| ||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||
1 | AN ACT concerning privacy.
| |||||||||||||||||||||||||||||||||
2 | Be it enacted by the People of the State of Illinois,
| |||||||||||||||||||||||||||||||||
3 | represented in the General Assembly:
| |||||||||||||||||||||||||||||||||
4 | Section 1. Short title. This Act may be cited as the Public | |||||||||||||||||||||||||||||||||
5 | Official Privacy Act. | |||||||||||||||||||||||||||||||||
6 | Section 3. Purpose. The purpose of this Act is to improve | |||||||||||||||||||||||||||||||||
7 | the safety and security of officials and their families in | |||||||||||||||||||||||||||||||||
8 | order to ensure that those officials are able to fulfill their | |||||||||||||||||||||||||||||||||
9 | duties efficiently and effectively without fear of general | |||||||||||||||||||||||||||||||||
10 | reprisal. | |||||||||||||||||||||||||||||||||
11 | This Act is not intended to restrain an official from | |||||||||||||||||||||||||||||||||
12 | independently choosing to make publicly available the | |||||||||||||||||||||||||||||||||
13 | official's personal information. Additionally, no government | |||||||||||||||||||||||||||||||||
14 | agency, person, business, or association has any obligation | |||||||||||||||||||||||||||||||||
15 | under this Act to protect the privacy of an official's | |||||||||||||||||||||||||||||||||
16 | personal information until the official makes a written | |||||||||||||||||||||||||||||||||
17 | request that the official's personal information not be | |||||||||||||||||||||||||||||||||
18 | publicly posted. | |||||||||||||||||||||||||||||||||
19 | Nothing in this Act shall be construed to impair free | |||||||||||||||||||||||||||||||||
20 | access to decisions and opinions expressed by officials in the | |||||||||||||||||||||||||||||||||
21 | course of carrying out their public functions. | |||||||||||||||||||||||||||||||||
22 | Section 5. Definitions. As used in this Act: |
| |||||||
| |||||||
1 | "Government agency", "personal information", "publicly | ||||||
2 | available content", and "publicly post" or "publicly display" | ||||||
3 | have the meanings given to those terms in 1-10 of Judicial | ||||||
4 | Privacy Act. | ||||||
5 | "Home address" includes an official's permanent residence | ||||||
6 | and any secondary residences affirmatively identified by the | ||||||
7 | official. "Home address" does not include an official's work | ||||||
8 | address. | ||||||
9 | "Immediate family" includes an official's spouse, child, | ||||||
10 | parent, or any blood relative of the official or the | ||||||
11 | official's spouse who lives in the same residence. | ||||||
12 | "Official" includes: | ||||||
13 | (1) any current or former United States Senator or any | ||||||
14 | current or former United States Representative; | ||||||
15 | (2) any current or former member of the Illinois | ||||||
16 | General Assembly; | ||||||
17 | (3) any current or former holder of an elected office | ||||||
18 | or elected position in the government of the State of | ||||||
19 | Illinois; | ||||||
20 | (4) any current or former holder of an elected office | ||||||
21 | or elected position in the government of a county of the | ||||||
22 | State of Illinois; and | ||||||
23 | (5) any current or former holder of an elected office | ||||||
24 | or elected position in the government of a municipality of | ||||||
25 | the State of Illinois. | ||||||
26 | "Written request" means written notice signed by an |
| |||||||
| |||||||
1 | official or a representative of the official's employer | ||||||
2 | requesting a government agency, person, business, or | ||||||
3 | association to refrain from posting or displaying publicly | ||||||
4 | available content that includes the official's personal | ||||||
5 | information. | ||||||
6 | Section 10. Publicly posting or displaying an official's | ||||||
7 | personal information by government agencies. | ||||||
8 | (a) Government agencies shall not publicly post or display | ||||||
9 | publicly available content that includes an official's | ||||||
10 | personal information, provided that the government agency has | ||||||
11 | received a written request in accordance with Section 20 that | ||||||
12 | it refrain from disclosing the official's personal | ||||||
13 | information. After a government agency has received a written | ||||||
14 | request, that agency shall remove the official's personal | ||||||
15 | information from publicly available content within 5 business | ||||||
16 | days. After the government agency has removed the official's | ||||||
17 | personal information from publicly available content, the | ||||||
18 | agency shall not publicly post or display the information, and | ||||||
19 | the official's personal information shall be exempt from the | ||||||
20 | Freedom of Information Act unless the government agency has | ||||||
21 | received consent from the official to make the personal | ||||||
22 | information available to the public. | ||||||
23 | (b) If a government agency fails to comply with a written | ||||||
24 | request to refrain from disclosing personal information, the | ||||||
25 | official may bring an action in the circuit court seeking |
| |||||||
| |||||||
1 | injunctive or declaratory relief. | ||||||
2 | Section 15. Publicly posting an official's personal | ||||||
3 | information on the Internet by persons, businesses, and | ||||||
4 | associations. | ||||||
5 | (a) A person, business, and association may not publicly | ||||||
6 | post or display on the Internet content that includes an | ||||||
7 | official's personal information if the official has made a | ||||||
8 | written request to the person, business, or association to | ||||||
9 | refrain from posting and disclosing the personal information. | ||||||
10 | As used in this subsection, "publicly post or display" | ||||||
11 | includes, but is not limited to, posting or disclosing on | ||||||
12 | Internet phone directories, Internet search engines, Internet | ||||||
13 | data aggregators, and websites. | ||||||
14 | (b) A person, business, or association that has received a | ||||||
15 | written request from an official to protect the privacy of the | ||||||
16 | officer's personal information: | ||||||
17 | (1) must remove the personal information from any | ||||||
18 | website or subsidiary website controlled by that person, | ||||||
19 | business, or association within 72 hours of receiving the | ||||||
20 | request; | ||||||
21 | (2) must ensure that the official's personal | ||||||
22 | information is not made available on any website or | ||||||
23 | subsidiary website controlled by that person, business, or | ||||||
24 | association; and | ||||||
25 | (3) may not transfer the official's personal |
| |||||||
| |||||||
1 | information to any other person, business, or association | ||||||
2 | through any medium. | ||||||
3 | (c) An official whose personal information is made public | ||||||
4 | as a result of a violation of this Section may bring an action | ||||||
5 | in the circuit court seeking injunctive or declaratory relief. | ||||||
6 | If the court grants
injunctive or declaratory relief, the | ||||||
7 | person, business, or association responsible for the violation | ||||||
8 | shall be required to pay the official's costs and reasonable | ||||||
9 | attorney's fees. | ||||||
10 | Section 20. Procedure for completing a written request.
| ||||||
11 | (a) No government agency, person, business, or association | ||||||
12 | shall be found to have violated any provision of this Act if | ||||||
13 | the official fails to submit a written request calling for the | ||||||
14 | protection of the official's personal information. | ||||||
15 | (b) A written request is valid under the following | ||||||
16 | circumstances: | ||||||
17 | (1) The official sends a written request directly to a | ||||||
18 | government agency, person, business, or association. | ||||||
19 | (2) If the Secretary of State creates a policy and | ||||||
20 | procedure for an official to file the written request with | ||||||
21 | the Secretary of State to notify government agencies, the | ||||||
22 | official may send the written request to the Secretary of | ||||||
23 | State as provided in the policy and procedure. In each | ||||||
24 | quarter of a calendar year, the Secretary of State shall | ||||||
25 | provide a list of all officials who have submitted a |
| |||||||
| |||||||
1 | written request to it to the appropriate officer with | ||||||
2 | ultimate supervisory authority for a government agency. | ||||||
3 | The officer shall promptly provide a copy of the list to | ||||||
4 | any and all government agencies under his or her | ||||||
5 | supervision. Receipt of the written request list compiled | ||||||
6 | by the Secretary of State by a government agency shall | ||||||
7 | constitute a written request to that agency for the | ||||||
8 | purposes of this Act. | ||||||
9 | (c) A representative from the official's employer may | ||||||
10 | submit a written request on the official's behalf, provided | ||||||
11 | that the official gives written consent to the representative | ||||||
12 | and provided that the representative agrees to furnish a copy | ||||||
13 | of that consent when a written request is made. The | ||||||
14 | representative shall submit the written request as provided in | ||||||
15 | subsection (b). | ||||||
16 | (d) An official's written request shall specify what | ||||||
17 | personal information shall be maintained private. | ||||||
18 | If an official wishes to identify a secondary residence as | ||||||
19 | a home address, the designation shall be made in the written | ||||||
20 | request. | ||||||
21 | An official shall disclose the identity of the officer's | ||||||
22 | immediate family and indicate that the personal information of | ||||||
23 | these family members shall also be excluded to the extent that | ||||||
24 | it could reasonably be expected to reveal the personal | ||||||
25 | information of the official. | ||||||
26 | (e) An official's written request is valid until the |
| |||||||
| |||||||
1 | official provides the government agency, person, business, or | ||||||
2 | association with written permission to release the private | ||||||
3 | information. An official's written request expires on death. | ||||||
4 | Section 25. Publication of personal information posing an | ||||||
5 | imminent and serious threat. | ||||||
6 | (a) It is unlawful for any person to knowingly and | ||||||
7 | publicly post on the Internet the personal information of an | ||||||
8 | official or of the official's immediate family if the person | ||||||
9 | knows or reasonably should know that publicly posting the | ||||||
10 | personal information poses an imminent and serious threat to | ||||||
11 | the health and safety of the official or the official's | ||||||
12 | immediate family and the violation is a proximate cause of | ||||||
13 | bodily injury or death of the official or a member of the | ||||||
14 | official's immediate family. | ||||||
15 | A person who violates this subsection is guilty of a Class | ||||||
16 | 3 felony. | ||||||
17 | (b) If an employee of a government agency has complied | ||||||
18 | with the provisions of this Act, it is not a violation of | ||||||
19 | subsection (a) if the employee publishes personal information, | ||||||
20 | in good faith, on the website of the government agency in the | ||||||
21 | ordinary course of carrying out the employee's public | ||||||
22 | functions. | ||||||
23 | Section 30. Construction. This Act and any rules adopted | ||||||
24 | to implement this Act shall be construed broadly to favor the |
| |||||||
| |||||||
1 | protection of the personal information of officials.
| ||||||
2 | Section 100. The Freedom of Information Act is amended by | ||||||
3 | changing Section 7.5 as follows:
| ||||||
4 | (5 ILCS 140/7.5)
| ||||||
5 | Sec. 7.5. Statutory exemptions. To the extent provided for | ||||||
6 | by the statutes referenced below, the following shall be | ||||||
7 | exempt from inspection and copying: | ||||||
8 | (a) All information determined to be confidential | ||||||
9 | under Section 4002 of the Technology Advancement and | ||||||
10 | Development Act. | ||||||
11 | (b) Library circulation and order records identifying | ||||||
12 | library users with specific materials under the Library | ||||||
13 | Records Confidentiality Act. | ||||||
14 | (c) Applications, related documents, and medical | ||||||
15 | records received by the Experimental Organ Transplantation | ||||||
16 | Procedures Board and any and all documents or other | ||||||
17 | records prepared by the Experimental Organ Transplantation | ||||||
18 | Procedures Board or its staff relating to applications it | ||||||
19 | has received. | ||||||
20 | (d) Information and records held by the Department of | ||||||
21 | Public Health and its authorized representatives relating | ||||||
22 | to known or suspected cases of sexually transmissible | ||||||
23 | disease or any information the disclosure of which is | ||||||
24 | restricted under the Illinois Sexually Transmissible |
| |||||||
| |||||||
1 | Disease Control Act. | ||||||
2 | (e) Information the disclosure of which is exempted | ||||||
3 | under Section 30 of the Radon Industry Licensing Act. | ||||||
4 | (f) Firm performance evaluations under Section 55 of | ||||||
5 | the Architectural, Engineering, and Land Surveying | ||||||
6 | Qualifications Based Selection Act. | ||||||
7 | (g) Information the disclosure of which is restricted | ||||||
8 | and exempted under Section 50 of the Illinois Prepaid | ||||||
9 | Tuition Act. | ||||||
10 | (h) Information the disclosure of which is exempted | ||||||
11 | under the State Officials and Employees Ethics Act, and | ||||||
12 | records of any lawfully created State or local inspector | ||||||
13 | general's office that would be exempt if created or | ||||||
14 | obtained by an Executive Inspector General's office under | ||||||
15 | that Act. | ||||||
16 | (i) Information contained in a local emergency energy | ||||||
17 | plan submitted to a municipality in accordance with a | ||||||
18 | local emergency energy plan ordinance that is adopted | ||||||
19 | under Section 11-21.5-5 of the Illinois Municipal Code. | ||||||
20 | (j) Information and data concerning the distribution | ||||||
21 | of surcharge moneys collected and remitted by carriers | ||||||
22 | under the Emergency Telephone System Act. | ||||||
23 | (k) Law enforcement officer identification information | ||||||
24 | or driver identification information compiled by a law | ||||||
25 | enforcement agency or the Department of Transportation | ||||||
26 | under Section 11-212 of the Illinois Vehicle Code. |
| |||||||
| |||||||
1 | (l) Records and information provided to a residential | ||||||
2 | health care facility resident sexual assault and death | ||||||
3 | review team or the Executive Council under the Abuse | ||||||
4 | Prevention Review Team Act. | ||||||
5 | (m) Information provided to the predatory lending | ||||||
6 | database created pursuant to Article 3 of the Residential | ||||||
7 | Real Property Disclosure Act, except to the extent | ||||||
8 | authorized under that Article. | ||||||
9 | (n) Defense budgets and petitions for certification of | ||||||
10 | compensation and expenses for court appointed trial | ||||||
11 | counsel as provided under Sections 10 and 15 of the | ||||||
12 | Capital Crimes Litigation Act. This subsection (n) shall | ||||||
13 | apply until the conclusion of the trial of the case, even | ||||||
14 | if the prosecution chooses not to pursue the death penalty | ||||||
15 | prior to trial or sentencing. | ||||||
16 | (o) Information that is prohibited from being | ||||||
17 | disclosed under Section 4 of the Illinois Health and | ||||||
18 | Hazardous Substances Registry Act. | ||||||
19 | (p) Security portions of system safety program plans, | ||||||
20 | investigation reports, surveys, schedules, lists, data, or | ||||||
21 | information compiled, collected, or prepared by or for the | ||||||
22 | Department of Transportation under Sections 2705-300 and | ||||||
23 | 2705-616 of the Department of Transportation Law of the | ||||||
24 | Civil Administrative Code of Illinois, the Regional | ||||||
25 | Transportation Authority under Section 2.11 of the | ||||||
26 | Regional Transportation Authority Act, or the St. Clair |
| |||||||
| |||||||
1 | County Transit District under the Bi-State Transit Safety | ||||||
2 | Act. | ||||||
3 | (q) Information prohibited from being disclosed by the | ||||||
4 | Personnel Record Review Act. | ||||||
5 | (r) Information prohibited from being disclosed by the | ||||||
6 | Illinois School Student Records Act. | ||||||
7 | (s) Information the disclosure of which is restricted | ||||||
8 | under Section 5-108 of the Public Utilities Act.
| ||||||
9 | (t) All identified or deidentified health information | ||||||
10 | in the form of health data or medical records contained | ||||||
11 | in, stored in, submitted to, transferred by, or released | ||||||
12 | from the Illinois Health Information Exchange, and | ||||||
13 | identified or deidentified health information in the form | ||||||
14 | of health data and medical records of the Illinois Health | ||||||
15 | Information Exchange in the possession of the Illinois | ||||||
16 | Health Information Exchange Office due to its | ||||||
17 | administration of the Illinois Health Information | ||||||
18 | Exchange. The terms "identified" and "deidentified" shall | ||||||
19 | be given the same meaning as in the Health Insurance | ||||||
20 | Portability and Accountability Act of 1996, Public Law | ||||||
21 | 104-191, or any subsequent amendments thereto, and any | ||||||
22 | regulations promulgated thereunder. | ||||||
23 | (u) Records and information provided to an independent | ||||||
24 | team of experts under the Developmental Disability and | ||||||
25 | Mental Health Safety Act (also known as Brian's Law). | ||||||
26 | (v) Names and information of people who have applied |
| |||||||
| |||||||
1 | for or received Firearm Owner's Identification Cards under | ||||||
2 | the Firearm Owners Identification Card Act or applied for | ||||||
3 | or received a concealed carry license under the Firearm | ||||||
4 | Concealed Carry Act, unless otherwise authorized by the | ||||||
5 | Firearm Concealed Carry Act; and databases under the | ||||||
6 | Firearm Concealed Carry Act, records of the Concealed | ||||||
7 | Carry Licensing Review Board under the Firearm Concealed | ||||||
8 | Carry Act, and law enforcement agency objections under the | ||||||
9 | Firearm Concealed Carry Act. | ||||||
10 | (v-5) Records of the Firearm Owner's Identification | ||||||
11 | Card Review Board that are exempted from disclosure under | ||||||
12 | Section 10 of the Firearm Owners Identification Card Act. | ||||||
13 | (w) Personally identifiable information which is | ||||||
14 | exempted from disclosure under subsection (g) of Section | ||||||
15 | 19.1 of the Toll Highway Act. | ||||||
16 | (x) Information which is exempted from disclosure | ||||||
17 | under Section 5-1014.3 of the Counties Code or Section | ||||||
18 | 8-11-21 of the Illinois Municipal Code. | ||||||
19 | (y) Confidential information under the Adult | ||||||
20 | Protective Services Act and its predecessor enabling | ||||||
21 | statute, the Elder Abuse and Neglect Act, including | ||||||
22 | information about the identity and administrative finding | ||||||
23 | against any caregiver of a verified and substantiated | ||||||
24 | decision of abuse, neglect, or financial exploitation of | ||||||
25 | an eligible adult maintained in the Registry established | ||||||
26 | under Section 7.5 of the Adult Protective Services Act. |
| |||||||
| |||||||
1 | (z) Records and information provided to a fatality | ||||||
2 | review team or the Illinois Fatality Review Team Advisory | ||||||
3 | Council under Section 15 of the Adult Protective Services | ||||||
4 | Act. | ||||||
5 | (aa) Information which is exempted from disclosure | ||||||
6 | under Section 2.37 of the Wildlife Code. | ||||||
7 | (bb) Information which is or was prohibited from | ||||||
8 | disclosure by the Juvenile Court Act of 1987. | ||||||
9 | (cc) Recordings made under the Law Enforcement | ||||||
10 | Officer-Worn Body Camera Act, except to the extent | ||||||
11 | authorized under that Act. | ||||||
12 | (dd) Information that is prohibited from being | ||||||
13 | disclosed under Section 45 of the Condominium and Common | ||||||
14 | Interest Community Ombudsperson Act. | ||||||
15 | (ee) Information that is exempted from disclosure | ||||||
16 | under Section 30.1 of the Pharmacy Practice Act. | ||||||
17 | (ff) Information that is exempted from disclosure | ||||||
18 | under the Revised Uniform Unclaimed Property Act. | ||||||
19 | (gg) Information that is prohibited from being | ||||||
20 | disclosed under Section 7-603.5 of the Illinois Vehicle | ||||||
21 | Code. | ||||||
22 | (hh) Records that are exempt from disclosure under | ||||||
23 | Section 1A-16.7 of the Election Code. | ||||||
24 | (ii) Information which is exempted from disclosure | ||||||
25 | under Section 2505-800 of the Department of Revenue Law of | ||||||
26 | the Civil Administrative Code of Illinois. |
| |||||||
| |||||||
1 | (jj) Information and reports that are required to be | ||||||
2 | submitted to the Department of Labor by registering day | ||||||
3 | and temporary labor service agencies but are exempt from | ||||||
4 | disclosure under subsection (a-1) of Section 45 of the Day | ||||||
5 | and Temporary Labor Services Act. | ||||||
6 | (kk) Information prohibited from disclosure under the | ||||||
7 | Seizure and Forfeiture Reporting Act. | ||||||
8 | (ll) Information the disclosure of which is restricted | ||||||
9 | and exempted under Section 5-30.8 of the Illinois Public | ||||||
10 | Aid Code. | ||||||
11 | (mm) Records that are exempt from disclosure under | ||||||
12 | Section 4.2 of the Crime Victims Compensation Act. | ||||||
13 | (nn) Information that is exempt from disclosure under | ||||||
14 | Section 70 of the Higher Education Student Assistance Act. | ||||||
15 | (oo) Communications, notes, records, and reports | ||||||
16 | arising out of a peer support counseling session | ||||||
17 | prohibited from disclosure under the First Responders | ||||||
18 | Suicide Prevention Act. | ||||||
19 | (pp) Names and all identifying information relating to | ||||||
20 | an employee of an emergency services provider or law | ||||||
21 | enforcement agency under the First Responders Suicide | ||||||
22 | Prevention Act. | ||||||
23 | (qq) Information and records held by the Department of | ||||||
24 | Public Health and its authorized representatives collected | ||||||
25 | under the Reproductive Health Act. | ||||||
26 | (rr) Information that is exempt from disclosure under |
| |||||||
| |||||||
1 | the Cannabis Regulation and Tax Act. | ||||||
2 | (ss) Data reported by an employer to the Department of | ||||||
3 | Human Rights pursuant to Section 2-108 of the Illinois | ||||||
4 | Human Rights Act. | ||||||
5 | (tt) Recordings made under the Children's Advocacy | ||||||
6 | Center Act, except to the extent authorized under that | ||||||
7 | Act. | ||||||
8 | (uu) Information that is exempt from disclosure under | ||||||
9 | Section 50 of the Sexual Assault Evidence Submission Act. | ||||||
10 | (vv) Information that is exempt from disclosure under | ||||||
11 | subsections (f) and (j) of Section 5-36 of the Illinois | ||||||
12 | Public Aid Code. | ||||||
13 | (ww) Information that is exempt from disclosure under | ||||||
14 | Section 16.8 of the State Treasurer Act. | ||||||
15 | (xx) Information that is exempt from disclosure or | ||||||
16 | information that shall not be made public under the | ||||||
17 | Illinois Insurance Code. | ||||||
18 | (yy) Information prohibited from being disclosed under | ||||||
19 | the Illinois Educational Labor Relations Act. | ||||||
20 | (zz) Information prohibited from being disclosed under | ||||||
21 | the Illinois Public Labor Relations Act. | ||||||
22 | (aaa) Information prohibited from being disclosed | ||||||
23 | under Section 1-167 of the Illinois Pension Code. | ||||||
24 | (bbb) Information that is prohibited from disclosure | ||||||
25 | by the Illinois Police Training Act and the Illinois State | ||||||
26 | Police Act. |
| |||||||
| |||||||
1 | (ccc) Records exempt from disclosure under Section
| ||||||
2 | 2605-304 of the Illinois State Police Law of the Civil
| ||||||
3 | Administrative Code of Illinois. | ||||||
4 | (ddd) Information prohibited from being disclosed | ||||||
5 | under Section 35 of the Address Confidentiality for | ||||||
6 | Victims of Domestic Violence, Sexual Assault, Human | ||||||
7 | Trafficking, or Stalking Act. | ||||||
8 | (eee) Information prohibited from being disclosed | ||||||
9 | under subsection (b) of Section 75 of the Domestic | ||||||
10 | Violence Fatality Review Act. | ||||||
11 | (fff) Images from cameras under the Expressway Camera | ||||||
12 | Act. This subsection (fff) is inoperative on and after | ||||||
13 | July 1, 2023. | ||||||
14 | (ggg) Information prohibited from disclosure under | ||||||
15 | paragraph (3) of subsection (a) of Section 14 of the Nurse | ||||||
16 | Agency Licensing Act. | ||||||
17 | (hhh) Information submitted to the Illinois Department | ||||||
18 | of State Police in an affidavit or application for an | ||||||
19 | assault weapon endorsement, assault weapon attachment | ||||||
20 | endorsement, .50 caliber rifle endorsement, or .50 caliber | ||||||
21 | cartridge endorsement under the Firearm Owners | ||||||
22 | Identification Card Act. | ||||||
23 | (iii) Information that is exempt from disclosure under
| ||||||
24 | the Public Official Privacy Act. | ||||||
25 | (Source: P.A. 101-13, eff. 6-12-19; 101-27, eff. 6-25-19; | ||||||
26 | 101-81, eff. 7-12-19; 101-221, eff. 1-1-20; 101-236, eff. |
| |||||||
| |||||||
1 | 1-1-20; 101-375, eff. 8-16-19; 101-377, eff. 8-16-19; 101-452, | ||||||
2 | eff. 1-1-20; 101-466, eff. 1-1-20; 101-600, eff. 12-6-19; | ||||||
3 | 101-620, eff 12-20-19; 101-649, eff. 7-7-20; 101-652, eff. | ||||||
4 | 1-1-22; 101-656, eff. 3-23-21; 102-36, eff. 6-25-21; 102-237, | ||||||
5 | eff. 1-1-22; 102-292, eff. 1-1-22; 102-520, eff. 8-20-21; | ||||||
6 | 102-559, eff. 8-20-21; 102-813, eff. 5-13-22; 102-946, eff. | ||||||
7 | 7-1-22; 102-1042, eff. 6-3-22; 102-1116, eff. 1-10-23; revised | ||||||
8 | 2-13-23.) | ||||||
9 | Section 105. The Election Code is amended by adding | ||||||
10 | Section 10-10.3 as follows: | ||||||
11 | (10 ILCS 5/10-10.3 new) | ||||||
12 | Sec. 10-10.3. Removal of an official's address information | ||||||
13 | from the certificate of nomination or nomination papers. | ||||||
14 | (a) As used in this Section, "home address" and "official" | ||||||
15 | have the meanings given to those terms in Section 5 of the | ||||||
16 | Public Official Privacy Act. | ||||||
17 | (b) Upon expiration of the period for filing an objection | ||||||
18 | to an official's certificate of nomination or nomination | ||||||
19 | papers, an official who is a candidate may file a written | ||||||
20 | request with the State Board of Elections for redaction of the | ||||||
21 | official's home address information from the official's | ||||||
22 | certificate of nomination or nomination papers. After receipt | ||||||
23 | of the official's written request, the State Board of | ||||||
24 | Elections shall redact or cause redaction of the official's |
| |||||||
| |||||||
1 | home address from the official's certificate of nomination or | ||||||
2 | nomination papers within 5 business days. | ||||||
3 | (c) Prior to expiration of the period for filing an | ||||||
4 | objection to an official's certificate of nomination or | ||||||
5 | nomination papers, the home address information from the | ||||||
6 | certificate of nomination or nomination papers of an official | ||||||
7 | who is a candidate is available for public inspection. After | ||||||
8 | redaction of an official's home address information under | ||||||
9 | subsection (b), the home address information is only available | ||||||
10 | for an in camera inspection by a court reviewing an objection | ||||||
11 | to the official's certificate of nomination or nomination | ||||||
12 | papers. | ||||||
13 | Section 110. The Illinois Identification Card Act is | ||||||
14 | amended by changing Sections 4 and 5 as follows:
| ||||||
15 | (15 ILCS 335/4) (from Ch. 124, par. 24)
| ||||||
16 | Sec. 4. Identification card.
| ||||||
17 | (a) The Secretary of State shall issue a
standard Illinois | ||||||
18 | Identification Card to any natural person who is a resident
of | ||||||
19 | the State of Illinois who applies for such card, or renewal | ||||||
20 | thereof. No identification card shall be issued to any person | ||||||
21 | who holds a valid
foreign state
identification card, license, | ||||||
22 | or permit unless the person first surrenders to
the Secretary | ||||||
23 | of
State the valid foreign state identification card, license, | ||||||
24 | 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 , an official as | ||||||
23 | defined in Section 5 of the Public Official Privacy Act, or a | ||||||
24 | peace officer, the applicant may elect to have his or her | ||||||
25 | office or work address listed on the card instead of the | ||||||
26 | applicant's residence or mailing address. The Secretary may |
| |||||||
| |||||||
1 | promulgate rules to implement this provision. For the purposes | ||||||
2 | of this subsection (a-10), "peace officer" means any person | ||||||
3 | who by virtue of his or her office or public employment is | ||||||
4 | vested by law with a duty to maintain public order or to make | ||||||
5 | arrests for a violation of any penal statute of this State, | ||||||
6 | whether that duty extends to all violations or is limited to | ||||||
7 | specific violations. | ||||||
8 | (a-15) The Secretary of State may provide for an expedited | ||||||
9 | process for the issuance of an Illinois Identification Card. | ||||||
10 | The Secretary shall charge an additional fee for the expedited | ||||||
11 | issuance of an Illinois Identification Card, to be set by | ||||||
12 | rule, not to exceed $75. All fees collected by the Secretary | ||||||
13 | for expedited Illinois Identification Card service shall be | ||||||
14 | deposited into the Secretary of State Special Services Fund. | ||||||
15 | The Secretary may adopt rules regarding the eligibility, | ||||||
16 | process, and fee for an expedited Illinois Identification | ||||||
17 | Card. If the Secretary of State determines that the volume of | ||||||
18 | expedited identification card requests received on a given day | ||||||
19 | exceeds the ability of the Secretary to process those requests | ||||||
20 | in an expedited manner, the Secretary may decline to provide | ||||||
21 | expedited services, and the additional fee for the expedited | ||||||
22 | service shall be refunded to the applicant. | ||||||
23 | (a-20) The Secretary of State shall issue a standard | ||||||
24 | Illinois Identification Card to a committed person upon | ||||||
25 | release on parole, mandatory supervised release, aftercare | ||||||
26 | release, final discharge, or pardon from the Department of |
| |||||||
| |||||||
1 | Corrections or Department of Juvenile Justice, if the released | ||||||
2 | person presents a certified copy of his or her birth | ||||||
3 | certificate, social security card or other documents | ||||||
4 | authorized by the Secretary, and 2 documents proving his or | ||||||
5 | her Illinois residence address. Documents proving residence | ||||||
6 | address may include any official document of the Department of | ||||||
7 | Corrections or the Department of Juvenile Justice showing the | ||||||
8 | released person's address after release and a Secretary of | ||||||
9 | State prescribed certificate of residency form, which may be | ||||||
10 | executed by Department of Corrections or Department of | ||||||
11 | Juvenile Justice personnel. | ||||||
12 | (a-25) The Secretary of State shall issue a limited-term | ||||||
13 | Illinois Identification Card valid for 90 days to a committed | ||||||
14 | person upon release on parole, mandatory supervised release, | ||||||
15 | aftercare release, final discharge, or pardon from the | ||||||
16 | Department of Corrections or Department of Juvenile Justice, | ||||||
17 | if the released person is unable to present a certified copy of | ||||||
18 | his or her birth certificate and social security card or other | ||||||
19 | documents authorized by the Secretary, but does present a | ||||||
20 | Secretary of State prescribed verification form completed by | ||||||
21 | the Department of Corrections or Department of Juvenile | ||||||
22 | Justice, verifying the released person's date of birth and | ||||||
23 | social security number and 2 documents proving his or her | ||||||
24 | Illinois residence address. The verification form must have | ||||||
25 | been completed no more than 30 days prior to the date of | ||||||
26 | application for the Illinois Identification Card. Documents |
| |||||||
| |||||||
1 | proving residence address shall include any official document | ||||||
2 | of the Department of Corrections or the Department of Juvenile | ||||||
3 | Justice showing the person's address after release and a | ||||||
4 | Secretary of State prescribed certificate of residency, which | ||||||
5 | may be executed by Department of Corrections or Department of | ||||||
6 | Juvenile Justice personnel. | ||||||
7 | Prior to the expiration of the 90-day period of the | ||||||
8 | limited-term Illinois Identification Card, if the released | ||||||
9 | person submits to the Secretary of State a certified copy of | ||||||
10 | his or her birth certificate and his or her social security | ||||||
11 | card or other documents authorized by the Secretary, a | ||||||
12 | standard Illinois Identification Card shall be issued. A | ||||||
13 | limited-term Illinois Identification Card may not be renewed. | ||||||
14 | (a-30) The Secretary of State shall issue a standard | ||||||
15 | Illinois Identification Card to a person upon conditional | ||||||
16 | release or absolute discharge from the custody of the | ||||||
17 | Department of Human Services, if the person presents a | ||||||
18 | certified copy of his or her birth certificate, social | ||||||
19 | security card, or other documents authorized by the Secretary, | ||||||
20 | and a document proving his or her Illinois residence address. | ||||||
21 | The Secretary of State shall issue a standard Illinois | ||||||
22 | Identification Card to a person prior to his or her | ||||||
23 | conditional release or absolute discharge if personnel from | ||||||
24 | the Department of Human Services bring the person to a | ||||||
25 | Secretary of State location with the required documents. | ||||||
26 | Documents proving residence address may include any official |
| |||||||
| |||||||
1 | document of the Department of Human Services showing the | ||||||
2 | person's address after release and a Secretary of State | ||||||
3 | prescribed verification form, which may be executed by | ||||||
4 | personnel of the Department of Human Services. | ||||||
5 | (a-35) The Secretary of State shall issue a limited-term | ||||||
6 | Illinois Identification Card valid for 90 days to a person | ||||||
7 | upon conditional release or absolute discharge from the | ||||||
8 | custody of the Department of Human Services, if the person is | ||||||
9 | unable to present a certified copy of his or her birth | ||||||
10 | certificate and social security card or other documents | ||||||
11 | authorized by the Secretary, but does present a Secretary of | ||||||
12 | State prescribed verification form completed by the Department | ||||||
13 | of Human Services, verifying the person's date of birth and | ||||||
14 | social security number, and a document proving his or her | ||||||
15 | Illinois residence address. The verification form must have | ||||||
16 | been completed no more than 30 days prior to the date of | ||||||
17 | application for the Illinois Identification Card. The | ||||||
18 | Secretary of State shall issue a limited-term Illinois | ||||||
19 | Identification Card to a person no sooner than 14 days prior to | ||||||
20 | his or her conditional release or absolute discharge if | ||||||
21 | personnel from the Department of Human Services bring the | ||||||
22 | person to a Secretary of State location with the required | ||||||
23 | documents. Documents proving residence address shall include | ||||||
24 | any official document of the Department of Human Services | ||||||
25 | showing the person's address after release and a Secretary of | ||||||
26 | State prescribed verification form, which may be executed
by |
| |||||||
| |||||||
1 | personnel of the Department of Human Services. | ||||||
2 | (b) The Secretary of State shall issue a special Illinois
| ||||||
3 | Identification Card, which shall be known as an Illinois | ||||||
4 | Person with a Disability
Identification Card, to any natural | ||||||
5 | person who is a resident of the State
of Illinois, who is a | ||||||
6 | person with a disability as defined in Section 4A of this Act,
| ||||||
7 | who applies for such card, or renewal thereof. No Illinois | ||||||
8 | Person with a Disability Identification Card shall be issued | ||||||
9 | to any person who
holds a valid
foreign state identification | ||||||
10 | card, license, or permit unless the person first
surrenders to | ||||||
11 | the
Secretary of State the valid foreign state identification | ||||||
12 | card, license, or
permit. The Secretary of State
shall charge | ||||||
13 | no fee to issue such card. The card shall be prepared and
| ||||||
14 | supplied by the Secretary of State, and shall include a | ||||||
15 | photograph and signature or mark of the
applicant, a | ||||||
16 | designation indicating that the card is an Illinois
Person | ||||||
17 | with a Disability Identification Card, and shall include a | ||||||
18 | comprehensible designation
of the type and classification of | ||||||
19 | the applicant's disability as set out in
Section 4A of this | ||||||
20 | Act. However, the Secretary of State may provide by rule for | ||||||
21 | the issuance of Illinois Person with a Disability | ||||||
22 | Identification Cards without photographs if the applicant has | ||||||
23 | a bona fide religious objection to being photographed or to | ||||||
24 | the display of his or her photograph. If the applicant so | ||||||
25 | requests, the card shall
include a description of the | ||||||
26 | applicant's disability and any information
about the |
| |||||||
| |||||||
1 | applicant's disability or medical history which the Secretary
| ||||||
2 | determines would be helpful to the applicant in securing | ||||||
3 | emergency medical
care. If a mark is used in lieu of a | ||||||
4 | signature, such mark
shall be affixed to the card in the | ||||||
5 | presence of two witnesses who attest to
the authenticity of | ||||||
6 | the mark. The Illinois
Person with a Disability Identification | ||||||
7 | Card may be used for identification purposes
in any lawful | ||||||
8 | situation by the person to whom it was issued.
| ||||||
9 | The Illinois Person with a Disability Identification Card | ||||||
10 | may be used as adequate
documentation of disability in lieu of | ||||||
11 | a physician's determination of
disability, a determination of | ||||||
12 | disability from a physician assistant, a determination of | ||||||
13 | disability from an advanced practice registered
nurse, or any
| ||||||
14 | other documentation
of disability whenever
any
State law
| ||||||
15 | requires that a person with a disability provide such | ||||||
16 | documentation of disability,
however an Illinois Person with a | ||||||
17 | Disability Identification Card shall not qualify
the | ||||||
18 | cardholder to participate in any program or to receive any | ||||||
19 | benefit
which is not available to all persons with like | ||||||
20 | disabilities.
Notwithstanding any other provisions of law, an | ||||||
21 | Illinois Person with a Disability
Identification Card, or | ||||||
22 | evidence that the Secretary of State has issued an
Illinois | ||||||
23 | Person with a Disability Identification Card, shall not be | ||||||
24 | used by any
person other than the person named on such card to | ||||||
25 | prove that the person
named on such card is a person with a | ||||||
26 | disability or for any other purpose unless the
card is used for |
| |||||||
| |||||||
1 | the benefit of the person named on such card, and the
person | ||||||
2 | named on such card consents to such use at the time the card is | ||||||
3 | so used.
| ||||||
4 | An optometrist's determination of a visual disability | ||||||
5 | under Section 4A of this Act is acceptable as documentation | ||||||
6 | for the purpose of issuing an Illinois Person with a | ||||||
7 | Disability Identification Card. | ||||||
8 | When medical information is contained on an Illinois | ||||||
9 | Person with a Disability
Identification Card, the Office of | ||||||
10 | the Secretary of State shall not be
liable for any actions | ||||||
11 | taken based upon that medical information.
| ||||||
12 | (c) The Secretary of State shall provide
that each | ||||||
13 | original or renewal Illinois Identification Card or Illinois
| ||||||
14 | Person with a Disability Identification Card issued to a | ||||||
15 | person under the age of 21
shall be of a distinct nature from | ||||||
16 | those Illinois Identification Cards or
Illinois Person with a | ||||||
17 | Disability Identification Cards issued to individuals 21
years | ||||||
18 | of age or older. The color designated for Illinois | ||||||
19 | Identification
Cards or Illinois Person with a Disability | ||||||
20 | Identification Cards for persons under
the age of 21 shall be | ||||||
21 | at the discretion of the Secretary of State.
| ||||||
22 | (c-1) Each original or renewal Illinois
Identification | ||||||
23 | Card or Illinois Person with a Disability Identification Card | ||||||
24 | issued to
a person under the age of 21 shall display the date | ||||||
25 | upon which the person
becomes 18 years of age and the date upon | ||||||
26 | which the person becomes 21 years of
age.
|
| |||||||
| |||||||
1 | (c-3) The General Assembly recognizes the need to identify | ||||||
2 | military veterans living in this State for the purpose of | ||||||
3 | ensuring that they receive all of the services and benefits to | ||||||
4 | which they are legally entitled, including healthcare, | ||||||
5 | education assistance, and job placement. To assist the State | ||||||
6 | in identifying these veterans and delivering these vital | ||||||
7 | services and benefits, the Secretary of State is authorized to | ||||||
8 | issue Illinois Identification Cards and Illinois Person with a | ||||||
9 | Disability Identification Cards with the word "veteran" | ||||||
10 | appearing on the face of the cards. This authorization is | ||||||
11 | predicated on the unique status of veterans. The Secretary may | ||||||
12 | not issue any other identification card which identifies an | ||||||
13 | occupation, status, affiliation, hobby, or other unique | ||||||
14 | characteristics of the identification card holder which is | ||||||
15 | unrelated to the purpose of the identification card.
| ||||||
16 | (c-5) Beginning on or before July 1, 2015, the Secretary | ||||||
17 | of State shall designate a space on each original or renewal | ||||||
18 | identification card where, at the request of the applicant, | ||||||
19 | the word "veteran" shall be placed. The veteran designation | ||||||
20 | shall be available to a person identified as a veteran under | ||||||
21 | subsection (b) of Section 5 of this Act who was discharged or | ||||||
22 | separated under honorable conditions. | ||||||
23 | (d) The Secretary of State may issue a Senior Citizen
| ||||||
24 | discount card, to any natural person who is a resident of the | ||||||
25 | State of
Illinois who is 60 years of age or older and who | ||||||
26 | applies for such a card or
renewal thereof. The Secretary of |
| |||||||
| |||||||
1 | State shall charge no fee to issue such
card. The card shall be | ||||||
2 | issued in every county and applications shall be
made | ||||||
3 | available at, but not limited to, nutrition sites, senior | ||||||
4 | citizen
centers and Area Agencies on Aging. The applicant, | ||||||
5 | upon receipt of such
card and prior to its use for any purpose, | ||||||
6 | shall have affixed thereon in
the space provided therefor his | ||||||
7 | signature or mark.
| ||||||
8 | (e) The Secretary of State, in his or her discretion, may | ||||||
9 | designate on each Illinois
Identification Card or Illinois | ||||||
10 | Person with a Disability Identification Card a space where the | ||||||
11 | card holder may place a sticker or decal, issued by the | ||||||
12 | Secretary of State, of uniform size as the Secretary may | ||||||
13 | specify, that shall indicate in appropriate language that the | ||||||
14 | card holder has renewed his or her Illinois
Identification | ||||||
15 | Card or Illinois Person with a Disability Identification Card. | ||||||
16 | (Source: P.A. 102-299, eff. 8-6-21.)
| ||||||
17 | (15 ILCS 335/5) (from Ch. 124, par. 25)
| ||||||
18 | Sec. 5. Applications. | ||||||
19 | (a) Any natural person who is a resident of the
State of | ||||||
20 | Illinois may file an application for an identification card, | ||||||
21 | or for
the renewal thereof, in a manner prescribed by the | ||||||
22 | Secretary. Each original application
shall be completed by the | ||||||
23 | applicant in full and shall set forth the legal
name,
| ||||||
24 | residence address and zip code, social security number, birth | ||||||
25 | date, sex and
a brief
description of the applicant. The |
| |||||||
| |||||||
1 | applicant shall be photographed, unless the Secretary of State | ||||||
2 | has provided by rule for the issuance of identification cards | ||||||
3 | without photographs and the applicant is deemed eligible for | ||||||
4 | an identification card without a photograph under the terms | ||||||
5 | and conditions imposed by the Secretary of State, and he
or she | ||||||
6 | shall also submit any other information as the Secretary may | ||||||
7 | deem necessary
or such documentation as the Secretary may | ||||||
8 | require to determine the
identity of the applicant. In | ||||||
9 | addition to the residence address, the Secretary may allow the | ||||||
10 | applicant to provide a mailing address. If the applicant is a | ||||||
11 | judicial officer as defined in Section 1-10 of the Judicial | ||||||
12 | Privacy Act , an official as defined in Section 5 of the Public | ||||||
13 | Official Privacy Act, or a peace officer, the applicant may | ||||||
14 | elect to have his or her office or work address in lieu of the | ||||||
15 | applicant's residence or mailing address. An applicant for an | ||||||
16 | Illinois Person with a Disability Identification Card must
| ||||||
17 | also submit with each original or renewal application, on | ||||||
18 | forms prescribed
by the Secretary, such documentation as the | ||||||
19 | Secretary may require,
establishing that the applicant is a | ||||||
20 | "person with a disability" as defined in
Section 4A of this | ||||||
21 | Act, and setting forth the applicant's type and class of
| ||||||
22 | disability as set forth in Section 4A of this Act.
For the | ||||||
23 | purposes of this subsection (a), "peace officer" means any | ||||||
24 | person who by virtue of his or her office or public employment | ||||||
25 | is vested by law with a duty to maintain public order or to | ||||||
26 | make arrests for a violation of any penal statute of this |
| |||||||
| |||||||
1 | State, whether that duty extends to all violations or is | ||||||
2 | limited to specific violations.
| ||||||
3 | (a-5) Upon the first issuance of a request for proposals | ||||||
4 | for a digital driver's license and identification card | ||||||
5 | issuance and facial recognition system issued after January 1, | ||||||
6 | 2020 (the effective date of Public Act 101-513), and upon | ||||||
7 | implementation of a new or revised system procured pursuant to | ||||||
8 | that request for proposals, the Secretary shall permit | ||||||
9 | applicants to choose between "male", "female", or "non-binary" | ||||||
10 | when designating the applicant's sex on the identification | ||||||
11 | card application form. The sex designated by the applicant | ||||||
12 | shall be displayed on the identification card issued to the | ||||||
13 | applicant. | ||||||
14 | (b) Beginning on or before July 1, 2015, for each original | ||||||
15 | or renewal identification card application under this Act, the | ||||||
16 | Secretary shall inquire as to whether the applicant is a | ||||||
17 | veteran for purposes of issuing an identification card with a | ||||||
18 | veteran designation under subsection (c-5) of Section 4 of | ||||||
19 | this Act. The acceptable forms of proof shall include, but are | ||||||
20 | not limited to, Department of Defense form DD-214, Department | ||||||
21 | of Defense form DD-256 for applicants who did not receive a | ||||||
22 | form DD-214 upon the completion of initial basic training, | ||||||
23 | Department of Defense form DD-2 (Retired), an identification | ||||||
24 | card issued under the federal Veterans Identification Card Act | ||||||
25 | of 2015, or a United States Department of Veterans Affairs | ||||||
26 | summary of benefits letter. If the document cannot be stamped, |
| |||||||
| |||||||
1 | the Illinois Department of Veterans' Affairs shall provide a | ||||||
2 | certificate to the veteran to provide to the Secretary of | ||||||
3 | State. The Illinois Department of Veterans' Affairs shall | ||||||
4 | advise the Secretary as to what other forms of proof of a | ||||||
5 | person's status as a veteran are acceptable. | ||||||
6 | For each applicant who is issued an identification card | ||||||
7 | with a 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 identification card will be cancelled. | ||||||
18 | For purposes of this subsection (b): | ||||||
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 | (c) All applicants for REAL ID compliant standard Illinois | ||||||
26 | Identification Cards and Illinois Person with a Disability |
| |||||||
| |||||||
1 | Identification Cards shall provide proof of lawful status in | ||||||
2 | the United States as defined in 6 CFR 37.3, as amended. | ||||||
3 | Applicants who are unable to provide the Secretary with proof | ||||||
4 | of lawful status are ineligible for REAL ID compliant | ||||||
5 | identification cards under this Act. | ||||||
6 | (Source: P.A. 101-106, eff. 1-1-20; 101-287, eff. 8-9-19; | ||||||
7 | 101-513, eff. 1-1-20; 102-558, eff. 8-20-21.)
| ||||||
8 | Section 115. The Illinois Vehicle Code is amended by | ||||||
9 | changing Sections 3-405, 6-106, and 6-110 as follows:
| ||||||
10 | (625 ILCS 5/3-405) (from Ch. 95 1/2, par. 3-405)
| ||||||
11 | (Text of Section before amendment by P.A. 102-1069 )
| ||||||
12 | Sec. 3-405. Application for registration.
| ||||||
13 | (a) Every owner of a vehicle subject to registration under | ||||||
14 | this Code shall
make application to the Secretary of State for | ||||||
15 | the registration of such
vehicle upon the appropriate form or | ||||||
16 | forms furnished by the Secretary.
Every such application shall | ||||||
17 | bear the signature of the owner
written with pen and ink and | ||||||
18 | contain:
| ||||||
19 | 1. The name, domicile address, as defined in Section | ||||||
20 | 1-115.5 of this Code, (except as otherwise provided in | ||||||
21 | this
paragraph 1), mail address of the owner or
business | ||||||
22 | address of the owner if a firm, association, or | ||||||
23 | corporation, and, if available, email address of the | ||||||
24 | owner. If
the mailing address is a post office box number, |
| |||||||
| |||||||
1 | the address listed on the
driver license record may be | ||||||
2 | used to verify residence.
A police officer, a deputy | ||||||
3 | sheriff, an elected sheriff, a law enforcement
officer for | ||||||
4 | the Illinois State Police, a fire investigator, a state's | ||||||
5 | attorney, an assistant state's attorney, a state's | ||||||
6 | attorney special investigator, an official, or a judicial | ||||||
7 | officer may elect to
furnish
the address of the | ||||||
8 | headquarters of the governmental entity, police district, | ||||||
9 | or business address
where he or she
works instead of his or | ||||||
10 | her domicile address, in which case that address shall
be | ||||||
11 | deemed to be his or her domicile address for all purposes | ||||||
12 | under this
Chapter 3.
The spouse and children of a person | ||||||
13 | who may elect under this paragraph 1 to
furnish the | ||||||
14 | address of the headquarters of the government entity, | ||||||
15 | police
district, or business address where the person | ||||||
16 | works instead of the person's domicile address may,
if | ||||||
17 | they reside with that person, also elect to furnish the | ||||||
18 | address of the
headquarters of the government entity, | ||||||
19 | police district, or business address where the person | ||||||
20 | works
as their domicile address, in which case that | ||||||
21 | address shall be deemed to be
their domicile address for | ||||||
22 | all purposes under this Chapter 3.
In this paragraph 1: | ||||||
23 | (A)
"police officer" has the meaning ascribed to | ||||||
24 | "policeman" in Section 10-3-1 of
the Illinois Municipal | ||||||
25 | Code; (B) "deputy sheriff" means a deputy sheriff
| ||||||
26 | appointed under Section 3-6008 of the Counties Code; (C) |
| |||||||
| |||||||
1 | "elected sheriff"
means a sheriff commissioned pursuant to | ||||||
2 | Section 3-6001 of the Counties Code;
(D) "fire
| ||||||
3 | investigator" means a person classified as a peace officer | ||||||
4 | under the Peace
Officer Fire Investigation Act; (E) | ||||||
5 | "state's attorney", "assistant state's attorney", and | ||||||
6 | "state's attorney special investigator" mean a state's | ||||||
7 | attorney, assistant state's attorney, and state's attorney | ||||||
8 | special investigator commissioned or appointed under | ||||||
9 | Division 3-9 of the Counties Code; and (F) "judicial | ||||||
10 | officer" has the meaning ascribed to it in Section 1-10 of | ||||||
11 | the Judicial Privacy Act ; and (G) "official" has the | ||||||
12 | meaning ascribed to it in Section 5 of the Public Official | ||||||
13 | Privacy Act .
| ||||||
14 | 2. A description of the vehicle, including such | ||||||
15 | information as is
required in an application for a | ||||||
16 | certificate of title, determined under such
standard | ||||||
17 | rating as may be prescribed by the Secretary.
| ||||||
18 | 3. (Blank).
| ||||||
19 | 4. Such further information as may reasonably be | ||||||
20 | required by the
Secretary to enable him to determine | ||||||
21 | whether the vehicle is
lawfully entitled to registration | ||||||
22 | and the owner entitled to a certificate
of title.
| ||||||
23 | 5. An affirmation by the applicant that all | ||||||
24 | information set forth is
true and correct. If the
| ||||||
25 | application is for the registration of a motor vehicle, | ||||||
26 | the applicant also
shall affirm that the motor vehicle is |
| |||||||
| |||||||
1 | insured as required by this Code,
that such insurance will | ||||||
2 | be maintained throughout the period for which the
motor | ||||||
3 | vehicle shall be registered, and that neither the owner, | ||||||
4 | nor any
person operating the motor vehicle with the | ||||||
5 | owner's permission, shall
operate the motor vehicle unless | ||||||
6 | the required insurance is in effect. If
the person signing | ||||||
7 | the affirmation is not the sole owner of the vehicle,
such | ||||||
8 | person shall be deemed to have affirmed on behalf of all | ||||||
9 | the owners of
the vehicle. If the person signing the | ||||||
10 | affirmation is not an owner of the
vehicle, such person | ||||||
11 | shall be deemed to have affirmed on behalf of the
owner or | ||||||
12 | owners of the vehicle. The lack of signature on the | ||||||
13 | application
shall not in any manner exempt the owner or | ||||||
14 | owners from any provisions,
requirements or penalties of | ||||||
15 | this Code.
| ||||||
16 | (b) When such application refers to a new vehicle | ||||||
17 | purchased from a
dealer the application shall be accompanied | ||||||
18 | by a Manufacturer's Statement
of Origin from the dealer, and a | ||||||
19 | statement showing any lien retained by the
dealer.
| ||||||
20 | (Source: P.A. 102-538, eff. 8-20-21.)
| ||||||
21 | (Text of Section after amendment by P.A. 102-1069 )
| ||||||
22 | Sec. 3-405. Application for registration.
| ||||||
23 | (a) Every owner of a vehicle subject to registration under | ||||||
24 | this Code shall
make application to the Secretary of State for | ||||||
25 | the registration of such
vehicle upon the appropriate form or |
| |||||||
| |||||||
1 | forms furnished by the Secretary.
Every such original | ||||||
2 | application shall bear the signature of the owner
written with | ||||||
3 | pen and ink and contain:
| ||||||
4 | 1. The name, domicile address, as defined in Section | ||||||
5 | 1-115.5 of this Code, (except as otherwise provided in | ||||||
6 | this
paragraph 1), mail address of the owner or
business | ||||||
7 | address of the owner if a firm, association, or | ||||||
8 | corporation, and, if available, email address of the | ||||||
9 | owner. If
the mailing address is a post office box number, | ||||||
10 | the address listed on the
driver license record may be | ||||||
11 | used to verify residence.
A police officer, a deputy | ||||||
12 | sheriff, an elected sheriff, a law enforcement
officer for | ||||||
13 | the Illinois State Police, a fire investigator, a state's | ||||||
14 | attorney, an assistant state's attorney, a state's | ||||||
15 | attorney special investigator, an official, or a judicial | ||||||
16 | officer may elect to
furnish
the address of the | ||||||
17 | headquarters of the governmental entity, police district, | ||||||
18 | or business address
where he or she
works instead of his or | ||||||
19 | her domicile address, in which case that address shall
be | ||||||
20 | deemed to be his or her domicile address for all purposes | ||||||
21 | under this
Chapter 3.
The spouse and children of a person | ||||||
22 | who may elect under this paragraph 1 to
furnish the | ||||||
23 | address of the headquarters of the government entity, | ||||||
24 | police
district, or business address where the person | ||||||
25 | works instead of the person's domicile address may,
if | ||||||
26 | they reside with that person, also elect to furnish the |
| |||||||
| |||||||
1 | address of the
headquarters of the government entity, | ||||||
2 | police district, or business address where the person | ||||||
3 | works
as their domicile address, in which case that | ||||||
4 | address shall be deemed to be
their domicile address for | ||||||
5 | all purposes under this Chapter 3.
In this paragraph 1: | ||||||
6 | (A)
"police officer" has the meaning ascribed to | ||||||
7 | "policeman" in Section 10-3-1 of
the Illinois Municipal | ||||||
8 | Code; (B) "deputy sheriff" means a deputy sheriff
| ||||||
9 | appointed under Section 3-6008 of the Counties Code; (C) | ||||||
10 | "elected sheriff"
means a sheriff commissioned pursuant to | ||||||
11 | Section 3-6001 of the Counties Code;
(D) "fire
| ||||||
12 | investigator" means a person classified as a peace officer | ||||||
13 | under the Peace
Officer Fire Investigation Act; (E) | ||||||
14 | "state's attorney", "assistant state's attorney", and | ||||||
15 | "state's attorney special investigator" mean a state's | ||||||
16 | attorney, assistant state's attorney, and state's attorney | ||||||
17 | special investigator commissioned or appointed under | ||||||
18 | Division 3-9 of the Counties Code; and (F) "judicial | ||||||
19 | officer" has the meaning ascribed to it in Section 1-10 of | ||||||
20 | the Judicial Privacy Act ; and (G) "official" has the | ||||||
21 | meaning ascribed to it in Section 5 of the Public Official | ||||||
22 | Privacy Act .
| ||||||
23 | 2. A description of the vehicle, including such | ||||||
24 | information as is
required in an application for a | ||||||
25 | certificate of title, determined under such
standard | ||||||
26 | rating as may be prescribed by the Secretary.
|
| |||||||
| |||||||
1 | 3. (Blank). | ||||||
2 | 3.5. A space for a voluntary disclosure of a condition | ||||||
3 | that impedes effective communication under Section | ||||||
4 | 3-405.5.
| ||||||
5 | 4. Such further information as may reasonably be | ||||||
6 | required by the
Secretary to enable him to determine | ||||||
7 | whether the vehicle is
lawfully entitled to registration | ||||||
8 | and the owner entitled to a certificate
of title.
| ||||||
9 | 5. An affirmation by the applicant that all | ||||||
10 | information set forth is
true and correct. If the
| ||||||
11 | application is for the registration of a motor vehicle, | ||||||
12 | the applicant also
shall affirm that the motor vehicle is | ||||||
13 | insured as required by this Code,
that such insurance will | ||||||
14 | be maintained throughout the period for which the
motor | ||||||
15 | vehicle shall be registered, and that neither the owner, | ||||||
16 | nor any
person operating the motor vehicle with the | ||||||
17 | owner's permission, shall
operate the motor vehicle unless | ||||||
18 | the required insurance is in effect. If
the person signing | ||||||
19 | the affirmation is not the sole owner of the vehicle,
such | ||||||
20 | person shall be deemed to have affirmed on behalf of all | ||||||
21 | the owners of
the vehicle. If the person signing the | ||||||
22 | affirmation is not an owner of the
vehicle, such person | ||||||
23 | shall be deemed to have affirmed on behalf of the
owner or | ||||||
24 | owners of the vehicle. The lack of signature on the | ||||||
25 | application
shall not in any manner exempt the owner or | ||||||
26 | owners from any provisions,
requirements or penalties of |
| |||||||
| |||||||
1 | this Code.
| ||||||
2 | (b) When such application refers to a new vehicle | ||||||
3 | purchased from a
dealer the application shall be accompanied | ||||||
4 | by a Manufacturer's Statement
of Origin from the dealer, and a | ||||||
5 | statement showing any lien retained by the
dealer.
| ||||||
6 | (Source: P.A. 102-538, eff. 8-20-21; 102-1069, eff. 7-1-23.)
| ||||||
7 | (625 ILCS 5/6-106) (from Ch. 95 1/2, par. 6-106)
| ||||||
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 | ||||||
25 | is true and correct; and shall bear the
applicant's signature. |
| |||||||
| |||||||
1 | In addition to the residence address, the Secretary may allow | ||||||
2 | the applicant to provide a mailing address. In the case of an | ||||||
3 | applicant who is a judicial officer , official, or peace | ||||||
4 | officer, the Secretary may allow the applicant to provide an | ||||||
5 | office or work address in lieu of a residence or mailing | ||||||
6 | address. The application form may
also require the statement | ||||||
7 | of such additional relevant information as the
Secretary of | ||||||
8 | State shall deem necessary to determine the applicant's
| ||||||
9 | competency and eligibility. The Secretary of State may, in his
| ||||||
10 | discretion, by rule or regulation, provide that an application | ||||||
11 | for a
drivers license or permit may include a suitable | ||||||
12 | photograph of the
applicant in the
form prescribed by the | ||||||
13 | Secretary, and he may further provide that each
drivers | ||||||
14 | license shall include a photograph of the driver. The | ||||||
15 | Secretary of
State may utilize a photograph process or system | ||||||
16 | most suitable to deter
alteration or improper reproduction of | ||||||
17 | a drivers license and to prevent
substitution of another photo | ||||||
18 | thereon.
For the purposes of this subsection (b) : , | ||||||
19 | "Official" has the meaning ascribed to it in Section 5 of | ||||||
20 | the Public Official Privacy Act. | ||||||
21 | " Peace peace officer" means any person who by virtue of | ||||||
22 | his or her office or public employment is vested by law with a | ||||||
23 | duty to maintain public order or to make arrests for a | ||||||
24 | violation of any penal statute of this State, whether that | ||||||
25 | duty extends to all violations or is limited to specific | ||||||
26 | violations.
|
| |||||||
| |||||||
1 | (b-3) Upon the first issuance of a request for proposals | ||||||
2 | for a digital driver's license and identification card | ||||||
3 | issuance and facial recognition system issued after January 1, | ||||||
4 | 2020 (the effective date of Public Act 101-513), and upon | ||||||
5 | implementation of a new or revised system procured pursuant to | ||||||
6 | that request for proposals, the Secretary shall permit | ||||||
7 | applicants to choose between "male", "female" or "non-binary" | ||||||
8 | when designating the applicant's sex on the driver's license | ||||||
9 | application form. The sex designated by the applicant shall be | ||||||
10 | displayed on the driver's license issued to the applicant. | ||||||
11 | (b-5) Every applicant for a REAL ID compliant driver's | ||||||
12 | license or permit shall provide proof of lawful status in the | ||||||
13 | United States as defined in 6 CFR 37.3, as amended. Applicants | ||||||
14 | who are unable to provide the Secretary with proof of lawful | ||||||
15 | status may apply for a driver's license or permit under | ||||||
16 | Section 6-105.1 of this Code. | ||||||
17 | (c) The application form shall include a notice to the | ||||||
18 | applicant of the
registration obligations of sex offenders | ||||||
19 | under the Sex Offender Registration
Act. The notice shall be | ||||||
20 | provided in a form and manner prescribed by the
Secretary of | ||||||
21 | State. For purposes of this subsection (c), "sex offender" has
| ||||||
22 | the meaning ascribed to it in Section 2 of the Sex Offender | ||||||
23 | Registration Act.
| ||||||
24 | (d) Any male United States citizen or immigrant who | ||||||
25 | applies for any
permit or
license authorized to be issued | ||||||
26 | under this Code or for a renewal of any permit
or
license,
and |
| |||||||
| |||||||
1 | who is at least 18 years of age but less than 26 years of age, | ||||||
2 | must be
registered in compliance with the requirements of the | ||||||
3 | federal Military
Selective
Service Act.
The Secretary of State | ||||||
4 | must forward in an electronic format the necessary
personal | ||||||
5 | information regarding the applicants identified in this | ||||||
6 | subsection (d)
to
the Selective Service System. The | ||||||
7 | applicant's signature on the application
serves
as an | ||||||
8 | indication that the applicant either has already registered | ||||||
9 | with the
Selective
Service System or that he is authorizing | ||||||
10 | the Secretary to forward to the
Selective
Service System the | ||||||
11 | necessary information for registration. The Secretary must
| ||||||
12 | notify the applicant at the time of application that his | ||||||
13 | signature constitutes
consent to registration with the | ||||||
14 | Selective Service System, if he is not already
registered.
| ||||||
15 | (e) Beginning on or before July 1, 2015, for each original | ||||||
16 | or renewal driver's license application under this Code, the | ||||||
17 | Secretary shall inquire as to whether the applicant is a | ||||||
18 | veteran for purposes of issuing a driver's license with a | ||||||
19 | veteran designation under subsection (e-5) of Section 6-110 of | ||||||
20 | this Code. The acceptable forms of proof shall include, but | ||||||
21 | are not limited to, Department of Defense form DD-214, | ||||||
22 | Department of Defense form DD-256 for applicants who did not | ||||||
23 | receive a form DD-214 upon the completion of initial basic | ||||||
24 | training, Department of Defense form DD-2 (Retired), an | ||||||
25 | identification card issued under the federal Veterans | ||||||
26 | Identification Card Act of 2015, or a United States Department |
| |||||||
| |||||||
1 | of Veterans Affairs summary of benefits letter. If the | ||||||
2 | document cannot be stamped, the Illinois Department of | ||||||
3 | Veterans' Affairs shall provide a certificate to the veteran | ||||||
4 | to provide to the Secretary of State. The Illinois Department | ||||||
5 | of Veterans' Affairs shall advise the Secretary as to what | ||||||
6 | other forms of proof of a person's status as a veteran are | ||||||
7 | acceptable. | ||||||
8 | For each applicant who is issued a driver's license with a | ||||||
9 | 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 driver's license will be cancelled. | ||||||
20 | For purposes of this subsection (e): | ||||||
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 | (Source: P.A. 101-106, eff. 1-1-20; 101-287, eff. 8-9-19; | ||||||
2 | 101-513, eff. 1-1-20; 102-558, eff. 8-20-21.)
| ||||||
3 | (625 ILCS 5/6-110) (from Ch. 95 1/2, par. 6-110)
| ||||||
4 | Sec. 6-110. Licenses issued to drivers.
| ||||||
5 | (a) The Secretary of State shall issue to every qualifying | ||||||
6 | applicant a
driver's license as applied for, which license | ||||||
7 | shall bear a
distinguishing
number assigned to the licensee, | ||||||
8 | the legal name,
signature, zip
code, date of birth, residence | ||||||
9 | address, and a brief description of the
licensee.
| ||||||
10 | Licenses issued shall also indicate the classification and
| ||||||
11 | the restrictions under Section 6-104 of this Code.
The | ||||||
12 | Secretary may adopt rules to establish informational | ||||||
13 | restrictions that can be placed on the driver's license | ||||||
14 | regarding specific conditions of the licensee.
| ||||||
15 | A driver's license issued may, in the discretion of the | ||||||
16 | Secretary,
include a suitable photograph of a type prescribed | ||||||
17 | by the Secretary.
| ||||||
18 | (a-1) If the licensee is less than 18 years of age, unless | ||||||
19 | one of the exceptions in subsection (a-2) apply, the license | ||||||
20 | shall, as a matter of law, be invalid for the operation of any | ||||||
21 | motor vehicle during the following times: | ||||||
22 | (A) Between 11:00 p.m. Friday and 6:00 a.m. Saturday; | ||||||
23 | (B) Between 11:00 p.m. Saturday and 6:00 a.m. on | ||||||
24 | Sunday; and | ||||||
25 | (C) Between 10:00 p.m. on Sunday to Thursday, |
| |||||||
| |||||||
1 | inclusive, and 6:00 a.m. on the following day. | ||||||
2 | (a-2) The driver's license of a person under the age of 18 | ||||||
3 | shall not be invalid as described in subsection (a-1) of this | ||||||
4 | Section if the licensee under the age of 18 was: | ||||||
5 | (1) accompanied by the licensee's parent or guardian | ||||||
6 | or other person in custody or control of the minor; | ||||||
7 | (2) on an errand at the direction of the minor's | ||||||
8 | parent or guardian, without any detour or stop; | ||||||
9 | (3) in a motor vehicle involved in interstate travel; | ||||||
10 | (4) going to or returning home from an employment | ||||||
11 | activity, without any detour or stop; | ||||||
12 | (5) involved in an emergency; | ||||||
13 | (6) going to or returning home from, without any | ||||||
14 | detour or stop, an official school, religious, or other | ||||||
15 | recreational activity supervised by adults and sponsored | ||||||
16 | by a government or governmental agency, a civic | ||||||
17 | organization, or another similar entity that takes | ||||||
18 | responsibility for the licensee, without any detour or | ||||||
19 | stop; | ||||||
20 | (7) exercising First Amendment rights protected by the | ||||||
21 | United States Constitution, such as the free exercise of | ||||||
22 | religion, freedom of speech, and the right of assembly; or | ||||||
23 | (8) married or had been married or is an emancipated | ||||||
24 | minor under the Emancipation of Minors Act. | ||||||
25 | (a-2.5) The driver's license of a person who is 17 years of | ||||||
26 | age and has been licensed for at least 12 months is not invalid |
| |||||||
| |||||||
1 | as described in subsection (a-1) of this Section while the | ||||||
2 | licensee is participating as an assigned driver in a Safe | ||||||
3 | Rides program that meets the following criteria: | ||||||
4 | (1) the program is sponsored by the Boy Scouts of | ||||||
5 | America or another national public service organization; | ||||||
6 | and | ||||||
7 | (2) the sponsoring organization carries liability | ||||||
8 | insurance covering the program. | ||||||
9 | (a-3) If a graduated driver's license holder over the age | ||||||
10 | of 18 committed an offense against traffic regulations | ||||||
11 | governing the movement of vehicles or any violation of Section | ||||||
12 | 6-107 or Section 12-603.1 of this Code in the 6 months prior to | ||||||
13 | the graduated driver's license holder's 18th birthday, and was | ||||||
14 | subsequently convicted of the offense, the provisions of | ||||||
15 | subsection (a-1) shall continue to apply until such time as a | ||||||
16 | period of 6 consecutive months has elapsed without an | ||||||
17 | additional violation and subsequent conviction of an offense | ||||||
18 | against traffic regulations governing the movement of vehicles | ||||||
19 | or Section 6-107 or Section 12-603.1 of this Code.
| ||||||
20 | (a-4) If an applicant for a driver's license or | ||||||
21 | instruction permit has a current identification card issued by | ||||||
22 | the Secretary of State, the Secretary may require the | ||||||
23 | applicant to utilize the same residence address and name on | ||||||
24 | the identification card, driver's license, and instruction | ||||||
25 | permit records maintained by the Secretary. The Secretary may | ||||||
26 | promulgate rules to implement this provision. |
| |||||||
| |||||||
1 | (a-5) If an applicant for a driver's license is a judicial | ||||||
2 | officer , an official, or a peace officer, the applicant may | ||||||
3 | elect to have his or her office or work address listed on the | ||||||
4 | license instead of the applicant's residence or mailing | ||||||
5 | address. The Secretary of State shall adopt rules to implement | ||||||
6 | this subsection (a-5). For the purposes of this subsection | ||||||
7 | (a-5) : , | ||||||
8 | "Official" has the meaning ascribed to it in Section 5 of | ||||||
9 | the Public Official Privacy Act. | ||||||
10 | " Peace peace officer" means any person who by virtue of | ||||||
11 | his or her office or public employment is vested by law with a | ||||||
12 | duty to maintain public order or to make arrests for a | ||||||
13 | violation of any penal statute of this State, whether that | ||||||
14 | duty extends to all violations or is limited to specific | ||||||
15 | violations. | ||||||
16 | (b) Until the Secretary of State establishes a First | ||||||
17 | Person Consent organ and tissue donor registry under Section | ||||||
18 | 6-117 of this Code, the Secretary of State shall provide a | ||||||
19 | format on the reverse of
each driver's license issued which | ||||||
20 | the licensee may use to execute a document
of gift conforming | ||||||
21 | to the provisions of the Illinois Anatomical Gift Act.
The | ||||||
22 | format shall allow the licensee to indicate the gift intended, | ||||||
23 | whether
specific organs, any organ, or the entire body, and | ||||||
24 | shall accommodate the
signatures of the donor and 2 witnesses. | ||||||
25 | The Secretary shall also inform
each applicant or licensee of | ||||||
26 | this format, describe the procedure for its
execution, and may |
| |||||||
| |||||||
1 | offer the necessary witnesses; provided that in so doing,
the | ||||||
2 | Secretary shall advise the applicant or licensee that he or | ||||||
3 | she is
under no compulsion to execute a document of gift. A | ||||||
4 | brochure
explaining this method of executing an anatomical | ||||||
5 | gift document shall be given
to each applicant or licensee. | ||||||
6 | The brochure shall advise the applicant or
licensee that he or | ||||||
7 | she is under no compulsion to execute a document of
gift, and | ||||||
8 | that he or she may wish to consult with family, friends or | ||||||
9 | clergy
before doing so. The Secretary of State may undertake | ||||||
10 | additional efforts,
including education and awareness | ||||||
11 | activities, to promote organ and tissue
donation.
| ||||||
12 | (c) The Secretary of State shall designate on each | ||||||
13 | driver's license issued
a space where the licensee may place a | ||||||
14 | sticker or decal of the uniform
size as the Secretary may | ||||||
15 | specify, which sticker or decal may indicate in
appropriate | ||||||
16 | language that the owner of the license carries an Emergency
| ||||||
17 | Medical Information Card.
| ||||||
18 | The sticker may be provided by any person, hospital, | ||||||
19 | school,
medical group, or association interested in assisting | ||||||
20 | in implementing
the Emergency Medical Information Card, but | ||||||
21 | shall meet the specifications
as the Secretary may by rule or | ||||||
22 | regulation require.
| ||||||
23 | (d) The Secretary of State shall designate on each | ||||||
24 | driver's license issued
a space where the licensee may | ||||||
25 | indicate his blood type and RH factor.
| ||||||
26 | (e) The Secretary of State shall provide
that each |
| |||||||
| |||||||
1 | original or renewal driver's license issued to a licensee | ||||||
2 | under
21 years of age shall be of a distinct nature from those | ||||||
3 | driver's licenses
issued to individuals 21 years of age and | ||||||
4 | older. The color designated for
driver's licenses for | ||||||
5 | licensees under 21 years of age shall be at the
discretion of | ||||||
6 | the Secretary of State.
| ||||||
7 | (e-1) The Secretary shall provide that each driver's | ||||||
8 | license issued to a
person under the age of 21 displays the | ||||||
9 | date upon which the person becomes 18
years of age and the date | ||||||
10 | upon which the person becomes 21 years of age.
| ||||||
11 | (e-3) The General Assembly recognizes the need to identify | ||||||
12 | military veterans living in this State for the purpose of | ||||||
13 | ensuring that they receive all of the services and benefits to | ||||||
14 | which they are legally entitled, including healthcare, | ||||||
15 | education assistance, and job placement. To assist the State | ||||||
16 | in identifying these veterans and delivering these vital | ||||||
17 | services and benefits, the Secretary of State is authorized to | ||||||
18 | issue drivers' licenses with the word "veteran" appearing on | ||||||
19 | the face of the licenses. This authorization is predicated on | ||||||
20 | the unique status of veterans. The Secretary may not issue any | ||||||
21 | other driver's license which identifies an occupation, status, | ||||||
22 | affiliation, hobby, or other unique characteristics of the | ||||||
23 | license holder which is unrelated to the purpose of the | ||||||
24 | driver's license. | ||||||
25 | (e-5) Beginning on or before July 1, 2015, the Secretary | ||||||
26 | of State shall designate a space on each original or renewal |
| |||||||
| |||||||
1 | driver's license where, at the request of the applicant, the | ||||||
2 | word "veteran" shall be placed. The veteran designation shall | ||||||
3 | be available to a person identified as a veteran under | ||||||
4 | subsection (e) of Section 6-106 of this Code who was | ||||||
5 | discharged or separated under honorable conditions. | ||||||
6 | (f) The Secretary of State shall inform all Illinois | ||||||
7 | licensed
commercial motor vehicle operators of the | ||||||
8 | requirements of the Uniform
Commercial Driver License Act, | ||||||
9 | Article V of this Chapter, and shall make
provisions to insure | ||||||
10 | that all drivers, seeking to obtain a commercial
driver's | ||||||
11 | license, be afforded an opportunity prior to April 1, 1992, to
| ||||||
12 | obtain the license. The Secretary is authorized to extend
| ||||||
13 | driver's license expiration dates, and assign specific times, | ||||||
14 | dates and
locations where these commercial driver's tests | ||||||
15 | shall be conducted. Any
applicant, regardless of the current | ||||||
16 | expiration date of the applicant's
driver's license, may be | ||||||
17 | subject to any assignment by the Secretary.
Failure to comply | ||||||
18 | with the Secretary's assignment may result in the
applicant's | ||||||
19 | forfeiture of an opportunity to receive a commercial driver's
| ||||||
20 | license prior to April 1, 1992.
| ||||||
21 | (g) The Secretary of State shall designate on a
driver's | ||||||
22 | license issued, a space where the licensee may indicate that | ||||||
23 | he or
she has drafted a living will in accordance with the | ||||||
24 | Illinois Living Will
Act or a durable power of attorney for | ||||||
25 | health care in accordance with the
Illinois Power of Attorney | ||||||
26 | Act.
|
| |||||||
| |||||||
1 | (g-1) The Secretary of State, in his or her discretion, | ||||||
2 | may designate on
each driver's license issued a space where | ||||||
3 | the licensee 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 | owner of the
license has renewed his or her driver's license.
| ||||||
7 | (h) A person who acts in good faith in accordance with the | ||||||
8 | terms of
this Section is not liable for damages in any civil | ||||||
9 | action or subject to
prosecution in any criminal proceeding | ||||||
10 | for his or her act.
| ||||||
11 | (Source: P.A. 97-263, eff. 8-5-11; 97-739, eff. 1-1-13; | ||||||
12 | 97-847, eff. 1-1-13; 97-1127, eff. 1-1-13; 98-323, eff. | ||||||
13 | 1-1-14; 98-463, eff. 8-16-13.)
| ||||||
14 | Section 995. No acceleration or delay. Where this Act | ||||||
15 | makes changes in a statute that is represented in this Act by | ||||||
16 | text that is not yet or no longer in effect (for example, a | ||||||
17 | Section represented by multiple versions), the use of that | ||||||
18 | text does not accelerate or delay the taking effect of (i) the | ||||||
19 | changes made by this Act or (ii) provisions derived from any | ||||||
20 | other Public Act.
| ||||||
21 | Section 999. Effective date. This Act takes effect upon | ||||||
22 | becoming law.
|