Sen. Doris Turner

Filed: 10/24/2023

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 856

2    AMENDMENT NO. ______. Amend Senate Bill 856 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Illinois Identification Card Act is
5amended by changing Section 5 as follows:
 
6    (15 ILCS 335/5)  (from Ch. 124, par. 25)
7    (Text of Section before amendment by P.A. 103-210)
8    Sec. 5. Applications.
9    (a) Any natural person who is a resident of the State of
10Illinois may file an application for an identification card,
11or for the renewal thereof, in a manner prescribed by the
12Secretary. Each original application shall be completed by the
13applicant in full and shall set forth the legal name,
14residence address and zip code, social security number, birth
15date, sex and a brief description of the applicant. The
16applicant shall be photographed, unless the Secretary of State

 

 

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1has provided by rule for the issuance of identification cards
2without photographs and the applicant is deemed eligible for
3an identification card without a photograph under the terms
4and conditions imposed by the Secretary of State, and he or she
5shall also submit any other information as the Secretary may
6deem necessary or such documentation as the Secretary may
7require to determine the identity of the applicant. In
8addition to the residence address, the Secretary may allow the
9applicant to provide a mailing address. If the applicant is an
10employee of the Department of Children and Family Services
11with a job title of "Child Protection Specialist Trainee",
12"Child Protection Specialist", "Child Protection Advanced
13Specialist", "Child Welfare Specialist Trainee", "Child
14Welfare Specialist", or "Child Welfare Advanced Specialist" or
15a judicial officer as defined in Section 1-10 of the Judicial
16Privacy Act or a peace officer, the applicant may elect to have
17his or her office or work address in lieu of the applicant's
18residence or mailing address. An applicant for an Illinois
19Person with a Disability Identification Card must also submit
20with each original or renewal application, on forms prescribed
21by the Secretary, such documentation as the Secretary may
22require, establishing that the applicant is a "person with a
23disability" as defined in Section 4A of this Act, and setting
24forth the applicant's type and class of disability as set
25forth in Section 4A of this Act. For the purposes of this
26subsection (a), "peace officer" means any person who by virtue

 

 

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1of his or her office or public employment is vested by law with
2a duty to maintain public order or to make arrests for a
3violation of any penal statute of this State, whether that
4duty extends to all violations or is limited to specific
5violations.
6    (a-5) Upon the first issuance of a request for proposals
7for a digital driver's license and identification card
8issuance and facial recognition system issued after January 1,
92020 (the effective date of Public Act 101-513), and upon
10implementation of a new or revised system procured pursuant to
11that request for proposals, the Secretary shall permit
12applicants to choose between "male", "female", or "non-binary"
13when designating the applicant's sex on the identification
14card application form. The sex designated by the applicant
15shall be displayed on the identification card issued to the
16applicant.
17    (b) Beginning on or before July 1, 2015, for each original
18or renewal identification card application under this Act, the
19Secretary shall inquire as to whether the applicant is a
20veteran for purposes of issuing an identification card with a
21veteran designation under subsection (c-5) of Section 4 of
22this Act. The acceptable forms of proof shall include, but are
23not limited to, Department of Defense form DD-214, Department
24of Defense form DD-256 for applicants who did not receive a
25form DD-214 upon the completion of initial basic training,
26Department of Defense form DD-2 (Retired), an identification

 

 

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1card issued under the federal Veterans Identification Card Act
2of 2015, or a United States Department of Veterans Affairs
3summary of benefits letter. If the document cannot be stamped,
4the Illinois Department of Veterans' Affairs shall provide a
5certificate to the veteran to provide to the Secretary of
6State. The Illinois Department of Veterans' Affairs shall
7advise the Secretary as to what other forms of proof of a
8person's status as a veteran are acceptable.
9    For each applicant who is issued an identification card
10with a veteran designation, the Secretary shall provide the
11Department of Veterans' Affairs with the applicant's name,
12address, date of birth, gender, and such other demographic
13information as agreed to by the Secretary and the Department.
14The Department may take steps necessary to confirm the
15applicant is a veteran. If after due diligence, including
16writing to the applicant at the address provided by the
17Secretary, the Department is unable to verify the applicant's
18veteran status, the Department shall inform the Secretary, who
19shall notify the applicant that he or she must confirm status
20as a veteran, or the identification card will be cancelled.
21    For purposes of this subsection (b):
22    "Armed forces" means any of the Armed Forces of the United
23States, including a member of any reserve component or
24National Guard unit.
25    "Veteran" means a person who has served in the armed
26forces and was discharged or separated under honorable

 

 

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1conditions.
2    (c) All applicants for REAL ID compliant standard Illinois
3Identification Cards and Illinois Person with a Disability
4Identification Cards shall provide proof of lawful status in
5the United States as defined in 6 CFR 37.3, as amended.
6Applicants who are unable to provide the Secretary with proof
7of lawful status are ineligible for REAL ID compliant
8identification cards under this Act.
9(Source: P.A. 101-106, eff. 1-1-20; 101-287, eff. 8-9-19;
10101-513, eff. 1-1-20; 102-558, eff. 8-20-21.)
 
11    (Text of Section after amendment by P.A. 103-210)
12    Sec. 5. Applications.
13    (a) Any natural person who is a resident of the State of
14Illinois may file an application for an identification card,
15or for the renewal thereof, in a manner prescribed by the
16Secretary. Each original application shall be completed by the
17applicant in full and shall set forth the legal name,
18residence address and zip code, social security number, if the
19person has a social security number, birth date, sex and a
20brief description of the applicant. The applicant shall be
21photographed, unless the Secretary of State has provided by
22rule for the issuance of identification cards without
23photographs and the applicant is deemed eligible for an
24identification card without a photograph under the terms and
25conditions imposed by the Secretary of State, and he or she

 

 

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1shall also submit any other information as the Secretary may
2deem necessary or such documentation as the Secretary may
3require to determine the identity of the applicant. In
4addition to the residence address, the Secretary may allow the
5applicant to provide a mailing address. If the applicant is an
6employee of the Department of Children and Family Services
7with a job title of "Child Protection Specialist Trainee",
8"Child Protection Specialist", "Child Protection Advanced
9Specialist", "Child Welfare Specialist Trainee", "Child
10Welfare Specialist" or "Child Welfare Advanced Specialist or a
11judicial officer as defined in Section 1-10 of the Judicial
12Privacy Act or a peace officer, the applicant may elect to have
13his or her office or work address in lieu of the applicant's
14residence or mailing address. An applicant for an Illinois
15Person with a Disability Identification Card must also submit
16with each original or renewal application, on forms prescribed
17by the Secretary, such documentation as the Secretary may
18require, establishing that the applicant is a "person with a
19disability" as defined in Section 4A of this Act, and setting
20forth the applicant's type and class of disability as set
21forth in Section 4A of this Act. For the purposes of this
22subsection (a), "peace officer" means any person who by virtue
23of his or her office or public employment is vested by law with
24a duty to maintain public order or to make arrests for a
25violation of any penal statute of this State, whether that
26duty extends to all violations or is limited to specific

 

 

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1violations.
2    (a-5) Upon the first issuance of a request for proposals
3for a digital driver's license and identification card
4issuance and facial recognition system issued after January 1,
52020 (the effective date of Public Act 101-513), and upon
6implementation of a new or revised system procured pursuant to
7that request for proposals, the Secretary shall permit
8applicants to choose between "male", "female", or "non-binary"
9when designating the applicant's sex on the identification
10card application form. The sex designated by the applicant
11shall be displayed on the identification card issued to the
12applicant.
13    (b) Beginning on or before July 1, 2015, for each original
14or renewal identification card application under this Act, the
15Secretary shall inquire as to whether the applicant is a
16veteran for purposes of issuing an identification card with a
17veteran designation under subsection (c-5) of Section 4 of
18this Act. The acceptable forms of proof shall include, but are
19not limited to, Department of Defense form DD-214, Department
20of Defense form DD-256 for applicants who did not receive a
21form DD-214 upon the completion of initial basic training,
22Department of Defense form DD-2 (Retired), an identification
23card issued under the federal Veterans Identification Card Act
24of 2015, or a United States Department of Veterans Affairs
25summary of benefits letter. If the document cannot be stamped,
26the Illinois Department of Veterans' Affairs shall provide a

 

 

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1certificate to the veteran to provide to the Secretary of
2State. The Illinois Department of Veterans' Affairs shall
3advise the Secretary as to what other forms of proof of a
4person's status as a veteran are acceptable.
5    For each applicant who is issued an identification card
6with a veteran designation, the Secretary shall provide the
7Department of Veterans' Affairs with the applicant's name,
8address, date of birth, gender, and such other demographic
9information as agreed to by the Secretary and the Department.
10The Department may take steps necessary to confirm the
11applicant is a veteran. If after due diligence, including
12writing to the applicant at the address provided by the
13Secretary, the Department is unable to verify the applicant's
14veteran status, the Department shall inform the Secretary, who
15shall notify the applicant that he or she must confirm status
16as a veteran, or the identification card will be cancelled.
17    For purposes of this subsection (b):
18    "Armed forces" means any of the Armed Forces of the United
19States, including a member of any reserve component or
20National Guard unit.
21    "Veteran" means a person who has served in the armed
22forces and was discharged or separated under honorable
23conditions.
24    (c) All applicants for REAL ID compliant standard Illinois
25Identification Cards and Illinois Person with a Disability
26Identification Cards shall provide proof of lawful status in

 

 

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1the United States as defined in 6 CFR 37.3, as amended.
2Applicants who are unable to provide the Secretary with proof
3of lawful status are ineligible for REAL ID compliant
4identification cards under this Act.
5    (d) The Secretary of State may accept, as proof of date of
6birth and written signature for any applicant for a standard
7identification card who does not have a social security number
8or documentation issued by the United States Department of
9Homeland Security authorizing the applicant's presence in this
10country, any passport validly issued to the applicant from the
11applicant's country of citizenship or a consular
12identification document validly issued to the applicant by a
13consulate of that country as defined in Section 5 of the
14Consular Identification Document Act. Any such documents must
15be either unexpired or presented by an applicant within 2
16years of its expiration date.
17(Source: P.A. 102-558, eff. 8-20-21; 103-210, eff. 7-1-24.)
 
18    Section 10. The Illinois Vehicle Code is amended by
19changing Section 6-110 as follows:
 
20    (625 ILCS 5/6-110)  (from Ch. 95 1/2, par. 6-110)
21    Sec. 6-110. Licenses issued to drivers.
22    (a) The Secretary of State shall issue to every qualifying
23applicant a driver's license as applied for, which license
24shall bear a distinguishing number assigned to the licensee,

 

 

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1the legal name, signature, zip code, date of birth, residence
2address, and a brief description of the licensee.
3    Licenses issued shall also indicate the classification and
4the restrictions under Section 6-104 of this Code. The
5Secretary may adopt rules to establish informational
6restrictions that can be placed on the driver's license
7regarding specific conditions of the licensee.
8    A driver's license issued may, in the discretion of the
9Secretary, include a suitable photograph of a type prescribed
10by the Secretary.
11    (a-1) If the licensee is less than 18 years of age, unless
12one of the exceptions in subsection (a-2) apply, the license
13shall, as a matter of law, be invalid for the operation of any
14motor vehicle during the following times:
15        (A) Between 11:00 p.m. Friday and 6:00 a.m. Saturday;
16        (B) Between 11:00 p.m. Saturday and 6:00 a.m. on
17    Sunday; and
18        (C) Between 10:00 p.m. on Sunday to Thursday,
19    inclusive, and 6:00 a.m. on the following day.
20    (a-2) The driver's license of a person under the age of 18
21shall not be invalid as described in subsection (a-1) of this
22Section if the licensee under the age of 18 was:
23        (1) accompanied by the licensee's parent or guardian
24    or other person in custody or control of the minor;
25        (2) on an errand at the direction of the minor's
26    parent or guardian, without any detour or stop;

 

 

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1        (3) in a motor vehicle involved in interstate travel;
2        (4) going to or returning home from an employment
3    activity, without any detour or stop;
4        (5) involved in an emergency;
5        (6) going to or returning home from, without any
6    detour or stop, an official school, religious, or other
7    recreational activity supervised by adults and sponsored
8    by a government or governmental agency, a civic
9    organization, or another similar entity that takes
10    responsibility for the licensee, without any detour or
11    stop;
12        (7) exercising First Amendment rights protected by the
13    United States Constitution, such as the free exercise of
14    religion, freedom of speech, and the right of assembly; or
15        (8) married or had been married or is an emancipated
16    minor under the Emancipation of Minors Act.
17    (a-2.5) The driver's license of a person who is 17 years of
18age and has been licensed for at least 12 months is not invalid
19as described in subsection (a-1) of this Section while the
20licensee is participating as an assigned driver in a Safe
21Rides program that meets the following criteria:
22        (1) the program is sponsored by the Boy Scouts of
23    America or another national public service organization;
24    and
25        (2) the sponsoring organization carries liability
26    insurance covering the program.

 

 

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1    (a-3) If a graduated driver's license holder over the age
2of 18 committed an offense against traffic regulations
3governing the movement of vehicles or any violation of Section
46-107 or Section 12-603.1 of this Code in the 6 months prior to
5the graduated driver's license holder's 18th birthday, and was
6subsequently convicted of the offense, the provisions of
7subsection (a-1) shall continue to apply until such time as a
8period of 6 consecutive months has elapsed without an
9additional violation and subsequent conviction of an offense
10against traffic regulations governing the movement of vehicles
11or Section 6-107 or Section 12-603.1 of this Code.
12    (a-4) If an applicant for a driver's license or
13instruction permit has a current identification card issued by
14the Secretary of State, the Secretary may require the
15applicant to utilize the same residence address and name on
16the identification card, driver's license, and instruction
17permit records maintained by the Secretary. The Secretary may
18promulgate rules to implement this provision.
19    (a-5) If an applicant for a driver's license is an
20employee of the Department of Children and Family Services
21with a job title of "Child Protection Specialist Trainee",
22"Child Protection Specialist", "Child Protection Advanced
23Specialist", "Child Welfare Specialist Trainee", "Child
24Welfare Specialist", or "Child Welfare Advanced Specialist" or
25a judicial officer or a peace officer, the applicant may elect
26to have his or her office or work address listed on the license

 

 

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1instead of the applicant's residence or mailing address. The
2Secretary of State shall adopt rules to implement this
3subsection (a-5). For the purposes of this subsection (a-5),
4"peace officer" means any person who by virtue of his or her
5office or public employment is vested by law with a duty to
6maintain public order or to make arrests for a violation of any
7penal statute of this State, whether that duty extends to all
8violations or is limited to specific violations.
9    (b) Until the Secretary of State establishes a First
10Person Consent organ and tissue donor registry under Section
116-117 of this Code, the Secretary of State shall provide a
12format on the reverse of each driver's license issued which
13the licensee may use to execute a document of gift conforming
14to the provisions of the Illinois Anatomical Gift Act. The
15format shall allow the licensee to indicate the gift intended,
16whether specific organs, any organ, or the entire body, and
17shall accommodate the signatures of the donor and 2 witnesses.
18The Secretary shall also inform each applicant or licensee of
19this format, describe the procedure for its execution, and may
20offer the necessary witnesses; provided that in so doing, the
21Secretary shall advise the applicant or licensee that he or
22she is under no compulsion to execute a document of gift. A
23brochure explaining this method of executing an anatomical
24gift document shall be given to each applicant or licensee.
25The brochure shall advise the applicant or licensee that he or
26she is under no compulsion to execute a document of gift, and

 

 

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1that he or she may wish to consult with family, friends or
2clergy before doing so. The Secretary of State may undertake
3additional efforts, including education and awareness
4activities, to promote organ and tissue donation.
5    (c) The Secretary of State shall designate on each
6driver's license issued a space where the licensee may place a
7sticker or decal of the uniform size as the Secretary may
8specify, which sticker or decal may indicate in appropriate
9language that the owner of the license carries an Emergency
10Medical Information Card.
11    The sticker may be provided by any person, hospital,
12school, medical group, or association interested in assisting
13in implementing the Emergency Medical Information Card, but
14shall meet the specifications as the Secretary may by rule or
15regulation require.
16    (d) The Secretary of State shall designate on each
17driver's license issued a space where the licensee may
18indicate his blood type and RH factor.
19    (e) The Secretary of State shall provide that each
20original or renewal driver's license issued to a licensee
21under 21 years of age shall be of a distinct nature from those
22driver's licenses issued to individuals 21 years of age and
23older. The color designated for driver's licenses for
24licensees under 21 years of age shall be at the discretion of
25the Secretary of State.
26    (e-1) The Secretary shall provide that each driver's

 

 

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1license issued to a person under the age of 21 displays the
2date upon which the person becomes 18 years of age and the date
3upon which the person becomes 21 years of age.
4    (e-3) The General Assembly recognizes the need to identify
5military veterans living in this State for the purpose of
6ensuring that they receive all of the services and benefits to
7which they are legally entitled, including healthcare,
8education assistance, and job placement. To assist the State
9in identifying these veterans and delivering these vital
10services and benefits, the Secretary of State is authorized to
11issue drivers' licenses with the word "veteran" appearing on
12the face of the licenses. This authorization is predicated on
13the unique status of veterans. The Secretary may not issue any
14other driver's license which identifies an occupation, status,
15affiliation, hobby, or other unique characteristics of the
16license holder which is unrelated to the purpose of the
17driver's license.
18    (e-5) Beginning on or before July 1, 2015, the Secretary
19of State shall designate a space on each original or renewal
20driver's license where, at the request of the applicant, the
21word "veteran" shall be placed. The veteran designation shall
22be available to a person identified as a veteran under
23subsection (e) of Section 6-106 of this Code who was
24discharged or separated under honorable conditions.
25    (f) The Secretary of State shall inform all Illinois
26licensed commercial motor vehicle operators of the

 

 

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1requirements of the Uniform Commercial Driver License Act,
2Article V of this Chapter, and shall make provisions to insure
3that all drivers, seeking to obtain a commercial driver's
4license, be afforded an opportunity prior to April 1, 1992, to
5obtain the license. The Secretary is authorized to extend
6driver's license expiration dates, and assign specific times,
7dates and locations where these commercial driver's tests
8shall be conducted. Any applicant, regardless of the current
9expiration date of the applicant's driver's license, may be
10subject to any assignment by the Secretary. Failure to comply
11with the Secretary's assignment may result in the applicant's
12forfeiture of an opportunity to receive a commercial driver's
13license prior to April 1, 1992.
14    (g) The Secretary of State shall designate on a driver's
15license issued, a space where the licensee may indicate that
16he or she has drafted a living will in accordance with the
17Illinois Living Will Act or a durable power of attorney for
18health care in accordance with the Illinois Power of Attorney
19Act.
20    (g-1) The Secretary of State, in his or her discretion,
21may designate on each driver's license issued a space where
22the licensee may place a sticker or decal, issued by the
23Secretary of State, of uniform size as the Secretary may
24specify, that shall indicate in appropriate language that the
25owner of the license has renewed his or her driver's license.
26    (h) A person who acts in good faith in accordance with the

 

 

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1terms of this Section is not liable for damages in any civil
2action or subject to prosecution in any criminal proceeding
3for his or her act.
4(Source: P.A. 97-263, eff. 8-5-11; 97-739, eff. 1-1-13;
597-847, eff. 1-1-13; 97-1127, eff. 1-1-13; 98-323, eff.
61-1-14; 98-463, eff. 8-16-13.)
 
7    Section 95. No acceleration or delay. Where this Act makes
8changes in a statute that is represented in this Act by text
9that is not yet or no longer in effect (for example, a Section
10represented by multiple versions), the use of that text does
11not accelerate or delay the taking effect of (i) the changes
12made by this Act or (ii) provisions derived from any other
13Public Act.
 
14    Section 99. Effective date. This Act takes effect January
151, 2024.".