health care in accordance with the Illinois Power of Attorney
10Act.
11    (g-1) The Secretary of State, in his or her discretion, may
12designate on each driver's license issued a space where the
13licensee may place a sticker or decal, issued by the Secretary
14of State, of uniform size as the Secretary may specify, that
15shall indicate in appropriate language that the owner of the
16license has renewed his or her driver's license.
17    (h) A person who acts in good faith in accordance with the
18terms of this Section is not liable for damages in any civil
19action or subject to prosecution in any criminal proceeding for
20his or her act.
21(Source: P.A. 97-263, eff. 8-5-11; 97-739, eff. 1-1-13; 97-847,
22eff. 1-1-13; 97-1127, eff. 1-1-13; 98-323, eff. 1-1-14; 98-463,
23eff. 8-16-13.)
 
24    Section 999. Effective date. This Act takes effect upon
25becoming law.

 

 

HB4973- 53 -LRB101 16432 JLS 65811 b

1 INDEX
2 Statutes amended in order of appearance
3    New Act
4    5 ILCS 140/7from Ch. 116, par. 207
5    10 ILCS 5/10-10.3 new
6    15 ILCS 335/4from Ch. 124, par. 24
7    15 ILCS 335/5from Ch. 124, par. 25
8    625 ILCS 5/3-405from Ch. 95 1/2, par. 3-405
9    625 ILCS 5/6-106from Ch. 95 1/2, par. 6-106
10    625 ILCS 5/6-110from Ch. 95 1/2, par. 6-110