Full Text of SB0637 99th General Assembly
SB0637ham002 99TH GENERAL ASSEMBLY | Rep. Barbara Flynn Currie Filed: 5/5/2016
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| 1 | | AMENDMENT TO SENATE BILL 637
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 637, AS AMENDED, by | 3 | | replacing everything after the enacting clause with the | 4 | | following:
| 5 | | "Section 5. The Illinois Identification Card Act is amended | 6 | | by changing Sections 2, 5, and 8 as follows:
| 7 | | (15 ILCS 335/2) (from Ch. 124, par. 22)
| 8 | | Sec. 2. Administration and powers and duties of the | 9 | | Administrator. | 10 | | (a) The Secretary of State is the Administrator of this | 11 | | Act, and he is
charged with the duty of observing, | 12 | | administering and enforcing the
provisions of this Act.
| 13 | | (b) The Secretary is vested with the powers and duties for | 14 | | the
proper administration of this Act as follows:
| 15 | | 1. He shall organize the administration of this Act as | 16 | | he may deem
necessary and appoint such subordinate |
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| 1 | | officers, clerks and other
employees as may be necessary.
| 2 | | 2. From time to time, he may make, amend or rescind | 3 | | rules and
regulations as may be in the public interest to | 4 | | implement the Act.
| 5 | | 3. He may prescribe or provide suitable forms as | 6 | | necessary, including
such forms as are necessary to | 7 | | establish that an applicant for an Illinois
Person with a | 8 | | Disability Identification Card is a "person with a | 9 | | disability" as defined in
Section 4A of this Act, and | 10 | | establish that an applicant for a State identification card | 11 | | is a "homeless person" as defined in Section 1A of this | 12 | | Act.
| 13 | | 4. He may prepare under the seal of the Secretary of | 14 | | State certified
copies of any records utilized under this | 15 | | Act and any such certified
copy shall be admissible in any | 16 | | proceeding in any court in like manner
as the original | 17 | | thereof.
| 18 | | 5. Records compiled under this Act shall be maintained | 19 | | for 6 years,
but the Secretary may destroy such records | 20 | | with the prior approval of
the State Records Commission.
| 21 | | 6. He shall examine and determine the genuineness, | 22 | | regularity and
legality of every application filed with him | 23 | | under this Act, and he may
in all cases investigate the | 24 | | same, require additional information or
proof or | 25 | | documentation from any applicant.
| 26 | | 7. He shall require the payment of all fees prescribed |
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| 1 | | in this Act,
and all such fees received by him shall be | 2 | | placed in the Road Fund of the
State treasury except as | 3 | | otherwise provided in Section 12 of this Act. Whenever any | 4 | | application to the Secretary for an identification card | 5 | | under this Act is accompanied by any fee, as required by | 6 | | law, and the application is denied after a review of | 7 | | eligibility, which may include facial recognition | 8 | | comparison, the applicant shall not be entitled to a refund | 9 | | of any fees paid.
| 10 | | 8. Beginning July 1, 2017, he shall refuse to issue any | 11 | | identification card under this Act to any person who has | 12 | | been issued a driver's license under the Illinois Vehicle | 13 | | Code. Any such person may, at his or her discretion, | 14 | | surrender the driver's license in order to become eligible | 15 | | to obtain an identification card. | 16 | | (Source: P.A. 99-143, eff. 7-27-15; 99-305, eff. 1-1-16; | 17 | | revised 10-14-15.)
| 18 | | (15 ILCS 335/5) (from Ch. 124, par. 25)
| 19 | | Sec. 5. Applications. | 20 | | (a) Any natural person who is a resident of the
State of | 21 | | Illinois may file an application for an identification card, or | 22 | | for
the renewal thereof, in a manner prescribed by the | 23 | | Secretary. Each original application
shall be completed by the | 24 | | applicant in full and shall set forth the legal
name,
residence | 25 | | address and zip code, social security number, birth date, sex |
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| 1 | | and
a brief
description of the applicant. The applicant shall | 2 | | be photographed, unless the Secretary of State has provided by | 3 | | rule for the issuance of identification cards without | 4 | | photographs and the applicant is deemed eligible for an | 5 | | identification card without a photograph under the terms and | 6 | | conditions imposed by the Secretary of State, and he
or she | 7 | | shall also submit any other information as the Secretary may | 8 | | deem necessary
or such documentation as the Secretary may | 9 | | require to determine the
identity of the applicant. In addition | 10 | | to the residence address, the Secretary may allow the applicant | 11 | | to provide a mailing address. If the applicant is a judicial | 12 | | officer as defined in Section 1-10 of the Judicial Privacy Act | 13 | | or a peace officer, the applicant may elect to have his or her | 14 | | office or work address in lieu of the applicant's residence or | 15 | | mailing address. An applicant for an Illinois Person with a | 16 | | Disability Identification Card must
also submit with each | 17 | | original or renewal application, on forms prescribed
by the | 18 | | Secretary, such documentation as the Secretary may require,
| 19 | | establishing that the applicant is a "person with a disability" | 20 | | as defined in
Section 4A of this Act, and setting forth the | 21 | | applicant's type and class of
disability as set forth in | 22 | | Section 4A of this Act.
For the purposes of this subsection | 23 | | (a), "peace officer" means any person who by virtue of his or | 24 | | her office or public employment is vested by law with a duty to | 25 | | maintain public order or to make arrests for a violation of any | 26 | | penal statute of this State, whether that duty extends to all |
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| 1 | | violations or is limited to specific violations.
| 2 | | (b) Beginning on or before July 1, 2015, for each original | 3 | | or renewal identification card application under this Act, the | 4 | | Secretary shall inquire as to whether the applicant is a | 5 | | veteran for purposes of issuing an identification card with a | 6 | | veteran designation under subsection (c-5) of Section 4 of this | 7 | | Act. The acceptable forms of proof shall include, but are not | 8 | | limited to, Department of Defense form DD-214. The Secretary | 9 | | shall determine by rule what other forms of proof of a person's | 10 | | status as a veteran are acceptable. | 11 | | The Illinois Department of Veterans' Affairs shall confirm | 12 | | the status of the applicant as an honorably discharged veteran | 13 | | before the Secretary may issue the identification card. | 14 | | For purposes of this subsection (b): | 15 | | "Active duty" means active duty under an executive order of | 16 | | the President of the United States, an Act of the Congress of | 17 | | the United States, or an order of the Governor. | 18 | | "Armed forces" means any of the Armed Forces of the United | 19 | | States, including a member of any reserve component or National | 20 | | Guard unit called to active duty. | 21 | | "Veteran" means a person who has served on active duty in | 22 | | the armed forces and was discharged or separated under | 23 | | honorable conditions. | 24 | | (c) Beginning July 1, 2017, all applicants for standard | 25 | | Illinois Identification Cards and Illinois Person with a | 26 | | Disability Identification Cards shall provide proof of lawful |
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| 1 | | status in the United States as defined in 6 CFR 37.3, as | 2 | | amended. Applicants who are unable to provide the Secretary | 3 | | with proof of lawful status are ineligible for identification | 4 | | cards under this Act. | 5 | | (Source: P.A. 97-371, eff. 1-1-12; 97-739, eff. 1-1-13; 97-847, | 6 | | eff. 1-1-13; 97-1064, eff. 1-1-13; 98-323, eff. 1-1-14; 98-463, | 7 | | eff. 8-16-13.)
| 8 | | (15 ILCS 335/8) (from Ch. 124, par. 28)
| 9 | | Sec. 8. Expiration.
| 10 | | (a) Except as otherwise provided in this Section: | 11 | | (1) Every identification card issued hereunder,
except | 12 | | to persons who have reached their 15th birthday, but are | 13 | | not yet 21
years of age, persons who are 65 years of age or | 14 | | older, and persons who are
issued an Illinois Person with a | 15 | | Disability Identification Card, shall
expire 5 years from | 16 | | the ensuing birthday of the
applicant and a renewal
shall | 17 | | expire 5 years thereafter. | 18 | | (2) Every original or renewal identification
card | 19 | | issued to a person who has reached his or her 15th | 20 | | birthday, but is
not yet
21 years of age shall expire 3 | 21 | | months after the person's 21st birthday.
| 22 | | (b) Except as provided elsewhere in this Section, every | 23 | | Every original, renewal, or duplicate : (i) identification card | 24 | | issued prior to July 1, 2017,
to a
person who has reached his | 25 | | or her 65th birthday shall be permanent and need
not be |
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| 1 | | renewed ; (ii) identification card issued on or after July 1, | 2 | | 2017, to a person who has reached his or her 65th birthday | 3 | | shall expire 8 years thereafter; (iii) and (ii) Illinois Person | 4 | | with a Disability Identification Card issued prior to July 1, | 5 | | 2017, to a qualifying person shall expire 10 years
thereafter ; | 6 | | and (iv) Illinois Person with a Disability Identification Card | 7 | | issued on or after July 1, 2017, shall expire 8 years | 8 | | thereafter . The Secretary of State shall promulgate rules | 9 | | setting forth the
conditions and criteria for the renewal of | 10 | | all Illinois Person with a Disability Identification Cards.
| 11 | | (c) Beginning July 1, 2016, every identification card or | 12 | | Illinois Person with a Disability Identification Card issued | 13 | | under this Act to an applicant who is not a United States | 14 | | citizen shall expire on whichever is the earlier date of the | 15 | | following: | 16 | | (1) as provided under subsection (a) or (b) of this | 17 | | Section; or | 18 | | (2) on the date the applicant's authorized stay in the | 19 | | United States terminates. | 20 | | (Source: P.A. 99-305, eff. 1-1-16 .)
| 21 | | Section 10. The Illinois Vehicle Code is amended by | 22 | | changing Sections 6-103 and 6-106 as follows:
| 23 | | (625 ILCS 5/6-103) (from Ch. 95 1/2, par. 6-103)
| 24 | | Sec. 6-103. What persons shall not be licensed as drivers |
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| 1 | | or granted
permits. The Secretary of State shall not issue, | 2 | | renew, or
allow the retention of any driver's
license nor issue | 3 | | any permit under this Code:
| 4 | | 1. To any person, as a driver, who is under the age of | 5 | | 18 years except
as provided in Section 6-107, and except | 6 | | that an instruction permit may be
issued under Section | 7 | | 6-107.1 to a child who
is not less than 15 years of age if | 8 | | the child is enrolled in an approved
driver education | 9 | | course as defined in Section 1-103 of this Code and
| 10 | | requires an instruction permit to participate therein, | 11 | | except that an
instruction permit may be issued under the | 12 | | provisions of Section 6-107.1
to a child who is 17 years | 13 | | and 3 months of age without the child having
enrolled in an
| 14 | | approved driver education course and except that an
| 15 | | instruction permit may be issued to a child who is at least | 16 | | 15 years and 3
months of age, is enrolled in school, meets | 17 | | the educational requirements of
the Driver Education Act, | 18 | | and has passed examinations the Secretary of State in
his | 19 | | or her discretion may prescribe;
| 20 | | 1.5. To any person at least 18 years of age but less | 21 | | than 21 years of age unless the person has, in addition to | 22 | | any other requirements of this Code, successfully | 23 | | completed an adult driver education course as provided in | 24 | | Section 6-107.5 of this Code;
| 25 | | 2. To any person who is under the age of 18 as an | 26 | | operator of a motorcycle
other than a motor driven cycle |
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| 1 | | unless the person has, in addition to
meeting the | 2 | | provisions of Section 6-107 of this Code, successfully
| 3 | | completed a motorcycle
training course approved by the | 4 | | Illinois Department of Transportation and
successfully | 5 | | completes the required Secretary of State's motorcycle | 6 | | driver's
examination;
| 7 | | 3. To any person, as a driver, whose driver's license | 8 | | or permit has been
suspended, during the suspension, nor to | 9 | | any person whose driver's license or
permit has been | 10 | | revoked, except as provided in Sections 6-205, 6-206, and
| 11 | | 6-208;
| 12 | | 4. To any person, as a driver, who is a user of alcohol | 13 | | or any other
drug to a degree that renders the person | 14 | | incapable of safely driving a motor
vehicle;
| 15 | | 5. To any person, as a driver, who has previously been | 16 | | adjudged to be
afflicted with or suffering from any mental | 17 | | or physical disability or disease
and who has not at the | 18 | | time of application been restored to competency by the
| 19 | | methods provided by law;
| 20 | | 6. To any person, as a driver, who is required by the | 21 | | Secretary of State
to submit an alcohol and drug evaluation | 22 | | or take an examination provided
for in this Code unless the | 23 | | person has
successfully passed the examination and | 24 | | submitted any required evaluation;
| 25 | | 7. To any person who is required under the provisions | 26 | | of the laws of
this State to deposit security or proof of |
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| 1 | | financial responsibility and who
has not deposited the | 2 | | security or proof;
| 3 | | 8. To any person when the Secretary of State has good | 4 | | cause to believe
that the person by reason of physical or | 5 | | mental disability would not be
able to safely operate a | 6 | | motor vehicle upon the highways, unless the
person shall | 7 | | furnish to the Secretary of State a verified written
| 8 | | statement, acceptable to the Secretary of State, from a | 9 | | competent medical
specialist, a licensed physician | 10 | | assistant, or a licensed advanced practice nurse, to the | 11 | | effect that the operation of a motor vehicle by the
person | 12 | | would not be inimical to the public safety;
| 13 | | 9. To any person, as a driver, who is 69 years of age | 14 | | or older, unless
the person has successfully complied with | 15 | | the provisions of Section 6-109;
| 16 | | 10. To any person convicted, within 12 months of | 17 | | application for a
license, of any of the sexual offenses | 18 | | enumerated in paragraph 2 of subsection
(b) of Section | 19 | | 6-205;
| 20 | | 11. To any person who is under the age of 21 years with | 21 | | a classification
prohibited in paragraph (b) of Section | 22 | | 6-104 and to any person who is under
the age of 18 years | 23 | | with a classification prohibited in paragraph (c) of
| 24 | | Section 6-104;
| 25 | | 12. To any person who has been either convicted of or | 26 | | adjudicated under
the Juvenile Court Act of 1987 based upon |
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| 1 | | a violation of the Cannabis Control
Act, the Illinois | 2 | | Controlled Substances Act, or the Methamphetamine Control | 3 | | and Community Protection Act while that person was in | 4 | | actual
physical control of a motor vehicle. For purposes of | 5 | | this Section, any person
placed on probation under Section | 6 | | 10 of the Cannabis Control Act, Section 410
of the Illinois | 7 | | Controlled Substances Act, or Section 70 of the | 8 | | Methamphetamine Control and Community Protection Act shall | 9 | | not be considered convicted.
Any person found guilty of | 10 | | this offense, while in actual physical control of a
motor | 11 | | vehicle, shall have an entry made in the court record by | 12 | | the judge that
this offense did occur while the person was | 13 | | in actual physical control of a
motor vehicle and order the | 14 | | clerk of the court to report the violation to the
Secretary | 15 | | of State as such. The Secretary of State shall not issue a | 16 | | new
license or permit for a period of one year;
| 17 | | 13. To any person who is under the age of 18 years and | 18 | | who has committed
the offense
of operating a motor vehicle | 19 | | without a valid license or permit in violation of
Section | 20 | | 6-101 or a similar out of state offense;
| 21 | | 14. To any person who is
90 days or more
delinquent in | 22 | | court ordered child support
payments or has been | 23 | | adjudicated in arrears
in an amount equal to 90 days' | 24 | | obligation or more
and who has been found in contempt
of
| 25 | | court for failure to pay the support, subject to the | 26 | | requirements and
procedures of Article VII of Chapter 7 of
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| 1 | | the Illinois Vehicle Code;
| 2 | | 14.5. To any person certified by the Illinois | 3 | | Department of Healthcare and Family Services as being 90 | 4 | | days or more delinquent in payment of support under an | 5 | | order of support entered by a court or administrative body | 6 | | of this or any other State, subject to the requirements and | 7 | | procedures of Article VII of Chapter 7 of this Code | 8 | | regarding those certifications;
| 9 | | 15. To any person released from a term of imprisonment | 10 | | for violating
Section 9-3 of the Criminal Code of 1961 or | 11 | | the Criminal Code of 2012, or a similar provision of a law | 12 | | of another state relating to reckless homicide or for | 13 | | violating subparagraph (F) of paragraph (1) of subsection | 14 | | (d) of Section 11-501 of this Code relating to aggravated | 15 | | driving under the influence of alcohol, other drug or | 16 | | drugs, intoxicating compound or compounds, or any | 17 | | combination thereof, if the violation was the proximate | 18 | | cause of a death, within
24 months of release from a term | 19 | | of imprisonment;
| 20 | | 16. To any person who, with intent to influence any act | 21 | | related to the issuance of any driver's license or permit, | 22 | | by an employee of the Secretary of State's Office, or the | 23 | | owner or employee of any commercial driver training school | 24 | | licensed by the Secretary of State, or any other individual | 25 | | authorized by the laws of this State to give driving | 26 | | instructions or administer all or part of a driver's |
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| 1 | | license examination, promises or tenders to that person any | 2 | | property or personal advantage which that person is not | 3 | | authorized by law to accept. Any persons promising or | 4 | | tendering such property or personal advantage shall be | 5 | | disqualified from holding any class of driver's license or | 6 | | permit for 120 consecutive days. The Secretary of State | 7 | | shall establish by rule the procedures for implementing | 8 | | this period of disqualification and the procedures by which | 9 | | persons so disqualified may obtain administrative review | 10 | | of the decision to disqualify;
| 11 | | 17. To any person for whom the Secretary of State | 12 | | cannot verify the
accuracy of any information or | 13 | | documentation submitted in application for a
driver's | 14 | | license; or
| 15 | | 18. To any person who has been adjudicated under the | 16 | | Juvenile Court Act of 1987 based upon an offense that is | 17 | | determined by the court to have been committed in | 18 | | furtherance of the criminal activities of an organized | 19 | | gang, as provided in Section 5-710 of that Act, and that | 20 | | involved the operation or use of a motor vehicle or the use | 21 | | of a driver's license or permit. The person shall be denied | 22 | | a license or permit for the period determined by the court ; | 23 | | or .
| 24 | | 19. Beginning July 1, 2017, to any person who has been | 25 | | issued an identification card under the Illinois | 26 | | Identification Card Act. Any such person may, at his or her |
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| 1 | | discretion, surrender the identification card in order to | 2 | | become eligible to obtain a driver's license. | 3 | | The Secretary of State shall retain all conviction
| 4 | | information, if the information is required to be held | 5 | | confidential under
the Juvenile Court Act of 1987. | 6 | | (Source: P.A. 98-167, eff. 7-1-14; 98-756, eff. 7-16-14; | 7 | | 99-173, eff. 7-29-15.)
| 8 | | (625 ILCS 5/6-106) (from Ch. 95 1/2, par. 6-106)
| 9 | | Sec. 6-106. Application for license or instruction permit.
| 10 | | (a) Every application for any permit or license authorized | 11 | | to be issued
under this Code shall be made upon a form | 12 | | furnished by the Secretary of
State. Every application shall be | 13 | | accompanied by the proper fee and payment
of such fee shall | 14 | | entitle the applicant to not more than 3 attempts to pass
the | 15 | | examination within a period of one year after the date of | 16 | | application.
| 17 | | (b) Every application shall state the legal name, social | 18 | | security
number, zip
code, date of birth, sex, and residence | 19 | | address of the applicant; briefly
describe the applicant; state | 20 | | whether the applicant has theretofore been
licensed as a | 21 | | driver, and, if so, when and by what state or country, and
| 22 | | whether any such license has ever been cancelled, suspended, | 23 | | revoked or
refused, and, if so, the date and reason for such | 24 | | cancellation, suspension,
revocation or refusal; shall include | 25 | | an affirmation by the applicant that
all information set forth |
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| 1 | | is true and correct; and shall bear the
applicant's signature. | 2 | | In addition to the residence address, the Secretary may allow | 3 | | the applicant to provide a mailing address. In the case of an | 4 | | applicant who is a judicial officer or peace officer, the | 5 | | Secretary may allow the applicant to provide an office or work | 6 | | address in lieu of a residence or mailing address. The | 7 | | application form may
also require the statement of such | 8 | | additional relevant information as the
Secretary of State shall | 9 | | deem necessary to determine the applicant's
competency and | 10 | | eligibility. The Secretary of State may, in his
discretion, by | 11 | | rule or regulation, provide that an application for a
drivers | 12 | | license or permit may include a suitable photograph of the
| 13 | | applicant in the
form prescribed by the Secretary, and he may | 14 | | further provide that each
drivers license shall include a | 15 | | photograph of the driver. The Secretary of
State may utilize a | 16 | | photograph process or system most suitable to deter
alteration | 17 | | or improper reproduction of a drivers license and to prevent
| 18 | | substitution of another photo thereon.
For the purposes of this | 19 | | subsection (b), "peace officer" means any person who by virtue | 20 | | of his or her office or public employment is vested by law with | 21 | | a duty to maintain public order or to make arrests for a | 22 | | violation of any penal statute of this State, whether that duty | 23 | | extends to all violations or is limited to specific violations.
| 24 | | (b-5) Beginning July 1, 2017, every applicant for a | 25 | | driver's license or permit shall provide proof of lawful status | 26 | | in the United States as defined in 6 CFR 37.3, as amended. |
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| 1 | | Applicants who are unable to provide the Secretary with proof | 2 | | of lawful status may apply for a driver's license or permit | 3 | | under Section 6-105.1 of this Code. | 4 | | (c) The application form shall include a notice to the | 5 | | applicant of the
registration obligations of sex offenders | 6 | | under the Sex Offender Registration
Act. The notice shall be | 7 | | provided in a form and manner prescribed by the
Secretary of | 8 | | State. For purposes of this subsection (c), "sex offender" has
| 9 | | the meaning ascribed to it in Section 2 of the Sex Offender | 10 | | Registration Act.
| 11 | | (d) Any male United States citizen or immigrant who applies | 12 | | for any
permit or
license authorized to be issued under this | 13 | | Code or for a renewal of any permit
or
license,
and who is at | 14 | | least 18 years of age but less than 26 years of age, must be
| 15 | | registered in compliance with the requirements of the federal | 16 | | Military
Selective
Service Act.
The Secretary of State must | 17 | | forward in an electronic format the necessary
personal | 18 | | information regarding the applicants identified in this | 19 | | subsection (d)
to
the Selective Service System. The applicant's | 20 | | signature on the application
serves
as an indication that the | 21 | | applicant either has already registered with the
Selective
| 22 | | Service System or that he is authorizing the Secretary to | 23 | | forward to the
Selective
Service System the necessary | 24 | | information for registration. The Secretary must
notify the | 25 | | applicant at the time of application that his signature | 26 | | constitutes
consent to registration with the Selective Service |
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| 1 | | System, if he is not already
registered.
| 2 | | (e) Beginning on or before July 1, 2015, for each original | 3 | | or renewal driver's license application under this Code, the | 4 | | Secretary shall inquire as to whether the applicant is a | 5 | | veteran for purposes of issuing a driver's license with a | 6 | | veteran designation under subsection (e-5) of Section 6-110 of | 7 | | this Code. The acceptable forms of proof shall include, but are | 8 | | not limited to, Department of Defense form DD-214. The | 9 | | Secretary shall determine by rule what other forms of proof of | 10 | | a person's status as a veteran are acceptable. | 11 | | The Illinois Department of Veterans' Affairs shall confirm | 12 | | the status of the applicant as an honorably discharged veteran | 13 | | before the Secretary may issue the driver's license. | 14 | | For purposes of this subsection (e): | 15 | | "Active duty" means active duty under an executive order of | 16 | | the President of the United States, an Act of the Congress of | 17 | | the United States, or an order of the Governor. | 18 | | "Armed forces" means any of the Armed Forces of the United | 19 | | States, including a member of any reserve component or National | 20 | | Guard unit called to active duty. | 21 | | "Veteran" means a person who has served on active duty in | 22 | | the armed forces and was discharged or separated under | 23 | | honorable conditions. | 24 | | (Source: P.A. 97-263, eff. 8-5-11; 97-739, eff. 1-1-13; 97-847, | 25 | | eff. 1-1-13; 98-323, eff. 1-1-14; 98-463, eff. 8-16-13; 98-756, | 26 | | eff. 7-16-14.)".
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