Full Text of HB3534 101st General Assembly
HB3534enr 101ST GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Identification Card Act is amended | 5 | | by changing Section 5 as follows: | 6 | | (15 ILCS 335/5) (from Ch. 124, par. 25)
| 7 | | Sec. 5. Applications. | 8 | | (a) Any natural person who is a resident of the
State of | 9 | | Illinois may file an application for an identification card, or | 10 | | for
the renewal thereof, in a manner prescribed by the | 11 | | Secretary. Each original application
shall be completed by the | 12 | | applicant in full and shall set forth the legal
name,
residence | 13 | | address and zip code, social security number, birth date, sex | 14 | | and
a brief
description of the applicant. The applicant shall | 15 | | be photographed, unless the Secretary of State has provided by | 16 | | rule for the issuance of identification cards without | 17 | | photographs and the applicant is deemed eligible for an | 18 | | identification card without a photograph under the terms and | 19 | | conditions imposed by the Secretary of State, and he
or she | 20 | | shall also submit any other information as the Secretary may | 21 | | deem necessary
or such documentation as the Secretary may | 22 | | require to determine the
identity of the applicant. In addition | 23 | | to the residence address, the Secretary may allow the applicant |
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| 1 | | to provide a mailing address. If the applicant is a judicial | 2 | | officer as defined in Section 1-10 of the Judicial Privacy Act | 3 | | or a peace officer, the applicant may elect to have his or her | 4 | | office or work address in lieu of the applicant's residence or | 5 | | mailing address. An applicant for an Illinois Person with a | 6 | | Disability Identification Card must
also submit with each | 7 | | original or renewal application, on forms prescribed
by the | 8 | | Secretary, such documentation as the Secretary may require,
| 9 | | establishing that the applicant is a "person with a disability" | 10 | | as defined in
Section 4A of this Act, and setting forth the | 11 | | applicant's type and class of
disability as set forth in | 12 | | Section 4A of this Act.
For the purposes of this subsection | 13 | | (a), "peace officer" means any person who by virtue of his or | 14 | | her office or public employment is vested by law with a duty to | 15 | | maintain public order or to make arrests for a violation of any | 16 | | penal statute of this State, whether that duty extends to all | 17 | | violations or is limited to specific violations.
| 18 | | (a-5) Upon the first issuance of a request for proposals | 19 | | for a digital driver's license and identification card issuance | 20 | | and facial recognition system issued after the effective date | 21 | | of this amendatory Act of the 101st General Assembly, and upon | 22 | | implementation of a new or revised system procured pursuant to | 23 | | that request for proposals, the Secretary shall permit | 24 | | applicants to choose between "male", "female", or "non-binary" | 25 | | when designating the applicant's sex on the identification card | 26 | | application form. The sex designated by the applicant shall be |
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| 1 | | displayed on the identification card issued to the applicant. | 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 or an | 9 | | identification card issued under the federal Veterans | 10 | | Identification Card Act of 2015. If the document cannot be | 11 | | stamped, the Illinois Department of Veterans' Affairs shall | 12 | | provide a certificate to the veteran to provide to the | 13 | | Secretary of State. The Illinois Department of Veterans' | 14 | | Affairs shall advise the Secretary as to what other forms of | 15 | | proof of a person's status as a veteran are acceptable. | 16 | | The Illinois Department of Veterans' Affairs shall confirm | 17 | | the status of the applicant as an honorably discharged veteran | 18 | | before the Secretary may issue the identification card. | 19 | | For purposes of this subsection (b): | 20 | | "Armed forces" means any of the Armed Forces of the United | 21 | | States, including a member of any reserve component or National | 22 | | Guard unit. | 23 | | "Veteran" means a person who has served in the armed forces | 24 | | and was discharged or separated under honorable conditions. | 25 | | (c) All applicants for REAL ID compliant standard Illinois | 26 | | Identification Cards and Illinois Person with a Disability |
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| 1 | | Identification Cards shall provide proof of lawful status in | 2 | | the United States as defined in 6 CFR 37.3, as amended. | 3 | | Applicants who are unable to provide the Secretary with proof | 4 | | of lawful status are ineligible for REAL ID compliant | 5 | | identification cards under this Act. | 6 | | (Source: P.A. 99-511, eff. 1-1-17; 99-544, eff. 7-15-16; | 7 | | 100-201, eff. 8-18-17; 100-248, eff. 8-22-17; 100-811, eff. | 8 | | 1-1-19 .)
| 9 | | Section 10. The Illinois Vehicle Code is amended by | 10 | | changing Section 6-106 as follows:
| 11 | | (625 ILCS 5/6-106) (from Ch. 95 1/2, par. 6-106)
| 12 | | Sec. 6-106. Application for license or instruction permit.
| 13 | | (a) Every application for any permit or license authorized | 14 | | to be issued
under this Code shall be made upon a form | 15 | | furnished by the Secretary of
State. Every application shall be | 16 | | accompanied by the proper fee and payment
of such fee shall | 17 | | entitle the applicant to not more than 3 attempts to pass
the | 18 | | examination within a period of one year after the date of | 19 | | application.
| 20 | | (b) Every application shall state the legal name, social | 21 | | security
number, zip
code, date of birth, sex, and residence | 22 | | address of the applicant; briefly
describe the applicant; state | 23 | | whether the applicant has theretofore been
licensed as a | 24 | | driver, and, if so, when and by what state or country, and
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| 1 | | whether any such license has ever been cancelled, suspended, | 2 | | revoked or
refused, and, if so, the date and reason for such | 3 | | cancellation, suspension,
revocation or refusal; shall include | 4 | | an affirmation by the applicant that
all information set forth | 5 | | is true and correct; and shall bear the
applicant's signature. | 6 | | In addition to the residence address, the Secretary may allow | 7 | | the applicant to provide a mailing address. In the case of an | 8 | | applicant who is a judicial officer or peace officer, the | 9 | | Secretary may allow the applicant to provide an office or work | 10 | | address in lieu of a residence or mailing address. The | 11 | | application form may
also require the statement of such | 12 | | additional relevant information as the
Secretary of State shall | 13 | | deem necessary to determine the applicant's
competency and | 14 | | eligibility. The Secretary of State may, in his
discretion, by | 15 | | rule or regulation, provide that an application for a
drivers | 16 | | license or permit may include a suitable photograph of the
| 17 | | applicant in the
form prescribed by the Secretary, and he may | 18 | | further provide that each
drivers license shall include a | 19 | | photograph of the driver. The Secretary of
State may utilize a | 20 | | photograph process or system most suitable to deter
alteration | 21 | | or improper reproduction of a drivers license and to prevent
| 22 | | substitution of another photo thereon.
For the purposes of this | 23 | | subsection (b), "peace officer" means any person who by virtue | 24 | | of his or her office or public employment is vested by law with | 25 | | a duty to maintain public order or to make arrests for a | 26 | | violation of any penal statute of this State, whether that duty |
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| 1 | | extends to all violations or is limited to specific violations.
| 2 | | (b-3) Upon the first issuance of a request for proposals | 3 | | for a digital driver's license and identification card issuance | 4 | | and facial recognition system issued after the effective date | 5 | | of this amendatory Act of the 101st General Assembly, and upon | 6 | | implementation of a new or revised system procured pursuant to | 7 | | that request for proposals, the Secretary shall permit | 8 | | applicants to choose between "male", "female" or "non-binary" | 9 | | when designating the applicant's sex on the driver's license | 10 | | application form. The sex designated by the applicant shall be | 11 | | displayed on the driver's license issued to the applicant. | 12 | | (b-5) Every applicant for a REAL ID compliant driver's | 13 | | license or permit shall provide proof of lawful status in the | 14 | | United States as defined in 6 CFR 37.3, as amended. Applicants | 15 | | who are unable to provide the Secretary with proof of lawful | 16 | | status may apply for a driver's license or permit under Section | 17 | | 6-105.1 of this Code. | 18 | | (c) The application form shall include a notice to the | 19 | | applicant of the
registration obligations of sex offenders | 20 | | under the Sex Offender Registration
Act. The notice shall be | 21 | | provided in a form and manner prescribed by the
Secretary of | 22 | | State. For purposes of this subsection (c), "sex offender" has
| 23 | | the meaning ascribed to it in Section 2 of the Sex Offender | 24 | | Registration Act.
| 25 | | (d) Any male United States citizen or immigrant who applies | 26 | | for any
permit or
license authorized to be issued under this |
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| 1 | | Code or for a renewal of any permit
or
license,
and who is at | 2 | | least 18 years of age but less than 26 years of age, must be
| 3 | | registered in compliance with the requirements of the federal | 4 | | Military
Selective
Service Act.
The Secretary of State must | 5 | | forward in an electronic format the necessary
personal | 6 | | information regarding the applicants identified in this | 7 | | subsection (d)
to
the Selective Service System. The applicant's | 8 | | signature on the application
serves
as an indication that the | 9 | | applicant either has already registered with the
Selective
| 10 | | Service System or that he is authorizing the Secretary to | 11 | | forward to the
Selective
Service System the necessary | 12 | | information for registration. The Secretary must
notify the | 13 | | applicant at the time of application that his signature | 14 | | constitutes
consent to registration with the Selective Service | 15 | | System, if he is not already
registered.
| 16 | | (e) Beginning on or before July 1, 2015, for each original | 17 | | or renewal driver's license application under this Code, the | 18 | | Secretary shall inquire as to whether the applicant is a | 19 | | veteran for purposes of issuing a driver's license with a | 20 | | veteran designation under subsection (e-5) of Section 6-110 of | 21 | | this Code. The acceptable forms of proof shall include, but are | 22 | | not limited to, Department of Defense form DD-214 or an | 23 | | identification card issued under the federal Veterans | 24 | | Identification Card Act of 2015. If the document cannot be | 25 | | stamped, the Illinois Department of Veterans' Affairs shall | 26 | | provide a certificate to the veteran to provide to the |
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| 1 | | Secretary of State. The Illinois Department of Veterans' | 2 | | Affairs shall advise the Secretary as to what other forms of | 3 | | proof of a person's status as a veteran are acceptable. | 4 | | The Illinois Department of Veterans' Affairs shall confirm | 5 | | the status of the applicant as an honorably discharged veteran | 6 | | before the Secretary may issue the driver's license. | 7 | | For purposes of this subsection (e): | 8 | | "Armed forces" means any of the Armed Forces of the United | 9 | | States, including a member of any reserve component or National | 10 | | Guard unit. | 11 | | "Veteran" means a person who has served in the armed forces | 12 | | and was discharged or separated under honorable conditions. | 13 | | (Source: P.A. 99-511, eff. 1-1-17; 99-544, eff. 7-15-16; | 14 | | 100-201, eff. 8-18-17; 100-248, eff. 8-22-17; 100-811, eff. | 15 | | 1-1-19 .)
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