Rep. Stephanie A. Kifowit
Filed: 4/15/2024
| |||||||
| |||||||
1 | AMENDMENT TO HOUSE BILL 458 | ||||||
2 | AMENDMENT NO. ______. Amend House Bill 458 by replacing | ||||||
3 | everything after the enacting clause with the following: | ||||||
4 | "Section 1. This Act may be referred to as the Military | ||||||
5 | Family Anti-Discrimination Act. | ||||||
6 | Section 5. The Illinois Identification Card Act is amended | ||||||
7 | by changing Sections 4 and 5 as follows: | ||||||
8 | (15 ILCS 335/4) | ||||||
9 | (Text of Section before amendment by P.A. 103-210 ) | ||||||
10 | Sec. 4. Identification card. | ||||||
11 | (a) The Secretary of State shall issue a standard Illinois | ||||||
12 | Identification Card to any natural person who is a resident of | ||||||
13 | the State of Illinois who applies for such card, or renewal | ||||||
14 | thereof. No identification card shall be issued to any person | ||||||
15 | who holds a valid foreign state identification card, license, |
| |||||||
| |||||||
1 | or permit unless the person first surrenders to the Secretary | ||||||
2 | of State the valid foreign state identification card, license, | ||||||
3 | or permit. The card shall be prepared and supplied by the | ||||||
4 | Secretary of State and shall include a photograph and | ||||||
5 | signature or mark of the applicant. However, the Secretary of | ||||||
6 | State may provide by rule for the issuance of Illinois | ||||||
7 | Identification Cards without photographs if the applicant has | ||||||
8 | a bona fide religious objection to being photographed or to | ||||||
9 | the display of his or her photograph. The Illinois | ||||||
10 | Identification Card may be used for identification purposes in | ||||||
11 | any lawful situation only by the person to whom it was issued. | ||||||
12 | As used in this Act, "photograph" means any color photograph | ||||||
13 | or digitally produced and captured image of an applicant for | ||||||
14 | an identification card. As used in this Act, "signature" means | ||||||
15 | the name of a person as written by that person and captured in | ||||||
16 | a manner acceptable to the Secretary of State. | ||||||
17 | (a-5) If an applicant for an identification card has a | ||||||
18 | current driver's license or instruction permit issued by the | ||||||
19 | Secretary of State, the Secretary may require the applicant to | ||||||
20 | utilize the same residence address and name on the | ||||||
21 | identification card, driver's license, and instruction permit | ||||||
22 | records maintained by the Secretary. The Secretary may | ||||||
23 | promulgate rules to implement this provision. | ||||||
24 | (a-10) If the applicant is a judicial officer as defined | ||||||
25 | in Section 1-10 of the Judicial Privacy Act or a peace officer, | ||||||
26 | the applicant may elect to have his or her office or work |
| |||||||
| |||||||
1 | address listed on the card instead of the applicant's | ||||||
2 | residence or mailing address. The Secretary may promulgate | ||||||
3 | rules to implement this provision. For the purposes of this | ||||||
4 | subsection (a-10), "peace officer" means any person who by | ||||||
5 | virtue of his or her office or public employment is vested by | ||||||
6 | law with a duty to maintain public order or to make arrests for | ||||||
7 | a violation of any penal statute of this State, whether that | ||||||
8 | duty extends to all violations or is limited to specific | ||||||
9 | violations. | ||||||
10 | (a-15) The Secretary of State may provide for an expedited | ||||||
11 | process for the issuance of an Illinois Identification Card. | ||||||
12 | The Secretary shall charge an additional fee for the expedited | ||||||
13 | issuance of an Illinois Identification Card, to be set by | ||||||
14 | rule, not to exceed $75. All fees collected by the Secretary | ||||||
15 | for expedited Illinois Identification Card service shall be | ||||||
16 | deposited into the Secretary of State Special Services Fund. | ||||||
17 | The Secretary may adopt rules regarding the eligibility, | ||||||
18 | process, and fee for an expedited Illinois Identification | ||||||
19 | Card. If the Secretary of State determines that the volume of | ||||||
20 | expedited identification card requests received on a given day | ||||||
21 | exceeds the ability of the Secretary to process those requests | ||||||
22 | in an expedited manner, the Secretary may decline to provide | ||||||
23 | expedited services, and the additional fee for the expedited | ||||||
24 | service shall be refunded to the applicant. | ||||||
25 | (a-20) The Secretary of State shall issue a standard | ||||||
26 | Illinois Identification Card to a person committed to the |
| |||||||
| |||||||
1 | Department of Corrections or Department of Juvenile Justice | ||||||
2 | upon receipt of the person's birth certificate, social | ||||||
3 | security card, photograph, proof of residency upon discharge, | ||||||
4 | and an identification card application transferred via a | ||||||
5 | secure method as agreed upon by the Secretary and the | ||||||
6 | Department of Corrections or Department of Juvenile Justice. | ||||||
7 | Illinois residency shall be established by submission of a | ||||||
8 | Secretary of State prescribed Identification Card verification | ||||||
9 | form completed by the respective Department. | ||||||
10 | (a-25) The Secretary of State shall issue a limited-term | ||||||
11 | Illinois Identification Card valid for 90 days to a committed | ||||||
12 | person upon release on parole, mandatory supervised release, | ||||||
13 | aftercare release, final discharge, or pardon from the | ||||||
14 | Department of Corrections or Department of Juvenile Justice, | ||||||
15 | if the released person is unable to present a certified copy of | ||||||
16 | his or her birth certificate and social security card or other | ||||||
17 | documents authorized by the Secretary, but does present a | ||||||
18 | Secretary of State prescribed Identification Card verification | ||||||
19 | form completed by the Department of Corrections or Department | ||||||
20 | of Juvenile Justice, verifying the released person's date of | ||||||
21 | birth, social security number, and his or her Illinois | ||||||
22 | residence address. The verification form must have been | ||||||
23 | completed no more than 30 days prior to the date of application | ||||||
24 | for the Illinois Identification Card. | ||||||
25 | Prior to the expiration of the 90-day period of the | ||||||
26 | limited-term Illinois Identification Card, if the released |
| |||||||
| |||||||
1 | person submits to the Secretary of State a certified copy of | ||||||
2 | his or her birth certificate and his or her social security | ||||||
3 | card or other documents authorized by the Secretary, a | ||||||
4 | standard Illinois Identification Card shall be issued. A | ||||||
5 | limited-term Illinois Identification Card may not be renewed. | ||||||
6 | (a-30) The Secretary of State shall issue a standard | ||||||
7 | Illinois Identification Card to a person upon conditional | ||||||
8 | release or absolute discharge from the custody of the | ||||||
9 | Department of Human Services, if the person presents a | ||||||
10 | certified copy of his or her birth certificate, social | ||||||
11 | security card, or other documents authorized by the Secretary, | ||||||
12 | and a document proving his or her Illinois residence address. | ||||||
13 | The Secretary of State shall issue a standard Illinois | ||||||
14 | Identification Card to a person prior to his or her | ||||||
15 | conditional release or absolute discharge if personnel from | ||||||
16 | the Department of Human Services bring the person to a | ||||||
17 | Secretary of State location with the required documents. | ||||||
18 | Documents proving residence address may include any official | ||||||
19 | document of the Department of Human Services showing the | ||||||
20 | person's address after release and a Secretary of State | ||||||
21 | prescribed verification form, which may be executed by | ||||||
22 | personnel of the Department of Human Services. | ||||||
23 | (a-35) The Secretary of State shall issue a limited-term | ||||||
24 | Illinois Identification Card valid for 90 days to a person | ||||||
25 | upon conditional release or absolute discharge from the | ||||||
26 | custody of the Department of Human Services, if the person is |
| |||||||
| |||||||
1 | unable to present a certified copy of his or her birth | ||||||
2 | certificate and social security card or other documents | ||||||
3 | authorized by the Secretary, but does present a Secretary of | ||||||
4 | State prescribed verification form completed by the Department | ||||||
5 | of Human Services, verifying the person's date of birth and | ||||||
6 | social security number, and a document proving his or her | ||||||
7 | Illinois residence address. The verification form must have | ||||||
8 | been completed no more than 30 days prior to the date of | ||||||
9 | application for the Illinois Identification Card. The | ||||||
10 | Secretary of State shall issue a limited-term Illinois | ||||||
11 | Identification Card to a person no sooner than 14 days prior to | ||||||
12 | his or her conditional release or absolute discharge if | ||||||
13 | personnel from the Department of Human Services bring the | ||||||
14 | person to a Secretary of State location with the required | ||||||
15 | documents. Documents proving residence address shall include | ||||||
16 | any official document of the Department of Human Services | ||||||
17 | showing the person's address after release and a Secretary of | ||||||
18 | State prescribed verification form, which may be executed by | ||||||
19 | personnel of the Department of Human Services. | ||||||
20 | (b) The Secretary of State shall issue a special Illinois | ||||||
21 | Identification Card, which shall be known as an Illinois | ||||||
22 | Person with a Disability Identification Card, to any natural | ||||||
23 | person who is a resident of the State of Illinois, who is a | ||||||
24 | person with a disability as defined in Section 4A of this Act, | ||||||
25 | who applies for such card, or renewal thereof. No Illinois | ||||||
26 | Person with a Disability Identification Card shall be issued |
| |||||||
| |||||||
1 | to any person who holds a valid foreign state identification | ||||||
2 | card, license, or permit unless the person first surrenders to | ||||||
3 | the Secretary of State the valid foreign state identification | ||||||
4 | card, license, or permit. The Secretary of State shall charge | ||||||
5 | no fee to issue such card. The card shall be prepared and | ||||||
6 | supplied by the Secretary of State, and shall include a | ||||||
7 | photograph and signature or mark of the applicant, a | ||||||
8 | designation indicating that the card is an Illinois Person | ||||||
9 | with a Disability Identification Card, and shall include a | ||||||
10 | comprehensible designation of the type and classification of | ||||||
11 | the applicant's disability as set out in Section 4A of this | ||||||
12 | Act. However, the Secretary of State may provide by rule for | ||||||
13 | the issuance of Illinois Person with a Disability | ||||||
14 | Identification Cards without photographs if the applicant has | ||||||
15 | a bona fide religious objection to being photographed or to | ||||||
16 | the display of his or her photograph. If the applicant so | ||||||
17 | requests, the card shall include a description of the | ||||||
18 | applicant's disability and any information about the | ||||||
19 | applicant's disability or medical history which the Secretary | ||||||
20 | determines would be helpful to the applicant in securing | ||||||
21 | emergency medical care. If a mark is used in lieu of a | ||||||
22 | signature, such mark shall be affixed to the card in the | ||||||
23 | presence of two witnesses who attest to the authenticity of | ||||||
24 | the mark. The Illinois Person with a Disability Identification | ||||||
25 | Card may be used for identification purposes in any lawful | ||||||
26 | situation by the person to whom it was issued. |
| |||||||
| |||||||
1 | The Illinois Person with a Disability Identification Card | ||||||
2 | may be used as adequate documentation of disability in lieu of | ||||||
3 | a physician's determination of disability, a determination of | ||||||
4 | disability from a physician assistant, a determination of | ||||||
5 | disability from an advanced practice registered nurse, or any | ||||||
6 | other documentation of disability whenever any State law | ||||||
7 | requires that a person with a disability provide such | ||||||
8 | documentation of disability, however an Illinois Person with a | ||||||
9 | Disability Identification Card shall not qualify the | ||||||
10 | cardholder to participate in any program or to receive any | ||||||
11 | benefit which is not available to all persons with like | ||||||
12 | disabilities. Notwithstanding any other provisions of law, an | ||||||
13 | Illinois Person with a Disability Identification Card, or | ||||||
14 | evidence that the Secretary of State has issued an Illinois | ||||||
15 | Person with a Disability Identification Card, shall not be | ||||||
16 | used by any person other than the person named on such card to | ||||||
17 | prove that the person named on such card is a person with a | ||||||
18 | disability or for any other purpose unless the card is used for | ||||||
19 | the benefit of the person named on such card, and the person | ||||||
20 | named on such card consents to such use at the time the card is | ||||||
21 | so used. | ||||||
22 | An optometrist's determination of a visual disability | ||||||
23 | under Section 4A of this Act is acceptable as documentation | ||||||
24 | for the purpose of issuing an Illinois Person with a | ||||||
25 | Disability Identification Card. | ||||||
26 | When medical information is contained on an Illinois |
| |||||||
| |||||||
1 | Person with a Disability Identification Card, the Office of | ||||||
2 | the Secretary of State shall not be liable for any actions | ||||||
3 | taken based upon that medical information. | ||||||
4 | (c) The Secretary of State shall provide that each | ||||||
5 | original or renewal Illinois Identification Card or Illinois | ||||||
6 | Person with a Disability Identification Card issued to a | ||||||
7 | person under the age of 21 shall be of a distinct nature from | ||||||
8 | those Illinois Identification Cards or Illinois Person with a | ||||||
9 | Disability Identification Cards issued to individuals 21 years | ||||||
10 | of age or older. The color designated for Illinois | ||||||
11 | Identification Cards or Illinois Person with a Disability | ||||||
12 | Identification Cards for persons under the age of 21 shall be | ||||||
13 | at the discretion of the Secretary of State. | ||||||
14 | (c-1) Each original or renewal Illinois Identification | ||||||
15 | Card or Illinois Person with a Disability Identification Card | ||||||
16 | issued to a person under the age of 21 shall display the date | ||||||
17 | upon which the person becomes 18 years of age and the date upon | ||||||
18 | which the person becomes 21 years of age. | ||||||
19 | (c-3) The General Assembly recognizes the need to identify | ||||||
20 | military veterans living in this State for the purpose of | ||||||
21 | ensuring that they receive all of the services and benefits to | ||||||
22 | which they are legally entitled, including healthcare, | ||||||
23 | education assistance, and job placement. To assist the State | ||||||
24 | in identifying these veterans and delivering these vital | ||||||
25 | services and benefits, the Secretary of State is authorized to | ||||||
26 | issue Illinois Identification Cards and Illinois Person with a |
| |||||||
| |||||||
1 | Disability Identification Cards with the word "veteran" | ||||||
2 | appearing on the face of the cards. This authorization is | ||||||
3 | predicated on the unique status of veterans. The Secretary may | ||||||
4 | not issue any other identification card which identifies an | ||||||
5 | occupation, status, affiliation, hobby, or other unique | ||||||
6 | characteristics of the identification card holder which is | ||||||
7 | unrelated to the purpose of the identification card. | ||||||
8 | (c-5) Beginning on or before July 1, 2015, the Secretary | ||||||
9 | of State shall designate a space on each original or renewal | ||||||
10 | identification card where, at the request of the applicant, | ||||||
11 | the word "veteran" shall be placed. The veteran designation | ||||||
12 | shall be available to a person identified as a veteran under | ||||||
13 | subsection (b) of Section 5 of this Act who was discharged or | ||||||
14 | separated under honorable conditions. | ||||||
15 | (d) The Secretary of State may issue a Senior Citizen | ||||||
16 | discount card, to any natural person who is a resident of the | ||||||
17 | State of Illinois who is 60 years of age or older and who | ||||||
18 | applies for such a card or renewal thereof. The Secretary of | ||||||
19 | State shall charge no fee to issue such card. The card shall be | ||||||
20 | issued in every county and applications shall be made | ||||||
21 | available at, but not limited to, nutrition sites, senior | ||||||
22 | citizen centers and Area Agencies on Aging. The applicant, | ||||||
23 | upon receipt of such card and prior to its use for any purpose, | ||||||
24 | shall have affixed thereon in the space provided therefor his | ||||||
25 | signature or mark. | ||||||
26 | (e) The Secretary of State, in his or her discretion, may |
| |||||||
| |||||||
1 | designate on each Illinois Identification Card or Illinois | ||||||
2 | Person with a Disability Identification Card a space where the | ||||||
3 | card holder may place a sticker or decal, issued by the | ||||||
4 | Secretary of State, of uniform size as the Secretary may | ||||||
5 | specify, that shall indicate in appropriate language that the | ||||||
6 | card holder has renewed his or her Illinois Identification | ||||||
7 | Card or Illinois Person with a Disability Identification Card. | ||||||
8 | (f) Upon providing required documentation, at the request | ||||||
9 | of the applicant, the identification card may reflect Gold | ||||||
10 | Star Family designation. The Secretary shall designate a space | ||||||
11 | on each original or renewal of an identification card for such | ||||||
12 | designation. This designation shall be available to a person | ||||||
13 | eligible for Gold Star license plates under subsection (f) of | ||||||
14 | Section 6-106 of the Illinois Vehicle Code. | ||||||
15 | (Source: P.A. 102-299, eff. 8-6-21; 103-345, eff. 1-1-24.) | ||||||
16 | (Text of Section after amendment by P.A. 103-210 ) | ||||||
17 | Sec. 4. Identification card. | ||||||
18 | (a) The Secretary of State shall issue a standard Illinois | ||||||
19 | Identification Card to any natural person who is a resident of | ||||||
20 | the State of Illinois who applies for such card, or renewal | ||||||
21 | thereof. No identification card shall be issued to any person | ||||||
22 | who holds a valid foreign state identification card, license, | ||||||
23 | or permit unless the person first surrenders to the Secretary | ||||||
24 | of State the valid foreign state identification card, license, | ||||||
25 | or permit. The card shall be prepared and supplied by the |
| |||||||
| |||||||
1 | Secretary of State and shall include a photograph and | ||||||
2 | signature or mark of the applicant. However, the Secretary of | ||||||
3 | State may provide by rule for the issuance of Illinois | ||||||
4 | Identification Cards without photographs if the applicant has | ||||||
5 | a bona fide religious objection to being photographed or to | ||||||
6 | the display of his or her photograph. The Illinois | ||||||
7 | Identification Card may be used for identification purposes in | ||||||
8 | any lawful situation only by the person to whom it was issued. | ||||||
9 | As used in this Act, "photograph" means any color photograph | ||||||
10 | or digitally produced and captured image of an applicant for | ||||||
11 | an identification card. As used in this Act, "signature" means | ||||||
12 | the name of a person as written by that person and captured in | ||||||
13 | a manner acceptable to the Secretary of State. | ||||||
14 | (a-5) If an applicant for an identification card has a | ||||||
15 | current driver's license or instruction permit issued by the | ||||||
16 | Secretary of State, the Secretary may require the applicant to | ||||||
17 | utilize the same residence address and name on the | ||||||
18 | identification card, driver's license, and instruction permit | ||||||
19 | records maintained by the Secretary. The Secretary may | ||||||
20 | promulgate rules to implement this provision. | ||||||
21 | (a-10) If the applicant is a judicial officer as defined | ||||||
22 | in Section 1-10 of the Judicial Privacy Act or a peace officer, | ||||||
23 | the applicant may elect to have his or her office or work | ||||||
24 | address listed on the card instead of the applicant's | ||||||
25 | residence or mailing address. The Secretary may promulgate | ||||||
26 | rules to implement this provision. For the purposes of this |
| |||||||
| |||||||
1 | subsection (a-10), "peace officer" means any person who by | ||||||
2 | virtue of his or her office or public employment is vested by | ||||||
3 | law with a duty to maintain public order or to make arrests for | ||||||
4 | a violation of any penal statute of this State, whether that | ||||||
5 | duty extends to all violations or is limited to specific | ||||||
6 | violations. | ||||||
7 | (a-15) The Secretary of State may provide for an expedited | ||||||
8 | process for the issuance of an Illinois Identification Card. | ||||||
9 | The Secretary shall charge an additional fee for the expedited | ||||||
10 | issuance of an Illinois Identification Card, to be set by | ||||||
11 | rule, not to exceed $75. All fees collected by the Secretary | ||||||
12 | for expedited Illinois Identification Card service shall be | ||||||
13 | deposited into the Secretary of State Special Services Fund. | ||||||
14 | The Secretary may adopt rules regarding the eligibility, | ||||||
15 | process, and fee for an expedited Illinois Identification | ||||||
16 | Card. If the Secretary of State determines that the volume of | ||||||
17 | expedited identification card requests received on a given day | ||||||
18 | exceeds the ability of the Secretary to process those requests | ||||||
19 | in an expedited manner, the Secretary may decline to provide | ||||||
20 | expedited services, and the additional fee for the expedited | ||||||
21 | service shall be refunded to the applicant. | ||||||
22 | (a-20) The Secretary of State shall issue a standard | ||||||
23 | Illinois Identification Card to a person committed to the | ||||||
24 | Department of Corrections or Department of Juvenile Justice | ||||||
25 | upon receipt of the person's birth certificate, social | ||||||
26 | security card, if the person has a social security number, |
| |||||||
| |||||||
1 | photograph, proof of residency upon discharge, and an | ||||||
2 | identification card application transferred via a secure | ||||||
3 | method as agreed upon by the Secretary and the Department of | ||||||
4 | Corrections or Department of Juvenile Justice , if the person | ||||||
5 | has a social security number, . Illinois residency shall be | ||||||
6 | established by submission of a Secretary of State prescribed | ||||||
7 | Identification Card verification form completed by the | ||||||
8 | respective Department. | ||||||
9 | (a-25) The Secretary of State shall issue a limited-term | ||||||
10 | Illinois Identification Card valid for 90 days to a committed | ||||||
11 | person upon release on parole, mandatory supervised release, | ||||||
12 | aftercare release, final discharge, or pardon from the | ||||||
13 | Department of Corrections or Department of Juvenile Justice, | ||||||
14 | if the released person is unable to present a certified copy of | ||||||
15 | his or her birth certificate and social security card, if the | ||||||
16 | person has a social security number, or other documents | ||||||
17 | authorized by the Secretary, but does present a Secretary of | ||||||
18 | State prescribed Identification Card verification form | ||||||
19 | completed by the Department of Corrections or Department of | ||||||
20 | Juvenile Justice, verifying the released person's date of | ||||||
21 | birth, social security number, if the person has a social | ||||||
22 | security number, and his or her Illinois residence address. | ||||||
23 | The verification form must have been completed no more than 30 | ||||||
24 | days prior to the date of application for the Illinois | ||||||
25 | Identification Card. | ||||||
26 | Prior to the expiration of the 90-day period of the |
| |||||||
| |||||||
1 | limited-term Illinois Identification Card, if the released | ||||||
2 | person submits to the Secretary of State a certified copy of | ||||||
3 | his or her birth certificate and his or her social security | ||||||
4 | card, if the person has a social security number, or other | ||||||
5 | documents authorized by the Secretary, a standard Illinois | ||||||
6 | Identification Card shall be issued. A limited-term Illinois | ||||||
7 | Identification Card may not be renewed. | ||||||
8 | (a-30) The Secretary of State shall issue a standard | ||||||
9 | Illinois Identification Card to a person upon conditional | ||||||
10 | release or absolute discharge from the custody of the | ||||||
11 | Department of Human Services, if the person presents a | ||||||
12 | certified copy of his or her birth certificate, social | ||||||
13 | security card, if the person has a social security number, or | ||||||
14 | other documents authorized by the Secretary, and a document | ||||||
15 | proving his or her Illinois residence address. The Secretary | ||||||
16 | of State shall issue a standard Illinois Identification Card | ||||||
17 | to a person prior to his or her conditional release or absolute | ||||||
18 | discharge if personnel from the Department of Human Services | ||||||
19 | bring the person to a Secretary of State location with the | ||||||
20 | required documents. Documents proving residence address may | ||||||
21 | include any official document of the Department of Human | ||||||
22 | Services showing the person's address after release and a | ||||||
23 | Secretary of State prescribed verification form, which may be | ||||||
24 | executed by personnel of the Department of Human Services. | ||||||
25 | (a-35) The Secretary of State shall issue a limited-term | ||||||
26 | Illinois Identification Card valid for 90 days to a person |
| |||||||
| |||||||
1 | upon conditional release or absolute discharge from the | ||||||
2 | custody of the Department of Human Services, if the person is | ||||||
3 | unable to present a certified copy of his or her birth | ||||||
4 | certificate and social security card, if the person has a | ||||||
5 | social security number, or other documents authorized by the | ||||||
6 | Secretary, but does present a Secretary of State prescribed | ||||||
7 | verification form completed by the Department of Human | ||||||
8 | Services, verifying the person's date of birth and social | ||||||
9 | security number, if the person has a social security number, | ||||||
10 | and a document proving his or her Illinois residence address. | ||||||
11 | The verification form must have been completed no more than 30 | ||||||
12 | days prior to the date of application for the Illinois | ||||||
13 | Identification Card. The Secretary of State shall issue a | ||||||
14 | limited-term Illinois Identification Card to a person no | ||||||
15 | sooner than 14 days prior to his or her conditional release or | ||||||
16 | absolute discharge if personnel from the Department of Human | ||||||
17 | Services bring the person to a Secretary of State location | ||||||
18 | with the required documents. Documents proving residence | ||||||
19 | address shall include any official document of the Department | ||||||
20 | of Human Services showing the person's address after release | ||||||
21 | and a Secretary of State prescribed verification form, which | ||||||
22 | may be executed by personnel of the Department of Human | ||||||
23 | Services. | ||||||
24 | (b) The Secretary of State shall issue a special Illinois | ||||||
25 | Identification Card, which shall be known as an Illinois | ||||||
26 | Person with a Disability Identification Card, to any natural |
| |||||||
| |||||||
1 | person who is a resident of the State of Illinois, who is a | ||||||
2 | person with a disability as defined in Section 4A of this Act, | ||||||
3 | who applies for such card, or renewal thereof. No Illinois | ||||||
4 | Person with a Disability Identification Card shall be issued | ||||||
5 | to any person who holds a valid foreign state identification | ||||||
6 | card, license, or permit unless the person first surrenders to | ||||||
7 | the Secretary of State the valid foreign state identification | ||||||
8 | card, license, or permit. The Secretary of State shall charge | ||||||
9 | no fee to issue such card. The card shall be prepared and | ||||||
10 | supplied by the Secretary of State, and shall include a | ||||||
11 | photograph and signature or mark of the applicant, a | ||||||
12 | designation indicating that the card is an Illinois Person | ||||||
13 | with a Disability Identification Card, and shall include a | ||||||
14 | comprehensible designation of the type and classification of | ||||||
15 | the applicant's disability as set out in Section 4A of this | ||||||
16 | Act. However, the Secretary of State may provide by rule for | ||||||
17 | the issuance of Illinois Person with a Disability | ||||||
18 | Identification Cards without photographs if the applicant has | ||||||
19 | a bona fide religious objection to being photographed or to | ||||||
20 | the display of his or her photograph. If the applicant so | ||||||
21 | requests, the card shall include a description of the | ||||||
22 | applicant's disability and any information about the | ||||||
23 | applicant's disability or medical history which the Secretary | ||||||
24 | determines would be helpful to the applicant in securing | ||||||
25 | emergency medical care. If a mark is used in lieu of a | ||||||
26 | signature, such mark shall be affixed to the card in the |
| |||||||
| |||||||
1 | presence of two witnesses who attest to the authenticity of | ||||||
2 | the mark. The Illinois Person with a Disability Identification | ||||||
3 | Card may be used for identification purposes in any lawful | ||||||
4 | situation by the person to whom it was issued. | ||||||
5 | The Illinois Person with a Disability Identification Card | ||||||
6 | may be used as adequate documentation of disability in lieu of | ||||||
7 | a physician's determination of disability, a determination of | ||||||
8 | disability from a physician assistant, a determination of | ||||||
9 | disability from an advanced practice registered nurse, or any | ||||||
10 | other documentation of disability whenever any State law | ||||||
11 | requires that a person with a disability provide such | ||||||
12 | documentation of disability, however an Illinois Person with a | ||||||
13 | Disability Identification Card shall not qualify the | ||||||
14 | cardholder to participate in any program or to receive any | ||||||
15 | benefit which is not available to all persons with like | ||||||
16 | disabilities. Notwithstanding any other provisions of law, an | ||||||
17 | Illinois Person with a Disability Identification Card, or | ||||||
18 | evidence that the Secretary of State has issued an Illinois | ||||||
19 | Person with a Disability Identification Card, shall not be | ||||||
20 | used by any person other than the person named on such card to | ||||||
21 | prove that the person named on such card is a person with a | ||||||
22 | disability or for any other purpose unless the card is used for | ||||||
23 | the benefit of the person named on such card, and the person | ||||||
24 | named on such card consents to such use at the time the card is | ||||||
25 | so used. | ||||||
26 | An optometrist's determination of a visual disability |
| |||||||
| |||||||
1 | under Section 4A of this Act is acceptable as documentation | ||||||
2 | for the purpose of issuing an Illinois Person with a | ||||||
3 | Disability Identification Card. | ||||||
4 | When medical information is contained on an Illinois | ||||||
5 | Person with a Disability Identification Card, the Office of | ||||||
6 | the Secretary of State shall not be liable for any actions | ||||||
7 | taken based upon that medical information. | ||||||
8 | (c) The Secretary of State shall provide that each | ||||||
9 | original or renewal Illinois Identification Card or Illinois | ||||||
10 | Person with a Disability Identification Card issued to a | ||||||
11 | person under the age of 21 shall be of a distinct nature from | ||||||
12 | those Illinois Identification Cards or Illinois Person with a | ||||||
13 | Disability Identification Cards issued to individuals 21 years | ||||||
14 | of age or older. The color designated for Illinois | ||||||
15 | Identification Cards or Illinois Person with a Disability | ||||||
16 | Identification Cards for persons under the age of 21 shall be | ||||||
17 | at the discretion of the Secretary of State. | ||||||
18 | (c-1) Each original or renewal Illinois Identification | ||||||
19 | Card or Illinois Person with a Disability Identification Card | ||||||
20 | issued to a person under the age of 21 shall display the date | ||||||
21 | upon which the person becomes 18 years of age and the date upon | ||||||
22 | which the person becomes 21 years of age. | ||||||
23 | (c-3) The General Assembly recognizes the need to identify | ||||||
24 | military veterans living in this State for the purpose of | ||||||
25 | ensuring that they receive all of the services and benefits to | ||||||
26 | which they are legally entitled, including healthcare, |
| |||||||
| |||||||
1 | education assistance, and job placement. To assist the State | ||||||
2 | in identifying these veterans and delivering these vital | ||||||
3 | services and benefits, the Secretary of State is authorized to | ||||||
4 | issue Illinois Identification Cards and Illinois Person with a | ||||||
5 | Disability Identification Cards with the word "veteran" | ||||||
6 | appearing on the face of the cards. This authorization is | ||||||
7 | predicated on the unique status of veterans. The Secretary may | ||||||
8 | not issue any other identification card which identifies an | ||||||
9 | occupation, status, affiliation, hobby, or other unique | ||||||
10 | characteristics of the identification card holder which is | ||||||
11 | unrelated to the purpose of the identification card. | ||||||
12 | (c-5) Beginning on or before July 1, 2015, the Secretary | ||||||
13 | of State shall designate a space on each original or renewal | ||||||
14 | identification card where, at the request of the applicant, | ||||||
15 | the word "veteran" shall be placed. The veteran designation | ||||||
16 | shall be available to a person identified as a veteran under | ||||||
17 | subsection (b) of Section 5 of this Act who was discharged or | ||||||
18 | separated under honorable conditions. | ||||||
19 | (d) The Secretary of State may issue a Senior Citizen | ||||||
20 | discount card, to any natural person who is a resident of the | ||||||
21 | State of Illinois who is 60 years of age or older and who | ||||||
22 | applies for such a card or renewal thereof. The Secretary of | ||||||
23 | State shall charge no fee to issue such card. The card shall be | ||||||
24 | issued in every county and applications shall be made | ||||||
25 | available at, but not limited to, nutrition sites, senior | ||||||
26 | citizen centers and Area Agencies on Aging. The applicant, |
| |||||||
| |||||||
1 | upon receipt of such card and prior to its use for any purpose, | ||||||
2 | shall have affixed thereon in the space provided therefor his | ||||||
3 | signature or mark. | ||||||
4 | (e) The Secretary of State, in his or her discretion, may | ||||||
5 | designate on each Illinois Identification Card or Illinois | ||||||
6 | Person with a Disability Identification Card a space where the | ||||||
7 | card holder may place a sticker or decal, issued by the | ||||||
8 | Secretary of State, of uniform size as the Secretary may | ||||||
9 | specify, that shall indicate in appropriate language that the | ||||||
10 | card holder has renewed his or her Illinois Identification | ||||||
11 | Card or Illinois Person with a Disability Identification Card. | ||||||
12 | (f) The Secretary shall designate a space on each original | ||||||
13 | or renewal of an identification card, at the request of the | ||||||
14 | applicant, for a designation as a Gold Star Family. This | ||||||
15 | designation shall be available to a person eligible for Gold | ||||||
16 | Star license plates under subsection (f) of Section 6-106 of | ||||||
17 | the Illinois Vehicle Code. | ||||||
18 | (Source: P.A. 102-299, eff. 8-6-21; 103-210, eff. 7-1-24; | ||||||
19 | 103-345, eff. 1-1-24; revised 12-12-23.) | ||||||
20 | (15 ILCS 335/5) (from Ch. 124, par. 25) | ||||||
21 | (Text of Section before amendment by P.A. 103-210 ) | ||||||
22 | Sec. 5. Applications. | ||||||
23 | (a) Any natural person who is a resident of the State of | ||||||
24 | Illinois may file an application for an identification card, | ||||||
25 | or for the renewal thereof, in a manner prescribed by the |
| |||||||
| |||||||
1 | Secretary. Each original application shall be completed by the | ||||||
2 | applicant in full and shall set forth the legal name, | ||||||
3 | residence address and zip code, social security number, birth | ||||||
4 | date, sex and a brief description of the applicant. The | ||||||
5 | applicant shall be photographed, unless the Secretary of State | ||||||
6 | has provided by rule for the issuance of identification cards | ||||||
7 | without photographs and the applicant is deemed eligible for | ||||||
8 | an identification card without a photograph under the terms | ||||||
9 | and conditions imposed by the Secretary of State, and he or she | ||||||
10 | shall also submit any other information as the Secretary may | ||||||
11 | deem necessary or such documentation as the Secretary may | ||||||
12 | require to determine the identity of the applicant. In | ||||||
13 | addition to the residence address, the Secretary may allow the | ||||||
14 | applicant to provide a mailing address. If the applicant is a | ||||||
15 | judicial officer as defined in Section 1-10 of the Judicial | ||||||
16 | Privacy Act or a peace officer, the applicant may elect to have | ||||||
17 | his or her office or work address in lieu of the applicant's | ||||||
18 | residence or mailing address. An applicant for an Illinois | ||||||
19 | Person with a Disability Identification Card must also submit | ||||||
20 | with each original or renewal application, on forms prescribed | ||||||
21 | by the Secretary, such documentation as the Secretary may | ||||||
22 | require, establishing that the applicant is a "person with a | ||||||
23 | disability" as defined in Section 4A of this Act, and setting | ||||||
24 | forth the applicant's type and class of disability as set | ||||||
25 | forth in Section 4A of this Act. For the purposes of this | ||||||
26 | subsection (a), "peace officer" means any person who by virtue |
| |||||||
| |||||||
1 | of his or her office or public employment is vested by law with | ||||||
2 | a duty to maintain public order or to make arrests for a | ||||||
3 | violation of any penal statute of this State, whether that | ||||||
4 | duty extends to all violations or is limited to specific | ||||||
5 | violations. | ||||||
6 | (a-5) Upon the first issuance of a request for proposals | ||||||
7 | for a digital driver's license and identification card | ||||||
8 | issuance and facial recognition system issued after January 1, | ||||||
9 | 2020 (the effective date of Public Act 101-513), and upon | ||||||
10 | implementation of a new or revised system procured pursuant to | ||||||
11 | that request for proposals, the Secretary shall permit | ||||||
12 | applicants to choose between "male", "female", or "non-binary" | ||||||
13 | when designating the applicant's sex on the identification | ||||||
14 | card application form. The sex designated by the applicant | ||||||
15 | shall be displayed on the identification card issued to the | ||||||
16 | applicant. | ||||||
17 | (b) Beginning on or before July 1, 2015, for each original | ||||||
18 | or renewal identification card application under this Act, the | ||||||
19 | Secretary shall inquire as to whether the applicant is a | ||||||
20 | veteran for purposes of issuing an identification card with a | ||||||
21 | veteran designation under subsection (c-5) of Section 4 of | ||||||
22 | this Act. The acceptable forms of proof shall include, but are | ||||||
23 | not limited to, Department of Defense form DD-214, Department | ||||||
24 | of Defense form DD-256 for applicants who did not receive a | ||||||
25 | form DD-214 upon the completion of initial basic training, | ||||||
26 | Department of Defense form DD-2 (Retired), an identification |
| |||||||
| |||||||
1 | card issued under the federal Veterans Identification Card Act | ||||||
2 | of 2015, or a United States Department of Veterans Affairs | ||||||
3 | summary of benefits letter. If the document cannot be stamped, | ||||||
4 | the Illinois Department of Veterans' Affairs shall provide a | ||||||
5 | certificate to the veteran to provide to the Secretary of | ||||||
6 | State. The Illinois Department of Veterans' Affairs shall | ||||||
7 | advise the Secretary as to what other forms of proof of a | ||||||
8 | person's status as a veteran are acceptable. | ||||||
9 | For each applicant who is issued an identification card | ||||||
10 | with a veteran designation, the Secretary shall provide the | ||||||
11 | Department of Veterans' Affairs with the applicant's name, | ||||||
12 | address, date of birth, gender, and such other demographic | ||||||
13 | information as agreed to by the Secretary and the Department. | ||||||
14 | The Department may take steps necessary to confirm the | ||||||
15 | applicant is a veteran. If after due diligence, including | ||||||
16 | writing to the applicant at the address provided by the | ||||||
17 | Secretary, the Department is unable to verify the applicant's | ||||||
18 | veteran status, the Department shall inform the Secretary, who | ||||||
19 | shall notify the applicant that he or she must confirm status | ||||||
20 | as a veteran, or the identification card will be cancelled. | ||||||
21 | For purposes of this subsection (b): | ||||||
22 | "Armed forces" means any of the Armed Forces of the United | ||||||
23 | States, including a member of any reserve component or | ||||||
24 | National Guard unit. | ||||||
25 | "Veteran" means a person who has served in the armed | ||||||
26 | forces and was discharged or separated under honorable |
| |||||||
| |||||||
1 | conditions. | ||||||
2 | (b-1) An applicant who is eligible for Gold Star license | ||||||
3 | plates under Section 3-664 of the Illinois Vehicle Code may | ||||||
4 | apply for an identification card with space for a designation | ||||||
5 | as a Gold Star Family. The Secretary may waive any fee for this | ||||||
6 | application. If the Secretary does not waive the fee, any fee | ||||||
7 | charged to the applicant must be deposited into the Illinois | ||||||
8 | Veterans Assistance Fund. The Secretary is authorized to issue | ||||||
9 | rules to implement this subsection. | ||||||
10 | (c) All applicants for REAL ID compliant standard Illinois | ||||||
11 | Identification Cards and Illinois Person with a Disability | ||||||
12 | Identification Cards shall provide proof of lawful status in | ||||||
13 | the United States as defined in 6 CFR 37.3, as amended. | ||||||
14 | Applicants who are unable to provide the Secretary with proof | ||||||
15 | of lawful status are ineligible for REAL ID compliant | ||||||
16 | identification cards under this Act. | ||||||
17 | (Source: P.A. 101-106, eff. 1-1-20; 101-287, eff. 8-9-19; | ||||||
18 | 101-513, eff. 1-1-20; 102-558, eff. 8-20-21.) | ||||||
19 | (Text of Section after amendment by P.A. 103-210 ) | ||||||
20 | Sec. 5. Applications. | ||||||
21 | (a) Any natural person who is a resident of the State of | ||||||
22 | Illinois may file an application for an identification card, | ||||||
23 | or for the renewal thereof, in a manner prescribed by the | ||||||
24 | Secretary. Each original application shall be completed by the | ||||||
25 | applicant in full and shall set forth the legal name, |
| |||||||
| |||||||
1 | residence address and zip code, social security number, if the | ||||||
2 | person has a social security number, birth date, sex and a | ||||||
3 | brief description of the applicant. The applicant shall be | ||||||
4 | photographed, unless the Secretary of State has provided by | ||||||
5 | rule for the issuance of identification cards without | ||||||
6 | photographs and the applicant is deemed eligible for an | ||||||
7 | identification card without a photograph under the terms and | ||||||
8 | conditions imposed by the Secretary of State, and he or she | ||||||
9 | shall also submit any other information as the Secretary may | ||||||
10 | deem necessary or such documentation as the Secretary may | ||||||
11 | require to determine the identity of the applicant. In | ||||||
12 | addition to the residence address, the Secretary may allow the | ||||||
13 | applicant to provide a mailing address. If the applicant is a | ||||||
14 | judicial officer as defined in Section 1-10 of the Judicial | ||||||
15 | Privacy Act or a peace officer, the applicant may elect to have | ||||||
16 | his or her office or work address in lieu of the applicant's | ||||||
17 | residence or mailing address. An applicant for an Illinois | ||||||
18 | Person with a Disability Identification Card must also submit | ||||||
19 | with each original or renewal application, on forms prescribed | ||||||
20 | by the Secretary, such documentation as the Secretary may | ||||||
21 | require, establishing that the applicant is a "person with a | ||||||
22 | disability" as defined in Section 4A of this Act, and setting | ||||||
23 | forth the applicant's type and class of disability as set | ||||||
24 | forth in Section 4A of this Act. For the purposes of this | ||||||
25 | subsection (a), "peace officer" means any person who by virtue | ||||||
26 | of his or her office or public employment is vested by law with |
| |||||||
| |||||||
1 | a duty to maintain public order or to make arrests for a | ||||||
2 | violation of any penal statute of this State, whether that | ||||||
3 | duty extends to all violations or is limited to specific | ||||||
4 | violations. | ||||||
5 | (a-5) Upon the first issuance of a request for proposals | ||||||
6 | for a digital driver's license and identification card | ||||||
7 | issuance and facial recognition system issued after January 1, | ||||||
8 | 2020 (the effective date of Public Act 101-513), and upon | ||||||
9 | implementation of a new or revised system procured pursuant to | ||||||
10 | that request for proposals, the Secretary shall permit | ||||||
11 | applicants to choose between "male", "female", or "non-binary" | ||||||
12 | when designating the applicant's sex on the identification | ||||||
13 | card application form. The sex designated by the applicant | ||||||
14 | shall be displayed on the identification card issued to the | ||||||
15 | applicant. | ||||||
16 | (b) Beginning on or before July 1, 2015, for each original | ||||||
17 | or renewal identification card application under this Act, the | ||||||
18 | Secretary shall inquire as to whether the applicant is a | ||||||
19 | veteran for purposes of issuing an identification card with a | ||||||
20 | veteran designation under subsection (c-5) of Section 4 of | ||||||
21 | this Act. The acceptable forms of proof shall include, but are | ||||||
22 | not limited to, Department of Defense form DD-214, Department | ||||||
23 | of Defense form DD-256 for applicants who did not receive a | ||||||
24 | form DD-214 upon the completion of initial basic training, | ||||||
25 | Department of Defense form DD-2 (Retired), an identification | ||||||
26 | card issued under the federal Veterans Identification Card Act |
| |||||||
| |||||||
1 | of 2015, or a United States Department of Veterans Affairs | ||||||
2 | summary of benefits letter. If the document cannot be stamped, | ||||||
3 | the Illinois Department of Veterans' Affairs shall provide a | ||||||
4 | certificate to the veteran to provide to the Secretary of | ||||||
5 | State. The Illinois Department of Veterans' Affairs shall | ||||||
6 | advise the Secretary as to what other forms of proof of a | ||||||
7 | person's status as a veteran are acceptable. | ||||||
8 | For each applicant who is issued an identification card | ||||||
9 | with a veteran designation, the Secretary shall provide the | ||||||
10 | Department of Veterans' Affairs with the applicant's name, | ||||||
11 | address, date of birth, gender, and such other demographic | ||||||
12 | information as agreed to by the Secretary and the Department. | ||||||
13 | The Department may take steps necessary to confirm the | ||||||
14 | applicant is a veteran. If after due diligence, including | ||||||
15 | writing to the applicant at the address provided by the | ||||||
16 | Secretary, the Department is unable to verify the applicant's | ||||||
17 | veteran status, the Department shall inform the Secretary, who | ||||||
18 | shall notify the applicant that he or she must confirm status | ||||||
19 | as a veteran, or the identification card will be cancelled. | ||||||
20 | For purposes of this subsection (b): | ||||||
21 | "Armed forces" means any of the Armed Forces of the United | ||||||
22 | States, including a member of any reserve component or | ||||||
23 | National Guard unit. | ||||||
24 | "Veteran" means a person who has served in the armed | ||||||
25 | forces and was discharged or separated under honorable | ||||||
26 | conditions. |
| |||||||
| |||||||
1 | (b-1) An applicant who is eligible for Gold Star license | ||||||
2 | plates under Section 3-664 of the Illinois Vehicle Code may | ||||||
3 | apply for an identification card with space for a designation | ||||||
4 | as a Gold Star Family. The Secretary may waive any fee for this | ||||||
5 | application. If the Secretary does not waive the fee, any fee | ||||||
6 | charged to the applicant must be deposited into the Illinois | ||||||
7 | Veterans Assistance Fund. The Secretary is authorized to issue | ||||||
8 | rules to implement this subsection. | ||||||
9 | (c) All applicants for REAL ID compliant standard Illinois | ||||||
10 | Identification Cards and Illinois Person with a Disability | ||||||
11 | Identification Cards shall provide proof of lawful status in | ||||||
12 | the United States as defined in 6 CFR 37.3, as amended. | ||||||
13 | Applicants who are unable to provide the Secretary with proof | ||||||
14 | of lawful status are ineligible for REAL ID compliant | ||||||
15 | identification cards under this Act. | ||||||
16 | (d) The Secretary of State may accept, as proof of date of | ||||||
17 | birth and written signature for any applicant for a standard | ||||||
18 | identification card who does not have a social security number | ||||||
19 | or documentation issued by the United States Department of | ||||||
20 | Homeland Security authorizing the applicant's presence in this | ||||||
21 | country, any passport validly issued to the applicant from the | ||||||
22 | applicant's country of citizenship or a consular | ||||||
23 | identification document validly issued to the applicant by a | ||||||
24 | consulate of that country as defined in Section 5 of the | ||||||
25 | Consular Identification Document Act. Any such documents must | ||||||
26 | be either unexpired or presented by an applicant within 2 |
| |||||||
| |||||||
1 | years of its expiration date. | ||||||
2 | (Source: P.A. 102-558, eff. 8-20-21; 103-210, eff. 7-1-24.) | ||||||
3 | Section 10. The Property Tax Code is amended by changing | ||||||
4 | Section 15-169 and by adding Section 15-169.1 as follows: | ||||||
5 | (35 ILCS 200/15-169) | ||||||
6 | Sec. 15-169. Homestead exemption for veterans with | ||||||
7 | disabilities. | ||||||
8 | (a) Beginning with taxable year 2007, an annual homestead | ||||||
9 | exemption, limited to the amounts set forth in subsections (b) | ||||||
10 | and (b-3), is granted for property that is used as a qualified | ||||||
11 | residence by a veteran with a disability. Nothing in this | ||||||
12 | Section requires the veteran with a disability to have an | ||||||
13 | ownership interest in the qualified residence if (i) the | ||||||
14 | veteran has a service connected disability of 100% and is | ||||||
15 | deemed to be permanently and totally disabled, as certified by | ||||||
16 | the United States Department of Veterans Affairs, (ii) the | ||||||
17 | property is owned by the veteran's immediate family caregiver, | ||||||
18 | and (iii) the immediate family caregiver resides with the | ||||||
19 | veteran on a full-time basis. | ||||||
20 | (b) For taxable years prior to 2015, the amount of the | ||||||
21 | exemption under this Section is as follows: | ||||||
22 | (1) for veterans with a service-connected disability | ||||||
23 | of at least (i) 75% for exemptions granted in taxable | ||||||
24 | years 2007 through 2009 and (ii) 70% for exemptions |
| |||||||
| |||||||
1 | granted in taxable year 2010 and each taxable year | ||||||
2 | thereafter, as certified by the United States Department | ||||||
3 | of Veterans Affairs, the annual exemption is $5,000; and | ||||||
4 | (2) for veterans with a service-connected disability | ||||||
5 | of at least 50%, but less than (i) 75% for exemptions | ||||||
6 | granted in taxable years 2007 through 2009 and (ii) 70% | ||||||
7 | for exemptions granted in taxable year 2010 and each | ||||||
8 | taxable year thereafter, as certified by the United States | ||||||
9 | Department of Veterans Affairs, the annual exemption is | ||||||
10 | $2,500. | ||||||
11 | (b-3) For taxable years 2015 and thereafter: | ||||||
12 | (1) if the veteran has a service connected disability | ||||||
13 | of 30% or more but less than 50%, as certified by the | ||||||
14 | United States Department of Veterans Affairs, then the | ||||||
15 | annual exemption is $2,500; | ||||||
16 | (2) if the veteran has a service connected disability | ||||||
17 | of 50% or more but less than 70%, as certified by the | ||||||
18 | United States Department of Veterans Affairs, then the | ||||||
19 | annual exemption is $5,000; | ||||||
20 | (3) if the veteran has a service connected disability | ||||||
21 | of 70% or more, as certified by the United States | ||||||
22 | Department of Veterans Affairs, then the property is | ||||||
23 | exempt from taxation under this Code; and | ||||||
24 | (4) for taxable year 2023 and thereafter, if the | ||||||
25 | taxpayer is the surviving spouse of a veteran whose death | ||||||
26 | was determined to be service-connected and who is |
| |||||||
| |||||||
1 | certified by the United States Department of Veterans | ||||||
2 | Affairs as a recipient of dependency and indemnity | ||||||
3 | compensation under federal law, then the property is also | ||||||
4 | exempt from taxation under this Code ; and . | ||||||
5 | (5) for taxable year 2025 and thereafter, if the | ||||||
6 | taxpayer is Gold Star Spouse, then, subject to the | ||||||
7 | limitations of subsection (c), the property is also exempt | ||||||
8 | from taxation under this Code regardless of whether the | ||||||
9 | Gold Star Spouse otherwise qualifies under item (4). | ||||||
10 | (b-5) If a homestead exemption is granted under this | ||||||
11 | Section and the person awarded the exemption subsequently | ||||||
12 | becomes a resident of a facility licensed under the Nursing | ||||||
13 | Home Care Act or a facility operated by the United States | ||||||
14 | Department of Veterans Affairs, then the exemption shall | ||||||
15 | continue (i) so long as the residence continues to be occupied | ||||||
16 | by the qualifying person's spouse or (ii) if the residence | ||||||
17 | remains unoccupied but is still owned by the person who | ||||||
18 | qualified for the homestead exemption. | ||||||
19 | (c) The tax exemption under this Section carries over to | ||||||
20 | the benefit of the veteran's surviving spouse as long as the | ||||||
21 | spouse holds the legal or beneficial title to the homestead, | ||||||
22 | permanently resides thereon, and does not remarry. If the | ||||||
23 | surviving spouse sells the property, an exemption not to | ||||||
24 | exceed the amount granted from the most recent ad valorem tax | ||||||
25 | roll may be transferred to his or her new residence as long as | ||||||
26 | it is used as his or her primary residence and he or she does |
| |||||||
| |||||||
1 | not remarry. | ||||||
2 | As used in this subsection (c): | ||||||
3 | (1) for taxable years prior to 2015, "surviving | ||||||
4 | spouse" means the surviving spouse of a veteran who | ||||||
5 | obtained an exemption under this Section prior to his or | ||||||
6 | her death; | ||||||
7 | (2) for taxable years 2015 through 2022, "surviving | ||||||
8 | spouse" means (i) the surviving spouse of a veteran who | ||||||
9 | obtained an exemption under this Section prior to his or | ||||||
10 | her death and (ii) the surviving spouse of a veteran who | ||||||
11 | was killed in the line of duty at any time prior to the | ||||||
12 | expiration of the application period in effect for the | ||||||
13 | exemption for the taxable year for which the exemption is | ||||||
14 | sought; and | ||||||
15 | (3) for taxable year 2023 and thereafter, "surviving | ||||||
16 | spouse" means: (i) the surviving spouse of a veteran who | ||||||
17 | obtained the exemption under this Section prior to his or | ||||||
18 | her death; (ii) the surviving spouse of a veteran who was | ||||||
19 | killed in the line of duty at any time prior to the | ||||||
20 | expiration of the application period in effect for the | ||||||
21 | exemption for the taxable year for which the exemption is | ||||||
22 | sought; (iii) the surviving spouse of a veteran who did | ||||||
23 | not obtain an exemption under this Section before death, | ||||||
24 | but who would have qualified for the exemption under this | ||||||
25 | Section in the taxable year for which the exemption is | ||||||
26 | sought if he or she had survived, and whose surviving |
| |||||||
| |||||||
1 | spouse has been a resident of Illinois from the time of the | ||||||
2 | veteran's death through the taxable year for which the | ||||||
3 | exemption is sought; and (iv) the surviving spouse of a | ||||||
4 | veteran whose death was determined to be | ||||||
5 | service-connected, but who would not otherwise qualify | ||||||
6 | under item (i), (ii), or (iii), if the spouse (A) is | ||||||
7 | certified by the United States Department of Veterans | ||||||
8 | Affairs as a recipient of dependency and indemnity | ||||||
9 | compensation under federal law at any time prior to the | ||||||
10 | expiration of the application period in effect for the | ||||||
11 | exemption for the taxable year for which the exemption is | ||||||
12 | sought and (B) remains eligible for that dependency and | ||||||
13 | indemnity compensation as of January 1 of the taxable year | ||||||
14 | for which the exemption is sought ; and . | ||||||
15 | (4) for taxable year 2025 and thereafter, "surviving | ||||||
16 | spouse" means any person described in paragraph (3) and | ||||||
17 | also includes any Gold Star Spouse. | ||||||
18 | (c-1) Beginning with taxable year 2015, nothing in this | ||||||
19 | Section shall require the veteran to have qualified for or | ||||||
20 | obtained the exemption before death if the veteran was killed | ||||||
21 | in the line of duty. | ||||||
22 | (d) The exemption under this Section applies for taxable | ||||||
23 | year 2007 and thereafter. A taxpayer who claims an exemption | ||||||
24 | under Section 15-165 or 15-168 may not claim an exemption | ||||||
25 | under this Section. | ||||||
26 | (e) Except as otherwise provided in this subsection (e), |
| |||||||
| |||||||
1 | each taxpayer who has been granted an exemption under this | ||||||
2 | Section must reapply on an annual basis. Application must be | ||||||
3 | made during the application period in effect for the county of | ||||||
4 | his or her residence. The assessor or chief county assessment | ||||||
5 | officer may determine the eligibility of residential property | ||||||
6 | to receive the homestead exemption provided by this Section by | ||||||
7 | application, visual inspection, questionnaire, or other | ||||||
8 | reasonable methods. The determination must be made in | ||||||
9 | accordance with guidelines established by the Department. | ||||||
10 | On and after May 23, 2022 (the effective date of Public Act | ||||||
11 | 102-895), if a veteran has a combined service connected | ||||||
12 | disability rating of 100% and is deemed to be permanently and | ||||||
13 | totally disabled, as certified by the United States Department | ||||||
14 | of Veterans Affairs, the taxpayer who has been granted an | ||||||
15 | exemption under this Section shall no longer be required to | ||||||
16 | reapply for the exemption on an annual basis, and the | ||||||
17 | exemption shall be in effect for as long as the exemption would | ||||||
18 | otherwise be permitted under this Section. | ||||||
19 | (e-1) If the person qualifying for the exemption does not | ||||||
20 | occupy the qualified residence as of January 1 of the taxable | ||||||
21 | year, the exemption granted under this Section shall be | ||||||
22 | prorated on a monthly basis. The prorated exemption shall | ||||||
23 | apply beginning with the first complete month in which the | ||||||
24 | person occupies the qualified residence. | ||||||
25 | (e-5) Notwithstanding any other provision of law, each | ||||||
26 | chief county assessment officer may approve this exemption for |
| |||||||
| |||||||
1 | the 2020 taxable year, without application, for any property | ||||||
2 | that was approved for this exemption for the 2019 taxable | ||||||
3 | year, provided that: | ||||||
4 | (1) the county board has declared a local disaster as | ||||||
5 | provided in the Illinois Emergency Management Agency Act | ||||||
6 | related to the COVID-19 public health emergency; | ||||||
7 | (2) the owner of record of the property as of January | ||||||
8 | 1, 2020 is the same as the owner of record of the property | ||||||
9 | as of January 1, 2019; | ||||||
10 | (3) the exemption for the 2019 taxable year has not | ||||||
11 | been determined to be an erroneous exemption as defined by | ||||||
12 | this Code; and | ||||||
13 | (4) the applicant for the 2019 taxable year has not | ||||||
14 | asked for the exemption to be removed for the 2019 or 2020 | ||||||
15 | taxable years. | ||||||
16 | Nothing in this subsection shall preclude a veteran whose | ||||||
17 | service connected disability rating has changed since the 2019 | ||||||
18 | exemption was granted from applying for the exemption based on | ||||||
19 | the subsequent service connected disability rating. | ||||||
20 | (e-10) Notwithstanding any other provision of law, each | ||||||
21 | chief county assessment officer may approve this exemption for | ||||||
22 | the 2021 taxable year, without application, for any property | ||||||
23 | that was approved for this exemption for the 2020 taxable | ||||||
24 | year, if: | ||||||
25 | (1) the county board has declared a local disaster as | ||||||
26 | provided in the Illinois Emergency Management Agency Act |
| |||||||
| |||||||
1 | related to the COVID-19 public health emergency; | ||||||
2 | (2) the owner of record of the property as of January | ||||||
3 | 1, 2021 is the same as the owner of record of the property | ||||||
4 | as of January 1, 2020; | ||||||
5 | (3) the exemption for the 2020 taxable year has not | ||||||
6 | been determined to be an erroneous exemption as defined by | ||||||
7 | this Code; and | ||||||
8 | (4) the taxpayer for the 2020 taxable year has not | ||||||
9 | asked for the exemption to be removed for the 2020 or 2021 | ||||||
10 | taxable years. | ||||||
11 | Nothing in this subsection shall preclude a veteran whose | ||||||
12 | service connected disability rating has changed since the 2020 | ||||||
13 | exemption was granted from applying for the exemption based on | ||||||
14 | the subsequent service connected disability rating. | ||||||
15 | (f) For the purposes of this Section: | ||||||
16 | "Gold Star Spouse" means a person who was married to an | ||||||
17 | Illinois resident who was a veteran and who was killed in | ||||||
18 | action while serving in the Armed Forces of the United States | ||||||
19 | at any time before the expiration of the application period in | ||||||
20 | effect for the exemption for the taxable year for which the | ||||||
21 | exemption is sought. | ||||||
22 | "Immediate family" means the parent, spouse, sibling, or | ||||||
23 | child of the veteran with a disability. | ||||||
24 | "Immediate family caregiver" means a member of the | ||||||
25 | veteran's immediate family who provides the veteran ongoing | ||||||
26 | assistance with one or more of the activities of daily living. |
| |||||||
| |||||||
1 | "Qualified residence" means real property, but less any | ||||||
2 | portion of that property that is used for commercial purposes, | ||||||
3 | with an equalized assessed value of less than $250,000 that | ||||||
4 | (i) is the primary residence of a veteran with a disability or | ||||||
5 | (ii) is the primary residence of a surviving spouse who is | ||||||
6 | eligible to claim an exemption under this Section . Property | ||||||
7 | rented for more than 6 months is presumed to be used for | ||||||
8 | commercial purposes. Notwithstanding the provisions of this | ||||||
9 | Section, beginning in taxable year 2025, if property is rented | ||||||
10 | to a veteran with a service connected disability as the | ||||||
11 | veteran's primary residence, and the veteran's percentage of | ||||||
12 | service connected disability entitles the veteran to an | ||||||
13 | exemption under this Section as provided in subsection (b), | ||||||
14 | then the portion of the property that is rented to the veteran | ||||||
15 | is not presumed to be used for commercial purposes if the | ||||||
16 | lessor provides the veteran with a credit against his or her | ||||||
17 | monthly rent in an amount equal to the estimated property tax | ||||||
18 | savings attributable to the exemption, as determined by the | ||||||
19 | chief county assessment officer. | ||||||
20 | "Veteran" means an Illinois resident who has served as a | ||||||
21 | member of the United States Armed Forces on active duty or | ||||||
22 | State active duty, a member of the Illinois National Guard, or | ||||||
23 | a member of the United States Reserve Forces and who has | ||||||
24 | received an honorable discharge. | ||||||
25 | (Source: P.A. 102-136, eff. 7-23-21; 102-895, eff. 5-23-22; | ||||||
26 | 103-154, eff. 6-30-23.) |
| |||||||
| |||||||
1 | (35 ILCS 200/15-169.1 new) | ||||||
2 | Sec. 15-169.1. Gold Star Parent homestead exemption. | ||||||
3 | (a) Beginning in taxable year 2025, Gold Star Parent | ||||||
4 | homestead property is entitled to an annual homestead | ||||||
5 | exemption, limited to a reduction in the equalized assessed | ||||||
6 | value of the homestead property equal to 50% of the equalized | ||||||
7 | assessed value of the homestead property. | ||||||
8 | (b) This exemption is terminated for the next taxable year | ||||||
9 | after the Gold Star Parent or Parents move or die. It also | ||||||
10 | terminates if the Gold Star Parents become legally separated | ||||||
11 | or have their marriage dissolved. The exemption is not | ||||||
12 | transferable to any other person or real property. | ||||||
13 | (c) If a homestead exemption has been granted under this | ||||||
14 | Section and the person awarded the exemption later becomes a | ||||||
15 | resident of a facility licensed under the Nursing Home Care | ||||||
16 | Act, the Specialized Mental Health Rehabilitation Act of 2013, | ||||||
17 | the ID/DD Community Care Act, or the MC/DD Act, then the | ||||||
18 | exemption shall continue so long as the residence remains | ||||||
19 | unoccupied but is still owned by the person qualified for the | ||||||
20 | homestead exemption. | ||||||
21 | (d) Each taxpayer who has been granted an exemption under | ||||||
22 | this Section must reapply on an annual basis. Application must | ||||||
23 | be made during the application period in effect for the county | ||||||
24 | of his or her residence. The assessor or chief county | ||||||
25 | assessment officer may determine the eligibility of |
| |||||||
| |||||||
1 | residential property to receive the homestead exemption | ||||||
2 | provided by this Section by application, visual inspection, | ||||||
3 | questionnaire, or other reasonable methods. The determination | ||||||
4 | must be made in accordance with guidelines established by the | ||||||
5 | Department. | ||||||
6 | (e) The exemption under this Section is in addition to any | ||||||
7 | other homestead exemption provided in this Article 15. | ||||||
8 | Notwithstanding Sections 6 and 8 of the State Mandates Act, no | ||||||
9 | reimbursement by the State is required for the implementation | ||||||
10 | of any mandate created by this Section. | ||||||
11 | (f) As used in this Section: | ||||||
12 | "Gold Star Parent" means the parent of an Illinois | ||||||
13 | resident who was killed in action while serving in the Armed | ||||||
14 | Forces of the United States at any time before the expiration | ||||||
15 | of the application period in effect for the exemption for the | ||||||
16 | taxable year for which the exemption is sought. | ||||||
17 | "Gold Star Parent homestead property" means real property, | ||||||
18 | but less any portion of that property that is used for | ||||||
19 | commercial purposes, with an equalized assessed value of less | ||||||
20 | than $250,000 that is owned and occupied as the principal | ||||||
21 | residence of a Gold Star Parent who has an ownership interest | ||||||
22 | in the property, legal, equitable, or as a lessee, and who is | ||||||
23 | liable for the payment of property taxes on the property. | ||||||
24 | Property rented for more than 6 months is presumed to be used | ||||||
25 | for commercial purposes. |
| |||||||
| |||||||
1 | Section 15. The School Code is amended by changing Section | ||||||
2 | 10-22.5a as follows: | ||||||
3 | (105 ILCS 5/10-22.5a) (from Ch. 122, par. 10-22.5a) | ||||||
4 | Sec. 10-22.5a. Attendance by dependents of United States | ||||||
5 | military personnel, foreign exchange students, and certain | ||||||
6 | nonresident pupils. | ||||||
7 | (a) To enter into written agreements with cultural | ||||||
8 | exchange organizations, or with nationally recognized | ||||||
9 | eleemosynary institutions that promote excellence in the arts, | ||||||
10 | mathematics, or science. The written agreements may provide | ||||||
11 | for tuition free attendance at the local district school by | ||||||
12 | foreign exchange students, or by nonresident pupils of | ||||||
13 | eleemosynary institutions. The local board of education, as | ||||||
14 | part of the agreement, may require that the cultural exchange | ||||||
15 | program or the eleemosynary institutions provide services to | ||||||
16 | the district in exchange for the waiver of nonresident | ||||||
17 | tuition. | ||||||
18 | To enter into written agreements with adjacent school | ||||||
19 | districts to provide for tuition free attendance by a student | ||||||
20 | of the adjacent district when requested for the student's | ||||||
21 | health and safety by the student or parent and both districts | ||||||
22 | determine that the student's health or safety will be served | ||||||
23 | by such attendance. Districts shall not be required to enter | ||||||
24 | into such agreements nor be required to alter existing | ||||||
25 | transportation services due to the attendance of such |
| |||||||
| |||||||
1 | non-resident pupils. | ||||||
2 | (a-5) If, at the time of enrollment, a dependent of United | ||||||
3 | States military personnel is housed in temporary housing | ||||||
4 | located outside of a school district, but will be living | ||||||
5 | within the district within 6 months after the time of initial | ||||||
6 | enrollment, the dependent must be allowed to enroll, subject | ||||||
7 | to the requirements of this subsection (a-5), and must not be | ||||||
8 | charged tuition. Any United States military personnel | ||||||
9 | attempting to enroll a dependent under this subsection (a-5) | ||||||
10 | shall provide proof that the dependent will be living within | ||||||
11 | the district within 6 months after the time of initial | ||||||
12 | enrollment. Proof of residency may include, but is not limited | ||||||
13 | to, postmarked mail addressed to the military personnel and | ||||||
14 | sent to an address located within the district, a lease | ||||||
15 | agreement for occupancy of a residence located within the | ||||||
16 | district, or proof of ownership of a residence located within | ||||||
17 | the district. A school district shall allow a dependent of | ||||||
18 | United States military personnel who is housed in temporary | ||||||
19 | housing located outside of a school district, but will be | ||||||
20 | living within the district within 6 months after the time of | ||||||
21 | initial enrollment, to be educated through an electronic | ||||||
22 | learning program or remote learning program for the time | ||||||
23 | period that the dependent is housed in temporary housing under | ||||||
24 | this subsection (a-5). | ||||||
25 | If a dependent of United States military personnel is | ||||||
26 | moving out of this State because the United States military |
| |||||||
| |||||||
1 | personnel received a permanent change of station order, then | ||||||
2 | the student shall be allowed to remain enrolled in the school | ||||||
3 | district and be educated through an electronic learning | ||||||
4 | program or remote learning program until a student enrolls in | ||||||
5 | another school district. | ||||||
6 | (b) Nonresident pupils and foreign exchange students | ||||||
7 | attending school on a tuition free basis under such agreements | ||||||
8 | and nonresident dependents of United States military personnel | ||||||
9 | attending school on a tuition free basis may be counted for the | ||||||
10 | purposes of determining the apportionment of State aid | ||||||
11 | provided under Section 18-8.05 or 18-8.15 of this Code. No | ||||||
12 | organization or institution participating in agreements | ||||||
13 | authorized under this Section may exclude any individual for | ||||||
14 | participation in its program on account of the person's race, | ||||||
15 | color, sex, religion or nationality. | ||||||
16 | (Source: P.A. 102-126, eff. 7-23-21.) | ||||||
17 | Section 20. The Public University Tuition Statement Act is | ||||||
18 | amended by adding Section 20 as follows: | ||||||
19 | (110 ILCS 63/20 new) | ||||||
20 | Sec. 20. Residency waiver for military families. Requires | ||||||
21 | public universities and community colleges as defined by the | ||||||
22 | Public Community College Act to waive any residency | ||||||
23 | requirement for an active-duty military member, spouse, or | ||||||
24 | dependent if residing in this State so that the member, |
| |||||||
| |||||||
1 | spouse, or dependent may pay in-State tuition as long as he or | ||||||
2 | she resides in the State and as long as the member serves on | ||||||
3 | active duty. | ||||||
4 | Section 25. The Illinois Vehicle Code is amended by | ||||||
5 | changing Sections 6-106 and 6-110 as follows: | ||||||
6 | (625 ILCS 5/6-106) (from Ch. 95 1/2, par. 6-106) | ||||||
7 | (Text of Section before amendment by P.A. 103-210 ) | ||||||
8 | Sec. 6-106. Application for license or instruction permit. | ||||||
9 | (a) Every application for any permit or license authorized | ||||||
10 | to be issued under this Code shall be made upon a form | ||||||
11 | furnished by the Secretary of State. Every application shall | ||||||
12 | be accompanied by the proper fee and payment of such fee shall | ||||||
13 | entitle the applicant to not more than 3 attempts to pass the | ||||||
14 | examination within a period of one year after the date of | ||||||
15 | application. | ||||||
16 | (b) Every application shall state the legal name, social | ||||||
17 | security number, zip code, date of birth, sex, and residence | ||||||
18 | address of the applicant; briefly describe the applicant; | ||||||
19 | state whether the applicant has theretofore been licensed as a | ||||||
20 | driver, and, if so, when and by what state or country, and | ||||||
21 | whether any such license has ever been cancelled, suspended, | ||||||
22 | revoked or refused, and, if so, the date and reason for such | ||||||
23 | cancellation, suspension, revocation or refusal; shall include | ||||||
24 | an affirmation by the applicant that all information set forth |
| |||||||
| |||||||
1 | is true and correct; and shall bear the applicant's signature. | ||||||
2 | In addition to the residence address, the Secretary may allow | ||||||
3 | the applicant to provide a mailing address. In the case of an | ||||||
4 | applicant who is a judicial officer or peace officer, the | ||||||
5 | Secretary may allow the applicant to provide an office or work | ||||||
6 | address in lieu of a residence or mailing address. The | ||||||
7 | application form may also require the statement of such | ||||||
8 | additional relevant information as the Secretary of State | ||||||
9 | shall deem necessary to determine the applicant's competency | ||||||
10 | and eligibility. The Secretary of State may, in his | ||||||
11 | discretion, by rule or regulation, provide that an application | ||||||
12 | for a drivers license or permit may include a suitable | ||||||
13 | photograph of the applicant in the form prescribed by the | ||||||
14 | Secretary, and he may further provide that each drivers | ||||||
15 | license shall include a photograph of the driver. The | ||||||
16 | Secretary of State may utilize a photograph process or system | ||||||
17 | most suitable to deter alteration or improper reproduction of | ||||||
18 | a drivers license and to prevent substitution of another photo | ||||||
19 | thereon. For the purposes of this subsection (b), "peace | ||||||
20 | officer" means any person who by virtue of his or her office or | ||||||
21 | public employment is vested by law with a duty to maintain | ||||||
22 | public order or to make arrests for a violation of any penal | ||||||
23 | statute of this State, whether that duty extends to all | ||||||
24 | violations or is limited to specific violations. | ||||||
25 | (b-3) Upon the first issuance of a request for proposals | ||||||
26 | for a digital driver's license and identification card |
| |||||||
| |||||||
1 | issuance and facial recognition system issued after January 1, | ||||||
2 | 2020 (the effective date of Public Act 101-513), and upon | ||||||
3 | implementation of a new or revised system procured pursuant to | ||||||
4 | that request for proposals, the Secretary shall permit | ||||||
5 | applicants to choose between "male", "female" or "non-binary" | ||||||
6 | when designating the applicant's sex on the driver's license | ||||||
7 | application form. The sex designated by the applicant shall be | ||||||
8 | displayed on the driver's license issued to the applicant. | ||||||
9 | (b-5) Every applicant for a REAL ID compliant driver's | ||||||
10 | license or permit shall provide proof of lawful status in the | ||||||
11 | United States as defined in 6 CFR 37.3, as amended. Applicants | ||||||
12 | who are unable to provide the Secretary with proof of lawful | ||||||
13 | status may apply for a driver's license or permit under | ||||||
14 | Section 6-105.1 of this Code. | ||||||
15 | (c) The application form shall include a notice to the | ||||||
16 | applicant of the registration obligations of sex offenders | ||||||
17 | under the Sex Offender Registration Act. The notice shall be | ||||||
18 | provided in a form and manner prescribed by the Secretary of | ||||||
19 | State. For purposes of this subsection (c), "sex offender" has | ||||||
20 | the meaning ascribed to it in Section 2 of the Sex Offender | ||||||
21 | Registration Act. | ||||||
22 | (d) Any male United States citizen or immigrant who | ||||||
23 | applies for any permit or license authorized to be issued | ||||||
24 | under this Code or for a renewal of any permit or license, and | ||||||
25 | who is at least 18 years of age but less than 26 years of age, | ||||||
26 | must be registered in compliance with the requirements of the |
| |||||||
| |||||||
1 | federal Military Selective Service Act. The Secretary of State | ||||||
2 | must forward in an electronic format the necessary personal | ||||||
3 | information regarding the applicants identified in this | ||||||
4 | subsection (d) to the Selective Service System. The | ||||||
5 | applicant's signature on the application serves as an | ||||||
6 | indication that the applicant either has already registered | ||||||
7 | with the Selective Service System or that he is authorizing | ||||||
8 | the Secretary to forward to the Selective Service System the | ||||||
9 | necessary information for registration. The Secretary must | ||||||
10 | notify the applicant at the time of application that his | ||||||
11 | signature constitutes consent to registration with the | ||||||
12 | Selective Service System, if he is not already registered. | ||||||
13 | (e) Beginning on or before July 1, 2015, for each original | ||||||
14 | or renewal driver's license application under this Code, the | ||||||
15 | Secretary shall inquire as to whether the applicant is a | ||||||
16 | veteran for purposes of issuing a driver's license with a | ||||||
17 | veteran designation under subsection (e-5) of Section 6-110 of | ||||||
18 | this Code. The acceptable forms of proof shall include, but | ||||||
19 | are not limited to, Department of Defense form DD-214, | ||||||
20 | Department of Defense form DD-256 for applicants who did not | ||||||
21 | receive a form DD-214 upon the completion of initial basic | ||||||
22 | training, Department of Defense form DD-2 (Retired), an | ||||||
23 | identification card issued under the federal Veterans | ||||||
24 | Identification Card Act of 2015, or a United States Department | ||||||
25 | of Veterans Affairs summary of benefits letter. If the | ||||||
26 | document cannot be stamped, the Illinois Department of |
| |||||||
| |||||||
1 | Veterans' Affairs shall provide a certificate to the veteran | ||||||
2 | to provide to the Secretary of State. The Illinois Department | ||||||
3 | of Veterans' Affairs shall advise the Secretary as to what | ||||||
4 | other forms of proof of a person's status as a veteran are | ||||||
5 | acceptable. | ||||||
6 | For each applicant who is issued a driver's license with a | ||||||
7 | veteran designation, the Secretary shall provide the | ||||||
8 | Department of Veterans' Affairs with the applicant's name, | ||||||
9 | address, date of birth, gender and such other demographic | ||||||
10 | information as agreed to by the Secretary and the Department. | ||||||
11 | The Department may take steps necessary to confirm the | ||||||
12 | applicant is a veteran. If after due diligence, including | ||||||
13 | writing to the applicant at the address provided by the | ||||||
14 | Secretary, the Department is unable to verify the applicant's | ||||||
15 | veteran status, the Department shall inform the Secretary, who | ||||||
16 | shall notify the applicant that he or she must confirm status | ||||||
17 | as a veteran, or the driver's license will be cancelled. | ||||||
18 | For purposes of this subsection (e): | ||||||
19 | "Armed forces" means any of the Armed Forces of the United | ||||||
20 | States, including a member of any reserve component or | ||||||
21 | National Guard unit. | ||||||
22 | "Veteran" means a person who has served in the armed | ||||||
23 | forces and was discharged or separated under honorable | ||||||
24 | conditions. | ||||||
25 | (f) An applicant who is eligible for Gold Star license | ||||||
26 | plates under Section 3-664 of this Code may apply for an |
| |||||||
| |||||||
1 | original or renewal driver's license with space for a | ||||||
2 | designation as a Gold Star Family. The Secretary may waive any | ||||||
3 | fee for this application. If the Secretary does not waive the | ||||||
4 | fee, any fee charged to the applicant must be deposited into | ||||||
5 | the Illinois Veterans Assistance Fund. The Secretary is | ||||||
6 | authorized to issue rules to implement this subsection. | ||||||
7 | (Source: P.A. 101-106, eff. 1-1-20; 101-287, eff. 8-9-19; | ||||||
8 | 101-513, eff. 1-1-20; 102-558, eff. 8-20-21.) | ||||||
9 | (Text of Section after amendment by P.A. 103-210 ) | ||||||
10 | Sec. 6-106. Application for license or instruction permit. | ||||||
11 | (a) Every application for any permit or license authorized | ||||||
12 | to be issued under this Code shall be made upon a form | ||||||
13 | furnished by the Secretary of State. Every application shall | ||||||
14 | be accompanied by the proper fee and payment of such fee shall | ||||||
15 | entitle the applicant to not more than 3 attempts to pass the | ||||||
16 | examination within a period of one year after the date of | ||||||
17 | application. | ||||||
18 | (b) Every application shall state the legal name, zip | ||||||
19 | code, date of birth, sex, and residence address of the | ||||||
20 | applicant; briefly describe the applicant; state whether the | ||||||
21 | applicant has theretofore been licensed as a driver, and, if | ||||||
22 | so, when and by what state or country, and whether any such | ||||||
23 | license has ever been cancelled, suspended, revoked or | ||||||
24 | refused, and, if so, the date and reason for such | ||||||
25 | cancellation, suspension, revocation or refusal; shall include |
| |||||||
| |||||||
1 | an affirmation by the applicant that all information set forth | ||||||
2 | is true and correct; and shall bear the applicant's signature. | ||||||
3 | In addition to the residence address, the Secretary may allow | ||||||
4 | the applicant to provide a mailing address. In the case of an | ||||||
5 | applicant who is a judicial officer or peace officer, the | ||||||
6 | Secretary may allow the applicant to provide an office or work | ||||||
7 | address in lieu of a residence or mailing address. The | ||||||
8 | application form may also require the statement of such | ||||||
9 | additional relevant information as the Secretary of State | ||||||
10 | shall deem necessary to determine the applicant's competency | ||||||
11 | and eligibility. The Secretary of State may, in his | ||||||
12 | discretion, by rule or regulation, provide that an application | ||||||
13 | for a drivers license or permit may include a suitable | ||||||
14 | photograph of the applicant in the form prescribed by the | ||||||
15 | Secretary, and he may further provide that each drivers | ||||||
16 | license shall include a photograph of the driver. The | ||||||
17 | Secretary of State may utilize a photograph process or system | ||||||
18 | most suitable to deter alteration or improper reproduction of | ||||||
19 | a drivers license and to prevent substitution of another photo | ||||||
20 | thereon. For the purposes of this subsection (b), "peace | ||||||
21 | officer" means any person who by virtue of his or her office or | ||||||
22 | public employment is vested by law with a duty to maintain | ||||||
23 | public order or to make arrests for a violation of any penal | ||||||
24 | statute of this State, whether that duty extends to all | ||||||
25 | violations or is limited to specific violations. | ||||||
26 | (b-1) Every application shall state the social security |
| |||||||
| |||||||
1 | number of the applicant; except if the applicant is applying | ||||||
2 | for a standard driver's license and, on the date of | ||||||
3 | application, is ineligible for a social security number, then: | ||||||
4 | (1) if the applicant has documentation, issued by the | ||||||
5 | United States Department of Homeland Security, authorizing | ||||||
6 | the applicant's presence in this country, the applicant | ||||||
7 | shall provide such documentation instead of a social | ||||||
8 | security number; and | ||||||
9 | (2) if the applicant does not have documentation | ||||||
10 | described in paragraph (1), the applicant shall provide, | ||||||
11 | instead of a social security number, the following: | ||||||
12 | (A) documentation establishing that the applicant | ||||||
13 | has resided in this State for a period in excess of one | ||||||
14 | year; | ||||||
15 | (B) a passport validly issued to the applicant | ||||||
16 | from the applicant's country of citizenship or a | ||||||
17 | consular identification document validly issued to the | ||||||
18 | applicant by a consulate of that country as defined in | ||||||
19 | Section 5 of the Consular Identification Document Act, | ||||||
20 | as long as such documents are either unexpired or | ||||||
21 | presented by an applicant within 2 years of its | ||||||
22 | expiration date; and | ||||||
23 | (C) a social security card, if the applicant has a | ||||||
24 | social security number. | ||||||
25 | (b-3) Upon the first issuance of a request for proposals | ||||||
26 | for a digital driver's license and identification card |
| |||||||
| |||||||
1 | issuance and facial recognition system issued after January 1, | ||||||
2 | 2020 (the effective date of Public Act 101-513), and upon | ||||||
3 | implementation of a new or revised system procured pursuant to | ||||||
4 | that request for proposals, the Secretary shall permit | ||||||
5 | applicants to choose between "male", "female" or "non-binary" | ||||||
6 | when designating the applicant's sex on the driver's license | ||||||
7 | application form. The sex designated by the applicant shall be | ||||||
8 | displayed on the driver's license issued to the applicant. | ||||||
9 | (b-5) Every applicant for a REAL ID compliant driver's | ||||||
10 | license or permit shall provide proof of lawful status in the | ||||||
11 | United States as defined in 6 CFR 37.3, as amended. | ||||||
12 | (c) The application form shall include a notice to the | ||||||
13 | applicant of the registration obligations of sex offenders | ||||||
14 | under the Sex Offender Registration Act. The notice shall be | ||||||
15 | provided in a form and manner prescribed by the Secretary of | ||||||
16 | State. For purposes of this subsection (c), "sex offender" has | ||||||
17 | the meaning ascribed to it in Section 2 of the Sex Offender | ||||||
18 | Registration Act. | ||||||
19 | (d) Any male United States citizen or immigrant who | ||||||
20 | applies for any permit or license authorized to be issued | ||||||
21 | under this Code or for a renewal of any permit or license, and | ||||||
22 | who is at least 18 years of age but less than 26 years of age, | ||||||
23 | must be registered in compliance with the requirements of the | ||||||
24 | federal Military Selective Service Act. The Secretary of State | ||||||
25 | must forward in an electronic format the necessary personal | ||||||
26 | information regarding the applicants identified in this |
| |||||||
| |||||||
1 | subsection (d) to the Selective Service System. The | ||||||
2 | applicant's signature on the application serves as an | ||||||
3 | indication that the applicant either has already registered | ||||||
4 | with the Selective Service System or that he is authorizing | ||||||
5 | the Secretary to forward to the Selective Service System the | ||||||
6 | necessary information for registration. The Secretary must | ||||||
7 | notify the applicant at the time of application that his | ||||||
8 | signature constitutes consent to registration with the | ||||||
9 | Selective Service System, if he is not already registered. | ||||||
10 | (e) Beginning on or before July 1, 2015, for each original | ||||||
11 | or renewal driver's license application under this Code, the | ||||||
12 | Secretary shall inquire as to whether the applicant is a | ||||||
13 | veteran for purposes of issuing a driver's license with a | ||||||
14 | veteran designation under subsection (e-5) of Section 6-110 of | ||||||
15 | this Code. The acceptable forms of proof shall include, but | ||||||
16 | are not limited to, Department of Defense form DD-214, | ||||||
17 | Department of Defense form DD-256 for applicants who did not | ||||||
18 | receive a form DD-214 upon the completion of initial basic | ||||||
19 | training, Department of Defense form DD-2 (Retired), an | ||||||
20 | identification card issued under the federal Veterans | ||||||
21 | Identification Card Act of 2015, or a United States Department | ||||||
22 | of Veterans Affairs summary of benefits letter. If the | ||||||
23 | document cannot be stamped, the Illinois Department of | ||||||
24 | Veterans' Affairs shall provide a certificate to the veteran | ||||||
25 | to provide to the Secretary of State. The Illinois Department | ||||||
26 | of Veterans' Affairs shall advise the Secretary as to what |
| |||||||
| |||||||
1 | other forms of proof of a person's status as a veteran are | ||||||
2 | acceptable. | ||||||
3 | For each applicant who is issued a driver's license with a | ||||||
4 | veteran designation, the Secretary shall provide the | ||||||
5 | Department of Veterans' Affairs with the applicant's name, | ||||||
6 | address, date of birth, gender and such other demographic | ||||||
7 | information as agreed to by the Secretary and the Department. | ||||||
8 | The Department may take steps necessary to confirm the | ||||||
9 | applicant is a veteran. If after due diligence, including | ||||||
10 | writing to the applicant at the address provided by the | ||||||
11 | Secretary, the Department is unable to verify the applicant's | ||||||
12 | veteran status, the Department shall inform the Secretary, who | ||||||
13 | shall notify the applicant that he or she must confirm status | ||||||
14 | as a veteran, or the driver's license will be cancelled. | ||||||
15 | For purposes of this subsection (e): | ||||||
16 | "Armed forces" means any of the Armed Forces of the United | ||||||
17 | States, including a member of any reserve component or | ||||||
18 | National Guard unit. | ||||||
19 | "Veteran" means a person who has served in the armed | ||||||
20 | forces and was discharged or separated under honorable | ||||||
21 | conditions. | ||||||
22 | (f) An applicant who is eligible for Gold Star license | ||||||
23 | plates under Section 3-664 of this Code may apply for an | ||||||
24 | original or renewal driver's license with space for a | ||||||
25 | designation as a Gold Star Family. The Secretary may waive any | ||||||
26 | fee for this application. If the Secretary does not waive the |
| |||||||
| |||||||
1 | fee, any fee charged to the applicant must be deposited into | ||||||
2 | the Illinois Veterans Assistance Fund. The Secretary is | ||||||
3 | authorized to issue rules to implement this subsection. | ||||||
4 | (Source: P.A. 102-558, eff. 8-20-21; 103-210, eff. 7-1-24.) | ||||||
5 | (625 ILCS 5/6-110) (from Ch. 95 1/2, par. 6-110) | ||||||
6 | Sec. 6-110. Licenses issued to drivers. | ||||||
7 | (a) The Secretary of State shall issue to every qualifying | ||||||
8 | applicant a driver's license as applied for, which license | ||||||
9 | shall bear a distinguishing number assigned to the licensee, | ||||||
10 | the legal name, signature, zip code, date of birth, residence | ||||||
11 | address, and a brief description of the licensee. | ||||||
12 | Licenses issued shall also indicate the classification and | ||||||
13 | the restrictions under Section 6-104 of this Code. The | ||||||
14 | Secretary may adopt rules to establish informational | ||||||
15 | restrictions that can be placed on the driver's license | ||||||
16 | regarding specific conditions of the licensee. | ||||||
17 | A driver's license issued may, in the discretion of the | ||||||
18 | Secretary, include a suitable photograph of a type prescribed | ||||||
19 | by the Secretary. | ||||||
20 | (a-1) If the licensee is less than 18 years of age, unless | ||||||
21 | one of the exceptions in subsection (a-2) apply, the license | ||||||
22 | shall, as a matter of law, be invalid for the operation of any | ||||||
23 | motor vehicle during the following times: | ||||||
24 | (A) Between 11:00 p.m. Friday and 6:00 a.m. Saturday; | ||||||
25 | (B) Between 11:00 p.m. Saturday and 6:00 a.m. on |
| |||||||
| |||||||
1 | Sunday; and | ||||||
2 | (C) Between 10:00 p.m. on Sunday to Thursday, | ||||||
3 | inclusive, and 6:00 a.m. on the following day. | ||||||
4 | (a-2) The driver's license of a person under the age of 18 | ||||||
5 | shall not be invalid as described in subsection (a-1) of this | ||||||
6 | Section if the licensee under the age of 18 was: | ||||||
7 | (1) accompanied by the licensee's parent or guardian | ||||||
8 | or other person in custody or control of the minor; | ||||||
9 | (2) on an errand at the direction of the minor's | ||||||
10 | parent or guardian, without any detour or stop; | ||||||
11 | (3) in a motor vehicle involved in interstate travel; | ||||||
12 | (4) going to or returning home from an employment | ||||||
13 | activity, without any detour or stop; | ||||||
14 | (5) involved in an emergency; | ||||||
15 | (6) going to or returning home from, without any | ||||||
16 | detour or stop, an official school, religious, or other | ||||||
17 | recreational activity supervised by adults and sponsored | ||||||
18 | by a government or governmental agency, a civic | ||||||
19 | organization, or another similar entity that takes | ||||||
20 | responsibility for the licensee, without any detour or | ||||||
21 | stop; | ||||||
22 | (7) exercising First Amendment rights protected by the | ||||||
23 | United States Constitution, such as the free exercise of | ||||||
24 | religion, freedom of speech, and the right of assembly; or | ||||||
25 | (8) married or had been married or is an emancipated | ||||||
26 | minor under the Emancipation of Minors Act. |
| |||||||
| |||||||
1 | (a-2.5) The driver's license of a person who is 17 years of | ||||||
2 | age and has been licensed for at least 12 months is not invalid | ||||||
3 | as described in subsection (a-1) of this Section while the | ||||||
4 | licensee is participating as an assigned driver in a Safe | ||||||
5 | Rides program that meets the following criteria: | ||||||
6 | (1) the program is sponsored by the Boy Scouts of | ||||||
7 | America or another national public service organization; | ||||||
8 | and | ||||||
9 | (2) the sponsoring organization carries liability | ||||||
10 | insurance covering the program. | ||||||
11 | (a-3) If a graduated driver's license holder over the age | ||||||
12 | of 18 committed an offense against traffic regulations | ||||||
13 | governing the movement of vehicles or any violation of Section | ||||||
14 | 6-107 or Section 12-603.1 of this Code in the 6 months prior to | ||||||
15 | the graduated driver's license holder's 18th birthday, and was | ||||||
16 | subsequently convicted of the offense, the provisions of | ||||||
17 | subsection (a-1) shall continue to apply until such time as a | ||||||
18 | period of 6 consecutive months has elapsed without an | ||||||
19 | additional violation and subsequent conviction of an offense | ||||||
20 | against traffic regulations governing the movement of vehicles | ||||||
21 | or Section 6-107 or Section 12-603.1 of this Code. | ||||||
22 | (a-4) If an applicant for a driver's license or | ||||||
23 | instruction permit has a current identification card issued by | ||||||
24 | the Secretary of State, the Secretary may require the | ||||||
25 | applicant to utilize the same residence address and name on | ||||||
26 | the identification card, driver's license, and instruction |
| |||||||
| |||||||
1 | permit records maintained by the Secretary. The Secretary may | ||||||
2 | promulgate rules to implement this provision. | ||||||
3 | (a-5) If an applicant for a driver's license is a judicial | ||||||
4 | officer or a peace officer, the applicant may elect to have his | ||||||
5 | or her office or work address listed on the license instead of | ||||||
6 | the applicant's residence or mailing address. The Secretary of | ||||||
7 | State shall adopt rules to implement this subsection (a-5). | ||||||
8 | For the purposes of this subsection (a-5), "peace officer" | ||||||
9 | means any person who by virtue of his or her office or public | ||||||
10 | employment is vested by law with a duty to maintain public | ||||||
11 | order or to make arrests for a violation of any penal statute | ||||||
12 | of this State, whether that duty extends to all violations or | ||||||
13 | is limited to specific violations. | ||||||
14 | (b) Until the Secretary of State establishes a First | ||||||
15 | Person Consent organ and tissue donor registry under Section | ||||||
16 | 6-117 of this Code, the Secretary of State shall provide a | ||||||
17 | format on the reverse of each driver's license issued which | ||||||
18 | the licensee may use to execute a document of gift conforming | ||||||
19 | to the provisions of the Illinois Anatomical Gift Act. The | ||||||
20 | format shall allow the licensee to indicate the gift intended, | ||||||
21 | whether specific organs, any organ, or the entire body, and | ||||||
22 | shall accommodate the signatures of the donor and 2 witnesses. | ||||||
23 | The Secretary shall also inform each applicant or licensee of | ||||||
24 | this format, describe the procedure for its execution, and may | ||||||
25 | offer the necessary witnesses; provided that in so doing, the | ||||||
26 | Secretary shall advise the applicant or licensee that he or |
| |||||||
| |||||||
1 | she is under no compulsion to execute a document of gift. A | ||||||
2 | brochure explaining this method of executing an anatomical | ||||||
3 | gift document shall be given to each applicant or licensee. | ||||||
4 | The brochure shall advise the applicant or licensee that he or | ||||||
5 | she is under no compulsion to execute a document of gift, and | ||||||
6 | that he or she may wish to consult with family, friends or | ||||||
7 | clergy before doing so. The Secretary of State may undertake | ||||||
8 | additional efforts, including education and awareness | ||||||
9 | activities, to promote organ and tissue donation. | ||||||
10 | (c) The Secretary of State shall designate on each | ||||||
11 | driver's license issued a space where the licensee may place a | ||||||
12 | sticker or decal of the uniform size as the Secretary may | ||||||
13 | specify, which sticker or decal may indicate in appropriate | ||||||
14 | language that the owner of the license carries an Emergency | ||||||
15 | Medical Information Card. | ||||||
16 | The sticker may be provided by any person, hospital, | ||||||
17 | school, medical group, or association interested in assisting | ||||||
18 | in implementing the Emergency Medical Information Card, but | ||||||
19 | shall meet the specifications as the Secretary may by rule or | ||||||
20 | regulation require. | ||||||
21 | (d) The Secretary of State shall designate on each | ||||||
22 | driver's license issued a space where the licensee may | ||||||
23 | indicate his blood type and RH factor. | ||||||
24 | (e) The Secretary of State shall provide that each | ||||||
25 | original or renewal driver's license issued to a licensee | ||||||
26 | under 21 years of age shall be of a distinct nature from those |
| |||||||
| |||||||
1 | driver's licenses issued to individuals 21 years of age and | ||||||
2 | older. The color designated for driver's licenses for | ||||||
3 | licensees under 21 years of age shall be at the discretion of | ||||||
4 | the Secretary of State. | ||||||
5 | (e-1) The Secretary shall provide that each driver's | ||||||
6 | license issued to a person under the age of 21 displays the | ||||||
7 | date upon which the person becomes 18 years of age and the date | ||||||
8 | upon which the person becomes 21 years of age. | ||||||
9 | (e-3) The General Assembly recognizes the need to identify | ||||||
10 | military veterans living in this State for the purpose of | ||||||
11 | ensuring that they receive all of the services and benefits to | ||||||
12 | which they are legally entitled, including healthcare, | ||||||
13 | education assistance, and job placement. To assist the State | ||||||
14 | in identifying these veterans and delivering these vital | ||||||
15 | services and benefits, the Secretary of State is authorized to | ||||||
16 | issue drivers' licenses with the word "veteran" appearing on | ||||||
17 | the face of the licenses. This authorization is predicated on | ||||||
18 | the unique status of veterans. The Secretary may not issue any | ||||||
19 | other driver's license which identifies an occupation, status, | ||||||
20 | affiliation, hobby, or other unique characteristics of the | ||||||
21 | license holder which is unrelated to the purpose of the | ||||||
22 | driver's license. | ||||||
23 | (e-5) Beginning on or before July 1, 2015, the Secretary | ||||||
24 | of State shall designate a space on each original or renewal | ||||||
25 | driver's license where, at the request of the applicant, the | ||||||
26 | word "veteran" shall be placed. The veteran designation shall |
| |||||||
| |||||||
1 | be available to a person identified as a veteran under | ||||||
2 | subsection (e) of Section 6-106 of this Code who was | ||||||
3 | discharged or separated under honorable conditions. | ||||||
4 | (e-7) Upon providing required documentation, at the | ||||||
5 | request of the applicant, the driver's license may reflect | ||||||
6 | Gold Star Family designation. The Secretary shall designate a | ||||||
7 | space on each original or renewal driver's license for such | ||||||
8 | designation. This designation shall be available to a person | ||||||
9 | eligible for Gold Star license plates under subsection (f) of | ||||||
10 | Section 6-106 of this Code. | ||||||
11 | (f) The Secretary of State shall inform all Illinois | ||||||
12 | licensed commercial motor vehicle operators of the | ||||||
13 | requirements of the Uniform Commercial Driver License Act, | ||||||
14 | Article V of this Chapter, and shall make provisions to insure | ||||||
15 | that all drivers, seeking to obtain a commercial driver's | ||||||
16 | license, be afforded an opportunity prior to April 1, 1992, to | ||||||
17 | obtain the license. The Secretary is authorized to extend | ||||||
18 | driver's license expiration dates, and assign specific times, | ||||||
19 | dates and locations where these commercial driver's tests | ||||||
20 | shall be conducted. Any applicant, regardless of the current | ||||||
21 | expiration date of the applicant's driver's license, may be | ||||||
22 | subject to any assignment by the Secretary. Failure to comply | ||||||
23 | with the Secretary's assignment may result in the applicant's | ||||||
24 | forfeiture of an opportunity to receive a commercial driver's | ||||||
25 | license prior to April 1, 1992. | ||||||
26 | (g) The Secretary of State shall designate on a driver's |
| |||||||
| |||||||
1 | license issued, a space where the licensee may indicate that | ||||||
2 | he or she has drafted a living will in accordance with the | ||||||
3 | Illinois Living Will Act or a durable power of attorney for | ||||||
4 | health care in accordance with the Illinois Power of Attorney | ||||||
5 | Act. | ||||||
6 | (g-1) The Secretary of State, in his or her discretion, | ||||||
7 | may designate on each driver's license issued a space where | ||||||
8 | the licensee may place a sticker or decal, issued by the | ||||||
9 | Secretary of State, of uniform size as the Secretary may | ||||||
10 | specify, that shall indicate in appropriate language that the | ||||||
11 | owner of the license has renewed his or her driver's license. | ||||||
12 | (h) A person who acts in good faith in accordance with the | ||||||
13 | terms of this Section is not liable for damages in any civil | ||||||
14 | action or subject to prosecution in any criminal proceeding | ||||||
15 | for his or her act. | ||||||
16 | (i) The Secretary shall designate a space on each original | ||||||
17 | or renewal of a driver's license, at the request of the | ||||||
18 | applicant, for a designation as a Gold Star Family. This | ||||||
19 | designation shall be available to a person eligible for Gold | ||||||
20 | Star license plates under subsection (f) of Section 6-106 of | ||||||
21 | this Code. | ||||||
22 | (Source: P.A. 97-263, eff. 8-5-11; 97-739, eff. 1-1-13; | ||||||
23 | 97-847, eff. 1-1-13; 97-1127, eff. 1-1-13; 98-323, eff. | ||||||
24 | 1-1-14; 98-463, eff. 8-16-13.) | ||||||
25 | Section 30. The Museum Disposition of Property Act is |
| |||||||
| |||||||
1 | amended by adding Section 47 as follows: | ||||||
2 | (765 ILCS 1033/47 new) | ||||||
3 | Sec. 47. Waiver of fee. A museum may not charge any fee to | ||||||
4 | an Illinois resident who shows a driver's license or | ||||||
5 | identification card that provides the resident has a notation | ||||||
6 | on the license or card that the resident is a Gold Star Family | ||||||
7 | member. | ||||||
8 | Section 35. The Illinois Human Rights Act is amended by | ||||||
9 | changing Section 1-103 as follows: | ||||||
10 | (775 ILCS 5/1-103) (from Ch. 68, par. 1-103) | ||||||
11 | Sec. 1-103. General definitions. When used in this Act, | ||||||
12 | unless the context requires otherwise, the term: | ||||||
13 | (A) Age. "Age" means the chronological age of a person who | ||||||
14 | is at least 40 years old, except with regard to any practice | ||||||
15 | described in Section 2-102, insofar as that practice concerns | ||||||
16 | training or apprenticeship programs. In the case of training | ||||||
17 | or apprenticeship programs, for the purposes of Section 2-102, | ||||||
18 | "age" means the chronological age of a person who is 18 but not | ||||||
19 | yet 40 years old. | ||||||
20 | (B) Aggrieved party. "Aggrieved party" means a person who | ||||||
21 | is alleged or proved to have been injured by a civil rights | ||||||
22 | violation or believes he or she will be injured by a civil | ||||||
23 | rights violation under Article 3 that is about to occur. |
| |||||||
| |||||||
1 | (B-5) Arrest record. "Arrest record" means: | ||||||
2 | (1) an arrest not leading to a conviction; | ||||||
3 | (2) a juvenile record; or | ||||||
4 | (3) criminal history record information ordered | ||||||
5 | expunged, sealed, or impounded under Section 5.2 of the | ||||||
6 | Criminal Identification Act. | ||||||
7 | (C) Charge. "Charge" means an allegation filed with the | ||||||
8 | Department by an aggrieved party or initiated by the | ||||||
9 | Department under its authority. | ||||||
10 | (D) Civil rights violation. "Civil rights violation" | ||||||
11 | includes and shall be limited to only those specific acts set | ||||||
12 | forth in Sections 2-102, 2-103, 2-105, 3-102, 3-102.1, 3-103, | ||||||
13 | 3-102.10, 3-104.1, 3-105, 3-105.1, 4-102, 4-103, 5-102, | ||||||
14 | 5A-102, 6-101, 6-101.5, and 6-102 of this Act. | ||||||
15 | (E) Commission. "Commission" means the Human Rights | ||||||
16 | Commission created by this Act. | ||||||
17 | (F) Complaint. "Complaint" means the formal pleading filed | ||||||
18 | by the Department with the Commission following an | ||||||
19 | investigation and finding of substantial evidence of a civil | ||||||
20 | rights violation. | ||||||
21 | (G) Complainant. "Complainant" means a person including | ||||||
22 | the Department who files a charge of civil rights violation | ||||||
23 | with the Department or the Commission. | ||||||
24 | (G-5) Conviction record. "Conviction record" means | ||||||
25 | information indicating that a person has been convicted of a | ||||||
26 | felony, misdemeanor or other criminal offense, placed on |
| |||||||
| |||||||
1 | probation, fined, imprisoned, or paroled pursuant to any law | ||||||
2 | enforcement or military authority. | ||||||
3 | (H) Department. "Department" means the Department of Human | ||||||
4 | Rights created by this Act. | ||||||
5 | (I) Disability. | ||||||
6 | (1) "Disability" means a determinable physical or mental | ||||||
7 | characteristic of a person, including, but not limited to, a | ||||||
8 | determinable physical characteristic which necessitates the | ||||||
9 | person's use of a guide, hearing or support dog, the history of | ||||||
10 | such characteristic, or the perception of such characteristic | ||||||
11 | by the person complained against, which may result from | ||||||
12 | disease, injury, congenital condition of birth or functional | ||||||
13 | disorder and which characteristic: | ||||||
14 | (a) For purposes of Article 2, is unrelated to the | ||||||
15 | person's ability to perform the duties of a particular job | ||||||
16 | or position and, pursuant to Section 2-104 of this Act, a | ||||||
17 | person's illegal use of drugs or alcohol is not a | ||||||
18 | disability; | ||||||
19 | (b) For purposes of Article 3, is unrelated to the | ||||||
20 | person's ability to acquire, rent, or maintain a housing | ||||||
21 | accommodation; | ||||||
22 | (c) For purposes of Article 4, is unrelated to a | ||||||
23 | person's ability to repay; | ||||||
24 | (d) For purposes of Article 5, is unrelated to a | ||||||
25 | person's ability to utilize and benefit from a place of | ||||||
26 | public accommodation; |
| |||||||
| |||||||
1 | (e) For purposes of Article 5, also includes any | ||||||
2 | mental, psychological, or developmental disability, | ||||||
3 | including autism spectrum disorders. | ||||||
4 | (2) Discrimination based on disability includes unlawful | ||||||
5 | discrimination against an individual because of the | ||||||
6 | individual's association with a person with a disability. | ||||||
7 | (J) Marital status. "Marital status" means the legal | ||||||
8 | status of being married, single, separated, divorced, or | ||||||
9 | widowed. | ||||||
10 | (J-1) Military status. "Military status" means a person's | ||||||
11 | status on active duty in or status as a veteran of the armed | ||||||
12 | forces of the United States, status as a current member or | ||||||
13 | veteran of any reserve component of the armed forces of the | ||||||
14 | United States, including the United States Army Reserve, | ||||||
15 | United States Marine Corps Reserve, United States Navy | ||||||
16 | Reserve, United States Air Force Reserve, and United States | ||||||
17 | Coast Guard Reserve, or status as a current member or veteran | ||||||
18 | of the Illinois Army National Guard or Illinois Air National | ||||||
19 | Guard. | ||||||
20 | (J-5) Military family status. "Military family status" | ||||||
21 | includes a family member, caregiver, or survivor of a person | ||||||
22 | who has military status. | ||||||
23 | (K) National origin. "National origin" means the place in | ||||||
24 | which a person or one of his or her ancestors was born. | ||||||
25 | (K-5) "Order of protection status" means a person's status | ||||||
26 | as being a person protected under an order of protection |
| |||||||
| |||||||
1 | issued pursuant to the Illinois Domestic Violence Act of 1986, | ||||||
2 | Article 112A of the Code of Criminal Procedure of 1963, the | ||||||
3 | Stalking No Contact Order Act, or the Civil No Contact Order | ||||||
4 | Act, or an order of protection issued by a court of another | ||||||
5 | state. | ||||||
6 | (L) Person. "Person" includes one or more individuals, | ||||||
7 | partnerships, associations or organizations, labor | ||||||
8 | organizations, labor unions, joint apprenticeship committees, | ||||||
9 | or union labor associations, corporations, the State of | ||||||
10 | Illinois and its instrumentalities, political subdivisions, | ||||||
11 | units of local government, legal representatives, trustees in | ||||||
12 | bankruptcy or receivers. | ||||||
13 | (L-5) Pregnancy. "Pregnancy" means pregnancy, childbirth, | ||||||
14 | or medical or common conditions related to pregnancy or | ||||||
15 | childbirth. | ||||||
16 | (M) Public contract. "Public contract" includes every | ||||||
17 | contract to which the State, any of its political | ||||||
18 | subdivisions, or any municipal corporation is a party. | ||||||
19 | (M-5) Race. "Race" includes traits associated with race, | ||||||
20 | including, but not limited to, hair texture and protective | ||||||
21 | hairstyles such as braids, locks, and twists. | ||||||
22 | (N) Religion. "Religion" includes all aspects of religious | ||||||
23 | observance and practice, as well as belief, except that with | ||||||
24 | respect to employers, for the purposes of Article 2, | ||||||
25 | "religion" has the meaning ascribed to it in paragraph (F) of | ||||||
26 | Section 2-101. |
| |||||||
| |||||||
1 | (O) Sex. "Sex" means the status of being male or female. | ||||||
2 | (O-1) Sexual orientation. "Sexual orientation" means | ||||||
3 | actual or perceived heterosexuality, homosexuality, | ||||||
4 | bisexuality, or gender-related identity, whether or not | ||||||
5 | traditionally associated with the person's designated sex at | ||||||
6 | birth. "Sexual orientation" does not include a physical or | ||||||
7 | sexual attraction to a minor by an adult. | ||||||
8 | (O-5) Source of income. "Source of income" means the | ||||||
9 | lawful manner by which an individual supports himself or | ||||||
10 | herself and his or her dependents. | ||||||
11 | (P) Unfavorable military discharge. "Unfavorable military | ||||||
12 | discharge" includes discharges from the Armed Forces of the | ||||||
13 | United States, their Reserve components, or any National Guard | ||||||
14 | or Naval Militia which are classified as RE-3 or the | ||||||
15 | equivalent thereof, but does not include those characterized | ||||||
16 | as RE-4 or "Dishonorable". | ||||||
17 | (Q) Unlawful discrimination. "Unlawful discrimination" | ||||||
18 | means discrimination against a person because of his or her | ||||||
19 | actual or perceived: race, color, religion, national origin, | ||||||
20 | ancestry, age, sex, marital status, order of protection | ||||||
21 | status, disability, military status, sexual orientation, | ||||||
22 | pregnancy, or unfavorable discharge from military service as | ||||||
23 | those terms are defined in this Section. | ||||||
24 | (Source: P.A. 102-362, eff. 1-1-22; 102-419, eff. 1-1-22; | ||||||
25 | 102-558, eff. 8-20-21; 102-813, eff. 5-13-22; 102-896, eff. | ||||||
26 | 1-1-23; 102-1102, eff. 1-1-23; 103-154, eff. 6-30-23.) |
| |||||||
| |||||||
1 | Section 95. No acceleration or delay. Where this Act makes | ||||||
2 | changes in a statute that is represented in this Act by text | ||||||
3 | that is not yet or no longer in effect (for example, a Section | ||||||
4 | represented by multiple versions), the use of that text does | ||||||
5 | not accelerate or delay the taking effect of (i) the changes | ||||||
6 | made by this Act or (ii) provisions derived from any other | ||||||
7 | Public Act.". |