HB3882 EngrossedLRB103 26790 MXP 53153 b

1    AN ACT concerning transportation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Consular Identification Document Act is
5amended by changing Section 10 as follows:
 
6    (5 ILCS 230/10)
7    Sec. 10. Acceptance of consular identification document.
8    (a) When requiring members of the public to provide
9identification, each State agency and officer and unit of
10local government shall accept a consular identification
11document as valid identification of a person.
12    (b) A consular identification document shall be accepted
13for purposes of identification only and does not convey an
14independent right to receive benefits of any type.
15    (c) A consular identification document may not be accepted
16as identification for obtaining a REAL ID compliant driver's
17license, as defined by Section 6-100 of the Vehicle Code,
18other than a temporary visitor's driver's license, or
19registering to vote.
20    (d) A consular identification document does not establish
21or indicate lawful U.S. immigration status and may not be
22viewed as valid for that purpose, nor does a consular
23identification document establish a foreign national's right

 

 

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1to be in the United States or remain in the United States.
2    (e) The requirements of subsection (a) do not apply if:
3        (1) a federal law, regulation, or directive or a
4    federal court decision requires a State agency or officer
5    or a unit of local government to obtain different
6    identification;
7        (2) a federal law, regulation, or directive preempts
8    state regulation of identification requirements; or
9        (3) a State agency or officer or a unit of local
10    government would be unable to comply with a condition
11    imposed by a funding source which would cause the State
12    agency or officer or unit of local government to lose
13    funds from that source.
14    (f) Nothing in subsection (a) shall be construed to
15prohibit a State agency or officer or a unit of local
16government from:
17        (1) requiring additional information from persons in
18    order to verify a current address or other facts that
19    would enable the State agency or officer or unit of local
20    government to fulfill its responsibilities, except that
21    this paragraph (1) does not permit a State agency or
22    officer or a unit of local government to require
23    additional information solely in order to establish
24    identification of the person when the consular
25    identification document is the form of identification
26    presented;

 

 

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1        (2) requiring fingerprints for identification purposes
2    under circumstances where the State agency or officer or
3    unit of local government also requires fingerprints from
4    persons who have a driver's license or Illinois
5    Identification Card; or
6        (3) requiring additional evidence of identification if
7    the State agency or officer or unit of local government
8    reasonably believes that: (A) the consular identification
9    document is forged, fraudulent, or altered; or (B) the
10    holder does not appear to be the same person on the
11    consular identification document.
12(Source: P.A. 97-1157, eff. 11-28-13.)
 
13    Section 10. The Election Code is amended by changing
14Section 1A-16.1 as follows:
 
15    (10 ILCS 5/1A-16.1)
16    Sec. 1A-16.1. Automatic voter registration; Secretary of
17State.
18    (a) The Office of the Secretary of State and the State
19Board of Elections, pursuant to an interagency contract and
20jointly-adopted rules, shall establish an automatic voter
21registration program that satisfies the requirements of this
22Section and other applicable law.
23    (b) If an application, an application for renewal, a
24change of address form, or a recertification form for a

 

 

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1driver's license, other than a temporary visitor's driver's
2license, or a State identification card issued by the Office
3of the Secretary of State meets the requirements of the
4federal REAL ID Act of 2005, then that application shall serve
5as a dual-purpose application. The dual-purpose application
6shall:
7        (1) also serve as an application to register to vote
8    in Illinois;
9        (2) allow an applicant to change his or her registered
10    residence address or name as it appears on the voter
11    registration rolls;
12        (3) provide the applicant with an opportunity to
13    affirmatively decline to register to vote or to change his
14    or her registered residence address or name by providing a
15    check box on the application form without requiring the
16    applicant to state the reason; and
17        (4) unless the applicant declines to register to vote
18    or change his or her registered residence address or name,
19    require the applicant to attest, by signature under
20    penalty of perjury as described in subsection (e) of this
21    Section, to meeting the qualifications to register to vote
22    in Illinois at his or her residence address as indicated
23    on his or her driver's license or identification card
24    dual-purpose application.
25    (b-5) If an application, an application for renewal, a
26change of address form, or a recertification form for a

 

 

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1driver's license, other than a temporary visitor's driver's
2license, or a State identification card issued by the Office
3of the Secretary of State, other than an application or form
4that pertains to a standard driver's license or identification
5card and does not list a social security number for the
6applicant, does not meet the requirements of the federal REAL
7ID Act of 2005, then that application shall serve as a
8dual-purpose application. The dual-purpose application shall:
9        (1) also serve as an application to register to vote
10    in Illinois;
11        (2) allow an applicant to change his or her registered
12    residence address or name as it appears on the voter
13    registration rolls; and
14        (3) if the applicant chooses to register to vote or to
15    change his or her registered residence address or name,
16    then require the applicant to attest, by a separate
17    signature under penalty of perjury, to meeting the
18    qualifications to register to vote in Illinois at his or
19    her residence address as indicated on his or her
20    dual-purpose application.
21    (b-10) The Office of the Secretary of State shall clearly
22and conspicuously inform each applicant in writing: (i) of the
23qualifications to register to vote in Illinois, (ii) of the
24penalties provided by law for submission of a false voter
25registration application, (iii) that, unless the applicant
26declines to register to vote or update his or her voter

 

 

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1registration, his or her dual-purpose application shall also
2serve as both an application to register to vote and his or her
3attestation that he or she meets the eligibility requirements
4for voter registration, and that his or her application to
5register to vote or update his or her registration will be
6transmitted to the State Board of Elections for the purpose of
7registering the person to vote at the residence address to be
8indicated on his or her driver's license or identification
9card, and (iv) that declining to register to vote is
10confidential and will not affect any services the person may
11be seeking from the Office of the Secretary of State.
12    (c) The Office of the Secretary of State shall review
13information provided to the Office of the Secretary of State
14by the State Board of Elections to inform each applicant for a
15driver's license or permit, other than a temporary visitor's
16driver's license, or a State identification card issued by the
17Office of the Secretary of State, other than an application or
18form that pertains to a standard driver's license or
19identification card and does not list a social security number
20for the applicant, whether the applicant is currently
21registered to vote in Illinois and, if registered, at what
22address.
23    (d) The Office of the Secretary of State shall not require
24an applicant for a driver's license or State identification
25card to provide duplicate identification or information in
26order to complete an application to register to vote or change

 

 

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1his or her registered residence address or name. Before
2transmitting any personal information about an applicant to
3the State Board of Elections, the Office of the Secretary of
4State shall review its records of the identification documents
5the applicant provided in order to complete the application
6for a driver's license or State identification card, to
7confirm that nothing in those documents indicates that the
8applicant does not satisfy the qualifications to register to
9vote in Illinois at his or her residence address.
10    (e) A completed, signed application for (i) a driver's
11license or permit, other than a temporary visitor's driver's
12license, or a State identification card issued by the Office
13of the Secretary of State, that meets the requirements of the
14federal REAL ID Act of 2005; or (ii) a completed application
15under subsection (b-5) of this Section with a separate
16signature attesting the applicant meets the qualifications to
17register to vote in Illinois at his or her residence address as
18indicated on his or her application shall constitute a signed
19application to register to vote in Illinois at the residence
20address indicated in the application unless the person
21affirmatively declined in the application to register to vote
22or to change his or her registered residence address or name.
23If the identification documents provided to complete the
24dual-purpose application indicate that he or she does not
25satisfy the qualifications to register to vote in Illinois at
26his or her residence address, the application shall be marked

 

 

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1as incomplete.
2    (f) For each completed and signed application that
3constitutes an application to register to vote in Illinois or
4provides for a change in the applicant's registered residence
5address or name, the Office of the Secretary of State shall
6electronically transmit to the State Board of Elections
7personal information needed to complete the person's
8registration to vote in Illinois at his or her residence
9address. The application to register to vote shall be
10processed in accordance with Section 1A-16.7.
11    (g) If the federal REAL ID Act of 2005 is repealed,
12abrogated, superseded, or otherwise no longer in effect, then
13the State Board of Elections shall establish criteria for
14determining reliable personal information indicating
15citizenship status and shall adopt rules as necessary for the
16Secretary of State to continue processing dual-purpose
17applications under this Section.
18    (h) As used in this Section, "dual-purpose application"
19means an application, an application for renewal, a change of
20address form, or a recertification form for driver's license
21or permit, other than a temporary visitor's driver's license,
22or a State identification card offered by the Secretary of
23State, other than an application or form that pertains to a
24standard driver's license or identification card and does not
25list a social security number for the applicant, that also
26serves as an application to register to vote in Illinois.

 

 

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1"Dual-purpose application" does not mean an application under
2subsection (c) of Section 6-109 of the Illinois Vehicle Code.
3(Source: P.A. 100-464, eff. 8-28-17.)
 
4    Section 15. The Illinois Identification Card Act is
5amended by changing Sections 1A, 2, 4, 4D, 5, and 11 as
6follows:
 
7    (15 ILCS 335/1A)
8    Sec. 1A. Definitions. As used in this Act:
9    "Highly restricted personal information" means an
10individual's photograph, signature, social security number,
11and medical or disability information.
12    "Identification card making implement" means any material,
13hardware, or software that is specifically designed for or
14primarily used in the manufacture, assembly, issuance, or
15authentication of an official identification card issued by
16the Secretary of State.
17    "Fraudulent identification card" means any identification
18card that purports to be an official identification card for
19which a computerized number and file have not been created by
20the Secretary of State, the United States Government or any
21state or political subdivision thereof, or any governmental or
22quasi-governmental organization. For the purpose of this Act,
23any identification card that resembles an official
24identification card in either size, color, photograph

 

 

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1location, or design or uses the word "official", "state",
2"Illinois", or the name of any other state or political
3subdivision thereof, or any governmental or quasi-governmental
4organization individually or in any combination thereof to
5describe or modify the term "identification card" or "I.D.
6card" anywhere on the card, or uses a shape in the likeness of
7Illinois or any other state on the photograph side of the card,
8is deemed to be a fraudulent identification card unless the
9words "This is not an official Identification Card", appear
10prominently upon it in black colored lettering in 12-point
11type on the photograph side of the card, and no such card shall
12be smaller in size than 3 inches by 4 inches, and the
13photograph shall be on the left side of the card only.
14    "Legal name" means the full given name and surname of an
15individual as recorded at birth, recorded at marriage, or
16deemed as the correct legal name for use in reporting income by
17the Social Security Administration or the name as otherwise
18established through legal action that appears on the
19associated official document presented to the Secretary of
20State.
21    "Personally identifying information" means information
22that identifies an individual, including his or her
23identification card number, name, address (but not the 5-digit
24zip code), date of birth, height, weight, hair color, eye
25color, email address, and telephone number.
26    "Homeless person" or "homeless individual" has the same

 

 

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1meaning as defined by the federal McKinney-Vento Homeless
2Assistance Act, 42 U.S.C. 11302, or 42 U.S.C. 11434a(2).
3    "Youth for whom the Department of Children and Family
4Services is legally responsible" or "foster child" means a
5child or youth whose guardianship or custody has been accepted
6by the Department of Children and Family Services pursuant to
7the Juvenile Court Act of 1987, the Children and Family
8Services Act, the Abused and Neglected Child Reporting Act,
9and the Adoption Act. This applies to children for whom the
10Department of Children and Family Services has temporary
11protective custody, custody or guardianship via court order,
12or children whose parents have signed an adoptive surrender or
13voluntary placement agreement with the Department.
14    "REAL ID compliant identification card" means a standard
15Illinois Identification Card or Illinois Person with a
16Disability Identification Card issued in compliance with the
17REAL ID Act and implementing regulations. REAL ID compliant
18identification cards shall bear a security marking approved by
19the United States Department of Homeland Security.
20    "Standard Non-compliant identification card" means a
21standard Illinois Identification Card or Illinois Person with
22a Disability Identification Card issued in a manner which is
23not compliant with the REAL ID Act and implementing
24regulations. Standard Non-compliant identification cards shall
25be marked "Federal Limits Apply" "Not for Federal
26Identification" and shall have a color or design different

 

 

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1from the REAL ID compliant identification card.
2    "Limited Term REAL ID compliant identification card" means
3a REAL ID compliant identification card that is issued to
4persons who are not permanent residents or citizens of the
5United States, or an individual who has an approved
6application for asylum in the United States or has entered the
7United States in refugee status, and is marked "Limited Term"
8on the face of the card.
9(Source: P.A. 100-201, eff. 8-18-17; 100-248, eff. 8-22-17;
10101-326, eff. 8-9-19.)
 
11    (15 ILCS 335/2)  (from Ch. 124, par. 22)
12    Sec. 2. Administration and powers and duties of the
13Administrator.
14    (a) The Secretary of State is the Administrator of this
15Act, and he is charged with the duty of observing,
16administering and enforcing the provisions of this Act.
17    (b) The Secretary is vested with the powers and duties for
18the proper administration of this Act as follows:
19        1. He shall organize the administration of this Act as
20    he may deem necessary and appoint such subordinate
21    officers, clerks and other employees as may be necessary.
22        2. From time to time, he may make, amend or rescind
23    rules and regulations as may be in the public interest to
24    implement the Act.
25        3. He may prescribe or provide suitable forms as

 

 

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1    necessary, including such forms as are necessary to
2    establish that an applicant for an Illinois Person with a
3    Disability Identification Card is a "person with a
4    disability" as defined in Section 4A of this Act, and
5    establish that an applicant for a State identification
6    card is a "homeless person" as defined in Section 1A of
7    this Act.
8        4. He may prepare under the seal of the Secretary of
9    State certified copies of any records utilized under this
10    Act and any such certified copy shall be admissible in any
11    proceeding in any court in like manner as the original
12    thereof.
13        5. Records compiled under this Act shall be maintained
14    for 6 years, but the Secretary may destroy such records
15    with the prior approval of the State Records Commission.
16        6. He shall examine and determine the genuineness,
17    regularity and legality of every application filed with
18    him under this Act, and he may in all cases investigate the
19    same, require additional information or proof or
20    documentation from any applicant.
21        7. He shall require the payment of all fees prescribed
22    in this Act, and all such fees received by him shall be
23    placed in the Road Fund of the State treasury except as
24    otherwise provided in Section 12 of this Act. Whenever any
25    application to the Secretary for an identification card
26    under this Act is accompanied by any fee, as required by

 

 

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1    law, and the application is denied after a review of
2    eligibility, which may include facial recognition
3    comparison, the applicant shall not be entitled to a
4    refund of any fees paid.
5        8. Beginning July 1, 2017, he shall refuse to issue a
6    REAL ID compliant identification card under this Act to
7    any person who has been issued a REAL ID compliant
8    driver's license under the Illinois Vehicle Code. Any such
9    person may, at his or her discretion, surrender the REAL
10    ID compliant driver's license in order to become eligible
11    to obtain a REAL ID compliant identification card.
12        9. The Secretary may issue both REAL ID compliant
13    identification cards and standard non-compliant
14    identification cards, and may permit applicants to
15    designate which type of identification card they wish to
16    receive. All provisions of this Act applicable to standard
17    non-compliant identification cards shall also apply to
18    REAL ID compliant identification cards, except where the
19    provisions are inconsistent with the REAL ID Act and
20    implementing regulations. The Secretary shall establish by
21    rule the date on which issuance of REAL ID compliant
22    identification cards will begin.
23(Source: P.A. 99-143, eff. 7-27-15; 99-305, eff. 1-1-16;
2499-511, eff. 1-1-17; 99-642, eff. 7-28-16; 100-248, eff.
258-22-17.)
 

 

 

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1    (15 ILCS 335/4)  (from Ch. 124, par. 24)
2    Sec. 4. Identification card.
3    (a) The Secretary of State shall issue a standard Illinois
4Identification Card to any natural person who is a resident of
5the State of Illinois who applies for such card, or renewal
6thereof. No identification card shall be issued to any person
7who holds a valid foreign state identification card, license,
8or permit unless the person first surrenders to the Secretary
9of State the valid foreign state identification card, license,
10or permit. The card shall be prepared and supplied by the
11Secretary of State and shall include a photograph and
12signature or mark of the applicant. However, the Secretary of
13State may provide by rule for the issuance of Illinois
14Identification Cards without photographs if the applicant has
15a bona fide religious objection to being photographed or to
16the display of his or her photograph. The Illinois
17Identification Card may be used for identification purposes in
18any lawful situation only by the person to whom it was issued.
19As used in this Act, "photograph" means any color photograph
20or digitally produced and captured image of an applicant for
21an identification card. As used in this Act, "signature" means
22the name of a person as written by that person and captured in
23a manner acceptable to the Secretary of State.
24    (a-5) If an applicant for an identification card has a
25current driver's license or instruction permit issued by the
26Secretary of State, the Secretary may require the applicant to

 

 

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

 

 

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

 

 

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

 

 

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1Illinois Identification Card to a person upon conditional
2release or absolute discharge from the custody of the
3Department of Human Services, if the person presents a
4certified copy of his or her birth certificate, social
5security card, if the person has a social security number, or
6other documents authorized by the Secretary, and a document
7proving his or her Illinois residence address. The Secretary
8of State shall issue a standard Illinois Identification Card
9to a person prior to his or her conditional release or absolute
10discharge if personnel from the Department of Human Services
11bring the person to a Secretary of State location with the
12required documents. Documents proving residence address may
13include any official document of the Department of Human
14Services showing the person's address after release and a
15Secretary of State prescribed verification form, which may be
16executed by personnel of the Department of Human Services.
17    (a-35) The Secretary of State shall issue a limited-term
18Illinois Identification Card valid for 90 days to a person
19upon conditional release or absolute discharge from the
20custody of the Department of Human Services, if the person is
21unable to present a certified copy of his or her birth
22certificate and social security card, if the person has a
23social security number, or other documents authorized by the
24Secretary, but does present a Secretary of State prescribed
25verification form completed by the Department of Human
26Services, verifying the person's date of birth and social

 

 

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

 

 

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1no fee to issue such card. The card shall be prepared and
2supplied by the Secretary of State, and shall include a
3photograph and signature or mark of the applicant, a
4designation indicating that the card is an Illinois Person
5with a Disability Identification Card, and shall include a
6comprehensible designation of the type and classification of
7the applicant's disability as set out in Section 4A of this
8Act. However, the Secretary of State may provide by rule for
9the issuance of Illinois Person with a Disability
10Identification Cards without photographs if the applicant has
11a bona fide religious objection to being photographed or to
12the display of his or her photograph. If the applicant so
13requests, the card shall include a description of the
14applicant's disability and any information about the
15applicant's disability or medical history which the Secretary
16determines would be helpful to the applicant in securing
17emergency medical care. If a mark is used in lieu of a
18signature, such mark shall be affixed to the card in the
19presence of two witnesses who attest to the authenticity of
20the mark. The Illinois Person with a Disability Identification
21Card may be used for identification purposes in any lawful
22situation by the person to whom it was issued.
23    The Illinois Person with a Disability Identification Card
24may be used as adequate documentation of disability in lieu of
25a physician's determination of disability, a determination of
26disability from a physician assistant, a determination of

 

 

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

 

 

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

 

 

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

 

 

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1specify, that shall indicate in appropriate language that the
2card holder has renewed his or her Illinois Identification
3Card or Illinois Person with a Disability Identification Card.
4(Source: P.A. 102-299, eff. 8-6-21.)
 
5    (15 ILCS 335/4D)
6    Sec. 4D. Issuance of confidential identification cards.
7    (a) Requirements for use of confidential identification
8cards. Confidential identification cards may be issued to
9local, state, and federal government agencies for bona fide
10law enforcement purposes. The identification cards may be
11issued in fictitious names and addresses, and may be used only
12in confidential, investigative, or undercover law enforcement
13operations. Confidential identification cards may be issued as
14REAL ID compliant or standard non-compliant identification
15cards.
16    (b) Application procedures for confidential identification
17cards:
18        (1) Applications by local, state, and federal
19    government agencies for confidential identification cards
20    must be made to the Secretary of State Police Department
21    on a form and in a manner prescribed by the Secretary of
22    State Police Department.
23        (2) The application form must include information, as
24    specific as possible without compromising investigations
25    or techniques, setting forth the need for the

 

 

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1    identification cards and the uses to which the
2    identification cards will be limited.
3        (3) The application form must be signed and verified
4    by the local, state, or federal government agency head or
5    designee.
6        (4) Information maintained by the Secretary of State
7    Police Department for confidential identification cards
8    must show the fictitious names and addresses on all
9    records subject to public disclosure. All other
10    information concerning these confidential identification
11    cards are exempt from disclosure unless the disclosure is
12    ordered by a court of competent jurisdiction.
13    (c) Cancellation procedures for confidential
14identification cards:
15        (1) The Secretary of State Police Department may
16    cancel or refuse to renew confidential identification
17    cards when they have reasonable cause to believe the cards
18    are being used for purposes other than those set forth in
19    the application form or authorized by this Section.
20        (2) A government agency must request cancellation of
21    confidential identification cards that are no longer
22    required for the purposes for which they were issued.
23        (3) Upon the request of the Secretary of State Police
24    Department, all cancelled confidential identification
25    cards must be promptly returned to the Secretary of State
26    Police Department by the government agency to which they

 

 

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1    were issued.
2(Source: P.A. 100-248, eff. 8-22-17.)
 
3    (15 ILCS 335/5)  (from Ch. 124, par. 25)
4    Sec. 5. Applications.
5    (a) Any natural person who is a resident of the State of
6Illinois may file an application for an identification card,
7or for the renewal thereof, in a manner prescribed by the
8Secretary. Each original application shall be completed by the
9applicant in full and shall set forth the legal name,
10residence address and zip code, social security number, if the
11person has a social security number, birth date, sex and a
12brief description of the applicant. The applicant shall be
13photographed, unless the Secretary of State has provided by
14rule for the issuance of identification cards without
15photographs and the applicant is deemed eligible for an
16identification card without a photograph under the terms and
17conditions imposed by the Secretary of State, and he or she
18shall also submit any other information as the Secretary may
19deem necessary or such documentation as the Secretary may
20require to determine the identity of the applicant. In
21addition to the residence address, the Secretary may allow the
22applicant to provide a mailing address. If the applicant is a
23judicial officer as defined in Section 1-10 of the Judicial
24Privacy Act or a peace officer, the applicant may elect to have
25his or her office or work address in lieu of the applicant's

 

 

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1residence or mailing address. An applicant for an Illinois
2Person with a Disability Identification Card must also submit
3with each original or renewal application, on forms prescribed
4by the Secretary, such documentation as the Secretary may
5require, establishing that the applicant is a "person with a
6disability" as defined in Section 4A of this Act, and setting
7forth the applicant's type and class of disability as set
8forth in Section 4A of this Act. For the purposes of this
9subsection (a), "peace officer" means any person who by virtue
10of his or her office or public employment is vested by law with
11a duty to maintain public order or to make arrests for a
12violation of any penal statute of this State, whether that
13duty extends to all violations or is limited to specific
14violations.
15    (a-5) Upon the first issuance of a request for proposals
16for a digital driver's license and identification card
17issuance and facial recognition system issued after January 1,
182020 (the effective date of Public Act 101-513), and upon
19implementation of a new or revised system procured pursuant to
20that request for proposals, the Secretary shall permit
21applicants to choose between "male", "female", or "non-binary"
22when designating the applicant's sex on the identification
23card application form. The sex designated by the applicant
24shall be displayed on the identification card issued to the
25applicant.
26    (b) Beginning on or before July 1, 2015, for each original

 

 

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

 

 

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1veteran status, the Department shall inform the Secretary, who
2shall notify the applicant that he or she must confirm status
3as a veteran, or the identification card will be cancelled.
4    For purposes of this subsection (b):
5    "Armed forces" means any of the Armed Forces of the United
6States, including a member of any reserve component or
7National Guard unit.
8    "Veteran" means a person who has served in the armed
9forces and was discharged or separated under honorable
10conditions.
11    (c) All applicants for REAL ID compliant standard Illinois
12Identification Cards and Illinois Person with a Disability
13Identification Cards shall provide proof of lawful status in
14the United States as defined in 6 CFR 37.3, as amended.
15Applicants who are unable to provide the Secretary with proof
16of lawful status are ineligible for REAL ID compliant
17identification cards under this Act.
18    (d) The Secretary of State may accept, as proof of date of
19birth and written signature for any applicant for a standard
20identification card who does not have a social security number
21or documentation issued by the United States Department of
22Homeland Security authorizing the applicant's presence in this
23country, any passport validly issued to the applicant from the
24applicant's country of citizenship or a consular
25identification document validly issued to the applicant by a
26consulate of that country as defined in Section 5 of the

 

 

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1Consular Identification Document Act. Any such documents must
2be either unexpired or presented by an applicant within 2
3years of its expiration date.
4(Source: P.A. 101-106, eff. 1-1-20; 101-287, eff. 8-9-19;
5101-513, eff. 1-1-20; 102-558, eff. 8-20-21.)
 
6    (15 ILCS 335/11)  (from Ch. 124, par. 31)
7    Sec. 11. Records.
8    (a) The Secretary may make a search of his records and
9furnish information as to whether a person has a current
10Standard Illinois Identification Card or an Illinois Person
11with a Disability Identification Card then on file, upon
12receipt of a written application therefor accompanied with the
13prescribed fee. However, the Secretary may not disclose
14medical information concerning an individual to any person,
15public agency, private agency, corporation or governmental
16body unless the individual has submitted a written request for
17the information or unless the individual has given prior
18written consent for the release of the information to a
19specific person or entity. This exception shall not apply to:
20(1) offices and employees of the Secretary who have a need to
21know the medical information in performance of their official
22duties, or (2) orders of a court of competent jurisdiction.
23When medical information is disclosed by the Secretary in
24accordance with the provisions of this Section, no liability
25shall rest with the Office of the Secretary of State as the

 

 

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1information is released for informational purposes only.
2    (b) Except as otherwise provided in this Section, the
3Secretary may release personally identifying information only
4to:
5        (1) officers and employees of the Secretary who have a
6    need to know that information for issuance of driver's
7    licenses, permits, or identification cards and
8    investigation of fraud or misconduct;
9        (2) other governmental agencies for use in their
10    official governmental functions;
11        (3) law enforcement agencies for a criminal or civil
12    investigation, except as restricted by subsections (g) and
13    (h);
14        (3-5) the State Board of Elections as may be required
15    by an agreement the State Board of Elections has entered
16    into with a multi-state voter registration list
17    maintenance system; or
18        (4) any entity that the Secretary has authorized, by
19    rule.
20    (c) Except as otherwise provided in this Section, the
21Secretary may release highly restricted personal information
22only to:
23        (1) officers and employees of the Secretary who have a
24    need to access the information for the issuance of
25    driver's licenses, permits, or identification cards and
26    investigation of fraud or misconduct;

 

 

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1        (2) law enforcement officials for a criminal or civil
2    law enforcement investigation, except as restricted by
3    subsections (g) and (h);
4        (3) the State Board of Elections for the purpose of
5    providing the signature for completion of voter
6    registration; or
7        (4) any other entity the Secretary has authorized by
8    rule.
9    (d) Documents required to be submitted with an application
10for an identification card to prove the applicant's identity
11(name and date of birth), social security number or lack of a
12social security number, written signature, residency, and, as
13applicable, citizenship and immigration proof of lawful status
14and country of citizenship shall be confidential and shall not
15be disclosed except to the following persons:
16        (1) the individual to whom the identification card was
17    issued, upon written request;
18        (2) officers and employees of the Secretary of State
19    who have a need to have access to the stored images for
20    purposes of issuing and controlling driver's licenses,
21    permits, or identification cards and investigation of
22    fraud or misconduct;
23        (3) law enforcement officials for a civil or criminal
24    law enforcement investigation, except as restricted by
25    subsections (g) and (h);
26        (4) other entities that the Secretary may authorize by

 

 

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1    rule.
2    (e) The Secretary may not disclose an individual's social
3security number or any associated information obtained from
4the Social Security Administration without the written request
5or consent of the individual except: (i) to officers and
6employees of the Secretary who have a need to know the social
7security number in the performance of their official duties;
8(ii) except as restricted by subsections (g) and (h) to law
9enforcement officials for a civil or criminal law enforcement
10investigation if an officer of the law enforcement agency has
11made a written request to the Secretary specifying the law
12enforcement investigation for which the social security number
13is being sought; (iii) under a lawful court order signed by a
14judge; (iv) to the Illinois Department of Veterans' Affairs
15for the purpose of confirming veteran status to agencies in
16other states responsible for the issuance of state
17identification cards for participation in State-to-State
18verification service; or (v) the last 4 digits to the Illinois
19State Board of Elections for purposes of voter registration
20and as may be required pursuant to an agreement for a
21multi-state voter registration list maintenance system. The
22Secretary retains the right to require additional verification
23regarding the validity of a request from law enforcement. If
24social security information is disclosed by the Secretary in
25accordance with this Section, no liability shall rest with the
26Office of the Secretary of State or any of its officers or

 

 

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1employees, as the information is released for official
2purposes only.
3    (f) The Secretary of State shall not provide facial
4recognition search services or photographs obtained in the
5process of issuing an identification card to any federal,
6State, or local law enforcement agency or other governmental
7entity for the purpose of enforcing federal immigration laws.
8This subsection shall not apply to requests from federal,
9State, or local law enforcement agencies or other governmental
10entities for facial recognition search services or photographs
11obtained in the process of issuing a driver's license or
12permit when the purpose of the request relates to criminal
13activity other than violations of immigration laws.
14    (g) Notwithstanding any other provision of law, the
15Secretary may not release highly restricted personal
16information or personally identifying information or disclose
17documents described in subsection (d) to any immigration
18agent, as defined in Section 10 of the Illinois TRUST Act,
19unless necessary to comply with the following, to the extent
20that production of such information or documents is
21specifically required:
22        (1) a lawful court order;
23        (2) a judicial warrant signed by a judge appointed
24    pursuant to Article III of the Constitution of the United
25    States; or
26        (3) a subpoena for individual records issued by a

 

 

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1    federal or State court.
2    When responding to such a court order, warrant, or
3subpoena, the Secretary shall disclose only those documents or
4information specifically requested. Within 3 business days of
5receiving such a court order, warrant, or subpoena, the
6Secretary shall send a notification to the individual about
7whom such information was requested that a court order,
8warrant, or subpoena was received and the identity of the
9entity that presented the court order, warrant, or subpoena.
10    (h) The Secretary shall not enter into or maintain any
11agreement regarding the sharing of any highly restricted
12personal information or personally identifying information or
13documents described in subsection (d) unless all other parties
14to such agreement certify that the information obtained will
15not be used for civil immigration purposes or knowingly
16disseminated to any third party for any purpose related to
17civil immigration enforcement.
18(Source: P.A. 101-326, eff. 8-9-19; 102-354, eff. 8-13-21.)
 
19    Section 20. The Illinois Vehicle Code is amended by
20changing Sections 6-100, 6-100.5, 6-105.1, 6-106, 6-110.1,
216-110.2, 6-121, and 6-122 and by adding Section 6-110.3 as
22follows:
 
23    (625 ILCS 5/6-100)  (from Ch. 95 1/2, par. 6-100)
24    Sec. 6-100. Definitions. For the purposes of this Chapter,

 

 

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1the following words shall have the meanings ascribed to them:
2    (a) Application Process. The process of obtaining a
3driver's license, identification card, or permit. The process
4begins when a person enters a Secretary of State Driver
5Services facility and requests a driver's license,
6identification card or permit.
7    (b) Conviction. A final adjudication of guilty by a court
8of competent jurisdiction either after a bench trial, trial by
9jury, plea of guilty, order of forfeiture, or default.
10    (c) Identification Card. A document made or issued by or
11under the authority of the United States Government, the State
12of Illinois or any other state or political subdivision
13thereof, or any governmental or quasi-governmental
14organization that, when completed with information concerning
15the individual, is of a type intended or commonly accepted for
16the purpose of identifying the individual.
17    (d) Standard Non-compliant driver's license. A driver's
18license issued in a manner which is not compliant with the REAL
19ID Act and implementing regulations. Standard Non-compliant
20driver's licenses shall be marked "Federal Limits Apply" "Not
21for Federal Identification" and shall have a color or design
22different from the REAL ID compliant driver's license.
23    (e) REAL ID compliant driver's license. A driver's license
24issued in compliance with the REAL ID Act and implementing
25regulations. REAL ID compliant driver's licenses shall bear a
26security marking approved by the United States Department of

 

 

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1Homeland Security.
2    (f) Limited Term REAL ID compliant driver's license. A
3REAL ID compliant driver's license issued to a person who is
4not a permanent resident or citizen of the United States, or an
5individual who has an approved application for asylum in the
6United States or has entered the United States in refugee
7status, and marked "Limited Term" on the face of the license.
8(Source: P.A. 100-248, eff. 8-22-17.)
 
9    (625 ILCS 5/6-100.5)
10    Sec. 6-100.5. Issuance of REAL ID compliant and standard
11non-compliant driver's licenses. The Secretary of State may
12issue both REAL ID compliant driver's licenses and standard
13non-compliant driver's licenses, and may permit applicants to
14designate which type of driver's license they wish to receive.
15All provisions of this Code applicable to standard
16non-compliant driver's licenses shall also apply to REAL ID
17compliant driver's licenses, except where the provisions are
18inconsistent with the REAL ID Act and implementing
19regulations. The Secretary shall establish by rule the date on
20which issuance of REAL ID compliant driver's licenses will
21begin.
22(Source: P.A. 100-248, eff. 8-22-17.)
 
23    (625 ILCS 5/6-105.1)
24    Sec. 6-105.1. Temporary visitor's driver's license.

 

 

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1    (a) The Secretary of State may issue a temporary visitor's
2driver's license to a foreign national who (i) resides in this
3State, (ii) is ineligible to obtain a social security number,
4and (iii) presents to the Secretary documentation, issued by
5United States Citizenship and Immigration Services,
6authorizing the person's presence in this country.
7    (a-5) The Secretary of State may issue a temporary
8visitor's driver's license to an applicant who (i) has resided
9in this State for a period in excess of one year, (ii) is
10ineligible to obtain a social security number, and (iii) is
11unable to present documentation issued by the United States
12Citizenship and Immigration Services authorizing the person's
13presence in this country. The applicant shall submit a valid
14unexpired passport from the applicant's country of citizenship
15or a valid unexpired consular identification document issued
16by a consulate of that country as defined in Section 5 of the
17Consular Identification Document Act (5 ILCS 230/5).
18    (a-10) Applicants for a temporary visitor's driver's
19license who are under 18 years of age at the time of
20application shall be subject to the provisions of Sections
216-107 and 6-108 of this Code.
22    (b) A temporary visitor's driver's license issued under
23subsection (a) is valid for 3 years, or for the period of time
24the individual is authorized to remain in this country,
25whichever ends sooner. A temporary visitor's driver's license
26issued under subsection (a-5) shall be valid for a period of 3

 

 

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1years.
2    (b-5) A temporary visitor's driver's license issued under
3this Section may not be accepted for proof of the holder's
4identity. A temporary visitor's driver's license issued under
5this Section shall contain a notice on its face, in
6capitalized letters, stating that the temporary visitor's
7driver's license may not be accepted for proof of identity.
8    (c) The Secretary shall adopt rules for implementing this
9Section, including rules:
10        (1) regarding the design and content of the temporary
11    visitor's driver's license;
12        (2) establishing criteria for proof of identification
13    and residency of an individual applying under subsection
14    (a-5);
15        (3) designating acceptable evidence that an applicant
16    is not eligible for a social security number; and
17        (4) regarding the issuance of temporary visitor's
18    instruction permits.
19    (d) Any person to whom the Secretary of State may issue a
20temporary visitor's driver's license shall be subject to any
21and all provisions of this Code and any and all implementing
22regulations issued by the Secretary of State to the same
23extent as any person issued a driver's license, unless
24otherwise provided in this Code or by administrative rule,
25including but not limited to the examination requirements in
26Section 6-109 as well as the mandatory insurance requirements

 

 

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1and penalties set forth in Article VI of Chapter 7 of this
2Code.
3    (d-5) A temporary visitor's driver's license is invalid if
4the holder is unable to provide proof of liability insurance
5as required by Section 7-601 of this Code upon the request of a
6law enforcement officer, in which case the holder commits a
7violation of Section 6-101 of this Code.
8    (e) Temporary visitor's driver's licenses shall be issued
9from a central location after the Secretary of State has
10verified the information provided by the applicant.
11    (f) There is created in the State treasury a special fund
12to be known as the Driver Services Administration Fund. All
13fees collected for the issuance of temporary visitor's
14driver's licenses shall be deposited into the Fund. These
15funds shall, subject to appropriation, be used by the Office
16of the Secretary of State for costs related to the issuance of
17temporary visitor's driver's licenses, and other operational
18costs, including personnel, facilities, computer programming,
19and data transmission.
20    (g) No temporary visitor's driver's licenses shall be
21issued after the effective date of this amendatory Act of the
22103rd General Assembly.
23(Source: P.A. 97-1157, eff. 11-28-13.)
 
24    (625 ILCS 5/6-106)  (from Ch. 95 1/2, par. 6-106)
25    Sec. 6-106. Application for license or instruction permit.

 

 

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1    (a) Every application for any permit or license authorized
2to be issued under this Code shall be made upon a form
3furnished by the Secretary of State. Every application shall
4be accompanied by the proper fee and payment of such fee shall
5entitle the applicant to not more than 3 attempts to pass the
6examination within a period of one year after the date of
7application.
8    (b) Every application shall state the legal name, social
9security number, zip code, date of birth, sex, and residence
10address of the applicant; briefly describe the applicant;
11state whether the applicant has theretofore been licensed as a
12driver, and, if so, when and by what state or country, and
13whether any such license has ever been cancelled, suspended,
14revoked or refused, and, if so, the date and reason for such
15cancellation, suspension, revocation or refusal; shall include
16an affirmation by the applicant that all information set forth
17is true and correct; and shall bear the applicant's signature.
18In addition to the residence address, the Secretary may allow
19the applicant to provide a mailing address. In the case of an
20applicant who is a judicial officer or peace officer, the
21Secretary may allow the applicant to provide an office or work
22address in lieu of a residence or mailing address. The
23application form may also require the statement of such
24additional relevant information as the Secretary of State
25shall deem necessary to determine the applicant's competency
26and eligibility. The Secretary of State may, in his

 

 

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1discretion, by rule or regulation, provide that an application
2for a drivers license or permit may include a suitable
3photograph of the applicant in the form prescribed by the
4Secretary, and he may further provide that each drivers
5license shall include a photograph of the driver. The
6Secretary of State may utilize a photograph process or system
7most suitable to deter alteration or improper reproduction of
8a drivers license and to prevent substitution of another photo
9thereon. For the purposes of this subsection (b), "peace
10officer" means any person who by virtue of his or her office or
11public employment is vested by law with a duty to maintain
12public order or to make arrests for a violation of any penal
13statute of this State, whether that duty extends to all
14violations or is limited to specific violations.
15    (b-1) Every application shall state the social security
16number of the applicant; except if the applicant is applying
17for a standard driver's license and, on the date of
18application, is ineligible for a social security number, then:
19        (1) if the applicant has documentation, issued by the
20    United States Department of Homeland Security, authorizing
21    the applicant's presence in this country, the applicant
22    shall provide such documentation instead of a social
23    security number; and
24        (2) if the applicant does not have documentation
25    described in paragraph (1), the applicant shall provide,
26    instead of a social security number, the following:

 

 

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1            (A) documentation establishing that the applicant
2        has resided in this State for a period in excess of one
3        year;
4            (B) a passport validly issued to the applicant
5        from the applicant's country of citizenship or a
6        consular identification document validly issued to the
7        applicant by a consulate of that country as defined in
8        Section 5 of the Consular Identification Document Act,
9        as long as such documents are either unexpired or
10        presented by an applicant within 2 years of its
11        expiration date; and
12            (C) a social security card, if the applicant has a
13        social security number.
14    (b-3) Upon the first issuance of a request for proposals
15for a digital driver's license and identification card
16issuance and facial recognition system issued after January 1,
172020 (the effective date of Public Act 101-513), and upon
18implementation of a new or revised system procured pursuant to
19that request for proposals, the Secretary shall permit
20applicants to choose between "male", "female" or "non-binary"
21when designating the applicant's sex on the driver's license
22application form. The sex designated by the applicant shall be
23displayed on the driver's license issued to the applicant.
24    (b-5) Every applicant for a REAL ID compliant driver's
25license or permit shall provide proof of lawful status in the
26United States as defined in 6 CFR 37.3, as amended. Applicants

 

 

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1who are unable to provide the Secretary with proof of lawful
2status may apply for a driver's license or permit under
3Section 6-105.1 of this Code.
4    (c) The application form shall include a notice to the
5applicant of the registration obligations of sex offenders
6under the Sex Offender Registration Act. The notice shall be
7provided in a form and manner prescribed by the Secretary of
8State. For purposes of this subsection (c), "sex offender" has
9the meaning ascribed to it in Section 2 of the Sex Offender
10Registration Act.
11    (d) Any male United States citizen or immigrant who
12applies for any permit or license authorized to be issued
13under this Code or for a renewal of any permit or license, and
14who is at least 18 years of age but less than 26 years of age,
15must be registered in compliance with the requirements of the
16federal Military Selective Service Act. The Secretary of State
17must forward in an electronic format the necessary personal
18information regarding the applicants identified in this
19subsection (d) to the Selective Service System. The
20applicant's signature on the application serves as an
21indication that the applicant either has already registered
22with the Selective Service System or that he is authorizing
23the Secretary to forward to the Selective Service System the
24necessary information for registration. The Secretary must
25notify the applicant at the time of application that his
26signature constitutes consent to registration with the

 

 

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

 

 

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1applicant is a veteran. If after due diligence, including
2writing to the applicant at the address provided by the
3Secretary, the Department is unable to verify the applicant's
4veteran status, the Department shall inform the Secretary, who
5shall notify the applicant that he or she must confirm status
6as a veteran, or the driver's license will be cancelled.
7    For purposes of this subsection (e):
8    "Armed forces" means any of the Armed Forces of the United
9States, including a member of any reserve component or
10National Guard unit.
11    "Veteran" means a person who has served in the armed
12forces and was discharged or separated under honorable
13conditions.
14(Source: P.A. 101-106, eff. 1-1-20; 101-287, eff. 8-9-19;
15101-513, eff. 1-1-20; 102-558, eff. 8-20-21.)
 
16    (625 ILCS 5/6-110.1)
17    Sec. 6-110.1. Confidentiality of captured photographs or
18images.
19    (a) The Secretary of State shall maintain a file on or
20contract to file all photographs and signatures obtained in
21the process of issuing a driver's license, permit, or
22identification card. Except as otherwise provided in this
23Section, the photographs and signatures shall be confidential
24and shall not be disclosed except to the following persons:
25        (1) the individual to whom the driver's license or

 

 

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1    permit was issued, upon written request;
2        (2) officers and employees of the Secretary of State
3    who have a need to have access to the stored images for
4    purposes of issuing and controlling driver's licenses,
5    permits, or identification cards and investigation of
6    fraud or misconduct;
7        (3) law enforcement officials for a civil or criminal
8    law enforcement investigation, except as restricted by
9    section 6-110.3;
10        (3-5) the State Board of Elections for the sole
11    purpose of providing the signatures required by a local
12    election authority to register a voter through an online
13    voter registration system;
14        (3-10) officers and employees of the Secretary of
15    State who have a need to have access to the stored images
16    for purposes of issuing and controlling notary public
17    commissions and for the purpose of providing the
18    signatures required to process online applications for
19    appointment and commission as notaries public; or
20        (4) other entities that the Secretary may authorize by
21    rule.
22    (b) The Secretary of State shall not provide facial
23recognition search services or photographs obtained in the
24process of issuing a driver's license or permit to any
25federal, State, or local law enforcement agency or other
26governmental entity for the purpose of enforcing federal

 

 

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1immigration laws. This subsection shall not apply to requests
2from federal, State, or local law enforcement agencies or
3other governmental entities for facial recognition search
4services or photographs obtained in the process of issuing a
5driver's license or permit when the purpose of the request
6relates to criminal activity other than violations of
7immigration laws.
8(Source: P.A. 101-326, eff. 8-9-19; 102-354, eff. 8-13-21.)
 
9    (625 ILCS 5/6-110.2)
10    Sec. 6-110.2. Confidentiality of documents submitted with
11an application for a driver's license. Documents required to
12be submitted with an application for a driver's license to
13prove the applicant's identity (name and date of birth),
14social security number or lack of a social security number,
15written signature, residency, and, as applicable, citizenship
16or immigration proof of lawful status and country of
17citizenship shall be confidential and shall not be disclosed
18except to the following persons:
19        (1) the individual to whom the driver's license or
20    permit was issued, upon written request;
21        (2) officers and employees of the Secretary of State
22    who have a need to have access to the stored images for
23    purposes of issuing and controlling driver's licenses,
24    permits, or identification cards and investigation of
25    fraud or misconduct;

 

 

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1        (3) law enforcement officials for a civil or criminal
2    law enforcement investigation, except as restricted by
3    Section 6-110.3;
4        (4) other entities that the Secretary may authorize by
5    rule.
6(Source: P.A. 101-326, eff. 8-9-19.)
 
7    (625 ILCS 5/6-110.3 new)
8    Sec. 6-110.3. Restrictions on use of information for
9certain purposes.
10    (a) Notwithstanding any other provision of law, the
11Secretary may not release or make accessible in any manner any
12highly restricted personal information as defined in Section
131-125.9 or personally identifying information as defined in
14Section 1-159.2, provide images, photos, or facial recognition
15services as described in Section 6-110.1, or disclose
16documents as described in Section 6-110.2 to any immigration
17agent as defined in Section 10 of the Illinois TRUST Act,
18unless necessary to comply with the following, to the extent
19that production of such information or documents is
20specifically required:
21        (1) a lawful court order;
22        (2) a judicial warrant signed by a judge appointed
23    pursuant to Article III of the Constitution of the United
24    States; or
25        (3) a subpoena for individual records issued by a

 

 

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1    federal or State court.
2    When responding to such a court order, warrant, or
3subpoena, the Secretary shall disclose only those documents or
4information specifically requested. Within 3 business days of
5receiving such a court order, warrant, or subpoena, the
6Secretary shall send a notification to the individual about
7whom such information was requested that a court order,
8warrant, or subpoena was received and the identity of the
9entity that presented the court order, warrant, or subpoena.
10    (b) The Secretary shall not enter into or maintain any
11agreement regarding the sharing of any highly restricted
12personal information as defined in Section 1-125.9, personally
13identifying information as defined in Section 1-159.2, images
14or photos described in Section 6-110.1, or documents described
15in Section 6-110.2 unless all other parties to such agreement
16certify that the information obtained will not be used for
17civil immigration purposes or knowingly disseminated to any
18third party for any purpose related to civil immigration
19enforcement.
 
20    (625 ILCS 5/6-121)
21    Sec. 6-121. Issuance of confidential drivers' licenses.
22    (a) Requirements for use of confidential drivers'
23licenses. Confidential drivers' licenses may be issued to
24local, state, and federal government agencies for bona fide
25law enforcement purposes. The drivers' licenses may be issued

 

 

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1with fictitious names and addresses, and may be used only for
2confidential, investigative, or undercover law enforcement
3operations. Confidential drivers' licenses may be issued as
4REAL ID compliant or standard non-compliant driver's licenses.
5    (b) Application procedures for confidential drivers'
6licenses:
7        (1) Applications by local, state, and federal
8    government agencies for confidential drivers' licenses
9    must be made to the Secretary of State Police Department
10    on a form and in a manner prescribed by the Secretary of
11    State Police Department.
12        (2) The application form must include information, as
13    specific as possible without compromising investigations
14    or techniques, setting forth the need for the drivers'
15    licenses and the uses to which the licenses will be
16    limited.
17        (3) The application form must be signed and verified
18    by the local, state, or federal government agency head or
19    designee.
20        (4) Registration information maintained by the
21    Secretary of State Police Department for confidential
22    drivers' licenses must show the fictitious names and
23    addresses on all records subject to public disclosure. All
24    other information concerning these confidential drivers'
25    licenses are exempt from disclosure unless the disclosure
26    is ordered by a court of competent jurisdiction.

 

 

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1    (c) Revocation and cancellation procedures for
2confidential drivers' licenses:
3        (1) The Secretary of State Police Department may
4    revoke or refuse to renew confidential drivers' licenses
5    when they have reasonable cause to believe the licenses
6    are being used for purposes other than those set forth in
7    the application form or authorized by this Section.
8    Confidential drivers' licenses may also be revoked where
9    traffic violation citations have been issued to the driver
10    and subsequent investigation reveals that the issuance of
11    the citations was unrelated to the purposes for which the
12    confidential driver's license was issued. In such cases,
13    the citations and any resulting court orders, convictions,
14    supervisions or other sanctions must be treated by the
15    Secretary of State as though they were issued in relation
16    to the true driver's license of the individual to whom the
17    confidential driver's license was issued.
18        (2) A government agency must request cancellation of
19    confidential drivers' licenses that are no longer required
20    for the purposes for which they were issued.
21        (3) All revoked confidential drivers' licenses must be
22    promptly returned to the Secretary of State Police
23    Department by the government agency to which they were
24    issued.
25(Source: P.A. 100-248, eff. 8-22-17.)
 

 

 

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1    (625 ILCS 5/6-122)
2    Sec. 6-122. Expedited driver's license. The Secretary of
3State may provide for an expedited process for the issuance of
4a driver's license, excluding temporary visitor's driver's
5licenses. The Secretary shall charge an additional fee for the
6issuance of an expedited driver's license, to be set by rule,
7not to exceed $75. All fees collected by the Secretary for
8expedited driver's license service shall be deposited into the
9Secretary of State Special Services Fund. The Secretary may
10adopt rules regarding the eligibility, process, and fee for an
11expedited driver's license.
12(Source: P.A. 99-305, eff. 1-1-16.)
 
13    Section 99. Effective date. This Act takes effect July 1,
142024.

 

 

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1 INDEX
2 Statutes amended in order of appearance
3    5 ILCS 230/10
4    10 ILCS 5/1A-16.1
5    15 ILCS 335/1A
6    15 ILCS 335/2from Ch. 124, par. 22
7    15 ILCS 335/4from Ch. 124, par. 24
8    15 ILCS 335/4D
9    15 ILCS 335/5from Ch. 124, par. 25
10    15 ILCS 335/8from Ch. 124, par. 28
11    15 ILCS 335/11from Ch. 124, par. 31
12    625 ILCS 5/6-100from Ch. 95 1/2, par. 6-100
13    625 ILCS 5/6-100.5
14    625 ILCS 5/6-105.1
15    625 ILCS 5/6-106from Ch. 95 1/2, par. 6-106
16    625 ILCS 5/6-110.1
17    625 ILCS 5/6-110.2
18    625 ILCS 5/6-110.3 new
19    625 ILCS 5/6-115from Ch. 95 1/2, par. 6-115
20    625 ILCS 5/6-121
21    625 ILCS 5/6-122