Illinois General Assembly - Full Text of SB0637
Illinois General Assembly

Previous General Assemblies

Full Text of SB0637  99th General Assembly

SB0637ham002 99TH GENERAL ASSEMBLY

Rep. Barbara Flynn Currie

Filed: 5/5/2016

 

 


 

 


 
09900SB0637ham002LRB099 03345 RJF 48333 a

1
AMENDMENT TO SENATE BILL 637

2    AMENDMENT NO. ______. Amend Senate Bill 637, AS AMENDED, by
3replacing everything after the enacting clause with the
4following:
 
5    "Section 5. The Illinois Identification Card Act is amended
6by 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
9Administrator.
10    (a) The Secretary of State is the Administrator of this
11Act, and he is charged with the duty of observing,
12administering and enforcing the provisions of this Act.
13    (b) The Secretary is vested with the powers and duties for
14the 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

 

 

09900SB0637ham002- 2 -LRB099 03345 RJF 48333 a

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

 

 

09900SB0637ham002- 3 -LRB099 03345 RJF 48333 a

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;
17revised 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
21Illinois may file an application for an identification card, or
22for the renewal thereof, in a manner prescribed by the
23Secretary. Each original application shall be completed by the
24applicant in full and shall set forth the legal name, residence
25address and zip code, social security number, birth date, sex

 

 

09900SB0637ham002- 4 -LRB099 03345 RJF 48333 a

1and a brief description of the applicant. The applicant shall
2be photographed, unless the Secretary of State has provided by
3rule for the issuance of identification cards without
4photographs and the applicant is deemed eligible for an
5identification card without a photograph under the terms and
6conditions imposed by the Secretary of State, and he or she
7shall also submit any other information as the Secretary may
8deem necessary or such documentation as the Secretary may
9require to determine the identity of the applicant. In addition
10to the residence address, the Secretary may allow the applicant
11to provide a mailing address. If the applicant is a judicial
12officer as defined in Section 1-10 of the Judicial Privacy Act
13or a peace officer, the applicant may elect to have his or her
14office or work address in lieu of the applicant's residence or
15mailing address. An applicant for an Illinois Person with a
16Disability Identification Card must also submit with each
17original or renewal application, on forms prescribed by the
18Secretary, such documentation as the Secretary may require,
19establishing that the applicant is a "person with a disability"
20as defined in Section 4A of this Act, and setting forth the
21applicant's type and class of disability as set forth in
22Section 4A of this Act. For the purposes of this subsection
23(a), "peace officer" means any person who by virtue of his or
24her office or public employment is vested by law with a duty to
25maintain public order or to make arrests for a violation of any
26penal statute of this State, whether that duty extends to all

 

 

09900SB0637ham002- 5 -LRB099 03345 RJF 48333 a

1violations or is limited to specific violations.
2    (b) Beginning on or before July 1, 2015, for each original
3or renewal identification card application under this Act, the
4Secretary shall inquire as to whether the applicant is a
5veteran for purposes of issuing an identification card with a
6veteran designation under subsection (c-5) of Section 4 of this
7Act. The acceptable forms of proof shall include, but are not
8limited to, Department of Defense form DD-214. The Secretary
9shall determine by rule what other forms of proof of a person's
10status as a veteran are acceptable.
11    The Illinois Department of Veterans' Affairs shall confirm
12the status of the applicant as an honorably discharged veteran
13before 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
16the President of the United States, an Act of the Congress of
17the United States, or an order of the Governor.
18    "Armed forces" means any of the Armed Forces of the United
19States, including a member of any reserve component or National
20Guard unit called to active duty.
21    "Veteran" means a person who has served on active duty in
22the armed forces and was discharged or separated under
23honorable conditions.
24    (c) Beginning July 1, 2017, all applicants for standard
25Illinois Identification Cards and Illinois Person with a
26Disability Identification Cards shall provide proof of lawful

 

 

09900SB0637ham002- 6 -LRB099 03345 RJF 48333 a

1status in the United States as defined in 6 CFR 37.3, as
2amended. Applicants who are unable to provide the Secretary
3with proof of lawful status are ineligible for identification
4cards under this Act.
5(Source: P.A. 97-371, eff. 1-1-12; 97-739, eff. 1-1-13; 97-847,
6eff. 1-1-13; 97-1064, eff. 1-1-13; 98-323, eff. 1-1-14; 98-463,
7eff. 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
23Every original, renewal, or duplicate: (i) identification card
24issued prior to July 1, 2017, to a person who has reached his
25or her 65th birthday shall be permanent and need not be

 

 

09900SB0637ham002- 7 -LRB099 03345 RJF 48333 a

1renewed; (ii) identification card issued on or after July 1,
22017, to a person who has reached his or her 65th birthday
3shall expire 8 years thereafter; (iii) and (ii) Illinois Person
4with a Disability Identification Card issued prior to July 1,
52017, to a qualifying person shall expire 10 years thereafter;
6and (iv) Illinois Person with a Disability Identification Card
7issued on or after July 1, 2017, shall expire 8 years
8thereafter. The Secretary of State shall promulgate rules
9setting forth the conditions and criteria for the renewal of
10all Illinois Person with a Disability Identification Cards.
11    (c) Beginning July 1, 2016, every identification card or
12Illinois Person with a Disability Identification Card issued
13under this Act to an applicant who is not a United States
14citizen shall expire on whichever is the earlier date of the
15following:
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
22changing 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

 

 

09900SB0637ham002- 8 -LRB099 03345 RJF 48333 a

1or granted permits. The Secretary of State shall not issue,
2renew, or allow the retention of any driver's license nor issue
3any 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

 

 

09900SB0637ham002- 9 -LRB099 03345 RJF 48333 a

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

 

 

09900SB0637ham002- 10 -LRB099 03345 RJF 48333 a

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

 

 

09900SB0637ham002- 11 -LRB099 03345 RJF 48333 a

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

 

 

09900SB0637ham002- 12 -LRB099 03345 RJF 48333 a

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

 

 

09900SB0637ham002- 13 -LRB099 03345 RJF 48333 a

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

 

 

09900SB0637ham002- 14 -LRB099 03345 RJF 48333 a

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
4information, if the information is required to be held
5confidential under the Juvenile Court Act of 1987.
6(Source: P.A. 98-167, eff. 7-1-14; 98-756, eff. 7-16-14;
799-173, 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
11to be issued under this Code shall be made upon a form
12furnished by the Secretary of State. Every application shall be
13accompanied by the proper fee and payment of such fee shall
14entitle the applicant to not more than 3 attempts to pass the
15examination within a period of one year after the date of
16application.
17    (b) Every application shall state the legal name, social
18security number, zip code, date of birth, sex, and residence
19address of the applicant; briefly describe the applicant; state
20whether the applicant has theretofore been licensed as a
21driver, and, if so, when and by what state or country, and
22whether any such license has ever been cancelled, suspended,
23revoked or refused, and, if so, the date and reason for such
24cancellation, suspension, revocation or refusal; shall include
25an affirmation by the applicant that all information set forth

 

 

09900SB0637ham002- 15 -LRB099 03345 RJF 48333 a

1is true and correct; and shall bear the applicant's signature.
2In addition to the residence address, the Secretary may allow
3the applicant to provide a mailing address. In the case of an
4applicant who is a judicial officer or peace officer, the
5Secretary may allow the applicant to provide an office or work
6address in lieu of a residence or mailing address. The
7application form may also require the statement of such
8additional relevant information as the Secretary of State shall
9deem necessary to determine the applicant's competency and
10eligibility. The Secretary of State may, in his discretion, by
11rule or regulation, provide that an application for a drivers
12license or permit may include a suitable photograph of the
13applicant in the form prescribed by the Secretary, and he may
14further provide that each drivers license shall include a
15photograph of the driver. The Secretary of State may utilize a
16photograph process or system most suitable to deter alteration
17or improper reproduction of a drivers license and to prevent
18substitution of another photo thereon. For the purposes of this
19subsection (b), "peace officer" means any person who by virtue
20of his or her office or public employment is vested by law with
21a duty to maintain public order or to make arrests for a
22violation of any penal statute of this State, whether that duty
23extends to all violations or is limited to specific violations.
24    (b-5) Beginning July 1, 2017, every applicant for a
25driver's license or permit shall provide proof of lawful status
26in the United States as defined in 6 CFR 37.3, as amended.

 

 

09900SB0637ham002- 16 -LRB099 03345 RJF 48333 a

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

 

 

09900SB0637ham002- 17 -LRB099 03345 RJF 48333 a

1System, if he is not already registered.
2    (e) Beginning on or before July 1, 2015, for each original
3or renewal driver's license application under this Code, the
4Secretary shall inquire as to whether the applicant is a
5veteran for purposes of issuing a driver's license with a
6veteran designation under subsection (e-5) of Section 6-110 of
7this Code. The acceptable forms of proof shall include, but are
8not limited to, Department of Defense form DD-214. The
9Secretary shall determine by rule what other forms of proof of
10a person's status as a veteran are acceptable.
11    The Illinois Department of Veterans' Affairs shall confirm
12the status of the applicant as an honorably discharged veteran
13before 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
16the President of the United States, an Act of the Congress of
17the United States, or an order of the Governor.
18    "Armed forces" means any of the Armed Forces of the United
19States, including a member of any reserve component or National
20Guard unit called to active duty.
21    "Veteran" means a person who has served on active duty in
22the armed forces and was discharged or separated under
23honorable conditions.
24(Source: P.A. 97-263, eff. 8-5-11; 97-739, eff. 1-1-13; 97-847,
25eff. 1-1-13; 98-323, eff. 1-1-14; 98-463, eff. 8-16-13; 98-756,
26eff. 7-16-14.)".