102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB3054

 

Introduced 2/19/2021, by Rep. Adam Niemerg

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Creates the Public Safety and Justice Privacy Act. Defines terms. Provides that government agencies, persons, businesses, and associations shall not publicly post or display publicly available content that includes a law enforcement officer's, first responder's, prosecutor's, public defender's, probation officer's, or General Assembly member's ("officials") 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 an official or an official'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 officials. Amends various Acts and Codes allowing an official to list a business address rather than a home address and makes conforming changes. Effective immediately.


LRB102 13030 AWJ 18373 b

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

 

 

A BILL FOR

 

HB3054LRB102 13030 AWJ 18373 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 Public
5Safety and Justice Privacy Act.
 
6    Section 5. Definitions. As used in this Act:
7    "Assistant Public Defender" and "Assistant State's
8Attorney" have the meanings given to those terms in Section 15
9of the Public Interest Attorney Assistance Act.
10    "First responder" means a law enforcement officer or
11fireman as defined in Section 2 of the Line of Duty
12Compensation Act, an "emergency medical technician (EMT)" as
13defined in Section 3.50 of the Emergency Medical Services
14(EMS) Systems Act, and any other person who is at least 18
15years of age who has successfully completed a course of
16instruction in emergency medical responder first response as
17prescribed by the Illinois Department of Public Health, and
18who provides first response services prior to the arrival of
19an ambulance or specialized emergency medical services
20vehicle, in accordance with the level of care established in
21the emergency medical responder first response course.
22    "Government agency", "personal information", "publicly
23available content", and "publicly post" or "publicly display"

 

 

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1have the meanings given to those terms in 1-10 of Judicial
2Privacy Act.
3    "Home address" includes an official's permanent residence
4and any secondary residences affirmatively identified by the
5official, but does not include an official's work address.
6    "Immediate family" includes an official's spouse, child,
7parent, or any blood relative of the official or the
8official's spouse who lives in the same residence.
9    "Law enforcement officer" has the meaning given to that
10term in Section 5 of the Law Enforcement Officer Bulletproof
11Vest Act.
12    "Official" includes:
13        (1) Law enforcement officers.
14        (2) First responders.
15        (3) Prosecutors.
16        (4) Public defenders.
17        (5) Probation officers.
18        (6) Members of the General Assembly.
19    "Probation officer" has the meaning given to that term in
20Section 9b of the Probation and Probation Officers Act.
21    "Prosecutor" means a State's Attorney, Assistant State's
22Attorney, or a prosecutor for a unit of local government.
23    "Public defender" means a Public Defender or an Assistant
24Public Defender.
25    "Written request" means written notice signed by an
26official or a representative of the official's employer

 

 

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

 

 

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1    Section 15. Publicly posting an official's personal
2information on the Internet by persons, businesses, and
3associations.
4    (a) Prohibited Conduct.
5        (1) All persons, businesses, and associations shall
6    refrain from publicly posting or displaying on the
7    Internet publicly available content that includes an
8    official's personal information, provided that the
9    official has made a written request to the person,
10    business, or association that it refrain from disclosing
11    the personal information.
12        (2) No person, business, or association shall solicit,
13    sell, or trade on the Internet an official's personal
14    information with the intent to pose an imminent and
15    serious threat to the health and safety of the official or
16    the official's immediate family.
17        (3) This subsection includes, but is not limited to,
18    Internet phone directories, Internet search engines,
19    Internet data aggregators, and Internet service providers.
20    (b) Required Conduct.
21        (1) After a person, business, or association has
22    received a written request from an official to protect the
23    privacy of the officer's personal information, that
24    person, business, or association shall have 72 hours to
25    remove the personal information from the Internet.

 

 

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1        (2) After a person, business, or association has
2    received a written request from an official, that person,
3    business, or association shall ensure that the official's
4    personal information is not made available on any website
5    or subsidiary website controlled by that person, business,
6    or association.
7        (3) After receiving an official's written request, no
8    person, business, or association shall transfer the
9    official's personal information to any other person,
10    business, or association through any medium.
11    (c) Redress. An official whose personal information is
12made public as a result of a violation of this Section may
13bring an action in the circuit court seeking injunctive or
14declaratory relief. If the court grants injunctive or
15declaratory relief, the person, business, or association
16responsible for the violation shall be required to pay the
17official's costs and reasonable attorney's fees.
 
18    Section 20. Procedure for completing a written request.
19    (a) No government agency, person, business, or association
20shall be found to have violated any provision of this Act if
21the official fails to submit a written request calling for the
22protection of the officer's personal information.
23    (b) A written request is valid if:
24        (1) the official sends a written request directly to a
25    government agency, person, business, or association; or

 

 

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1        (2) the Secretary of State creates a policy and
2    procedure for an official to file the written request with
3    the Secretary of State to notify government agencies, the
4    official may send the written request to the Secretary of
5    State as provided in the policy and procedure. In each
6    quarter of a calendar year, the Secretary of State shall
7    provide a list of all officials who have submitted a
8    written request to it to the appropriate officer with
9    ultimate supervisory authority for a government agency.
10    The officer shall promptly provide a copy of the list to
11    any and all government agencies under his or her
12    supervision. Receipt of the written request list compiled
13    by the Secretary of State by a government agency shall
14    constitute a written request to that agency for the
15    purposes of this Act.
16    (c) A representative from the official's employer may
17submit a written request on the official's behalf, provided
18that the official gives written consent to the representative
19and provided that the representative agrees to furnish a copy
20of that consent when a written request is made. The
21representative shall submit the written request as provided in
22subsection (b).
23    (d) An official's written request shall specify what
24personal information shall be maintained private.
25    If an official wishes to identify a secondary residence as
26a home address, the designation shall be made in the written

 

 

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1request.
2    An official shall disclose the identity of the officer's
3immediate family and indicate that the personal information of
4these family members shall also be excluded to the extent that
5it could reasonably be expected to reveal the personal
6information of the official.
7    (e) An official's written request is valid until the
8official provides the government agency, person, business, or
9association with written permission to release the private
10information. An official's written request expires on death.
 
11    Section 25. Unlawful publication of personal information.
12    (a) It is unlawful for any person to knowingly publicly
13post on the Internet the personal information of an official
14or of the official's immediate family if the person knows or
15reasonably should know that publicly posting the personal
16information poses an imminent and serious threat to the health
17and safety of the official or the official's immediate family
18and the violation is a proximate cause of bodily injury or
19death of the official or a member of the official's immediate
20family. A person who violates this Section is guilty of a Class
213 felony.
22    (b) If an employee of a government agency has complied
23with the provisions of this Act, it is not a violation of
24subsection (a) if the employee publishes personal information,
25in good faith, on the website of the government agency in the

 

 

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1ordinary course of carrying out public functions.
 
2    Section 30. Construction. This Act and any rules adopted
3to implement this Act shall be construed broadly to favor the
4protection of the personal information of officials.
 
5    Section 100. The Freedom of Information Act is amended by
6changing Section 7 as follows:
 
7    (5 ILCS 140/7)  (from Ch. 116, par. 207)
8    Sec. 7. Exemptions.
9    (1) When a request is made to inspect or copy a public
10record that contains information that is exempt from
11disclosure under this Section, but also contains information
12that is not exempt from disclosure, the public body may elect
13to redact the information that is exempt. The public body
14shall make the remaining information available for inspection
15and copying. Subject to this requirement, the following shall
16be exempt from inspection and copying:
17        (a) Information specifically prohibited from
18    disclosure by federal or State law or rules and
19    regulations implementing federal or State law.
20        (b) Private information, unless disclosure is required
21    by another provision of this Act, a State or federal law or
22    a court order.
23        (b-5) Files, documents, and other data or databases

 

 

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1    maintained by one or more law enforcement agencies and
2    specifically designed to provide information to one or
3    more law enforcement agencies regarding the physical or
4    mental status of one or more individual subjects.
5        (c) Personal information contained within public
6    records, the disclosure of which would constitute a
7    clearly unwarranted invasion of personal privacy, unless
8    the disclosure is consented to in writing by the
9    individual subjects of the information. "Unwarranted
10    invasion of personal privacy" means the disclosure of
11    information that is highly personal or objectionable to a
12    reasonable person and in which the subject's right to
13    privacy outweighs any legitimate public interest in
14    obtaining the information. The disclosure of information
15    that bears on the public duties of public employees and
16    officials shall not be considered an invasion of personal
17    privacy.
18        (d) Records in the possession of any public body
19    created in the course of administrative enforcement
20    proceedings, and any law enforcement or correctional
21    agency for law enforcement purposes, but only to the
22    extent that disclosure would:
23            (i) interfere with pending or actually and
24        reasonably contemplated law enforcement proceedings
25        conducted by any law enforcement or correctional
26        agency that is the recipient of the request;

 

 

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1            (ii) interfere with active administrative
2        enforcement proceedings conducted by the public body
3        that is the recipient of the request;
4            (iii) create a substantial likelihood that a
5        person will be deprived of a fair trial or an impartial
6        hearing;
7            (iv) unavoidably disclose the identity of a
8        confidential source, confidential information
9        furnished only by the confidential source, or persons
10        who file complaints with or provide information to
11        administrative, investigative, law enforcement, or
12        penal agencies; except that the identities of
13        witnesses to traffic accidents, traffic accident
14        reports, and rescue reports shall be provided by
15        agencies of local government, except when disclosure
16        would interfere with an active criminal investigation
17        conducted by the agency that is the recipient of the
18        request;
19            (v) disclose unique or specialized investigative
20        techniques other than those generally used and known
21        or disclose internal documents of correctional
22        agencies related to detection, observation or
23        investigation of incidents of crime or misconduct, and
24        disclosure would result in demonstrable harm to the
25        agency or public body that is the recipient of the
26        request;

 

 

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1            (vi) endanger the life or physical safety of law
2        enforcement personnel or any other person; or
3            (vii) obstruct an ongoing criminal investigation
4        by the agency that is the recipient of the request.
5        (d-5) A law enforcement record created for law
6    enforcement purposes and contained in a shared electronic
7    record management system if the law enforcement agency
8    that is the recipient of the request did not create the
9    record, did not participate in or have a role in any of the
10    events which are the subject of the record, and only has
11    access to the record through the shared electronic record
12    management system.
13        (e) Records that relate to or affect the security of
14    correctional institutions and detention facilities.
15        (e-5) Records requested by persons committed to the
16    Department of Corrections, Department of Human Services
17    Division of Mental Health, or a county jail if those
18    materials are available in the library of the correctional
19    institution or facility or jail where the inmate is
20    confined.
21        (e-6) Records requested by persons committed to the
22    Department of Corrections, Department of Human Services
23    Division of Mental Health, or a county jail if those
24    materials include records from staff members' personnel
25    files, staff rosters, or other staffing assignment
26    information.

 

 

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1        (e-7) Records requested by persons committed to the
2    Department of Corrections or Department of Human Services
3    Division of Mental Health if those materials are available
4    through an administrative request to the Department of
5    Corrections or Department of Human Services Division of
6    Mental Health.
7        (e-8) Records requested by a person committed to the
8    Department of Corrections, Department of Human Services
9    Division of Mental Health, or a county jail, the
10    disclosure of which would result in the risk of harm to any
11    person or the risk of an escape from a jail or correctional
12    institution or facility.
13        (e-9) Records requested by a person in a county jail
14    or committed to the Department of Corrections or
15    Department of Human Services Division of Mental Health,
16    containing personal information pertaining to the person's
17    victim or the victim's family, including, but not limited
18    to, a victim's home address, home telephone number, work
19    or school address, work telephone number, social security
20    number, or any other identifying information, except as
21    may be relevant to a requester's current or potential case
22    or claim.
23        (e-10) Law enforcement records of other persons
24    requested by a person committed to the Department of
25    Corrections, Department of Human Services Division of
26    Mental Health, or a county jail, including, but not

 

 

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1    limited to, arrest and booking records, mug shots, and
2    crime scene photographs, except as these records may be
3    relevant to the requester's current or potential case or
4    claim.
5        (f) Preliminary drafts, notes, recommendations,
6    memoranda and other records in which opinions are
7    expressed, or policies or actions are formulated, except
8    that a specific record or relevant portion of a record
9    shall not be exempt when the record is publicly cited and
10    identified by the head of the public body. The exemption
11    provided in this paragraph (f) extends to all those
12    records of officers and agencies of the General Assembly
13    that pertain to the preparation of legislative documents.
14        (g) Trade secrets and commercial or financial
15    information obtained from a person or business where the
16    trade secrets or commercial or financial information are
17    furnished under a claim that they are proprietary,
18    privileged, or confidential, and that disclosure of the
19    trade secrets or commercial or financial information would
20    cause competitive harm to the person or business, and only
21    insofar as the claim directly applies to the records
22    requested.
23        The information included under this exemption includes
24    all trade secrets and commercial or financial information
25    obtained by a public body, including a public pension
26    fund, from a private equity fund or a privately held

 

 

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1    company within the investment portfolio of a private
2    equity fund as a result of either investing or evaluating
3    a potential investment of public funds in a private equity
4    fund. The exemption contained in this item does not apply
5    to the aggregate financial performance information of a
6    private equity fund, nor to the identity of the fund's
7    managers or general partners. The exemption contained in
8    this item does not apply to the identity of a privately
9    held company within the investment portfolio of a private
10    equity fund, unless the disclosure of the identity of a
11    privately held company may cause competitive harm.
12        Nothing contained in this paragraph (g) shall be
13    construed to prevent a person or business from consenting
14    to disclosure.
15        (h) Proposals and bids for any contract, grant, or
16    agreement, including information which if it were
17    disclosed would frustrate procurement or give an advantage
18    to any person proposing to enter into a contractor
19    agreement with the body, until an award or final selection
20    is made. Information prepared by or for the body in
21    preparation of a bid solicitation shall be exempt until an
22    award or final selection is made.
23        (i) Valuable formulae, computer geographic systems,
24    designs, drawings and research data obtained or produced
25    by any public body when disclosure could reasonably be
26    expected to produce private gain or public loss. The

 

 

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1    exemption for "computer geographic systems" provided in
2    this paragraph (i) does not extend to requests made by
3    news media as defined in Section 2 of this Act when the
4    requested information is not otherwise exempt and the only
5    purpose of the request is to access and disseminate
6    information regarding the health, safety, welfare, or
7    legal rights of the general public.
8        (j) The following information pertaining to
9    educational matters:
10            (i) test questions, scoring keys and other
11        examination data used to administer an academic
12        examination;
13            (ii) information received by a primary or
14        secondary school, college, or university under its
15        procedures for the evaluation of faculty members by
16        their academic peers;
17            (iii) information concerning a school or
18        university's adjudication of student disciplinary
19        cases, but only to the extent that disclosure would
20        unavoidably reveal the identity of the student; and
21            (iv) course materials or research materials used
22        by faculty members.
23        (k) Architects' plans, engineers' technical
24    submissions, and other construction related technical
25    documents for projects not constructed or developed in
26    whole or in part with public funds and the same for

 

 

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1    projects constructed or developed with public funds,
2    including, but not limited to, power generating and
3    distribution stations and other transmission and
4    distribution facilities, water treatment facilities,
5    airport facilities, sport stadiums, convention centers,
6    and all government owned, operated, or occupied buildings,
7    but only to the extent that disclosure would compromise
8    security.
9        (l) Minutes of meetings of public bodies closed to the
10    public as provided in the Open Meetings Act until the
11    public body makes the minutes available to the public
12    under Section 2.06 of the Open Meetings Act.
13        (m) Communications between a public body and an
14    attorney or auditor representing the public body that
15    would not be subject to discovery in litigation, and
16    materials prepared or compiled by or for a public body in
17    anticipation of a criminal, civil, or administrative
18    proceeding upon the request of an attorney advising the
19    public body, and materials prepared or compiled with
20    respect to internal audits of public bodies.
21        (n) Records relating to a public body's adjudication
22    of employee grievances or disciplinary cases; however,
23    this exemption shall not extend to the final outcome of
24    cases in which discipline is imposed.
25        (o) Administrative or technical information associated
26    with automated data processing operations, including, but

 

 

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1    not limited to, software, operating protocols, computer
2    program abstracts, file layouts, source listings, object
3    modules, load modules, user guides, documentation
4    pertaining to all logical and physical design of
5    computerized systems, employee manuals, and any other
6    information that, if disclosed, would jeopardize the
7    security of the system or its data or the security of
8    materials exempt under this Section.
9        (p) Records relating to collective negotiating matters
10    between public bodies and their employees or
11    representatives, except that any final contract or
12    agreement shall be subject to inspection and copying.
13        (q) Test questions, scoring keys, and other
14    examination data used to determine the qualifications of
15    an applicant for a license or employment.
16        (r) The records, documents, and information relating
17    to real estate purchase negotiations until those
18    negotiations have been completed or otherwise terminated.
19    With regard to a parcel involved in a pending or actually
20    and reasonably contemplated eminent domain proceeding
21    under the Eminent Domain Act, records, documents, and
22    information relating to that parcel shall be exempt except
23    as may be allowed under discovery rules adopted by the
24    Illinois Supreme Court. The records, documents, and
25    information relating to a real estate sale shall be exempt
26    until a sale is consummated.

 

 

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1        (s) Any and all proprietary information and records
2    related to the operation of an intergovernmental risk
3    management association or self-insurance pool or jointly
4    self-administered health and accident cooperative or pool.
5    Insurance or self insurance (including any
6    intergovernmental risk management association or self
7    insurance pool) claims, loss or risk management
8    information, records, data, advice or communications.
9        (t) Information contained in or related to
10    examination, operating, or condition reports prepared by,
11    on behalf of, or for the use of a public body responsible
12    for the regulation or supervision of financial
13    institutions, insurance companies, or pharmacy benefit
14    managers, unless disclosure is otherwise required by State
15    law.
16        (u) Information that would disclose or might lead to
17    the disclosure of secret or confidential information,
18    codes, algorithms, programs, or private keys intended to
19    be used to create electronic or digital signatures under
20    the Electronic Commerce Security Act.
21        (v) Vulnerability assessments, security measures, and
22    response policies or plans that are designed to identify,
23    prevent, or respond to potential attacks upon a
24    community's population or systems, facilities, or
25    installations, the destruction or contamination of which
26    would constitute a clear and present danger to the health

 

 

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1    or safety of the community, but only to the extent that
2    disclosure could reasonably be expected to jeopardize the
3    effectiveness of the measures or the safety of the
4    personnel who implement them or the public. Information
5    exempt under this item may include such things as details
6    pertaining to the mobilization or deployment of personnel
7    or equipment, to the operation of communication systems or
8    protocols, or to tactical operations.
9        (w) (Blank).
10        (x) Maps and other records regarding the location or
11    security of generation, transmission, distribution,
12    storage, gathering, treatment, or switching facilities
13    owned by a utility, by a power generator, or by the
14    Illinois Power Agency.
15        (y) Information contained in or related to proposals,
16    bids, or negotiations related to electric power
17    procurement under Section 1-75 of the Illinois Power
18    Agency Act and Section 16-111.5 of the Public Utilities
19    Act that is determined to be confidential and proprietary
20    by the Illinois Power Agency or by the Illinois Commerce
21    Commission.
22        (z) Information about students exempted from
23    disclosure under Sections 10-20.38 or 34-18.29 of the
24    School Code, and information about undergraduate students
25    enrolled at an institution of higher education exempted
26    from disclosure under Section 25 of the Illinois Credit

 

 

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1    Card Marketing Act of 2009.
2        (aa) Information the disclosure of which is exempted
3    under the Viatical Settlements Act of 2009.
4        (bb) Records and information provided to a mortality
5    review team and records maintained by a mortality review
6    team appointed under the Department of Juvenile Justice
7    Mortality Review Team Act.
8        (cc) Information regarding interments, entombments, or
9    inurnments of human remains that are submitted to the
10    Cemetery Oversight Database under the Cemetery Care Act or
11    the Cemetery Oversight Act, whichever is applicable.
12        (dd) Correspondence and records (i) that may not be
13    disclosed under Section 11-9 of the Illinois Public Aid
14    Code or (ii) that pertain to appeals under Section 11-8 of
15    the Illinois Public Aid Code.
16        (ee) The names, addresses, or other personal
17    information of persons who are minors and are also
18    participants and registrants in programs of park
19    districts, forest preserve districts, conservation
20    districts, recreation agencies, and special recreation
21    associations.
22        (ff) The names, addresses, or other personal
23    information of participants and registrants in programs of
24    park districts, forest preserve districts, conservation
25    districts, recreation agencies, and special recreation
26    associations where such programs are targeted primarily to

 

 

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1    minors.
2        (gg) Confidential information described in Section
3    1-100 of the Illinois Independent Tax Tribunal Act of
4    2012.
5        (hh) The report submitted to the State Board of
6    Education by the School Security and Standards Task Force
7    under item (8) of subsection (d) of Section 2-3.160 of the
8    School Code and any information contained in that report.
9        (ii) Records requested by persons committed to or
10    detained by the Department of Human Services under the
11    Sexually Violent Persons Commitment Act or committed to
12    the Department of Corrections under the Sexually Dangerous
13    Persons Act if those materials: (i) are available in the
14    library of the facility where the individual is confined;
15    (ii) include records from staff members' personnel files,
16    staff rosters, or other staffing assignment information;
17    or (iii) are available through an administrative request
18    to the Department of Human Services or the Department of
19    Corrections.
20        (jj) Confidential information described in Section
21    5-535 of the Civil Administrative Code of Illinois.
22        (kk) The public body's credit card numbers, debit card
23    numbers, bank account numbers, Federal Employer
24    Identification Number, security code numbers, passwords,
25    and similar account information, the disclosure of which
26    could result in identity theft or impression or defrauding

 

 

HB3054- 22 -LRB102 13030 AWJ 18373 b

1    of a governmental entity or a person.
2        (ll) (kk) Records concerning the work of the threat
3    assessment team of a school district.
4    (1.5) Any information exempt from disclosure under the
5Judicial Privacy Act and the Public Safety and Justice Privacy
6Act shall be redacted from public records prior to disclosure
7under this Act.
8    (2) A public record that is not in the possession of a
9public body but is in the possession of a party with whom the
10agency has contracted to perform a governmental function on
11behalf of the public body, and that directly relates to the
12governmental function and is not otherwise exempt under this
13Act, shall be considered a public record of the public body,
14for purposes of this Act.
15    (3) This Section does not authorize withholding of
16information or limit the availability of records to the
17public, except as stated in this Section or otherwise provided
18in this Act.
19(Source: P.A. 100-26, eff. 8-4-17; 100-201, eff. 8-18-17;
20100-732, eff. 8-3-18; 101-434, eff. 1-1-20; 101-452, eff.
211-1-20; 101-455, eff. 8-23-19; revised 9-27-19.)
 
22    Section 105. The Election Code is amended by adding
23Section 10-10.3 as follows:
 
24    (10 ILCS 5/10-10.3 new)

 

 

HB3054- 23 -LRB102 13030 AWJ 18373 b

1    Sec. 10-10.3. Removal of an official's address information
2from the certificate of nomination or nomination papers.
3    (a) As used in this Section, "home address" and "official"
4have the meanings given to those terms in Section 5 of the
5Public Safety and Justice Privacy Act.
6    (b) Upon expiration of the period for filing an objection
7to an official's certificate of nomination or nomination
8papers, an official who is a candidate may file a written
9request with the State Board of Elections for redaction of the
10official's home address information from his or her
11certificate of nomination or nomination papers. After receipt
12of the official's written request, the State Board of
13Elections shall redact or cause redaction of the official's
14home address from his or her certificate of nomination or
15nomination papers within 5 business days.
16    (c) Prior to expiration of the period for filing an
17objection to an official's certificate of nomination or
18nomination papers, the home address information from the
19certificate of nomination or nomination papers of an official
20who is a candidate is available for public inspection. After
21redaction of an official's home address information under
22subsection (b), the home address information is only available
23for an in camera inspection by the court reviewing an
24objection to the official's certificate of nomination or
25nomination papers.
 

 

 

HB3054- 24 -LRB102 13030 AWJ 18373 b

1    Section 110. The Illinois Identification Card Act is
2amended by changing Sections 4 and 5 as follows:
 
3    (15 ILCS 335/4)  (from Ch. 124, par. 24)
4    Sec. 4. Identification card.
5    (a) The Secretary of State shall issue a standard Illinois
6Identification Card to any natural person who is a resident of
7the State of Illinois who applies for such card, or renewal
8thereof. No identification card shall be issued to any person
9who holds a valid foreign state identification card, license,
10or permit unless the person first surrenders to the Secretary
11of State the valid foreign state identification card, license,
12or permit. The card shall be prepared and supplied by the
13Secretary of State and shall include a photograph and
14signature or mark of the applicant. However, the Secretary of
15State may provide by rule for the issuance of Illinois
16Identification Cards without photographs if the applicant has
17a bona fide religious objection to being photographed or to
18the display of his or her photograph. The Illinois
19Identification Card may be used for identification purposes in
20any lawful situation only by the person to whom it was issued.
21As used in this Act, "photograph" means any color photograph
22or digitally produced and captured image of an applicant for
23an identification card. As used in this Act, "signature" means
24the name of a person as written by that person and captured in
25a manner acceptable to the Secretary of State.

 

 

HB3054- 25 -LRB102 13030 AWJ 18373 b

1    (a-5) If an applicant for an identification card has a
2current driver's license or instruction permit issued by the
3Secretary of State, the Secretary may require the applicant to
4utilize the same residence address and name on the
5identification card, driver's license, and instruction permit
6records maintained by the Secretary. The Secretary may
7promulgate rules to implement this provision.
8    (a-10) If the applicant is a judicial officer as defined
9in Section 1-10 of the Judicial Privacy Act, an official as
10defined in Section 5 of the Public Safety and Justice Privacy
11Act, or a peace officer, the applicant may elect to have his or
12her office or work address listed on the card instead of the
13applicant's residence or mailing address. The Secretary may
14promulgate rules to implement this provision. For the purposes
15of this subsection (a-10), "peace officer" means any person
16who by virtue of his or her office or public employment is
17vested by law with a duty to maintain public order or to make
18arrests for a violation of any penal statute of this State,
19whether that duty extends to all violations or is limited to
20specific violations.
21    (a-15) The Secretary of State may provide for an expedited
22process for the issuance of an Illinois Identification Card.
23The Secretary shall charge an additional fee for the expedited
24issuance of an Illinois Identification Card, to be set by
25rule, not to exceed $75. All fees collected by the Secretary
26for expedited Illinois Identification Card service shall be

 

 

HB3054- 26 -LRB102 13030 AWJ 18373 b

1deposited into the Secretary of State Special Services Fund.
2The Secretary may adopt rules regarding the eligibility,
3process, and fee for an expedited Illinois Identification
4Card. If the Secretary of State determines that the volume of
5expedited identification card requests received on a given day
6exceeds the ability of the Secretary to process those requests
7in an expedited manner, the Secretary may decline to provide
8expedited services, and the additional fee for the expedited
9service shall be refunded to the applicant.
10    (a-20) The Secretary of State shall issue a standard
11Illinois Identification Card to a committed person upon
12release on parole, mandatory supervised release, aftercare
13release, final discharge, or pardon from the Department of
14Corrections or Department of Juvenile Justice, if the released
15person presents a certified copy of his or her birth
16certificate, social security card or other documents
17authorized by the Secretary, and 2 documents proving his or
18her Illinois residence address. Documents proving residence
19address may include any official document of the Department of
20Corrections or the Department of Juvenile Justice showing the
21released person's address after release and a Secretary of
22State prescribed certificate of residency form, which may be
23executed by Department of Corrections or Department of
24Juvenile Justice personnel.
25    (a-25) The Secretary of State shall issue a limited-term
26Illinois Identification Card valid for 90 days to a committed

 

 

HB3054- 27 -LRB102 13030 AWJ 18373 b

1person upon release on parole, mandatory supervised release,
2aftercare release, final discharge, or pardon from the
3Department of Corrections or Department of Juvenile Justice,
4if the released person is unable to present a certified copy of
5his or her birth certificate and social security card or other
6documents authorized by the Secretary, but does present a
7Secretary of State prescribed verification form completed by
8the Department of Corrections or Department of Juvenile
9Justice, verifying the released person's date of birth and
10social security number and 2 documents proving his or her
11Illinois residence address. The verification form must have
12been completed no more than 30 days prior to the date of
13application for the Illinois Identification Card. Documents
14proving residence address shall include any official document
15of the Department of Corrections or the Department of Juvenile
16Justice showing the person's address after release and a
17Secretary of State prescribed certificate of residency, which
18may be executed by Department of Corrections or Department of
19Juvenile Justice personnel.
20    Prior to the expiration of the 90-day period of the
21limited-term Illinois Identification Card, if the released
22person submits to the Secretary of State a certified copy of
23his or her birth certificate and his or her social security
24card or other documents authorized by the Secretary, a
25standard Illinois Identification Card shall be issued. A
26limited-term Illinois Identification Card may not be renewed.

 

 

HB3054- 28 -LRB102 13030 AWJ 18373 b

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

 

 

HB3054- 29 -LRB102 13030 AWJ 18373 b

1social security number, and a document proving his or her
2Illinois residence address. The verification form must have
3been completed no more than 30 days prior to the date of
4application for the Illinois Identification Card. The
5Secretary of State shall issue a limited-term Illinois
6Identification Card to a person no sooner than 14 days prior to
7his or her conditional release or absolute discharge if
8personnel from the Department of Human Services bring the
9person to a Secretary of State location with the required
10documents. Documents proving residence address shall include
11any official document of the Department of Human Services
12showing the person's address after release and a Secretary of
13State prescribed verification form, which may be executed by
14personnel of the Department of Human Services.
15    (b) The Secretary of State shall issue a special Illinois
16Identification Card, which shall be known as an Illinois
17Person with a Disability Identification Card, to any natural
18person who is a resident of the State of Illinois, who is a
19person with a disability as defined in Section 4A of this Act,
20who applies for such card, or renewal thereof. No Illinois
21Person with a Disability Identification Card shall be issued
22to any person who holds a valid foreign state identification
23card, license, or permit unless the person first surrenders to
24the Secretary of State the valid foreign state identification
25card, license, or permit. The Secretary of State shall charge
26no fee to issue such card. The card shall be prepared and

 

 

HB3054- 30 -LRB102 13030 AWJ 18373 b

1supplied by the Secretary of State, and shall include a
2photograph and signature or mark of the applicant, a
3designation indicating that the card is an Illinois Person
4with a Disability Identification Card, and shall include a
5comprehensible designation of the type and classification of
6the applicant's disability as set out in Section 4A of this
7Act. However, the Secretary of State may provide by rule for
8the issuance of Illinois Person with a Disability
9Identification Cards without photographs if the applicant has
10a bona fide religious objection to being photographed or to
11the display of his or her photograph. If the applicant so
12requests, the card shall include a description of the
13applicant's disability and any information about the
14applicant's disability or medical history which the Secretary
15determines would be helpful to the applicant in securing
16emergency medical care. If a mark is used in lieu of a
17signature, such mark shall be affixed to the card in the
18presence of two witnesses who attest to the authenticity of
19the mark. The Illinois Person with a Disability Identification
20Card may be used for identification purposes in any lawful
21situation by the person to whom it was issued.
22    The Illinois Person with a Disability Identification Card
23may be used as adequate documentation of disability in lieu of
24a physician's determination of disability, a determination of
25disability from a physician assistant, a determination of
26disability from an advanced practice registered nurse, or any

 

 

HB3054- 31 -LRB102 13030 AWJ 18373 b

1other documentation of disability whenever any State law
2requires that a person with a disability provide such
3documentation of disability, however an Illinois Person with a
4Disability Identification Card shall not qualify the
5cardholder to participate in any program or to receive any
6benefit which is not available to all persons with like
7disabilities. Notwithstanding any other provisions of law, an
8Illinois Person with a Disability Identification Card, or
9evidence that the Secretary of State has issued an Illinois
10Person with a Disability Identification Card, shall not be
11used by any person other than the person named on such card to
12prove that the person named on such card is a person with a
13disability or for any other purpose unless the card is used for
14the benefit of the person named on such card, and the person
15named on such card consents to such use at the time the card is
16so used.
17    An optometrist's determination of a visual disability
18under Section 4A of this Act is acceptable as documentation
19for the purpose of issuing an Illinois Person with a
20Disability Identification Card.
21    When medical information is contained on an Illinois
22Person with a Disability Identification Card, the Office of
23the Secretary of State shall not be liable for any actions
24taken based upon that medical information.
25    (c) The Secretary of State shall provide that each
26original or renewal Illinois Identification Card or Illinois

 

 

HB3054- 32 -LRB102 13030 AWJ 18373 b

1Person with a Disability Identification Card issued to a
2person under the age of 21 shall be of a distinct nature from
3those Illinois Identification Cards or Illinois Person with a
4Disability Identification Cards issued to individuals 21 years
5of age or older. The color designated for Illinois
6Identification Cards or Illinois Person with a Disability
7Identification Cards for persons under the age of 21 shall be
8at the discretion of the Secretary of State.
9    (c-1) Each original or renewal Illinois Identification
10Card or Illinois Person with a Disability Identification Card
11issued to a person under the age of 21 shall display the date
12upon which the person becomes 18 years of age and the date upon
13which the person becomes 21 years of age.
14    (c-3) The General Assembly recognizes the need to identify
15military veterans living in this State for the purpose of
16ensuring that they receive all of the services and benefits to
17which they are legally entitled, including healthcare,
18education assistance, and job placement. To assist the State
19in identifying these veterans and delivering these vital
20services and benefits, the Secretary of State is authorized to
21issue Illinois Identification Cards and Illinois Person with a
22Disability Identification Cards with the word "veteran"
23appearing on the face of the cards. This authorization is
24predicated on the unique status of veterans. The Secretary may
25not issue any other identification card which identifies an
26occupation, status, affiliation, hobby, or other unique

 

 

HB3054- 33 -LRB102 13030 AWJ 18373 b

1characteristics of the identification card holder which is
2unrelated to the purpose of the identification card.
3    (c-5) Beginning on or before July 1, 2015, the Secretary
4of State shall designate a space on each original or renewal
5identification card where, at the request of the applicant,
6the word "veteran" shall be placed. The veteran designation
7shall be available to a person identified as a veteran under
8subsection (b) of Section 5 of this Act who was discharged or
9separated under honorable conditions.
10    (d) The Secretary of State may issue a Senior Citizen
11discount card, to any natural person who is a resident of the
12State of Illinois who is 60 years of age or older and who
13applies for such a card or renewal thereof. The Secretary of
14State shall charge no fee to issue such card. The card shall be
15issued in every county and applications shall be made
16available at, but not limited to, nutrition sites, senior
17citizen centers and Area Agencies on Aging. The applicant,
18upon receipt of such card and prior to its use for any purpose,
19shall have affixed thereon in the space provided therefor his
20signature or mark.
21    (e) The Secretary of State, in his or her discretion, may
22designate on each Illinois Identification Card or Illinois
23Person with a Disability Identification Card a space where the
24card holder may place a sticker or decal, issued by the
25Secretary of State, of uniform size as the Secretary may
26specify, that shall indicate in appropriate language that the

 

 

HB3054- 34 -LRB102 13030 AWJ 18373 b

1card holder has renewed his or her Illinois Identification
2Card or Illinois Person with a Disability Identification Card.
3(Source: P.A. 99-143, eff. 7-27-15; 99-173, eff. 7-29-15;
499-305, eff. 1-1-16; 99-642, eff. 7-28-16; 99-907, eff.
57-1-17; 100-513, eff. 1-1-18; 100-717, eff. 7-1-19.)
 
6    (15 ILCS 335/5)  (from Ch. 124, par. 25)
7    Sec. 5. Applications.
8    (a) Any natural person who is a resident of the State of
9Illinois may file an application for an identification card,
10or for the renewal thereof, in a manner prescribed by the
11Secretary. Each original application shall be completed by the
12applicant in full and shall set forth the legal name,
13residence address and zip code, social security number, birth
14date, sex and a brief description of the applicant. The
15applicant shall be photographed, unless the Secretary of State
16has provided by rule for the issuance of identification cards
17without photographs and the applicant is deemed eligible for
18an identification card without a photograph under the terms
19and conditions imposed by the Secretary of State, and he or she
20shall also submit any other information as the Secretary may
21deem necessary or such documentation as the Secretary may
22require to determine the identity of the applicant. In
23addition to the residence address, the Secretary may allow the
24applicant to provide a mailing address. If the applicant is a
25judicial officer as defined in Section 1-10 of the Judicial

 

 

HB3054- 35 -LRB102 13030 AWJ 18373 b

1Privacy Act, an official as defined in Section 5 of the Public
2Safety and Justice Privacy Act, or a peace officer, the
3applicant may elect to have his or her office or work address
4in lieu of the applicant's residence or mailing address. An
5applicant for an Illinois Person with a Disability
6Identification Card must also submit with each original or
7renewal application, on forms prescribed by the Secretary,
8such documentation as the Secretary may require, establishing
9that the applicant is a "person with a disability" as defined
10in Section 4A of this Act, and setting forth the applicant's
11type and class of disability as set forth in Section 4A of this
12Act. For the purposes of this subsection (a), "peace officer"
13means any person who by virtue of his or her office or public
14employment is vested by law with a duty to maintain public
15order or to make arrests for a violation of any penal statute
16of this State, whether that duty extends to all violations or
17is limited to specific violations.
18    (a-5) Upon the first issuance of a request for proposals
19for a digital driver's license and identification card
20issuance and facial recognition system issued after January 1,
212020 (the effective date of Public Act 101-513) this
22amendatory Act of the 101st General Assembly, and upon
23implementation of a new or revised system procured pursuant to
24that request for proposals, the Secretary shall permit
25applicants to choose between "male", "female", or "non-binary"
26when designating the applicant's sex on the identification

 

 

HB3054- 36 -LRB102 13030 AWJ 18373 b

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

 

 

HB3054- 37 -LRB102 13030 AWJ 18373 b

1The Department may take steps necessary to confirm the
2applicant is a veteran. If after due diligence, including
3writing to the applicant at the address provided by the
4Secretary, the Department is unable to verify the applicant's
5veteran status, the Department shall inform the Secretary, who
6shall notify the applicant that he or she must confirm status
7as a veteran, or the identification card will be cancelled.
8    For purposes of this subsection (b):
9    "Armed forces" means any of the Armed Forces of the United
10States, including a member of any reserve component or
11National Guard unit.
12    "Veteran" means a person who has served in the armed
13forces and was discharged or separated under honorable
14conditions.
15    (c) All applicants for REAL ID compliant standard Illinois
16Identification Cards and Illinois Person with a Disability
17Identification Cards shall provide proof of lawful status in
18the United States as defined in 6 CFR 37.3, as amended.
19Applicants who are unable to provide the Secretary with proof
20of lawful status are ineligible for REAL ID compliant
21identification cards under this Act.
22(Source: P.A. 100-201, eff. 8-18-17; 100-248, eff. 8-22-17;
23100-811, eff. 1-1-19; 101-106, eff. 1-1-20; 101-287, eff.
248-9-19; 101-513, eff. 1-1-20; revised 9-25-19.)
 
25    Section 115. The Illinois Vehicle Code is amended by

 

 

HB3054- 38 -LRB102 13030 AWJ 18373 b

1changing Sections 3-405, 6-106, and 6-110 as follows:
 
2    (625 ILCS 5/3-405)  (from Ch. 95 1/2, par. 3-405)
3    Sec. 3-405. Application for registration.
4    (a) Every owner of a vehicle subject to registration under
5this Code shall make application to the Secretary of State for
6the registration of such vehicle upon the appropriate form or
7forms furnished by the Secretary. Every such application shall
8bear the signature of the owner written with pen and ink and
9contain:
10        1. The name, domicile address, as defined in Section
11    1-115.5 of this Code, (except as otherwise provided in
12    this paragraph 1), mail address of the owner or business
13    address of the owner if a firm, association, or
14    corporation, and, if available, email address of the
15    owner. If the mailing address is a post office box number,
16    the address listed on the driver license record may be
17    used to verify residence. A police officer, a deputy
18    sheriff, an elected sheriff, a law enforcement officer for
19    the Department of State Police, a fire investigator, a
20    state's attorney, an assistant state's attorney, a state's
21    attorney special investigator, an official, or a judicial
22    officer may elect to furnish the address of the
23    headquarters of the governmental entity, police district,
24    or business address where he or she works instead of his or
25    her domicile address, in which case that address shall be

 

 

HB3054- 39 -LRB102 13030 AWJ 18373 b

1    deemed to be his or her domicile address for all purposes
2    under this Chapter 3. The spouse and children of a person
3    who may elect under this paragraph 1 to furnish the
4    address of the headquarters of the government entity,
5    police district, or business address where the person
6    works instead of the person's domicile address may, if
7    they reside with that person, also elect to furnish the
8    address of the headquarters of the government entity,
9    police district, or business address where the person
10    works as their domicile address, in which case that
11    address shall be deemed to be their domicile address for
12    all purposes under this Chapter 3. In this paragraph 1:
13    (A) "police officer" has the meaning ascribed to
14    "policeman" in Section 10-3-1 of the Illinois Municipal
15    Code; (B) "deputy sheriff" means a deputy sheriff
16    appointed under Section 3-6008 of the Counties Code; (C)
17    "elected sheriff" means a sheriff commissioned pursuant to
18    Section 3-6001 of the Counties Code; (D) "fire
19    investigator" means a person classified as a peace officer
20    under the Peace Officer Fire Investigation Act; (E)
21    "state's attorney", "assistant state's attorney", and
22    "state's attorney special investigator" mean a state's
23    attorney, assistant state's attorney, and state's attorney
24    special investigator commissioned or appointed under
25    Division 3-9 of the Counties Code; and (F) "judicial
26    officer" has the meaning ascribed to it in Section 1-10 of

 

 

HB3054- 40 -LRB102 13030 AWJ 18373 b

1    the Judicial Privacy Act; and (G) "official" has the
2    meaning ascribed to it in Section 5 of the Public Safety
3    and Justice Privacy Act.
4        2. A description of the vehicle, including such
5    information as is required in an application for a
6    certificate of title, determined under such standard
7    rating as may be prescribed by the Secretary.
8        3. (Blank).
9        4. Such further information as may reasonably be
10    required by the Secretary to enable him to determine
11    whether the vehicle is lawfully entitled to registration
12    and the owner entitled to a certificate of title.
13        5. An affirmation by the applicant that all
14    information set forth is true and correct. If the
15    application is for the registration of a motor vehicle,
16    the applicant also shall affirm that the motor vehicle is
17    insured as required by this Code, that such insurance will
18    be maintained throughout the period for which the motor
19    vehicle shall be registered, and that neither the owner,
20    nor any person operating the motor vehicle with the
21    owner's permission, shall operate the motor vehicle unless
22    the required insurance is in effect. If the person signing
23    the affirmation is not the sole owner of the vehicle, such
24    person shall be deemed to have affirmed on behalf of all
25    the owners of the vehicle. If the person signing the
26    affirmation is not an owner of the vehicle, such person

 

 

HB3054- 41 -LRB102 13030 AWJ 18373 b

1    shall be deemed to have affirmed on behalf of the owner or
2    owners of the vehicle. The lack of signature on the
3    application shall not in any manner exempt the owner or
4    owners from any provisions, requirements or penalties of
5    this Code.
6    (b) When such application refers to a new vehicle
7purchased from a dealer the application shall be accompanied
8by a Manufacturer's Statement of Origin from the dealer, and a
9statement showing any lien retained by the dealer.
10(Source: P.A. 100-145, eff. 1-1-18.)
 
11    (625 ILCS 5/6-106)  (from Ch. 95 1/2, par. 6-106)
12    Sec. 6-106. Application for license or instruction permit.
13    (a) Every application for any permit or license authorized
14to be issued under this Code shall be made upon a form
15furnished by the Secretary of State. Every application shall
16be accompanied by the proper fee and payment of such fee shall
17entitle the applicant to not more than 3 attempts to pass the
18examination within a period of one year after the date of
19application.
20    (b) Every application shall state the legal name, social
21security number, zip code, date of birth, sex, and residence
22address of the applicant; briefly describe the applicant;
23state whether the applicant has theretofore been licensed as a
24driver, and, if so, when and by what state or country, and
25whether any such license has ever been cancelled, suspended,

 

 

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

 

 

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1duty to maintain public order or to make arrests for a
2violation of any penal statute of this State, whether that
3duty extends to all violations or is limited to specific
4violations.
5    (b-3) Upon the first issuance of a request for proposals
6for a digital driver's license and identification card
7issuance and facial recognition system issued after January 1,
82020 (the effective date of Public Act 101-513) this
9amendatory Act of the 101st General Assembly, and upon
10implementation of a new or revised system procured pursuant to
11that request for proposals, the Secretary shall permit
12applicants to choose between "male", "female" or "non-binary"
13when designating the applicant's sex on the driver's license
14application form. The sex designated by the applicant shall be
15displayed on the driver's license issued to the applicant.
16    (b-5) Every applicant for a REAL ID compliant driver's
17license or permit shall provide proof of lawful status in the
18United States as defined in 6 CFR 37.3, as amended. Applicants
19who are unable to provide the Secretary with proof of lawful
20status may apply for a driver's license or permit under
21Section 6-105.1 of this Code.
22    (c) The application form shall include a notice to the
23applicant of the registration obligations of sex offenders
24under the Sex Offender Registration Act. The notice shall be
25provided in a form and manner prescribed by the Secretary of
26State. For purposes of this subsection (c), "sex offender" has

 

 

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

 

 

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

 

 

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1    "Armed forces" means any of the Armed Forces of the United
2States, including a member of any reserve component or
3National Guard unit.
4    "Veteran" means a person who has served in the armed
5forces and was discharged or separated under honorable
6conditions.
7(Source: P.A. 100-201, eff. 8-18-17; 100-248, eff. 8-22-17;
8100-811, eff. 1-1-19; 101-106, eff. 1-1-20; 101-287, eff.
98-9-19; 101-513, eff. 1-1-20; revised 8-24-20.)
 
10    (625 ILCS 5/6-110)  (from Ch. 95 1/2, par. 6-110)
11    Sec. 6-110. Licenses issued to drivers.
12    (a) The Secretary of State shall issue to every qualifying
13applicant a driver's license as applied for, which license
14shall bear a distinguishing number assigned to the licensee,
15the legal name, signature, zip code, date of birth, residence
16address, and a brief description of the licensee.
17    Licenses issued shall also indicate the classification and
18the restrictions under Section 6-104 of this Code. The
19Secretary may adopt rules to establish informational
20restrictions that can be placed on the driver's license
21regarding specific conditions of the licensee.
22    A driver's license issued may, in the discretion of the
23Secretary, include a suitable photograph of a type prescribed
24by the Secretary.
25    (a-1) If the licensee is less than 18 years of age, unless

 

 

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1one of the exceptions in subsection (a-2) apply, the license
2shall, as a matter of law, be invalid for the operation of any
3motor vehicle during the following times:
4        (A) Between 11:00 p.m. Friday and 6:00 a.m. Saturday;
5        (B) Between 11:00 p.m. Saturday and 6:00 a.m. on
6    Sunday; and
7        (C) Between 10:00 p.m. on Sunday to Thursday,
8    inclusive, and 6:00 a.m. on the following day.
9    (a-2) The driver's license of a person under the age of 18
10shall not be invalid as described in subsection (a-1) of this
11Section if the licensee under the age of 18 was:
12        (1) accompanied by the licensee's parent or guardian
13    or other person in custody or control of the minor;
14        (2) on an errand at the direction of the minor's
15    parent or guardian, without any detour or stop;
16        (3) in a motor vehicle involved in interstate travel;
17        (4) going to or returning home from an employment
18    activity, without any detour or stop;
19        (5) involved in an emergency;
20        (6) going to or returning home from, without any
21    detour or stop, an official school, religious, or other
22    recreational activity supervised by adults and sponsored
23    by a government or governmental agency, a civic
24    organization, or another similar entity that takes
25    responsibility for the licensee, without any detour or
26    stop;

 

 

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1        (7) exercising First Amendment rights protected by the
2    United States Constitution, such as the free exercise of
3    religion, freedom of speech, and the right of assembly; or
4        (8) married or had been married or is an emancipated
5    minor under the Emancipation of Minors Act.
6    (a-2.5) The driver's license of a person who is 17 years of
7age and has been licensed for at least 12 months is not invalid
8as described in subsection (a-1) of this Section while the
9licensee is participating as an assigned driver in a Safe
10Rides program that meets the following criteria:
11        (1) the program is sponsored by the Boy Scouts of
12    America or another national public service organization;
13    and
14        (2) the sponsoring organization carries liability
15    insurance covering the program.
16    (a-3) If a graduated driver's license holder over the age
17of 18 committed an offense against traffic regulations
18governing the movement of vehicles or any violation of Section
196-107 or Section 12-603.1 of this Code in the 6 months prior to
20the graduated driver's license holder's 18th birthday, and was
21subsequently convicted of the offense, the provisions of
22subsection (a-1) shall continue to apply until such time as a
23period of 6 consecutive months has elapsed without an
24additional violation and subsequent conviction of an offense
25against traffic regulations governing the movement of vehicles
26or Section 6-107 or Section 12-603.1 of this Code.

 

 

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1    (a-4) If an applicant for a driver's license or
2instruction permit has a current identification card issued by
3the Secretary of State, the Secretary may require the
4applicant to utilize the same residence address and name on
5the identification card, driver's license, and instruction
6permit records maintained by the Secretary. The Secretary may
7promulgate rules to implement this provision.
8    (a-5) If an applicant for a driver's license is a judicial
9officer, an official, or a peace officer, the applicant may
10elect to have his or her office or work address listed on the
11license instead of the applicant's residence or mailing
12address. The Secretary of State shall adopt rules to implement
13this subsection (a-5). For the purposes of this subsection
14(a-5): ,
15    "Official" has the meaning ascribed to it in Section 5 of
16the Public Safety and Justice Privacy Act.
17    "Peace peace officer" means any person who by virtue of
18his or her office or public employment is vested by law with a
19duty to maintain public order or to make arrests for a
20violation of any penal statute of this State, whether that
21duty extends to all violations or is limited to specific
22violations.
23    (b) Until the Secretary of State establishes a First
24Person Consent organ and tissue donor registry under Section
256-117 of this Code, the Secretary of State shall provide a
26format on the reverse of each driver's license issued which

 

 

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

 

 

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

 

 

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

 

 

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1license prior to April 1, 1992.
2    (g) The Secretary of State shall designate on a driver's
3license issued, a space where the licensee may indicate that
4he or she has drafted a living will in accordance with the
5Illinois Living Will Act or a durable power of attorney for
6health care in accordance with the Illinois Power of Attorney
7Act.
8    (g-1) The Secretary of State, in his or her discretion,
9may designate on each driver's license issued a space where
10the licensee may place a sticker or decal, issued by the
11Secretary of State, of uniform size as the Secretary may
12specify, that shall indicate in appropriate language that the
13owner of the license has renewed his or her driver's license.
14    (h) A person who acts in good faith in accordance with the
15terms of this Section is not liable for damages in any civil
16action or subject to prosecution in any criminal proceeding
17for his or her act.
18(Source: P.A. 97-263, eff. 8-5-11; 97-739, eff. 1-1-13;
1997-847, eff. 1-1-13; 97-1127, eff. 1-1-13; 98-323, eff.
201-1-14; 98-463, eff. 8-16-13.)
 
21    Section 999. Effective date. This Act takes effect upon
22becoming law.

 

 

HB3054- 54 -LRB102 13030 AWJ 18373 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