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Public Act 101-0287


 

Public Act 0287 101ST GENERAL ASSEMBLY

  
  
  

 


 
Public Act 101-0287
 
HB3536 EnrolledLRB101 10511 TAE 55617 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 Section 5 as follows:
 
    (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. If the applicant is a judicial
officer as defined in Section 1-10 of the Judicial Privacy Act
or a peace officer, the applicant may elect to have his or her
office or work address in lieu of the applicant's residence or
mailing address. An applicant for an Illinois Person with a
Disability Identification 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 "person with a disability"
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. For the purposes of this subsection
(a), "peace officer" means any person who by virtue of his or
her office or public employment is vested by law with a duty to
maintain public order or to make arrests for a violation of any
penal statute of this State, whether that duty extends to all
violations or is limited to specific violations.
    (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, Department of
Defense form DD-256 for applicants who did not receive a form
DD-214 upon the completion of initial basic training, or an
identification card issued under the federal Veterans
Identification Card Act of 2015. If the document cannot be
stamped, the Illinois Department of Veterans' Affairs shall
provide a certificate to the veteran to provide to the
Secretary of State. The Illinois Department of Veterans'
Affairs shall advise the Secretary as to 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):
    "Armed forces" means any of the Armed Forces of the United
States, including a member of any reserve component or National
Guard unit.
    "Veteran" means a person who has served in the armed forces
and was discharged or separated under honorable conditions.
    (c) All applicants for REAL ID compliant standard Illinois
Identification Cards and Illinois Person with a Disability
Identification Cards shall provide proof of lawful status in
the United States as defined in 6 CFR 37.3, as amended.
Applicants who are unable to provide the Secretary with proof
of lawful status are ineligible for REAL ID compliant
identification cards under this Act.
(Source: P.A. 99-511, eff. 1-1-17; 99-544, eff. 7-15-16;
100-201, eff. 8-18-17; 100-248, eff. 8-22-17; 100-811, eff.
1-1-19.)
 
    Section 10. The Illinois Vehicle Code is amended by
changing Section 6-106 as follows:
 
    (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 Code 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 one 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. In the case of an
applicant who is a judicial officer or peace officer, the
Secretary may allow the applicant to provide an office or work
address in lieu of a residence or 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. For the purposes of this
subsection (b), "peace officer" means any person who by virtue
of his or her office or public employment is vested by law with
a duty to maintain public order or to make arrests for a
violation of any penal statute of this State, whether that duty
extends to all violations or is limited to specific violations.
    (b-5) Every applicant for a REAL ID compliant driver's
license or permit shall provide proof of lawful status in the
United States as defined in 6 CFR 37.3, as amended. Applicants
who are unable to provide the Secretary with proof of lawful
status may apply for a driver's license or permit under Section
6-105.1 of this Code.
    (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
Code 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 Code, 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 Code. The acceptable forms of proof shall include, but are
not limited to, Department of Defense form DD-214, Department
of Defense form DD-256 for applicants who did not receive a
form DD-214 upon the completion of initial basic training, or
an identification card issued under the federal Veterans
Identification Card Act of 2015. If the document cannot be
stamped, the Illinois Department of Veterans' Affairs shall
provide a certificate to the veteran to provide to the
Secretary of State. The Illinois Department of Veterans'
Affairs shall advise the Secretary as to 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):
    "Armed forces" means any of the Armed Forces of the United
States, including a member of any reserve component or National
Guard unit.
    "Veteran" means a person who has served in the armed forces
and was discharged or separated under honorable conditions.
(Source: P.A. 99-511, eff. 1-1-17; 99-544, eff. 7-15-16;
100-201, eff. 8-18-17; 100-248, eff. 8-22-17; 100-811, eff.
1-1-19.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 8/9/2019