HB5608 97TH GENERAL ASSEMBLY


 


 
97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB5608

 

Introduced 2/15/2012, by Rep. Michael Unes

 

SYNOPSIS AS INTRODUCED:
 
15 ILCS 335/4  from Ch. 124, par. 24
15 ILCS 335/5  from Ch. 124, par. 25
15 ILCS 335/11  from Ch. 124, par. 31
625 ILCS 5/2-123  from Ch. 95 1/2, par. 2-123
625 ILCS 5/6-106  from Ch. 95 1/2, par. 6-106
625 ILCS 5/6-110  from Ch. 95 1/2, par. 6-110

    Amends the Illinois Identification Card Act and Illinois Vehicle Code to provide that: the Secretary of State must inquire as to whether an applicant for a State identification card or driver's license is a veteran for purposes of issuing a State identification card or driver's license with a veteran designation; the Secretary shall determine by rule what forms of proof of a person's status as a veteran are acceptable; and the Secretary may disclose an individual's social security number or associated information to the Illinois Department of Veterans' Affairs for the purpose of confirming veteran status. Defines "veteran" and other terms. Effective January 1, 2013.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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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 Sections 4, 5, and 11 as follows:
 
6    (15 ILCS 335/4)  (from Ch. 124, par. 24)
7    Sec. 4. Identification Card.
8    (a) The Secretary of State shall issue a standard Illinois
9Identification Card to any natural person who is a resident of
10the State of Illinois who applies for such card, or renewal
11thereof, or who applies for a standard Illinois Identification
12Card upon release as a committed person on parole, mandatory
13supervised release, final discharge, or pardon from the
14Department of Corrections by submitting an identification card
15issued by the Department of Corrections under Section 3-14-1 of
16the Unified Code of Corrections, together with the prescribed
17fees. No identification card shall be issued to any person who
18holds a valid foreign state identification card, license, or
19permit unless the person first surrenders to the Secretary of
20State the valid foreign state identification card, license, or
21permit. The card shall be prepared and supplied by the
22Secretary of State and shall include a photograph and signature
23or mark of the applicant. However, the Secretary of State may

 

 

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1provide by rule for the issuance of Illinois Identification
2Cards without photographs if the applicant has a bona fide
3religious objection to being photographed or to the display of
4his or her photograph. The Illinois Identification Card may be
5used for identification purposes in any lawful situation only
6by the person to whom it was issued. As used in this Act,
7"photograph" means any color photograph or digitally produced
8and captured image of an applicant for an identification card.
9As used in this Act, "signature" means the name of a person as
10written by that person and captured in a manner acceptable to
11the Secretary of State.
12    (a-5) If an applicant for an identification card has a
13current driver's license or instruction permit issued by the
14Secretary of State, the Secretary may require the applicant to
15utilize the same residence address and name on the
16identification card, driver's license, and instruction permit
17records maintained by the Secretary. The Secretary may
18promulgate rules to implement this provision.
19    (b) The Secretary of State shall issue a special Illinois
20Identification Card, which shall be known as an Illinois
21Disabled Person Identification Card, to any natural person who
22is a resident of the State of Illinois, who is a disabled
23person as defined in Section 4A of this Act, who applies for
24such card, or renewal thereof. No Disabled Person
25Identification Card shall be issued to any person who holds a
26valid foreign state identification card, license, or permit

 

 

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

 

 

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1physician's determination of disability, a determination of
2disability from a physician assistant who has been delegated
3the authority to make this determination by his or her
4supervising physician, a determination of disability from an
5advanced practice nurse who has a written collaborative
6agreement with a collaborating physician that authorizes the
7advanced practice nurse to make this determination, or any
8other documentation of disability whenever any State law
9requires that a disabled person provide such documentation of
10disability, however an Illinois Disabled Person Identification
11Card shall not qualify the cardholder to participate in any
12program or to receive any benefit which is not available to all
13persons with like disabilities. Notwithstanding any other
14provisions of law, an Illinois Disabled Person Identification
15Card, or evidence that the Secretary of State has issued an
16Illinois Disabled Person Identification Card, shall not be used
17by any person other than the person named on such card to prove
18that the person named on such card is a disabled person or for
19any other purpose unless the card is used for the benefit of
20the person named on such card, and the person named on such
21card consents to such use at the time the card is so used.
22    An optometrist's determination of a visual disability
23under Section 4A of this Act is acceptable as documentation for
24the purpose of issuing an Illinois Disabled Person
25Identification Card.
26    When medical information is contained on an Illinois

 

 

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1Disabled Person Identification Card, the Office of the
2Secretary of State shall not be liable for any actions taken
3based upon that medical information.
4    (c) Beginning January 1, 1986, the Secretary of State shall
5provide that each original or renewal Illinois Identification
6Card or Illinois Disabled Person Identification Card issued to
7a person under the age of 21, shall be of a distinct nature
8from those Illinois Identification Cards or Illinois Disabled
9Person Identification Cards issued to individuals 21 years of
10age or older. The color designated for Illinois Identification
11Cards or Illinois Disabled Person Identification Cards for
12persons under the age of 21 shall be at the discretion of the
13Secretary of State.
14    (c-1) Beginning January 1, 2003, each original or renewal
15Illinois Identification Card or Illinois Disabled Person
16Identification Card issued to a person under the age of 21
17shall display the date upon which the person becomes 18 years
18of age and the date upon which the person becomes 21 years of
19age.
20    (c-5) The Secretary of State shall designate a space on
21each original or renewal identification card where, at the
22request of the applicant, the word "veteran" shall be placed.
23The veteran designation shall be available to a person
24identified as a veteran under subsection (b) of Section 5 of
25this Act who was discharged or separated under honorable
26conditions.

 

 

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1    (d) The Secretary of State may issue a Senior Citizen
2discount card, to any natural person who is a resident of the
3State of Illinois who is 60 years of age or older and who
4applies for such a card or renewal thereof. The Secretary of
5State shall charge no fee to issue such card. The card shall be
6issued in every county and applications shall be made available
7at, but not limited to, nutrition sites, senior citizen centers
8and Area Agencies on Aging. The applicant, upon receipt of such
9card and prior to its use for any purpose, shall have affixed
10thereon in the space provided therefor his signature or mark.
11    (e) The Secretary of State, in his or her discretion, may
12designate on each Illinois Identification Card or Illinois
13Disabled Person Identification Card a space where the card
14holder may place a sticker or decal, issued by the Secretary of
15State, of uniform size as the Secretary may specify, that shall
16indicate in appropriate language that the card holder has
17renewed his or her Illinois Identification Card or Illinois
18Disabled Person Identification Card.
19(Source: P.A. 96-146, eff. 1-1-10; 96-328, eff. 8-11-09;
2096-1231, eff. 7-23-10; 97-371, eff. 1-1-12.)
 
21    (15 ILCS 335/5)  (from Ch. 124, par. 25)
22    Sec. 5. Applications.
23    (a) Any natural person who is a resident of the State of
24Illinois, may file an application for an identification card or
25for the renewal thereof, in a manner prescribed by the

 

 

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1Secretary. Each original application shall be completed by the
2applicant in full and shall set forth the legal name, residence
3address and zip code, social security number, birth date, sex
4and a brief description of the applicant. The applicant shall
5be photographed, unless the Secretary of State has provided by
6rule for the issuance of identification cards without
7photographs and the applicant is deemed eligible for an
8identification card without a photograph under the terms and
9conditions imposed by the Secretary of State, and he or she
10shall also submit any other information as the Secretary may
11deem necessary or such documentation as the Secretary may
12require to determine the identity of the applicant. In addition
13to the residence address, the Secretary may allow the applicant
14to provide a mailing address. An applicant for a disabled
15persons card must also submit with each original or renewal
16application, on forms prescribed by the Secretary, such
17documentation as the Secretary may require, establishing that
18the applicant is a "disabled person" as defined in Section 4A
19of this Act, and setting forth the applicant's type and class
20of disability as set forth in Section 4A of this Act.
21    (b) For each original or renewal identification card
22application under this Act, the Secretary shall inquire as to
23whether the applicant is a veteran for purposes of issuing an
24identification card with a veteran designation under
25subsection (c-5) of Section 4 of this Act. The acceptable forms
26of proof shall include, but are not limited to, Department of

 

 

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1Defense form DD-214. The Secretary shall determine by rule what
2other forms of proof of a person's status as a veteran are
3acceptable.
4    For purposes of this subsection (b):
5    "Active duty" means active duty under an executive order of
6the President of the United States, an Act of the Congress of
7the United States, or an order of the Governor.
8    "Armed forces" means any of the Armed Forces of the United
9States, including a member of any reserve component or National
10Guard unit called to active duty.
11    "Veteran" means a person who has served on active duty in
12the armed forces and was discharged or separated under
13honorable conditions.
14(Source: P.A. 96-1231, eff. 7-23-10; 97-371, eff. 1-1-12.)
 
15    (15 ILCS 335/11)  (from Ch. 124, par. 31)
16    Sec. 11. The Secretary may make a search of his records and
17furnish information as to whether a person has a current
18Standard Illinois Identification Card or an Illinois Disabled
19Person Identification Card then on file, upon receipt of a
20written application therefor accompanied with the prescribed
21fee. However, the Secretary may not disclose medical
22information concerning an individual to any person, public
23agency, private agency, corporation or governmental body
24unless the individual has submitted a written request for the
25information or unless the individual has given prior written

 

 

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1consent for the release of the information to a specific person
2or entity. This exception shall not apply to: (1) offices and
3employees of the Secretary who have a need to know the medical
4information in performance of their official duties, or (2)
5orders of a court of competent jurisdiction. When medical
6information is disclosed by the Secretary in accordance with
7the provisions of this Section, no liability shall rest with
8the Office of the Secretary of State as the information is
9released for informational purposes only.
10    The Secretary may release personally identifying
11information or highly restricted personal information only to:
12        (1) officers and employees of the Secretary who have a
13    need to know that information;
14        (2) other governmental agencies for use in their
15    official governmental functions;
16        (3) law enforcement agencies that need the information
17    for a criminal or civil investigation; or
18        (4) any entity that the Secretary has authorized, by
19    rule, to receive this information.
20    The Secretary may not disclose an individual's social
21security number or any associated information obtained from the
22Social Security Administration without the written request or
23consent of the individual except: (i) to officers and employees
24of the Secretary who have a need to know the social security
25number in the performance of their official duties; (ii) to law
26enforcement officials for a lawful civil or criminal law

 

 

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1enforcement investigation if the head of the law enforcement
2agency has made a written request to the Secretary specifying
3the law enforcement investigation for which the social security
4number is being sought; or (iii) under a lawful court order
5signed by a judge; or (iv) to the Illinois Department of
6Veterans' Affairs for the purpose of confirming veteran status.
7(Source: P.A. 93-895, eff. 1-1-05.)
 
8    Section 10. The Illinois Vehicle Code is amended by
9changing Sections 2-123, 6-106, and 6-110 as follows:
 
10    (625 ILCS 5/2-123)  (from Ch. 95 1/2, par. 2-123)
11    Sec. 2-123. Sale and Distribution of Information.
12    (a) Except as otherwise provided in this Section, the
13Secretary may make the driver's license, vehicle and title
14registration lists, in part or in whole, and any statistical
15information derived from these lists available to local
16governments, elected state officials, state educational
17institutions, and all other governmental units of the State and
18Federal Government requesting them for governmental purposes.
19The Secretary shall require any such applicant for services to
20pay for the costs of furnishing such services and the use of
21the equipment involved, and in addition is empowered to
22establish prices and charges for the services so furnished and
23for the use of the electronic equipment utilized.
24    (b) The Secretary is further empowered to and he may, in

 

 

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1his discretion, furnish to any applicant, other than listed in
2subsection (a) of this Section, vehicle or driver data on a
3computer tape, disk, other electronic format or computer
4processable medium, or printout at a fixed fee of $250 for
5orders received before October 1, 2003 and $500 for orders
6received on or after October 1, 2003, in advance, and require
7in addition a further sufficient deposit based upon the
8Secretary of State's estimate of the total cost of the
9information requested and a charge of $25 for orders received
10before October 1, 2003 and $50 for orders received on or after
11October 1, 2003, per 1,000 units or part thereof identified or
12the actual cost, whichever is greater. The Secretary is
13authorized to refund any difference between the additional
14deposit and the actual cost of the request. This service shall
15not be in lieu of an abstract of a driver's record nor of a
16title or registration search. This service may be limited to
17entities purchasing a minimum number of records as required by
18administrative rule. The information sold pursuant to this
19subsection shall be the entire vehicle or driver data list, or
20part thereof. The information sold pursuant to this subsection
21shall not contain personally identifying information unless
22the information is to be used for one of the purposes
23identified in subsection (f-5) of this Section. Commercial
24purchasers of driver and vehicle record databases shall enter
25into a written agreement with the Secretary of State that
26includes disclosure of the commercial use of the information to

 

 

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1be purchased.
2    (b-1) The Secretary is further empowered to and may, in his
3or her discretion, furnish vehicle or driver data on a computer
4tape, disk, or other electronic format or computer processible
5medium, at no fee, to any State or local governmental agency
6that uses the information provided by the Secretary to transmit
7data back to the Secretary that enables the Secretary to
8maintain accurate driving records, including dispositions of
9traffic cases. This information may be provided without fee not
10more often than once every 6 months.
11    (c) Secretary of State may issue registration lists. The
12Secretary of State may compile a list of all registered
13vehicles. Each list of registered vehicles shall be arranged
14serially according to the registration numbers assigned to
15registered vehicles and may contain in addition the names and
16addresses of registered owners and a brief description of each
17vehicle including the serial or other identifying number
18thereof. Such compilation may be in such form as in the
19discretion of the Secretary of State may seem best for the
20purposes intended.
21    (d) The Secretary of State shall furnish no more than 2
22current available lists of such registrations to the sheriffs
23of all counties and to the chiefs of police of all cities and
24villages and towns of 2,000 population and over in this State
25at no cost. Additional copies may be purchased by the sheriffs
26or chiefs of police at the fee of $500 each or at the cost of

 

 

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1producing the list as determined by the Secretary of State.
2Such lists are to be used for governmental purposes only.
3    (e) (Blank).
4    (e-1) (Blank).
5    (f) The Secretary of State shall make a title or
6registration search of the records of his office and a written
7report on the same for any person, upon written application of
8such person, accompanied by a fee of $5 for each registration
9or title search. The written application shall set forth the
10intended use of the requested information. No fee shall be
11charged for a title or registration search, or for the
12certification thereof requested by a government agency. The
13report of the title or registration search shall not contain
14personally identifying information unless the request for a
15search was made for one of the purposes identified in
16subsection (f-5) of this Section. The report of the title or
17registration search shall not contain highly restricted
18personal information unless specifically authorized by this
19Code.
20    The Secretary of State shall certify a title or
21registration record upon written request. The fee for
22certification shall be $5 in addition to the fee required for a
23title or registration search. Certification shall be made under
24the signature of the Secretary of State and shall be
25authenticated by Seal of the Secretary of State.
26    The Secretary of State may notify the vehicle owner or

 

 

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1registrant of the request for purchase of his title or
2registration information as the Secretary deems appropriate.
3    No information shall be released to the requestor until
4expiration of a 10 day period. This 10 day period shall not
5apply to requests for information made by law enforcement
6officials, government agencies, financial institutions,
7attorneys, insurers, employers, automobile associated
8businesses, persons licensed as a private detective or firms
9licensed as a private detective agency under the Private
10Detective, Private Alarm, Private Security, Fingerprint
11Vendor, and Locksmith Act of 2004, who are employed by or are
12acting on behalf of law enforcement officials, government
13agencies, financial institutions, attorneys, insurers,
14employers, automobile associated businesses, and other
15business entities for purposes consistent with the Illinois
16Vehicle Code, the vehicle owner or registrant or other entities
17as the Secretary may exempt by rule and regulation.
18    Any misrepresentation made by a requestor of title or
19vehicle information shall be punishable as a petty offense,
20except in the case of persons licensed as a private detective
21or firms licensed as a private detective agency which shall be
22subject to disciplinary sanctions under Section 40-10 of the
23Private Detective, Private Alarm, Private Security,
24Fingerprint Vendor, and Locksmith Act of 2004.
25    (f-5) The Secretary of State shall not disclose or
26otherwise make available to any person or entity any personally

 

 

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1identifying information obtained by the Secretary of State in
2connection with a driver's license, vehicle, or title
3registration record unless the information is disclosed for one
4of the following purposes:
5        (1) For use by any government agency, including any
6    court or law enforcement agency, in carrying out its
7    functions, or any private person or entity acting on behalf
8    of a federal, State, or local agency in carrying out its
9    functions.
10        (2) For use in connection with matters of motor vehicle
11    or driver safety and theft; motor vehicle emissions; motor
12    vehicle product alterations, recalls, or advisories;
13    performance monitoring of motor vehicles, motor vehicle
14    parts, and dealers; and removal of non-owner records from
15    the original owner records of motor vehicle manufacturers.
16        (3) For use in the normal course of business by a
17    legitimate business or its agents, employees, or
18    contractors, but only:
19            (A) to verify the accuracy of personal information
20        submitted by an individual to the business or its
21        agents, employees, or contractors; and
22            (B) if such information as so submitted is not
23        correct or is no longer correct, to obtain the correct
24        information, but only for the purposes of preventing
25        fraud by, pursuing legal remedies against, or
26        recovering on a debt or security interest against, the

 

 

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1        individual.
2        (4) For use in research activities and for use in
3    producing statistical reports, if the personally
4    identifying information is not published, redisclosed, or
5    used to contact individuals.
6        (5) For use in connection with any civil, criminal,
7    administrative, or arbitral proceeding in any federal,
8    State, or local court or agency or before any
9    self-regulatory body, including the service of process,
10    investigation in anticipation of litigation, and the
11    execution or enforcement of judgments and orders, or
12    pursuant to an order of a federal, State, or local court.
13        (6) For use by any insurer or insurance support
14    organization or by a self-insured entity or its agents,
15    employees, or contractors in connection with claims
16    investigation activities, antifraud activities, rating, or
17    underwriting.
18        (7) For use in providing notice to the owners of towed
19    or impounded vehicles.
20        (8) For use by any person licensed as a private
21    detective or firm licensed as a private detective agency
22    under the Private Detective, Private Alarm, Private
23    Security, Fingerprint Vendor, and Locksmith Act of 2004,
24    private investigative agency or security service licensed
25    in Illinois for any purpose permitted under this
26    subsection.

 

 

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1        (9) For use by an employer or its agent or insurer to
2    obtain or verify information relating to a holder of a
3    commercial driver's license that is required under chapter
4    313 of title 49 of the United States Code.
5        (10) For use in connection with the operation of
6    private toll transportation facilities.
7        (11) For use by any requester, if the requester
8    demonstrates it has obtained the written consent of the
9    individual to whom the information pertains.
10        (12) For use by members of the news media, as defined
11    in Section 1-148.5, for the purpose of newsgathering when
12    the request relates to the operation of a motor vehicle or
13    public safety.
14        (13) For any other use specifically authorized by law,
15    if that use is related to the operation of a motor vehicle
16    or public safety.
17    (f-6) The Secretary of State shall not disclose or
18otherwise make available to any person or entity any highly
19restricted personal information obtained by the Secretary of
20State in connection with a driver's license, vehicle, or title
21registration record unless specifically authorized by this
22Code.
23    (g) 1. The Secretary of State may, upon receipt of a
24    written request and a fee of $6 before October 1, 2003 and
25    a fee of $12 on and after October 1, 2003, furnish to the
26    person or agency so requesting a driver's record. Such

 

 

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1    document may include a record of: current driver's license
2    issuance information, except that the information on
3    judicial driving permits shall be available only as
4    otherwise provided by this Code; convictions; orders
5    entered revoking, suspending or cancelling a driver's
6    license or privilege; and notations of accident
7    involvement. All other information, unless otherwise
8    permitted by this Code, shall remain confidential.
9    Information released pursuant to a request for a driver's
10    record shall not contain personally identifying
11    information, unless the request for the driver's record was
12    made for one of the purposes set forth in subsection (f-5)
13    of this Section. The Secretary of State may, without fee,
14    allow a parent or guardian of a person under the age of 18
15    years, who holds an instruction permit or graduated
16    driver's license, to view that person's driving record
17    online, through a computer connection. The parent or
18    guardian's online access to the driving record will
19    terminate when the instruction permit or graduated
20    driver's license holder reaches the age of 18.
21        2. The Secretary of State shall not disclose or
22    otherwise make available to any person or entity any highly
23    restricted personal information obtained by the Secretary
24    of State in connection with a driver's license, vehicle, or
25    title registration record unless specifically authorized
26    by this Code. The Secretary of State may certify an

 

 

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1    abstract of a driver's record upon written request
2    therefor. Such certification shall be made under the
3    signature of the Secretary of State and shall be
4    authenticated by the Seal of his office.
5        3. All requests for driving record information shall be
6    made in a manner prescribed by the Secretary and shall set
7    forth the intended use of the requested information.
8        The Secretary of State may notify the affected driver
9    of the request for purchase of his driver's record as the
10    Secretary deems appropriate.
11        No information shall be released to the requester until
12    expiration of a 10 day period. This 10 day period shall not
13    apply to requests for information made by law enforcement
14    officials, government agencies, financial institutions,
15    attorneys, insurers, employers, automobile associated
16    businesses, persons licensed as a private detective or
17    firms licensed as a private detective agency under the
18    Private Detective, Private Alarm, Private Security,
19    Fingerprint Vendor, and Locksmith Act of 2004, who are
20    employed by or are acting on behalf of law enforcement
21    officials, government agencies, financial institutions,
22    attorneys, insurers, employers, automobile associated
23    businesses, and other business entities for purposes
24    consistent with the Illinois Vehicle Code, the affected
25    driver or other entities as the Secretary may exempt by
26    rule and regulation.

 

 

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1        Any misrepresentation made by a requestor of driver
2    information shall be punishable as a petty offense, except
3    in the case of persons licensed as a private detective or
4    firms licensed as a private detective agency which shall be
5    subject to disciplinary sanctions under Section 40-10 of
6    the Private Detective, Private Alarm, Private Security,
7    Fingerprint Vendor, and Locksmith Act of 2004.
8        4. The Secretary of State may furnish without fee, upon
9    the written request of a law enforcement agency, any
10    information from a driver's record on file with the
11    Secretary of State when such information is required in the
12    enforcement of this Code or any other law relating to the
13    operation of motor vehicles, including records of
14    dispositions; documented information involving the use of
15    a motor vehicle; whether such individual has, or previously
16    had, a driver's license; and the address and personal
17    description as reflected on said driver's record.
18        5. Except as otherwise provided in this Section, the
19    Secretary of State may furnish, without fee, information
20    from an individual driver's record on file, if a written
21    request therefor is submitted by any public transit system
22    or authority, public defender, law enforcement agency, a
23    state or federal agency, or an Illinois local
24    intergovernmental association, if the request is for the
25    purpose of a background check of applicants for employment
26    with the requesting agency, or for the purpose of an

 

 

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1    official investigation conducted by the agency, or to
2    determine a current address for the driver so public funds
3    can be recovered or paid to the driver, or for any other
4    purpose set forth in subsection (f-5) of this Section.
5        The Secretary may also furnish the courts a copy of an
6    abstract of a driver's record, without fee, subsequent to
7    an arrest for a violation of Section 11-501 or a similar
8    provision of a local ordinance. Such abstract may include
9    records of dispositions; documented information involving
10    the use of a motor vehicle as contained in the current
11    file; whether such individual has, or previously had, a
12    driver's license; and the address and personal description
13    as reflected on said driver's record.
14        6. Any certified abstract issued by the Secretary of
15    State or transmitted electronically by the Secretary of
16    State pursuant to this Section, to a court or on request of
17    a law enforcement agency, for the record of a named person
18    as to the status of the person's driver's license shall be
19    prima facie evidence of the facts therein stated and if the
20    name appearing in such abstract is the same as that of a
21    person named in an information or warrant, such abstract
22    shall be prima facie evidence that the person named in such
23    information or warrant is the same person as the person
24    named in such abstract and shall be admissible for any
25    prosecution under this Code and be admitted as proof of any
26    prior conviction or proof of records, notices, or orders

 

 

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1    recorded on individual driving records maintained by the
2    Secretary of State.
3        7. Subject to any restrictions contained in the
4    Juvenile Court Act of 1987, and upon receipt of a proper
5    request and a fee of $6 before October 1, 2003 and a fee of
6    $12 on or after October 1, 2003, the Secretary of State
7    shall provide a driver's record to the affected driver, or
8    the affected driver's attorney, upon verification. Such
9    record shall contain all the information referred to in
10    paragraph 1 of this subsection (g) plus: any recorded
11    accident involvement as a driver; information recorded
12    pursuant to subsection (e) of Section 6-117 and paragraph
13    (4) of subsection (a) of Section 6-204 of this Code. All
14    other information, unless otherwise permitted by this
15    Code, shall remain confidential.
16    (h) The Secretary shall not disclose social security
17numbers or any associated information obtained from the Social
18Security Administration except pursuant to a written request
19by, or with the prior written consent of, the individual
20except: (1) to officers and employees of the Secretary who have
21a need to know the social security numbers in performance of
22their official duties, (2) to law enforcement officials for a
23lawful, civil or criminal law enforcement investigation, and if
24the head of the law enforcement agency has made a written
25request to the Secretary specifying the law enforcement
26investigation for which the social security numbers are being

 

 

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1sought, (3) to the United States Department of Transportation,
2or any other State, pursuant to the administration and
3enforcement of the Commercial Motor Vehicle Safety Act of 1986,
4(4) pursuant to the order of a court of competent jurisdiction,
5(5) to the Department of Healthcare and Family Services
6(formerly Department of Public Aid) for utilization in the
7child support enforcement duties assigned to that Department
8under provisions of the Illinois Public Aid Code after the
9individual has received advanced meaningful notification of
10what redisclosure is sought by the Secretary in accordance with
11the federal Privacy Act, (5.5) to the Department of Healthcare
12and Family Services and the Department of Human Services solely
13for the purpose of verifying Illinois residency where such
14residency is an eligibility requirement for benefits under the
15Illinois Public Aid Code or any other health benefit program
16administered by the Department of Healthcare and Family
17Services or the Department of Human Services, or (6) to the
18Illinois Department of Revenue solely for use by the Department
19in the collection of any tax or debt that the Department of
20Revenue is authorized or required by law to collect, provided
21that the Department shall not disclose the social security
22number to any person or entity outside of the Department, or
23(7) to the Illinois Department of Veterans' Affairs for the
24purpose of confirming veteran status.
25    (i) (Blank).
26    (j) Medical statements or medical reports received in the

 

 

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1Secretary of State's Office shall be confidential. Except as
2provided in this Section, no confidential information may be
3open to public inspection or the contents disclosed to anyone,
4except officers and employees of the Secretary who have a need
5to know the information contained in the medical reports and
6the Driver License Medical Advisory Board, unless so directed
7by an order of a court of competent jurisdiction. If the
8Secretary receives a medical report regarding a driver that
9does not address a medical condition contained in a previous
10medical report, the Secretary may disclose the unaddressed
11medical condition to the driver or his or her physician, or
12both, solely for the purpose of submission of a medical report
13that addresses the condition.
14    (k) All fees collected under this Section shall be paid
15into the Road Fund of the State Treasury, except that (i) for
16fees collected before October 1, 2003, $3 of the $6 fee for a
17driver's record shall be paid into the Secretary of State
18Special Services Fund, (ii) for fees collected on and after
19October 1, 2003, of the $12 fee for a driver's record, $3 shall
20be paid into the Secretary of State Special Services Fund and
21$6 shall be paid into the General Revenue Fund, and (iii) for
22fees collected on and after October 1, 2003, 50% of the amounts
23collected pursuant to subsection (b) shall be paid into the
24General Revenue Fund.
25    (l) (Blank).
26    (m) Notations of accident involvement that may be disclosed

 

 

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1under this Section shall not include notations relating to
2damage to a vehicle or other property being transported by a
3tow truck. This information shall remain confidential,
4provided that nothing in this subsection (m) shall limit
5disclosure of any notification of accident involvement to any
6law enforcement agency or official.
7    (n) Requests made by the news media for driver's license,
8vehicle, or title registration information may be furnished
9without charge or at a reduced charge, as determined by the
10Secretary, when the specific purpose for requesting the
11documents is deemed to be in the public interest. Waiver or
12reduction of the fee is in the public interest if the principal
13purpose of the request is to access and disseminate information
14regarding the health, safety, and welfare or the legal rights
15of the general public and is not for the principal purpose of
16gaining a personal or commercial benefit. The information
17provided pursuant to this subsection shall not contain
18personally identifying information unless the information is
19to be used for one of the purposes identified in subsection
20(f-5) of this Section.
21    (o) The redisclosure of personally identifying information
22obtained pursuant to this Section is prohibited, except to the
23extent necessary to effectuate the purpose for which the
24original disclosure of the information was permitted.
25    (p) The Secretary of State is empowered to adopt rules to
26effectuate this Section.

 

 

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1(Source: P.A. 96-1383, eff. 1-1-11; 96-1501, eff. 1-25-11;
297-229, eff. 7-28-11.)
 
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 Act shall be made upon a form furnished
7by 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 1 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. The application
24form may also require the statement of such additional relevant
25information as the Secretary of State shall deem necessary to

 

 

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1determine the applicant's competency and eligibility. The
2Secretary of State may, in his discretion, by rule or
3regulation, provide that an application for a drivers license
4or permit may include a suitable photograph of the applicant in
5the form prescribed by the Secretary, and he may further
6provide that each drivers license shall include a photograph of
7the driver. The Secretary of State may utilize a photograph
8process or system most suitable to deter alteration or improper
9reproduction of a drivers license and to prevent substitution
10of another photo thereon.
11    (c) The application form shall include a notice to the
12applicant of the registration obligations of sex offenders
13under the Sex Offender Registration Act. The notice shall be
14provided in a form and manner prescribed by the Secretary of
15State. For purposes of this subsection (c), "sex offender" has
16the meaning ascribed to it in Section 2 of the Sex Offender
17Registration Act.
18    (d) Any male United States citizen or immigrant who applies
19for any permit or license authorized to be issued under this
20Act or for a renewal of any permit or license, and who is at
21least 18 years of age but less than 26 years of age, must be
22registered in compliance with the requirements of the federal
23Military Selective Service Act. The Secretary of State must
24forward in an electronic format the necessary personal
25information regarding the applicants identified in this
26subsection (d) to the Selective Service System. The applicant's

 

 

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1signature on the application serves as an indication that the
2applicant either has already registered with the Selective
3Service System or that he is authorizing the Secretary to
4forward to the Selective Service System the necessary
5information for registration. The Secretary must notify the
6applicant at the time of application that his signature
7constitutes consent to registration with the Selective Service
8System, if he is not already registered.
9    (e) For each original or renewal driver's license
10application under this Act, the Secretary shall inquire as to
11whether the applicant is a veteran for purposes of issuing a
12driver's license with a veteran designation under subsection
13(e-5) of Section 6-110 of this Chapter. The acceptable forms of
14proof shall include, but are not limited to, Department of
15Defense form DD-214. The Secretary shall determine by rule what
16other forms of proof of a person's status as a veteran are
17acceptable.
18    For purposes of this subsection (e):
19    "Active duty" means active duty under an executive order of
20the President of the United States, an Act of the Congress of
21the United States, or an order of the Governor.
22    "Armed forces" means any of the Armed Forces of the United
23States, including a member of any reserve component or National
24Guard unit called to active duty.
25    "Veteran" means a person who has served on active duty in
26the armed forces and was discharged or separated under

 

 

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1honorable conditions.
2(Source: P.A. 96-1231, eff. 7-23-10; 97-263, eff. 8-5-11.)
 
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
6applicant a driver's license as applied for, which license
7shall bear a distinguishing number assigned to the licensee,
8the legal name, signature, zip code, date of birth, residence
9address, and a brief description of the licensee.
10    Licenses issued shall also indicate the classification and
11the restrictions under Section 6-104 of this Code.
12    A driver's license issued may, in the discretion of the
13Secretary, include a suitable photograph of a type prescribed
14by the Secretary.
15    (a-1) If the licensee is less than 18 years of age, unless
16one of the exceptions in subsection (a-2) apply, the license
17shall, as a matter of law, be invalid for the operation of any
18motor vehicle during the following times:
19        (A) Between 11:00 p.m. Friday and 6:00 a.m. Saturday;
20        (B) Between 11:00 p.m. Saturday and 6:00 a.m. on
21    Sunday; and
22        (C) Between 10:00 p.m. on Sunday to Thursday,
23    inclusive, and 6:00 a.m. on the following day.
24    (a-2) The driver's license of a person under the age of 18
25shall not be invalid as described in subsection (a-1) of this

 

 

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1Section if the licensee under the age of 18 was:
2        (1) accompanied by the licensee's parent or guardian or
3    other person in custody or control of the minor;
4        (2) on an errand at the direction of the minor's parent
5    or guardian, without any detour or stop;
6        (3) in a motor vehicle involved in interstate travel;
7        (4) going to or returning home from an employment
8    activity, without any detour or stop;
9        (5) involved in an emergency;
10        (6) going to or returning home from, without any detour
11    or stop, an official school, religious, or other
12    recreational activity supervised by adults and sponsored
13    by a government or governmental agency, a civic
14    organization, or another similar entity that takes
15    responsibility for the licensee, without any detour or
16    stop;
17        (7) exercising First Amendment rights protected by the
18    United States Constitution, such as the free exercise of
19    religion, freedom of speech, and the right of assembly; or
20        (8) married or had been married or is an emancipated
21    minor under the Emancipation of Minors Act.
22    (a-2.5) The driver's license of a person who is 17 years of
23age and has been licensed for at least 12 months is not invalid
24as described in subsection (a-1) of this Section while the
25licensee is participating as an assigned driver in a Safe Rides
26program that meets the following criteria:

 

 

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1        (1) the program is sponsored by the Boy Scouts of
2    America or another national public service organization;
3    and
4        (2) the sponsoring organization carries liability
5    insurance covering the program.
6    (a-3) If a graduated driver's license holder over the age
7of 18 committed an offense against traffic regulations
8governing the movement of vehicles or any violation of Section
96-107 or Section 12-603.1 of this Code in the 6 months prior to
10the graduated driver's license holder's 18th birthday, and was
11subsequently convicted of the offense, the provisions of
12subsection (a-1) shall continue to apply until such time as a
13period of 6 consecutive months has elapsed without an
14additional violation and subsequent conviction of an offense
15against traffic regulations governing the movement of vehicles
16or Section 6-107 or Section 12-603.1 of this Code.
17    (a-4) If an applicant for a driver's license or instruction
18permit has a current identification card issued by the
19Secretary of State, the Secretary may require the applicant to
20utilize the same residence address and name on the
21identification card, driver's license, and instruction permit
22records maintained by the Secretary. The Secretary may
23promulgate rules to implement this provision.
24    (b) Until the Secretary of State establishes a First Person
25Consent organ and tissue donor registry under Section 6-117 of
26this Code, the Secretary of State shall provide a format on the

 

 

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

 

 

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1school, medical group, or association interested in assisting
2in implementing the Emergency Medical Information Card, but
3shall meet the specifications as the Secretary may by rule or
4regulation require.
5    (d) The Secretary of State shall designate on each driver's
6license issued a space where the licensee may indicate his
7blood type and RH factor.
8    (e) The Secretary of State shall provide that each original
9or renewal driver's license issued to a licensee under 21 years
10of age shall be of a distinct nature from those driver's
11licenses issued to individuals 21 years of age and older. The
12color designated for driver's licenses for licensees under 21
13years of age shall be at the discretion of the Secretary of
14State.
15    (e-1) The Secretary shall provide that each driver's
16license issued to a person under the age of 21 displays the
17date upon which the person becomes 18 years of age and the date
18upon which the person becomes 21 years of age.
19    (e-5) The Secretary of State shall designate a space on
20each original or renewal driver's license where, at the request
21of the applicant, the word "veteran" shall be placed. The
22veteran designation shall be available to a person identified
23as a veteran under subsection (e) of paragraph 6-106 of this
24Chapter who was discharged or separated under honorable
25conditions.
26    (f) The Secretary of State shall inform all Illinois

 

 

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1licensed commercial motor vehicle operators of the
2requirements of the Uniform Commercial Driver License Act,
3Article V of this Chapter, and shall make provisions to insure
4that all drivers, seeking to obtain a commercial driver's
5license, be afforded an opportunity prior to April 1, 1992, to
6obtain the license. The Secretary is authorized to extend
7driver's license expiration dates, and assign specific times,
8dates and locations where these commercial driver's tests shall
9be conducted. Any applicant, regardless of the current
10expiration date of the applicant's driver's license, may be
11subject to any assignment by the Secretary. Failure to comply
12with the Secretary's assignment may result in the applicant's
13forfeiture of an opportunity to receive a commercial driver's
14license prior to April 1, 1992.
15    (g) The Secretary of State shall designate on a driver's
16license issued, a space where the licensee may indicate that he
17or she has drafted a living will in accordance with the
18Illinois Living Will Act or a durable power of attorney for
19health care in accordance with the Illinois Power of Attorney
20Act.
21    (g-1) The Secretary of State, in his or her discretion, may
22designate on each driver's license issued a space where the
23licensee may place a sticker or decal, issued by the Secretary
24of State, of uniform size as the Secretary may specify, that
25shall indicate in appropriate language that the owner of the
26license has renewed his or her driver's license.

 

 

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1    (h) A person who acts in good faith in accordance with the
2terms of this Section is not liable for damages in any civil
3action or subject to prosecution in any criminal proceeding for
4his or her act.
5(Source: P.A. 96-607, eff. 8-24-09; 96-1231, eff. 7-23-10;
697-263, eff. 8-5-11.)
 
7    Section 99. Effective date. This Act takes effect January
81, 2013.