Illinois General Assembly - Full Text of HB3536
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Full Text of HB3536  101st General Assembly

HB3536enr 101ST GENERAL ASSEMBLY

  
  
  

 


 
HB3536 EnrolledLRB101 10511 TAE 55617 b

1    AN ACT concerning the Secretary of State.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Identification Card Act is amended
5by changing Section 5 as follows:
 
6    (15 ILCS 335/5)  (from Ch. 124, par. 25)
7    Sec. 5. Applications.
8    (a) Any natural person who is a resident of the State of
9Illinois may file an application for an identification card, or
10for the renewal thereof, in a manner prescribed by the
11Secretary. Each original application shall be completed by the
12applicant in full and shall set forth the legal name, residence
13address and zip code, social security number, birth date, sex
14and a brief description of the applicant. The applicant shall
15be photographed, unless the Secretary of State has provided by
16rule for the issuance of identification cards without
17photographs and the applicant is deemed eligible for an
18identification card without a photograph under the terms and
19conditions imposed by the Secretary of State, and he or she
20shall also submit any other information as the Secretary may
21deem necessary or such documentation as the Secretary may
22require to determine the identity of the applicant. In addition
23to the residence address, the Secretary may allow the applicant

 

 

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1to provide a mailing address. If the applicant is a judicial
2officer as defined in Section 1-10 of the Judicial Privacy Act
3or a peace officer, the applicant may elect to have his or her
4office or work address in lieu of the applicant's residence or
5mailing address. An applicant for an Illinois Person with a
6Disability Identification Card must also submit with each
7original or renewal application, on forms prescribed by the
8Secretary, such documentation as the Secretary may require,
9establishing that the applicant is a "person with a disability"
10as defined in Section 4A of this Act, and setting forth the
11applicant's type and class of disability as set forth in
12Section 4A of this Act. For the purposes of this subsection
13(a), "peace officer" means any person who by virtue of his or
14her office or public employment is vested by law with a duty to
15maintain public order or to make arrests for a violation of any
16penal statute of this State, whether that duty extends to all
17violations or is limited to specific violations.
18    (b) Beginning on or before July 1, 2015, for each original
19or renewal identification card application under this Act, the
20Secretary shall inquire as to whether the applicant is a
21veteran for purposes of issuing an identification card with a
22veteran designation under subsection (c-5) of Section 4 of this
23Act. The acceptable forms of proof shall include, but are not
24limited to, Department of Defense form DD-214, Department of
25Defense form DD-256 for applicants who did not receive a form
26DD-214 upon the completion of initial basic training, or an

 

 

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1identification card issued under the federal Veterans
2Identification Card Act of 2015. If the document cannot be
3stamped, the Illinois Department of Veterans' Affairs shall
4provide a certificate to the veteran to provide to the
5Secretary of State. The Illinois Department of Veterans'
6Affairs shall advise the Secretary as to what other forms of
7proof of a person's status as a veteran are acceptable.
8    The Illinois Department of Veterans' Affairs shall confirm
9the status of the applicant as an honorably discharged veteran
10before the Secretary may issue the identification card.
11    For purposes of this subsection (b):
12    "Armed forces" means any of the Armed Forces of the United
13States, including a member of any reserve component or National
14Guard unit.
15    "Veteran" means a person who has served in the armed forces
16and was discharged or separated under honorable conditions.
17    (c) All applicants for REAL ID compliant standard Illinois
18Identification Cards and Illinois Person with a Disability
19Identification Cards shall provide proof of lawful status in
20the United States as defined in 6 CFR 37.3, as amended.
21Applicants who are unable to provide the Secretary with proof
22of lawful status are ineligible for REAL ID compliant
23identification cards under this Act.
24(Source: P.A. 99-511, eff. 1-1-17; 99-544, eff. 7-15-16;
25100-201, eff. 8-18-17; 100-248, eff. 8-22-17; 100-811, eff.
261-1-19.)
 

 

 

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1    Section 10. The Illinois Vehicle Code is amended by
2changing Section 6-106 as follows:
 
3    (625 ILCS 5/6-106)  (from Ch. 95 1/2, par. 6-106)
4    Sec. 6-106. Application for license or instruction permit.
5    (a) Every application for any permit or license authorized
6to be issued under this Code shall be made upon a form
7furnished by the Secretary of State. Every application shall be
8accompanied by the proper fee and payment of such fee shall
9entitle the applicant to not more than 3 attempts to pass the
10examination within a period of one year after the date of
11application.
12    (b) Every application shall state the legal name, social
13security number, zip code, date of birth, sex, and residence
14address of the applicant; briefly describe the applicant; state
15whether the applicant has theretofore been licensed as a
16driver, and, if so, when and by what state or country, and
17whether any such license has ever been cancelled, suspended,
18revoked or refused, and, if so, the date and reason for such
19cancellation, suspension, revocation or refusal; shall include
20an affirmation by the applicant that all information set forth
21is true and correct; and shall bear the applicant's signature.
22In addition to the residence address, the Secretary may allow
23the applicant to provide a mailing address. In the case of an
24applicant who is a judicial officer or peace officer, the

 

 

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1Secretary may allow the applicant to provide an office or work
2address in lieu of a residence or mailing address. The
3application form may also require the statement of such
4additional relevant information as the Secretary of State shall
5deem necessary to determine the applicant's competency and
6eligibility. The Secretary of State may, in his discretion, by
7rule or regulation, provide that an application for a drivers
8license or permit may include a suitable photograph of the
9applicant in the form prescribed by the Secretary, and he may
10further provide that each drivers license shall include a
11photograph of the driver. The Secretary of State may utilize a
12photograph process or system most suitable to deter alteration
13or improper reproduction of a drivers license and to prevent
14substitution of another photo thereon. For the purposes of this
15subsection (b), "peace officer" means any person who by virtue
16of his or her office or public employment is vested by law with
17a duty to maintain public order or to make arrests for a
18violation of any penal statute of this State, whether that duty
19extends to all violations or is limited to specific violations.
20    (b-5) Every applicant for a REAL ID compliant driver's
21license or permit shall provide proof of lawful status in the
22United States as defined in 6 CFR 37.3, as amended. Applicants
23who are unable to provide the Secretary with proof of lawful
24status may apply for a driver's license or permit under Section
256-105.1 of this Code.
26    (c) The application form shall include a notice to the

 

 

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

 

 

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1veteran for purposes of issuing a driver's license with a
2veteran designation under subsection (e-5) of Section 6-110 of
3this Code. The acceptable forms of proof shall include, but are
4not limited to, Department of Defense form DD-214, Department
5of Defense form DD-256 for applicants who did not receive a
6form DD-214 upon the completion of initial basic training, or
7an identification card issued under the federal Veterans
8Identification Card Act of 2015. If the document cannot be
9stamped, the Illinois Department of Veterans' Affairs shall
10provide a certificate to the veteran to provide to the
11Secretary of State. The Illinois Department of Veterans'
12Affairs shall advise the Secretary as to what other forms of
13proof of a person's status as a veteran are acceptable.
14    The Illinois Department of Veterans' Affairs shall confirm
15the status of the applicant as an honorably discharged veteran
16before the Secretary may issue the driver's license.
17    For purposes of this subsection (e):
18    "Armed forces" means any of the Armed Forces of the United
19States, including a member of any reserve component or National
20Guard unit.
21    "Veteran" means a person who has served in the armed forces
22and was discharged or separated under honorable conditions.
23(Source: P.A. 99-511, eff. 1-1-17; 99-544, eff. 7-15-16;
24100-201, eff. 8-18-17; 100-248, eff. 8-22-17; 100-811, eff.
251-1-19.)
 
26    Section 99. Effective date. This Act takes effect upon

 

 

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1becoming law.