101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB4730

 

Introduced 2/18/2020, by Rep. Lamont J. Robinson, Jr.

 

SYNOPSIS AS INTRODUCED:
 
15 ILCS 335/4  from Ch. 124, par. 24
625 ILCS 5/6-106  from Ch. 95 1/2, par. 6-106

    Amends the Illinois Identification Card Act and the Illinois Vehicle Code. Provides that the Secretary of State may provide by rule for the issuance of an Illinois Identification Card or driver's license to an applicant that depicts the applicant wearing a religious head dressing; however, the Secretary shall not require such an applicant to sign an affidavit stating that he or she, in observation of a religious conviction, wears the head dressing at all times when in public.


LRB101 16763 LNS 66156 b

 

 

A BILL FOR

 

HB4730LRB101 16763 LNS 66156 b

1    AN ACT concerning the Secretary of State.
 
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 4 as follows:
 
6    (15 ILCS 335/4)  (from Ch. 124, par. 24)
7    Sec. 4. Identification card.
8    (a) The Secretary of State shall issue a standard Illinois
9Identification Card to any natural person who is a resident of
10the State of Illinois who applies for such card, or renewal
11thereof. No identification card shall be issued to any person
12who holds a valid foreign state identification card, license,
13or permit unless the person first surrenders to the Secretary
14of State the valid foreign state identification card, license,
15or permit. The card shall be prepared and supplied by the
16Secretary of State and shall include a photograph and signature
17or mark of the applicant. However, the Secretary of State may
18provide by rule for the issuance of Illinois Identification
19Cards without photographs if the applicant has a bona fide
20religious objection to being photographed or to the display of
21his or her photograph. The Secretary of State may provide by
22rule for the issuance of an Illinois Identification Card to an
23applicant that depicts the applicant wearing a religious head

 

 

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1dressing; however, the Secretary shall not require an applicant
2to sign an affidavit stating that he or she, in observation of
3a religious conviction, wears the head dressing at all times
4when in public. The Illinois Identification Card may be used
5for identification purposes in any lawful situation only by the
6person to whom it was issued. As used in this Act, "photograph"
7means any color photograph or digitally produced and captured
8image of an applicant for an identification card. As used in
9this Act, "signature" means the name of a person as written by
10that person and captured in a manner acceptable to the
11Secretary of State.
12    (a-5) If an applicant for an identification card has a
13current driver's license or instruction permit issued by the
14Secretary of State, the Secretary may require the applicant to
15utilize the same residence address and name on the
16identification card, driver's license, and instruction permit
17records maintained by the Secretary. The Secretary may
18promulgate rules to implement this provision.
19    (a-10) If the applicant is a judicial officer as defined in
20Section 1-10 of the Judicial Privacy Act or a peace officer,
21the applicant may elect to have his or her office or work
22address listed on the card instead of the applicant's residence
23or mailing address. The Secretary may promulgate rules to
24implement this provision. For the purposes of this subsection
25(a-10), "peace officer" means any person who by virtue of his
26or her office or public employment is vested by law with a duty

 

 

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1to maintain public order or to make arrests for a violation of
2any penal statute of this State, whether that duty extends to
3all violations or is limited to specific violations.
4    (a-15) The Secretary of State may provide for an expedited
5process for the issuance of an Illinois Identification Card.
6The Secretary shall charge an additional fee for the expedited
7issuance of an Illinois Identification Card, to be set by rule,
8not to exceed $75. All fees collected by the Secretary for
9expedited Illinois Identification Card service shall be
10deposited into the Secretary of State Special Services Fund.
11The Secretary may adopt rules regarding the eligibility,
12process, and fee for an expedited Illinois Identification Card.
13If the Secretary of State determines that the volume of
14expedited identification card requests received on a given day
15exceeds the ability of the Secretary to process those requests
16in an expedited manner, the Secretary may decline to provide
17expedited services, and the additional fee for the expedited
18service shall be refunded to the applicant.
19    (a-20) The Secretary of State shall issue a standard
20Illinois Identification Card to a committed person upon release
21on parole, mandatory supervised release, aftercare release,
22final discharge, or pardon from the Department of Corrections
23or Department of Juvenile Justice, if the released person
24presents a certified copy of his or her birth certificate,
25social security card or other documents authorized by the
26Secretary, and 2 documents proving his or her Illinois

 

 

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1residence address. Documents proving residence address may
2include any official document of the Department of Corrections
3or the Department of Juvenile Justice showing the released
4person's address after release and a Secretary of State
5prescribed certificate of residency form, which may be executed
6by Department of Corrections or Department of Juvenile Justice
7personnel.
8    (a-25) The Secretary of State shall issue a limited-term
9Illinois Identification Card valid for 90 days to a committed
10person upon release on parole, mandatory supervised release,
11aftercare release, final discharge, or pardon from the
12Department of Corrections or Department of Juvenile Justice, if
13the released person is unable to present a certified copy of
14his or her birth certificate and social security card or other
15documents authorized by the Secretary, but does present a
16Secretary of State prescribed verification form completed by
17the Department of Corrections or Department of Juvenile
18Justice, verifying the released person's date of birth and
19social security number and 2 documents proving his or her
20Illinois residence address. The verification form must have
21been completed no more than 30 days prior to the date of
22application for the Illinois Identification Card. Documents
23proving residence address shall include any official document
24of the Department of Corrections or the Department of Juvenile
25Justice showing the person's address after release and a
26Secretary of State prescribed certificate of residency, which

 

 

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1may be executed by Department of Corrections or Department of
2Juvenile Justice personnel.
3    Prior to the expiration of the 90-day period of the
4limited-term Illinois Identification Card, if the released
5person submits to the Secretary of State a certified copy of
6his or her birth certificate and his or her social security
7card or other documents authorized by the Secretary, a standard
8Illinois Identification Card shall be issued. A limited-term
9Illinois Identification Card may not be renewed.
10    (a-30) The Secretary of State shall issue a standard
11Illinois Identification Card to a person upon conditional
12release or absolute discharge from the custody of the
13Department of Human Services, if the person presents a
14certified copy of his or her birth certificate, social security
15card, or other documents authorized by the Secretary, and a
16document proving his or her Illinois residence address. The
17Secretary of State shall issue a standard Illinois
18Identification Card to a person no sooner than 14 days prior to
19his or her conditional release or absolute discharge if
20personnel from the Department of Human Services bring the
21person to a Secretary of State location with the required
22documents. Documents proving residence address may include any
23official document of the Department of Human Services showing
24the person's address after release and a Secretary of State
25prescribed verification form, which may be executed by
26personnel of the Department of Human Services.

 

 

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1    (a-35) The Secretary of State shall issue a limited-term
2Illinois Identification Card valid for 90 days to a person upon
3conditional release or absolute discharge from the custody of
4the Department of Human Services, if the person is unable to
5present a certified copy of his or her birth certificate and
6social security card or other documents authorized by the
7Secretary, but does present a Secretary of State prescribed
8verification form completed by the Department of Human
9Services, verifying the person's date of birth and social
10security number, and a document proving his or her Illinois
11residence address. The verification form must have been
12completed no more than 30 days prior to the date of application
13for the Illinois Identification Card. The Secretary of State
14shall issue a limited-term Illinois Identification Card to a
15person no sooner than 14 days prior to his or her conditional
16release or absolute discharge if personnel from the Department
17of Human Services bring the person to a Secretary of State
18location with the required documents. Documents proving
19residence address shall include any official document of the
20Department of Human Services showing the person's address after
21release and a Secretary of State prescribed verification form,
22which may be executed by personnel of the Department of Human
23Services.
24    (b) The Secretary of State shall issue a special Illinois
25Identification Card, which shall be known as an Illinois Person
26with a Disability Identification Card, to any natural person

 

 

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1who is a resident of the State of Illinois, who is a person
2with a disability as defined in Section 4A of this Act, who
3applies for such card, or renewal thereof. No Illinois Person
4with a Disability Identification Card shall be issued to any
5person who holds a valid foreign state identification card,
6license, or permit unless the person first surrenders to the
7Secretary of State the valid foreign state identification card,
8license, or permit. The Secretary of State shall charge no fee
9to issue such card. The card shall be prepared and supplied by
10the Secretary of State, and shall include a photograph and
11signature or mark of the applicant, a designation indicating
12that the card is an Illinois Person with a Disability
13Identification Card, and shall include a comprehensible
14designation of the type and classification of the applicant's
15disability as set out in Section 4A of this Act. However, the
16Secretary of State may provide by rule for the issuance of
17Illinois Person with a Disability Identification Cards without
18photographs if the applicant has a bona fide religious
19objection to being photographed or to the display of his or her
20photograph. If the applicant so requests, the card shall
21include a description of the applicant's disability and any
22information about the applicant's disability or medical
23history which the Secretary determines would be helpful to the
24applicant in securing emergency medical care. If a mark is used
25in lieu of a signature, such mark shall be affixed to the card
26in the presence of two witnesses who attest to the authenticity

 

 

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1of the mark. The Illinois Person with a Disability
2Identification Card may be used for identification purposes in
3any lawful situation by the person to whom it was issued.
4    The Illinois Person with a Disability Identification Card
5may be used as adequate documentation of disability in lieu of
6a physician's determination of disability, a determination of
7disability from a physician assistant, a determination of
8disability from an advanced practice registered nurse, or any
9other documentation of disability whenever any State law
10requires that a person with a disability provide such
11documentation of disability, however an Illinois Person with a
12Disability Identification Card shall not qualify the
13cardholder to participate in any program or to receive any
14benefit which is not available to all persons with like
15disabilities. Notwithstanding any other provisions of law, an
16Illinois Person with a Disability Identification Card, or
17evidence that the Secretary of State has issued an Illinois
18Person with a Disability Identification Card, shall not be used
19by any person other than the person named on such card to prove
20that the person named on such card is a person with a
21disability or for any other purpose unless the card is used for
22the benefit of the person named on such card, and the person
23named on such card consents to such use at the time the card is
24so used.
25    An optometrist's determination of a visual disability
26under Section 4A of this Act is acceptable as documentation for

 

 

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1the purpose of issuing an Illinois Person with a Disability
2Identification Card.
3    When medical information is contained on an Illinois Person
4with a Disability Identification Card, the Office of the
5Secretary of State shall not be liable for any actions taken
6based upon that medical information.
7    (c) The Secretary of State shall provide that each original
8or renewal Illinois Identification Card or Illinois Person with
9a Disability Identification Card issued to a person under the
10age of 21 shall be of a distinct nature from those Illinois
11Identification Cards or Illinois Person with a Disability
12Identification Cards issued to individuals 21 years of age or
13older. The color designated for Illinois Identification Cards
14or Illinois Person with a Disability Identification Cards for
15persons under the age of 21 shall be at the discretion of the
16Secretary of State.
17    (c-1) Each original or renewal Illinois Identification
18Card or Illinois Person with a Disability Identification Card
19issued to a person under the age of 21 shall display the date
20upon which the person becomes 18 years of age and the date upon
21which the person becomes 21 years of age.
22    (c-3) The General Assembly recognizes the need to identify
23military veterans living in this State for the purpose of
24ensuring that they receive all of the services and benefits to
25which they are legally entitled, including healthcare,
26education assistance, and job placement. To assist the State in

 

 

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1identifying these veterans and delivering these vital services
2and benefits, the Secretary of State is authorized to issue
3Illinois Identification Cards and Illinois Person with a
4Disability Identification Cards with the word "veteran"
5appearing on the face of the cards. This authorization is
6predicated on the unique status of veterans. The Secretary may
7not issue any other identification card which identifies an
8occupation, status, affiliation, hobby, or other unique
9characteristics of the identification card holder which is
10unrelated to the purpose of the identification card.
11    (c-5) Beginning on or before July 1, 2015, the Secretary of
12State shall designate a space on each original or renewal
13identification card where, at the request of the applicant, the
14word "veteran" shall be placed. The veteran designation shall
15be available to a person identified as a veteran under
16subsection (b) of Section 5 of this Act who was discharged or
17separated under honorable conditions.
18    (d) The Secretary of State may issue a Senior Citizen
19discount card, to any natural person who is a resident of the
20State of Illinois who is 60 years of age or older and who
21applies for such a card or renewal thereof. The Secretary of
22State shall charge no fee to issue such card. The card shall be
23issued in every county and applications shall be made available
24at, but not limited to, nutrition sites, senior citizen centers
25and Area Agencies on Aging. The applicant, upon receipt of such
26card and prior to its use for any purpose, shall have affixed

 

 

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1thereon in the space provided therefor his signature or mark.
2    (e) The Secretary of State, in his or her discretion, may
3designate on each Illinois Identification Card or Illinois
4Person with a Disability Identification Card a space where the
5card holder may place a sticker or decal, issued by the
6Secretary of State, of uniform size as the Secretary may
7specify, that shall indicate in appropriate language that the
8card holder has renewed his or her Illinois Identification Card
9or Illinois Person with a Disability Identification Card.
10(Source: P.A. 99-143, eff. 7-27-15; 99-173, eff. 7-29-15;
1199-305, eff. 1-1-16; 99-642, eff. 7-28-16; 99-907, eff. 7-1-17;
12100-513, eff. 1-1-18; 100-717, eff. 7-1-19.)
 
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. The Secretary may

 

 

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1provide by rule for the issuance of a driver's license to an
2applicant that depicts the applicant wearing a religious head
3dressing; however, the Secretary shall not require an applicant
4to sign an affidavit stating that he or she, in observation of
5a religious conviction, wears the head dressing at all times
6when in public. For the purposes of this subsection (b), "peace
7officer" means any person who by virtue of his or her office or
8public employment is vested by law with a duty to maintain
9public order or to make arrests for a violation of any penal
10statute of this State, whether that duty extends to all
11violations or is limited to specific violations.
12    (b-3) Upon the first issuance of a request for proposals
13for a digital driver's license and identification card issuance
14and facial recognition system issued after January 1, 2020 (the
15effective date of Public Act 101-513) this amendatory Act of
16the 101st General Assembly, and upon implementation of a new or
17revised system procured pursuant to that request for proposals,
18the Secretary shall permit applicants to choose between "male",
19"female" or "non-binary" when designating the applicant's sex
20on the driver's license application form. The sex designated by
21the applicant shall be displayed on the driver's license issued
22to the applicant.
23    (b-5) Every applicant for a REAL ID compliant driver's
24license or permit shall provide proof of lawful status in the
25United States as defined in 6 CFR 37.3, as amended. Applicants
26who are unable to provide the Secretary with proof of lawful

 

 

HB4730- 14 -LRB101 16763 LNS 66156 b

1status may apply for a driver's license or permit under Section
26-105.1 of this Code.
3    (c) The application form shall include a notice to the
4applicant of the registration obligations of sex offenders
5under the Sex Offender Registration Act. The notice shall be
6provided in a form and manner prescribed by the Secretary of
7State. For purposes of this subsection (c), "sex offender" has
8the meaning ascribed to it in Section 2 of the Sex Offender
9Registration Act.
10    (d) Any male United States citizen or immigrant who applies
11for any permit or license authorized to be issued under this
12Code or for a renewal of any permit or license, and who is at
13least 18 years of age but less than 26 years of age, must be
14registered in compliance with the requirements of the federal
15Military Selective Service Act. The Secretary of State must
16forward in an electronic format the necessary personal
17information regarding the applicants identified in this
18subsection (d) to the Selective Service System. The applicant's
19signature on the application serves as an indication that the
20applicant either has already registered with the Selective
21Service System or that he is authorizing the Secretary to
22forward to the Selective Service System the necessary
23information for registration. The Secretary must notify the
24applicant at the time of application that his signature
25constitutes consent to registration with the Selective Service
26System, if he is not already registered.

 

 

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1    (e) Beginning on or before July 1, 2015, for each original
2or renewal driver's license application under this Code, the
3Secretary shall inquire as to whether the applicant is a
4veteran for purposes of issuing a driver's license with a
5veteran designation under subsection (e-5) of Section 6-110 of
6this Code. The acceptable forms of proof shall include, but are
7not limited to, Department of Defense form DD-214, Department
8of Defense form DD-256 for applicants who did not receive a
9form DD-214 upon the completion of initial basic training,
10Department of Defense form DD-2 (Retired), an identification
11card issued under the federal Veterans Identification Card Act
12of 2015, or a United States Department of Veterans Affairs
13summary of benefits letter. If the document cannot be stamped,
14the Illinois Department of Veterans' Affairs shall provide a
15certificate to the veteran to provide to the Secretary of
16State. The Illinois Department of Veterans' Affairs shall
17advise the Secretary as to what other forms of proof of a
18person's status as a veteran are acceptable.
19    For each applicant who is issued a driver's license with a
20veteran designation, the Secretary shall provide the
21Department of Veterans' Affairs with the applicant's name,
22address, date of birth, gender and such other demographic
23information as agreed to by the Secretary and the Department.
24The Department may take steps necessary to confirm the
25applicant is a veteran. If after due diligence, including
26writing to the applicant at the address provided by the

 

 

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1Secretary, the Department is unable to verify the applicant's
2veteran status, the Department shall inform the Secretary, who
3shall notify the applicant that the he or she must confirm
4status as a veteran, or the driver's license will be cancelled.
5    For purposes of this subsection (e):
6    "Armed forces" means any of the Armed Forces of the United
7States, including a member of any reserve component or National
8Guard unit.
9    "Veteran" means a person who has served in the armed forces
10and was discharged or separated under honorable conditions.
11(Source: P.A. 100-201, eff. 8-18-17; 100-248, eff. 8-22-17;
12100-811, eff. 1-1-19; 101-106, eff. 1-1-20; 101-287, eff.
138-9-19; 101-513, eff. 1-1-20; revised 9-23-19.)