Public Act 097-0739
 
SB2837 EnrolledLRB097 17144 HEP 62342 b



    AN ACT concerning the Secretary of State.

 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:


 
    Section 5. The Illinois Identification Card Act is amended  
by changing Sections 4, 5, and 11 as follows:
 



    (15 ILCS 335/4)  (from Ch. 124, par. 24)


    Sec. 4. Identification Card. 

    (a) The Secretary of State shall issue a
standard Illinois 
Identification Card to any natural person who is a resident
of 
the State of Illinois who applies for such card, or renewal 
thereof,
or who applies for a standard Illinois Identification 
Card upon release as a
committed person on parole, mandatory 
supervised release, final discharge, or
pardon from the 
Department of Corrections by submitting an identification card

issued by the Department of Corrections under Section 3-14-1 of 
the Unified
Code of Corrections,
together with the prescribed 
fees. No identification card shall be issued to any person who 
holds a valid
foreign state
identification card, license, or 
permit unless the person first surrenders to
the Secretary of

State the valid foreign state identification card, license, or 
permit.  The card shall be prepared and
supplied by the 
Secretary of State and shall include a photograph and signature 
or mark of the
applicant.  However, the Secretary of State may 
provide by rule for the issuance of Illinois Identification 
Cards without photographs if the applicant has a bona fide 
religious objection to being photographed or to the display of 
his or her photograph. The Illinois Identification Card may be 
used for
identification purposes in any lawful situation only 
by the person to
whom it was issued.
As used in this Act, 
"photograph" means any color photograph or digitally
produced 
and captured image of an applicant for an identification card.  
As
used in this Act, "signature" means the name of a person as 
written by that
person and captured in a manner acceptable to 
the Secretary of State.
    (a-5) If an applicant for an identification card has a 
current driver's license or instruction permit issued by the 
Secretary of State, the Secretary may require the applicant to 
utilize the same residence address and name on the 
identification card, driver's license, and instruction permit 
records maintained by the Secretary.  The Secretary may 
promulgate rules to implement this provision. 

    (b) The Secretary of State shall issue a special Illinois

Identification Card, which shall be known as an Illinois 
Disabled Person
Identification Card, to any natural person who 
is a resident of the State
of Illinois, who is a disabled 
person as defined in Section 4A of this Act,
who applies for 
such card, or renewal thereof.  No Disabled Person 
Identification Card shall be issued to any person who
holds a 
valid
foreign state identification card, license, or permit 
unless the person first
surrenders to the
Secretary of State 
the valid foreign state identification card, license, or

permit. The Secretary of State
shall charge no fee to issue 
such card.  The card shall be prepared and
supplied by the 
Secretary of State, and shall include a photograph and 
signature or mark of the
applicant, a designation indicating 
that the card is an Illinois Disabled
Person Identification 
Card, and shall include a comprehensible designation
of the 
type and classification of the applicant's disability as set 
out in
Section 4A of this Act.  However, the Secretary of State 
may provide by rule for the issuance of Illinois Disabled 
Person Identification Cards without photographs if the 
applicant has a bona fide religious objection to being 
photographed or to the display of his or her photograph. If the 
applicant so requests, the card shall
include a description of 
the applicant's disability and any information
about the 
applicant's disability or medical history which the Secretary

determines would be helpful to the applicant in securing 
emergency medical
care.  If a mark is used in lieu of a 
signature, such mark
shall be affixed to the card in the 
presence of two witnesses who attest to
the authenticity of the 
mark.  The Illinois
Disabled Person Identification Card may be 
used for identification purposes
in any lawful situation by the 
person to whom it was issued.

    The Illinois Disabled Person Identification Card may be 
used as adequate
documentation of disability in lieu of a 
physician's determination of
disability, a determination of 
disability from a physician assistant who has
been delegated 
the authority to make this determination by his or her

supervising physician, a determination of disability from an 
advanced practice
nurse who has a written collaborative 
agreement with a collaborating physician
that
authorizes the 
advanced practice nurse to make this determination, or any

other documentation
of disability whenever
any
State law

requires that a disabled person provide such documentation of 
disability,
however an Illinois Disabled Person Identification 
Card shall not qualify
the cardholder to participate in any 
program or to receive any benefit
which is not available to all 
persons with like disabilities.
Notwithstanding any other 
provisions of law, an Illinois Disabled Person
Identification 
Card, or evidence that the Secretary of State has issued an

Illinois Disabled Person Identification Card, shall not be used 
by any
person other than the person named on such card to prove 
that the person
named on such card is a disabled person or for 
any other purpose unless the
card is used for the benefit of 
the person named on such card, and the
person named on such 
card consents to such use at the time the card is so used.

    An optometrist's determination of a visual disability 
under Section 4A of this Act is acceptable as documentation for 
the purpose of issuing an Illinois Disabled Person 
Identification Card. 
    When medical information is contained on an Illinois 
Disabled Person
Identification Card, the Office of the 
Secretary of State shall not be
liable for any actions taken 
based upon that medical information.

    (c) Beginning January 1, 1986, the Secretary of State shall 
provide
that each original or renewal Illinois Identification 
Card or Illinois
Disabled Person Identification Card issued to 
a person under the age of 21,
shall be of a distinct nature 
from those Illinois Identification Cards or
Illinois Disabled 
Person Identification Cards issued to individuals 21
years of 
age or older. The color designated for Illinois Identification

Cards or Illinois Disabled Person Identification Cards for 
persons under
the age of 21 shall be at the discretion of the 
Secretary of State.

    (c-1) Beginning January 1, 2003, each original or renewal 
Illinois
Identification Card or Illinois Disabled Person 
Identification Card issued to
a person under the age of 21 
shall display the date upon which the person
becomes 18 years 
of age and the date upon which the person becomes 21 years of

age.
    (c-3) The General Assembly recognizes the need to identify 
military veterans living in this State for the purpose of 
ensuring that they receive all of the services and benefits to 
which they are legally entitled, including healthcare, 
education assistance, and job placement.  To assist the State in 
identifying these veterans and delivering these vital services 
and benefits, the Secretary of State is authorized to issue 
Illinois Identification Cards and Illinois Disabled Person 
Identification Cards with the word "veteran" appearing on the 
face of the cards.  This authorization is predicated on the 
unique status of veterans.  The Secretary may not issue any 
other identification card which identifies an occupation, 
status, affiliation, hobby, or other unique characteristics of 
the identification card holder which is unrelated to the 
purpose of the identification card.

    (c-5) Beginning on or before July 1, 2015, the Secretary of 
State shall designate a space on each original or renewal 
identification card where, at the request of the applicant, the 
word "veteran" shall be placed. The veteran designation shall 
be available to a person identified as a veteran under 
subsection (b) of Section 5 of this Act who was discharged or 
separated under honorable conditions. 
    (d) The Secretary of State may issue a Senior Citizen

discount card, to any natural person who is a resident of the 
State of
Illinois who is 60 years of age or older and who 
applies for such a card or
renewal thereof.  The Secretary of 
State shall charge no fee to issue such
card.  The card shall be 
issued in every county and applications shall be
made available 
at, but not limited to, nutrition sites, senior citizen
centers 
and Area Agencies on Aging.  The applicant, upon receipt of such

card and prior to its use for any purpose, shall have affixed 
thereon in
the space provided therefor his signature or mark.

    (e) The Secretary of State, in his or her discretion, may 
designate on each Illinois
Identification Card or Illinois 
Disabled Person Identification Card a space where the card 
holder may place a sticker or decal, issued by the Secretary of 
State, of uniform size as the Secretary may specify, that shall 
indicate in appropriate language that the card holder has 
renewed his or her Illinois
Identification Card or Illinois 
Disabled Person Identification Card.
(Source: P.A. 96-146, eff. 1-1-10; 96-328, eff. 8-11-09; 
96-1231, eff. 7-23-10; 97-371, eff. 1-1-12.)


 
    (15 ILCS 335/5)  (from Ch. 124, par. 25)

    Sec. 5. Applications. 
    (a)  Any natural person who is a resident of the
State of 
Illinois, may file an application for an identification card or 
for
the renewal thereof, in a manner prescribed by the 
Secretary.  Each original application
shall be completed by the 
applicant in full and shall set forth the legal
name,
residence 
address and zip code, social security number, birth date, sex 
and
a brief
description of the applicant.  The applicant shall 
be photographed, unless the Secretary of State has provided by 
rule for the issuance of identification cards without 
photographs and the applicant is deemed eligible for an 
identification card without a photograph under the terms and 
conditions imposed by the Secretary of State, and he
or she 
shall also submit any other information as the Secretary may 
deem necessary
or such documentation as the Secretary may 
require to determine the
identity of the applicant.  In addition 
to the residence address, the Secretary may allow the applicant 
to provide a mailing address. An applicant for a disabled 
persons card must
also submit with each original or renewal 
application, on forms prescribed
by the Secretary, such 
documentation as the Secretary may require,
establishing that 
the applicant is a "disabled person" as defined in
Section 4A 
of this Act, and setting forth the applicant's type and class 
of
disability as set forth in Section 4A of this Act.


    (b) Beginning on or before July 1, 2015, for each original 
or renewal identification card application under this Act, the 
Secretary shall inquire as to whether the applicant is a 
veteran for purposes of issuing an identification card with a 
veteran designation under subsection (c-5) of Section 4 of this 
Act. The acceptable forms of proof shall include, but are not 
limited to, Department of Defense form DD-214. The Secretary 
shall determine by rule what other forms of proof of a person's 
status as a veteran are acceptable.
    The Illinois Department of Veterans' Affairs shall confirm 
the status of the applicant as an honorably discharged veteran 
before the Secretary may issue the identification card.
    For purposes of this subsection (b):
    "Active duty" means active duty under an executive order of 
the President of the United States, an Act of the Congress of 
the United States, or an order of the Governor. 
    "Armed forces" means any of the Armed Forces of the United 
States, including a member of any reserve component or National 
Guard unit called to active duty. 
    "Veteran" means a person who has served on active duty in 
the armed forces and was discharged or separated under 
honorable conditions. 
(Source: P.A. 96-1231, eff. 7-23-10; 97-371, eff. 1-1-12.)


 



    (15 ILCS 335/11)  (from Ch. 124, par. 31)


    Sec. 11. The Secretary may make a search of his records and 
furnish
information as to whether a person has a current 
Standard Illinois
Identification Card or an Illinois Disabled 
Person Identification Card then on
file, upon receipt of a 
written application therefor accompanied with the
prescribed 
fee. However, the Secretary may not disclose medical

information concerning an individual to any person, public 
agency, private
agency, corporation or governmental body 
unless the individual has
submitted a written request for the 
information or unless the individual
has given prior written 
consent for the release of the information to a
specific person 
or entity. This exception shall not apply to: (1) offices
and 
employees of the Secretary who have a need to know the medical

information in performance of their official duties, or (2) 
orders of a
court of competent jurisdiction. When medical 
information is disclosed by
the Secretary in accordance with 
the provisions of this Section, no
liability shall rest with 
the Office of the Secretary of State as the
information is 
released for informational purposes only.
    The Secretary may release personally identifying 
information or highly restricted personal information only to:
        (1) officers and employees of the Secretary who have a 
    need to know that information;
        (2) other governmental agencies for use in their 
    official governmental functions;
        (3) law enforcement agencies that need the information 
    for a criminal or civil investigation; or
        (4) any entity that the Secretary has authorized, by 
    rule, to receive this information.
    The Secretary may not disclose an individual's social 
security number or any associated information obtained from the 
Social Security Administration without the written request or 
consent of the individual except: (i) to officers and employees 
of the Secretary who have a need to know the social security 
number in the performance of their official duties; (ii) to law 
enforcement officials for a lawful civil or criminal law 
enforcement investigation if the head of the law enforcement 
agency has made a written request to the Secretary specifying 
the law enforcement investigation for which the social security 
number is being sought; or (iii) under a lawful court order 
signed by a judge; or (iv) to the Illinois Department of 
Veterans' Affairs for the purpose of confirming veteran status.


(Source: P.A. 93-895, eff. 1-1-05.)


 
    Section 10. The Illinois Vehicle Code is amended  by 
changing Sections 2-123, 6-106, and 6-110                                                       as follows:

 



    (625 ILCS 5/2-123)  (from Ch. 95 1/2, par. 2-123)


    Sec. 2-123. Sale and Distribution of Information. 

    (a) Except as otherwise provided in this Section, the 
Secretary may make the
driver's license, vehicle and title 
registration lists, in part or in whole,
and any statistical 
information derived from these lists available to local

governments, elected state officials, state educational 
institutions, and all
other governmental units of the State and 
Federal
Government
requesting them for governmental purposes. 
The Secretary shall require any such
applicant for services to 
pay for the costs of furnishing such services and the
use of 
the equipment involved, and in addition is empowered to 
establish prices
and charges for the services so furnished and 
for the use of the electronic
equipment utilized.

    (b) The Secretary is further empowered to and he may, in 
his discretion,
furnish to any applicant, other than listed in 
subsection (a) of this Section,
vehicle or driver data on a 
computer tape, disk, other electronic format or
computer 
processable medium, or printout at a fixed fee of
$250 for 
orders received before October 1, 2003 and $500 for orders 
received
on or after October 1, 2003, in advance, and require 
in addition a
further sufficient
deposit based upon the 
Secretary of State's estimate of the total cost of the

information requested and a charge of $25 for orders received 
before October
1, 2003 and $50 for orders received on or after 
October 1, 2003, per 1,000
units or part
thereof identified or 
the actual cost, whichever is greater. The Secretary is

authorized to refund any difference between the additional 
deposit and the
actual cost of the request.  This service shall 
not be in lieu of an abstract
of a driver's record nor of a 
title or registration search.  This service may
be limited to 
entities purchasing a minimum number of records as required by

administrative rule.  The information
sold pursuant to this 
subsection shall be the entire vehicle or driver data
list, or 
part thereof.  The information sold pursuant to this subsection

shall not contain personally identifying information unless 
the information is
to be used for one of the purposes 
identified in subsection (f-5) of this
Section.  Commercial 
purchasers of driver and vehicle record databases shall
enter 
into a written agreement with the Secretary of State that 
includes
disclosure of the commercial use of the information to 
be purchased.
    (b-1) The Secretary is further empowered to and may, in his 
or her discretion, furnish vehicle or driver data on a computer 
tape, disk, or other electronic format or computer processible 
medium, at no fee, to any State or local governmental agency 
that uses the information provided by the Secretary to transmit 
data back to the Secretary that enables the Secretary to 
maintain accurate driving records, including dispositions of 
traffic cases. This information may be provided without fee not 
more often than once every 6  months.


    (c) Secretary of State may issue registration lists.  The 
Secretary
of State may compile a list of all registered

vehicles.  Each list of registered vehicles shall be arranged 
serially
according to the registration numbers assigned to 
registered vehicles and
may contain in addition the names and 
addresses of registered owners and
a brief description of each 
vehicle including the serial or other
identifying number 
thereof. Such compilation may be in such form as in the

discretion of the Secretary of State may seem best for the 
purposes intended.

    (d) The Secretary of State shall furnish no more than 2 
current available
lists of such registrations to the sheriffs 
of all counties and to the chiefs
of police of all cities and 
villages and towns of 2,000 population and over
in this State 
at no cost.  Additional copies may be purchased by the sheriffs

or chiefs of police at the fee
of $500 each or at the cost of 
producing the list as determined
by the Secretary of State.  
Such lists are to be used for governmental
purposes only.

    (e) (Blank).

    (e-1) (Blank).

    (f) The Secretary of State shall make a title or 
registration search of the
records of his office and a written 
report on the same for any person, upon
written application of 
such person, accompanied by a fee of $5 for
each registration 
or title search.  The written application shall set forth
the 
intended use of the requested information.  No fee shall be 
charged for a
title or
registration search, or for the 
certification thereof requested by a government
agency.  The 
report of the title or registration search shall not contain

personally identifying information unless the request for a 
search was made for
one of the purposes identified in 
subsection (f-5) of this Section. The report of the title or 
registration search shall not contain highly
restricted 
personal
information unless specifically authorized by this 
Code.

    The Secretary of State shall certify a title or 
registration record upon
written request. The fee for 
certification shall be $5 in addition
to the fee required for a 
title or registration search. Certification shall
be made under 
the signature of the Secretary of State  and shall be

authenticated by Seal of the Secretary of State.

    The Secretary of State may notify the vehicle owner or 
registrant of
the request for purchase of his title or 
registration information as the
Secretary deems appropriate.

    No information shall be released to the requestor until 
expiration of a
10 day period.  This 10 day period shall not 
apply to requests for
information made by law enforcement 
officials, government agencies,
financial institutions, 
attorneys, insurers, employers, automobile
associated 
businesses, persons licensed as a private detective or firms

licensed as a private detective agency under the Private 
Detective, Private
Alarm, Private Security, Fingerprint 
Vendor, and Locksmith Act of 2004, who are employed by or are

acting on
behalf of law enforcement officials, government 
agencies, financial
institutions, attorneys, insurers, 
employers, automobile associated businesses,
and other 
business entities for purposes consistent with the Illinois 
Vehicle
Code, the vehicle owner or registrant or other entities 
as the Secretary may
exempt by rule and regulation.

    Any misrepresentation made by a requestor of title or 
vehicle information
shall be punishable as a petty offense, 
except in the case of persons
licensed as a private detective 
or firms licensed as a private detective agency
which shall be 
subject to disciplinary sanctions under Section 40-10 of the

Private Detective, Private Alarm, Private Security, 
Fingerprint Vendor, and Locksmith Act of 2004.

    (f-5) The Secretary of State shall not disclose or 
otherwise make
available to
any person or entity any personally 
identifying information obtained by the
Secretary
of State in 
connection with a driver's license, vehicle, or title 
registration
record
unless the information is disclosed for one 
of the following purposes:


        (1) For use by any government agency, including any 
    court or law
enforcement agency, in carrying out its 
    functions, or any private person or
entity acting on behalf 
    of a federal, State, or local agency in carrying out
its

    functions.


        (2) For use in connection with matters of motor vehicle 
    or driver safety
and theft; motor vehicle emissions; motor 
    vehicle product alterations, recalls,
or advisories; 
    performance monitoring of motor vehicles, motor vehicle 
    parts,
and dealers; and removal of non-owner records from 
    the original owner
records of motor vehicle manufacturers.


        (3) For use in the normal course of business by a 
    legitimate business or
its agents, employees, or 
    contractors, but only:


            (A) to verify the accuracy of personal information 
        submitted by
an individual to the business or its 
        agents, employees, or contractors;
and


            (B) if such information as so submitted is not 
        correct or is no
longer correct, to obtain the correct 
        information, but only for the
purposes of preventing 
        fraud by, pursuing legal remedies against, or

        recovering on a debt or security interest against, the 
        individual.


        (4) For use in research activities and for use in 
    producing statistical
reports, if the personally 
    identifying information is not published,
redisclosed, or 
    used to
contact individuals.


        (5) For use in connection with any civil, criminal, 
    administrative, or
arbitral proceeding in any federal, 
    State, or local court or agency or before
any

    self-regulatory body, including the service of process, 
    investigation in
anticipation of litigation, and the 
    execution or enforcement of judgments and
orders, or 
    pursuant to an order of a federal, State, or local court.


        (6) For use by any insurer or insurance support 
    organization or by a
self-insured entity or its agents, 
    employees, or contractors in connection with
claims 
    investigation activities, antifraud activities, rating, or 
    underwriting.


        (7) For use in providing notice to the owners of towed 
    or
impounded vehicles.


        (8) For use by any person licensed as a private 
    detective or firm licensed as a private
detective agency 
    under
the Private Detective, Private Alarm, Private 
    Security, Fingerprint Vendor, and Locksmith Act of
2004, 
    private investigative agency or security service
licensed 
    in Illinois for any purpose permitted under this 
    subsection.


        (9) For use by an employer or its agent or insurer to 
    obtain or verify
information relating to a holder of a 
    commercial driver's license that is
required under chapter 
    313 of title 49 of the United States Code.


        (10) For use in connection with the operation of 
    private toll
transportation facilities.


        (11) For use by any requester, if the requester 
    demonstrates it has
obtained the written consent of the 
    individual to whom the information
pertains.


        (12) For use by members of the news media, as defined 
    in
Section 1-148.5, for the purpose of newsgathering when 
    the request relates to
the
operation of a motor vehicle or 
    public safety.


        (13) For any other use specifically authorized by law, 
    if that use is
related to the operation of a motor vehicle 
    or public safety.
    (f-6) The Secretary of State shall not disclose or 
otherwise make
available to any
person or entity any highly 
restricted personal information obtained by the
Secretary of

State in connection with a driver's license, vehicle, or
title 
registration
record unless
specifically authorized by this 
Code.


    (g) 1. The Secretary of State may, upon receipt of a 
    written request
and a fee of $6 before October 1, 2003 and 
    a fee of $12 on and after October
1, 2003, furnish to the 
    person or agency so requesting a
driver's record.  Such 
    document may include a record of: current driver's
license 
    issuance information, except that the information on 
    judicial driving
permits shall be available only as 
    otherwise provided by this Code;
convictions; orders 
    entered revoking, suspending or cancelling a
driver's

    license or privilege; and notations of accident 
    involvement.  All other
information, unless otherwise 
    permitted by
this Code, shall remain confidential.  
    Information released pursuant to a
request for a driver's 
    record shall not contain personally identifying

    information, unless the request for the driver's record was 
    made for one of the
purposes set forth in subsection (f-5) 
    of this Section. The Secretary of State may, without fee, 
    allow a parent or guardian of a person under the age of 18 
    years, who holds an instruction permit or graduated 
    driver's license, to view that person's driving record 
    online, through a computer connection.
The parent or 
    guardian's online access to the driving record will 
    terminate when the instruction permit or graduated 
    driver's license holder reaches the age of 18.



        2. The Secretary of State shall not disclose or 
    otherwise make available
to any
person or
entity any highly 
    restricted personal information obtained by the Secretary 
    of
State in
connection with a driver's license, vehicle, or 
    title
registration record
unless specifically
authorized 
    by this Code. The Secretary of State may certify an 
    abstract of a driver's record
upon written request 
    therefor.   Such certification
shall be made under the 
    signature of the Secretary of State and shall be

    authenticated by the Seal of his office.


        3. All requests for driving record information shall be 
    made in a manner
prescribed by the Secretary and shall set 
    forth the intended use of the
requested information.


        The Secretary of State may notify the affected driver 
    of the request
for purchase of his driver's record as the 
    Secretary deems appropriate.


        No information shall be released to the requester until 
    expiration of a
10 day period.  This 10 day period shall not 
    apply to requests for information
made by law enforcement 
    officials, government agencies, financial institutions,

    attorneys, insurers, employers, automobile associated 
    businesses, persons
licensed as a private detective or 
    firms licensed as a private detective agency
under the 
    Private Detective, Private Alarm, Private Security, 
    Fingerprint Vendor, and Locksmith Act
of 2004,
who are 
    employed by or are acting on behalf of law enforcement 
    officials,
government agencies, financial institutions, 
    attorneys, insurers, employers,
automobile associated 
    businesses, and other business entities for purposes

    consistent with the Illinois Vehicle Code, the affected 
    driver or other
entities as the Secretary may exempt by 
    rule and regulation.


        Any misrepresentation made by a requestor of driver 
    information shall
be punishable as a petty offense, except 
    in the case of persons licensed as
a private detective or 
    firms licensed as a private detective agency which shall
be 
    subject to disciplinary sanctions under Section 40-10 of 
    the Private
Detective, Private Alarm, Private Security, 
    Fingerprint Vendor, and Locksmith Act of 2004.


        4. The Secretary of State may furnish without fee, upon 
    the written
request of a law enforcement agency, any 
    information from a driver's
record on file with the 
    Secretary of State when such information is required
in the 
    enforcement of this Code or any other law relating to the 
    operation
of motor vehicles, including records of 
    dispositions; documented
information involving the use of 
    a motor vehicle; whether such individual
has, or previously 
    had, a driver's license; and the address and personal

    description as reflected on said driver's record.


        5. Except as otherwise provided in this Section, the 
    Secretary of
State may furnish, without fee, information 
    from an individual driver's
record on file, if a written 
    request therefor is submitted
by any public transit system 
    or authority, public defender, law enforcement
agency, a 
    state or federal agency, or an Illinois local 
    intergovernmental
association, if the request is for the 
    purpose of a background check of
applicants for employment 
    with the requesting agency, or for the purpose of
an 
    official investigation conducted by the agency, or to 
    determine a
current address for the driver so public funds 
    can be recovered or paid to
the driver, or for any other 
    purpose set forth in subsection (f-5)
of this Section.


        The Secretary may also furnish the courts a copy of an 
    abstract of a
driver's record, without fee, subsequent to 
    an arrest for a violation of
Section 11-501 or a similar 
    provision of a local ordinance.  Such abstract
may include 
    records of dispositions; documented information involving

    the use of a motor vehicle as contained in the current 
    file; whether such
individual has, or previously had, a 
    driver's license; and the address and
personal description 
    as reflected on said driver's record.


        6. Any certified abstract issued by the Secretary of 
    State or
transmitted electronically by the Secretary of 
    State pursuant to this
Section,
to a court or on request of 
    a law enforcement agency, for the record of a
named person 
    as to the status of the person's driver's license shall be

    prima facie evidence of the facts therein stated and if the 
    name appearing
in such abstract is the same as that of a 
    person named in an information or
warrant, such abstract 
    shall be prima facie evidence that the person named
in such 
    information or warrant is the same person as the person 
    named in
such abstract and shall be admissible for any 
    prosecution under this Code and
be admitted as proof of any 
    prior conviction or proof of records, notices, or
orders 
    recorded on individual driving records maintained by the 
    Secretary of
State.


        7. Subject to any restrictions contained in the 
    Juvenile Court Act of
1987, and upon receipt of a proper 
    request and a fee of $6 before October 1,
2003 and a fee of 
    $12 on or after October 1, 2003, the
Secretary of
State 
    shall provide a driver's record to the affected driver, or 
    the affected
driver's attorney, upon verification.  Such 
    record shall contain all the
information referred to in 
    paragraph 1 of this subsection (g) plus: any
recorded 
    accident involvement as a driver; information recorded 
    pursuant to
subsection (e) of Section 6-117 and paragraph 
    (4) of subsection (a) of
Section 6-204 of this Code.  All 
    other information, unless otherwise permitted
by this 
    Code, shall remain confidential.

    (h) The Secretary shall not disclose social security 
numbers or any associated information obtained from the Social 
Security Administration except pursuant
to a written request 
by, or with the prior written consent of, the
individual 
except: (1) to officers and employees of the Secretary
who
have 
a need to know the social security numbers in performance of 
their
official duties, (2) to law enforcement officials for a 
lawful, civil or
criminal law enforcement investigation, and if 
the head of the law enforcement
agency has made a written 
request to the Secretary specifying the law
enforcement 
investigation for which the social security numbers are being

sought, (3) to the United States Department of Transportation, 
or any other
State, pursuant to the administration and 
enforcement of the Commercial
Motor Vehicle Safety Act of 1986, 
(4)  pursuant to the order of a court
of competent jurisdiction, 
(5) to the Department of Healthcare and Family Services 
(formerly Department of Public Aid) for
utilization
in the 
child support enforcement duties assigned to that Department 
under
provisions of the Illinois Public Aid Code after the 
individual has received advanced
meaningful notification of 
what redisclosure is sought by the Secretary in
accordance with 
the federal Privacy Act, (5.5) to the Department of Healthcare 
and Family Services and the Department of Human Services solely 
for the purpose of verifying Illinois residency where such 
residency is an eligibility requirement for benefits under the 
Illinois Public Aid Code or any other health benefit program 
administered by the Department of Healthcare and Family 
Services or the Department of Human Services, or (6) to the 
Illinois Department of Revenue solely for use by the Department 
in the collection of any tax or debt that the Department of 
Revenue is authorized or required by law to collect, provided 
that the Department shall not disclose the social security 
number to any person or entity outside of the Department, or 
(7) to the Illinois Department of Veterans' Affairs for the 
purpose of confirming veteran status. 

    (i) (Blank).

    (j) Medical statements or medical reports received in the 
Secretary of
State's Office shall be confidential.  Except as 
provided in this Section, no confidential information may be

open to public inspection or the contents disclosed to anyone, 
except
officers and employees of the Secretary who have a need 
to know the information
contained in the medical reports and 
the Driver License Medical Advisory
Board, unless so directed 
by an order of a court of competent jurisdiction. If the 
Secretary receives a medical report regarding a driver that 
does not address a medical condition contained in a previous 
medical report, the Secretary may disclose the unaddressed 
medical condition to the driver or his or her physician, or 
both,  solely for the purpose of submission of a medical report 
that addresses the condition. 

    (k) All fees collected under this Section shall be paid 
into the Road
Fund of the State Treasury, except that (i) for 
fees collected before October
1, 2003, $3 of the $6 fee for a

driver's record shall be paid into the Secretary of State 
Special Services
Fund, (ii) for fees collected on and after 
October 1, 2003, of the $12 fee
for a driver's record, $3 shall 
be paid into the Secretary of State Special
Services Fund and 
$6 shall be paid into the General Revenue Fund, and (iii) for

fees collected on and after October 1, 2003, 50% of the amounts 
collected
pursuant to subsection (b) shall be paid into the 
General Revenue Fund.

    (l) (Blank).

    (m) Notations of accident involvement that may be disclosed 
under this
Section shall not include notations relating to 
damage to a vehicle or other
property being transported by a 
tow truck.  This information shall remain
confidential, 
provided that nothing in this subsection (m) shall limit

disclosure of any notification of accident involvement to any 
law enforcement
agency or official.

    (n) Requests made by the news media for driver's license, 
vehicle, or
title registration information may be furnished 
without charge or at a reduced
charge, as determined by the 
Secretary, when the specific purpose for
requesting the 
documents is deemed to be in the public interest.  Waiver or

reduction of the fee is in the public interest if the principal 
purpose of the
request is to access and disseminate information 
regarding the health, safety,
and welfare or the legal rights 
of the general public and is not for the
principal purpose of 
gaining a personal or commercial benefit.
The information 
provided pursuant to this subsection shall not contain

personally identifying information unless the information is 
to be used for one
of the
purposes identified in subsection 
(f-5) of this Section.

    (o) The redisclosure of personally identifying information

obtained
pursuant
to this Section is prohibited, except to the 
extent necessary to effectuate the
purpose
for which the 
original disclosure of the information was permitted.

    (p) The Secretary of State is empowered to adopt rules
to

effectuate this Section.

(Source: P.A. 96-1383, eff. 1-1-11; 96-1501, eff. 1-25-11; 
97-229, eff. 7-28-11.)

 
    (625 ILCS 5/6-106)  (from Ch. 95 1/2, par. 6-106)

    Sec. 6-106. Application for license or instruction permit.

    (a) Every application for any permit or license authorized 
to be issued
under this Act shall be made upon a form furnished 
by the Secretary of
State. Every application shall be 
accompanied by the proper fee and payment
of such fee shall 
entitle the applicant to not more than 3 attempts to pass
the 
examination within a period of 1 year after the date of 
application.


    (b) Every application shall state the legal name, social 
security
number, zip
code, date of birth, sex, and residence 
address of the applicant; briefly
describe the applicant; state 
whether the applicant has theretofore been
licensed as a 
driver, and, if so, when and by what state or country, and

whether any such license has ever been cancelled, suspended, 
revoked or
refused, and, if so, the date and reason for such 
cancellation, suspension,
revocation or refusal; shall include 
an affirmation by the applicant that
all information set forth 
is true and correct; and shall bear the
applicant's signature.  
In addition to the residence address, the Secretary may allow 
the applicant to provide a mailing address. The application 
form may
also require the statement of such additional relevant 
information as the
Secretary of State shall deem necessary to 
determine the applicant's
competency and eligibility. The 
Secretary of State may, in his
discretion, by rule or 
regulation, provide that an application for a
drivers license 
or permit may include a suitable photograph of the
applicant in 
the
form prescribed by the Secretary, and he may further 
provide that each
drivers license shall include a photograph of 
the driver. The Secretary of
State may utilize a photograph 
process or system most suitable to deter
alteration or improper 
reproduction of a drivers license and to prevent
substitution 
of another photo thereon.


    (c) The application form shall include a notice to the 
applicant of the
registration obligations of sex offenders 
under the Sex Offender Registration
Act.  The notice shall be 
provided in a form and manner prescribed by the
Secretary of 
State.  For purposes of this subsection (c), "sex offender" has

the meaning ascribed to it in Section 2 of the Sex Offender 
Registration Act.


    (d) Any male United States citizen or immigrant who applies 
for any
permit or
license authorized to be issued under this 
Act or for a renewal of any permit
or
license,
and who is at 
least 18 years of age but less than 26 years of age, must be

registered in compliance with the requirements of the federal 
Military
Selective
Service Act.
The Secretary of State must 
forward in an electronic format the necessary
personal 
information regarding the applicants identified in this 
subsection (d)
to
the Selective Service System. The applicant's 
signature on the application
serves
as an indication that the 
applicant either has already registered with the
Selective

Service System or that he is authorizing the Secretary to 
forward to the
Selective
Service System the necessary 
information for registration. The Secretary must
notify the 
applicant at the time of application that his signature 
constitutes
consent to registration with the Selective Service 
System, if he is not already
registered.


    (e)  Beginning on or before July 1, 2015, for each original 
or renewal driver's license application under this Act, the 
Secretary shall inquire as to whether the applicant is a 
veteran for purposes of issuing a driver's license with a 
veteran designation under subsection (e-5) of Section 6-110 of 
this Chapter. The acceptable forms of proof shall include, but 
are not limited to, Department of Defense form DD-214. The 
Secretary shall determine by rule what other forms of proof of 
a person's status as a veteran are acceptable.
    The Illinois Department of Veterans' Affairs shall confirm 
the status of the applicant as an honorably discharged veteran 
before the Secretary may issue the driver's license.
    For purposes of this subsection (e):
    "Active duty" means active duty under an executive order of 
the President of the United States, an Act of the Congress of 
the United States, or an order of the Governor. 
    "Armed forces" means any of the Armed Forces of the United 
States, including a member of any reserve component or National 
Guard unit called to active duty. 
    "Veteran" means a person who has served on active duty in 
the armed forces and was discharged or separated under 
honorable conditions. 
(Source: P.A. 96-1231, eff. 7-23-10; 97-263, eff. 8-5-11.)

 
    (625 ILCS 5/6-110)  (from Ch. 95 1/2, par. 6-110)

    Sec. 6-110. Licenses issued to drivers.

    (a) The Secretary of State shall issue to every qualifying 
applicant a
driver's license as applied for, which license 
shall bear a
distinguishing
number assigned to the licensee, 
the legal name,
signature, zip
code, date of birth, residence 
address, and a brief description of the
licensee.


    Licenses issued shall also indicate the classification and

the restrictions under Section 6-104 of this Code.



    A driver's license issued may, in the discretion of the 
Secretary,
include a suitable photograph of a type prescribed 
by the Secretary.


    (a-1) If the licensee is less than 18 years of age, unless 
one of the exceptions in subsection (a-2) apply, the license 
shall, as a matter of law, be invalid for the operation of any 
motor vehicle during the following times:
        (A) Between 11:00 p.m. Friday and 6:00 a.m. Saturday;
        (B) Between 11:00 p.m. Saturday and 6:00 a.m. on 
    Sunday; and
        (C) Between 10:00 p.m. on Sunday to Thursday, 
    inclusive, and 6:00 a.m. on the following day.
    (a-2) The driver's license of a person under the age of 18 
shall not be invalid as described in subsection (a-1) of this 
Section if the licensee under the age of 18 was:
        (1) accompanied by the licensee's parent or guardian or 
    other person in custody or control of the minor;
        (2) on an errand at the direction of the minor's parent 
    or guardian, without any detour or stop;
        (3) in a motor vehicle involved in interstate travel;
        (4) going to or returning home from an employment 
    activity, without any detour or stop;
        (5) involved in an emergency;
        (6) going to or returning home from, without any detour 
    or stop, an official school, religious, or other 
    recreational activity supervised by adults and sponsored 
    by a government or governmental agency, a civic 
    organization, or another similar entity that takes 
    responsibility for the licensee, without any detour or 
    stop;
        (7) exercising First Amendment rights protected by the 
    United States Constitution, such as the free exercise of 
    religion, freedom of speech, and the right of assembly; or
        (8) married or had been married or is an emancipated 
    minor under the Emancipation of Minors Act.
    (a-2.5) The driver's license of a person who is 17 years of 
age and has been licensed for at least 12 months is not invalid 
as described in subsection (a-1) of this Section while the 
licensee is participating as  an assigned driver in a Safe Rides 
program that meets the following criteria: 
        (1) the program is sponsored by the Boy Scouts of 
    America or another national public service organization; 
    and
        (2) the sponsoring organization carries liability 
    insurance covering the program. 
    (a-3)  If a graduated driver's license holder over the age 
of 18 committed an offense against traffic regulations 
governing the movement of vehicles or any violation of Section 
6-107 or Section 12-603.1 of this Code in the 6 months prior to 
the graduated driver's license holder's 18th birthday, and was 
subsequently convicted of the offense, the provisions of 
subsection (a-1) shall continue to apply until such time as a 
period of 6 consecutive months has elapsed without an 
additional violation and subsequent conviction of an offense 
against traffic regulations governing the movement of vehicles 
or Section 6-107 or Section 12-603.1 of this Code.

    (a-4) If an applicant for a driver's license or instruction 
permit has a current identification card issued by the 
Secretary of State, the Secretary may require the applicant to 
utilize the same residence address and name on the 
identification card, driver's license, and instruction permit 
records maintained by the Secretary.  The Secretary may 
promulgate rules to implement this provision. 
    (b) Until the Secretary of State establishes a First Person 
Consent organ and tissue donor registry under Section 6-117 of 
this Code, the Secretary of State shall provide a format on the 
reverse of
each driver's license issued which the licensee may 
use to execute a document
of gift conforming to the provisions 
of the Illinois Anatomical Gift Act.
The format shall allow the 
licensee to indicate the gift intended, whether
specific 
organs, any organ, or the entire body, and shall accommodate 
the
signatures of the donor and 2 witnesses.  The Secretary 
shall also inform
each applicant or licensee of this format, 
describe the procedure for its
execution, and may offer the 
necessary witnesses; provided that in so doing,
the Secretary 
shall advise the applicant or licensee that he or she is
under 
no compulsion to execute a document of gift. A brochure

explaining this method of executing an anatomical gift document 
shall be given
to each applicant or licensee.  The brochure 
shall advise the applicant or
licensee that he or she is under 
no compulsion to execute a document of
gift, and that he or she 
may wish to consult with family, friends or clergy
before doing 
so. The Secretary of State may undertake additional efforts,

including education and awareness activities, to promote organ 
and tissue
donation.


    (c) The Secretary of State shall designate on each driver's 
license issued
a space where the licensee may place a sticker 
or decal of the uniform
size as the Secretary may specify, 
which sticker or decal may indicate in
appropriate language 
that the owner of the license carries an Emergency
Medical 
Information Card.


    The sticker may be provided by any person, hospital, 
school,
medical group, or association interested in assisting 
in implementing
the Emergency Medical Information Card, but 
shall meet the specifications
as the Secretary may by rule or 
regulation require.


    (d) The Secretary of State shall designate on each driver's 
license issued
a space where the licensee may indicate his 
blood type and RH factor.


    (e) The Secretary of State shall provide
that each original 
or renewal driver's license issued to a licensee under
21 years 
of age shall be of a distinct nature from those driver's 
licenses
issued to individuals 21 years of age and older. The 
color designated for
driver's licenses for licensees under 21 
years of age shall be at the
discretion of the Secretary of 
State.


    (e-1) The Secretary shall provide that each driver's 
license issued to a
person under the age of 21 displays the 
date upon which the person becomes 18
years of age and the date 
upon which the person becomes 21 years of age.


    (e-3) The General Assembly recognizes the need to identify 
military veterans living in this State for the purpose of 
ensuring that they receive all of the services and benefits to 
which they are legally entitled, including healthcare, 
education assistance, and job placement.  To assist the State in 
identifying these veterans and delivering these vital services 
and benefits, the Secretary of State is authorized to issue 
drivers' licenses with the word "veteran" appearing on the face 
of the licenses.  This authorization is predicated on the unique 
status of veterans.  The Secretary may not issue any other 
driver's license which identifies an occupation, status, 
affiliation, hobby, or other unique characteristics of the 
license holder which is unrelated to the purpose of the 
driver's license.
    (e-5) Beginning on or before July 1, 2015, the Secretary of 
State shall designate a space on each original or renewal 
driver's license where, at the request of the applicant, the 
word "veteran" shall be placed. The veteran designation shall 
be available to a person identified as a veteran under 
subsection (e) of paragraph 6-106 of this Chapter who was 
discharged or separated under honorable conditions. 
    (f) The Secretary of State shall inform all Illinois 
licensed
commercial motor vehicle operators of the 
requirements of the Uniform
Commercial Driver License Act, 
Article V of this Chapter, and shall make
provisions to insure 
that all drivers, seeking to obtain a commercial
driver's 
license, be afforded an opportunity prior to April 1, 1992, to

obtain the license.  The Secretary is authorized to extend

driver's license expiration dates, and assign specific times, 
dates and
locations where these commercial driver's tests shall 
be conducted.  Any
applicant, regardless of the current 
expiration date of the applicant's
driver's license, may be 
subject to any assignment by the Secretary.
Failure to comply 
with the Secretary's assignment may result in the
applicant's 
forfeiture of an opportunity to receive a commercial driver's

license prior to April 1, 1992.


    (g) The Secretary of State shall designate on a
driver's 
license issued, a space where the licensee may indicate that he 
or
she has drafted a living will in accordance with the 
Illinois Living Will
Act or a durable power of attorney for 
health care in accordance with the
Illinois Power of Attorney 
Act.


    (g-1) The Secretary of State, in his or her discretion, may 
designate on
each driver's license issued a space where the 
licensee may place a sticker or
decal, issued by the Secretary 
of State, of uniform size as the Secretary may
specify, that 
shall indicate in appropriate language that the owner of the

license has renewed his or her driver's license.


    (h) A person who acts in good faith in accordance with the 
terms of
this Section is not liable for damages in any civil 
action or subject to
prosecution in any criminal proceeding for 
his or her act.


(Source: P.A. 96-607, eff. 8-24-09; 96-1231, eff. 7-23-10; 
97-263, eff. 8-5-11.)


 
    Section 99. Effective date. This Act takes effect January 
1, 2013.