HB3216 EngrossedLRB101 05860 RJF 50879 b

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

 

 

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

 

 

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1a United States Department of Veterans Affairs summary of
2benefits letter. If the document cannot be stamped, the
3Illinois Department of Veterans' Affairs shall provide a
4certificate to the veteran to provide to the Secretary of
5State. The Illinois Department of Veterans' Affairs shall
6advise the Secretary as to what other forms of proof of a
7person's status as a veteran are acceptable.
8    The Illinois Department of Veterans' Affairs shall confirm
9the status of the applicant as an honorably discharged veteran
10before the Secretary may issue the identification card.
11    For each applicant who is issued an identification card
12with a veteran designation, the Secretary shall provide the
13Department of Veterans' Affairs with the applicant's name,
14address, date of birth, gender, and such other demographic
15information as agreed to by the Secretary and the Department.
16The Department may take steps necessary to confirm the
17applicant is a veteran. If after due diligence, including
18writing to the applicant at the address provided by the
19Secretary, the Department is unable to verify the applicant's
20veteran status, the Department shall inform the Secretary, who
21shall notify the applicant that he or she must confirm status
22as a veteran, or the identification card will be cancelled.
23    For purposes of this subsection (b):
24    "Armed forces" means any of the Armed Forces of the United
25States, including a member of any reserve component or National
26Guard unit.

 

 

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1    "Veteran" means a person who has served in the armed forces
2and was discharged or separated under honorable conditions.
3    (c) All applicants for REAL ID compliant standard Illinois
4Identification Cards and Illinois Person with a Disability
5Identification Cards shall provide proof of lawful status in
6the United States as defined in 6 CFR 37.3, as amended.
7Applicants who are unable to provide the Secretary with proof
8of lawful status are ineligible for REAL ID compliant
9identification cards under this Act.
10(Source: P.A. 99-511, eff. 1-1-17; 99-544, eff. 7-15-16;
11100-201, eff. 8-18-17; 100-248, eff. 8-22-17; 100-811, eff.
121-1-19.)
 
13    Section 10. The Illinois Vehicle Code is amended by
14changing Section 6-106 as follows:
 
15    (625 ILCS 5/6-106)  (from Ch. 95 1/2, par. 6-106)
16    Sec. 6-106. Application for license or instruction permit.
17    (a) Every application for any permit or license authorized
18to be issued under this Code shall be made upon a form
19furnished by the Secretary of State. Every application shall be
20accompanied by the proper fee and payment of such fee shall
21entitle the applicant to not more than 3 attempts to pass the
22examination within a period of one year after the date of
23application.
24    (b) Every application shall state the legal name, social

 

 

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1security number, zip code, date of birth, sex, and residence
2address of the applicant; briefly describe the applicant; state
3whether the applicant has theretofore been licensed as a
4driver, and, if so, when and by what state or country, and
5whether any such license has ever been cancelled, suspended,
6revoked or refused, and, if so, the date and reason for such
7cancellation, suspension, revocation or refusal; shall include
8an affirmation by the applicant that all information set forth
9is true and correct; and shall bear the applicant's signature.
10In addition to the residence address, the Secretary may allow
11the applicant to provide a mailing address. In the case of an
12applicant who is a judicial officer or peace officer, the
13Secretary may allow the applicant to provide an office or work
14address in lieu of a residence or mailing address. The
15application form may also require the statement of such
16additional relevant information as the Secretary of State shall
17deem necessary to determine the applicant's competency and
18eligibility. The Secretary of State may, in his discretion, by
19rule or regulation, provide that an application for a drivers
20license or permit may include a suitable photograph of the
21applicant in the form prescribed by the Secretary, and he may
22further provide that each drivers license shall include a
23photograph of the driver. The Secretary of State may utilize a
24photograph process or system most suitable to deter alteration
25or improper reproduction of a drivers license and to prevent
26substitution of another photo thereon. For the purposes of this

 

 

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1subsection (b), "peace officer" means any person who by virtue
2of his or her office or public employment is vested by law with
3a duty to maintain public order or to make arrests for a
4violation of any penal statute of this State, whether that duty
5extends to all violations or is limited to specific violations.
6    (b-5) Every applicant for a REAL ID compliant driver's
7license or permit shall provide proof of lawful status in the
8United States as defined in 6 CFR 37.3, as amended. Applicants
9who are unable to provide the Secretary with proof of lawful
10status may apply for a driver's license or permit under Section
116-105.1 of this Code.
12    (c) The application form shall include a notice to the
13applicant of the registration obligations of sex offenders
14under the Sex Offender Registration Act. The notice shall be
15provided in a form and manner prescribed by the Secretary of
16State. For purposes of this subsection (c), "sex offender" has
17the meaning ascribed to it in Section 2 of the Sex Offender
18Registration Act.
19    (d) Any male United States citizen or immigrant who applies
20for any permit or license authorized to be issued under this
21Code or for a renewal of any permit or license, and who is at
22least 18 years of age but less than 26 years of age, must be
23registered in compliance with the requirements of the federal
24Military Selective Service Act. The Secretary of State must
25forward in an electronic format the necessary personal
26information regarding the applicants identified in this

 

 

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1subsection (d) to the Selective Service System. The applicant's
2signature on the application serves as an indication that the
3applicant either has already registered with the Selective
4Service System or that he is authorizing the Secretary to
5forward to the Selective Service System the necessary
6information for registration. The Secretary must notify the
7applicant at the time of application that his signature
8constitutes consent to registration with the Selective Service
9System, if he is not already registered.
10    (e) Beginning on or before July 1, 2015, for each original
11or renewal driver's license application under this Code, the
12Secretary shall inquire as to whether the applicant is a
13veteran for purposes of issuing a driver's license with a
14veteran designation under subsection (e-5) of Section 6-110 of
15this Code. The acceptable forms of proof shall include, but are
16not limited to, Department of Defense form DD-214, Department
17of Defense form DD-2 (Retired), or an identification card
18issued under the federal Veterans Identification Card Act of
192015, or a United States Department of Veterans Affairs summary
20of benefits letter. If the document cannot be stamped, the
21Illinois Department of Veterans' Affairs shall provide a
22certificate to the veteran to provide to the Secretary of
23State. The Illinois Department of Veterans' Affairs shall
24advise the Secretary as to what other forms of proof of a
25person's status as a veteran are acceptable.
26    The Illinois Department of Veterans' Affairs shall confirm

 

 

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1the status of the applicant as an honorably discharged veteran
2before the Secretary may issue the driver's license.
3    For each applicant who is issued a driver's license with a
4veteran designation, the Secretary shall provide the
5Department of Veterans' Affairs with the applicant's name,
6address, date of birth, gender and such other demographic
7information as agreed to by the Secretary and the Department.
8The Department may take steps necessary to confirm the
9applicant is a veteran. If after due diligence, including
10writing to the applicant at the address provided by the
11Secretary, the Department is unable to verify the applicant's
12veteran status, the Department shall inform the Secretary, who
13shall notify the applicant that the he or she must confirm
14status as a veteran, or the driver's license will be cancelled.
15    For purposes of this subsection (e):
16    "Armed forces" means any of the Armed Forces of the United
17States, including a member of any reserve component or National
18Guard unit.
19    "Veteran" means a person who has served in the armed forces
20and was discharged or separated under honorable conditions.
21(Source: P.A. 99-511, eff. 1-1-17; 99-544, eff. 7-15-16;
22100-201, eff. 8-18-17; 100-248, eff. 8-22-17; 100-811, eff.
231-1-19.)