Illinois General Assembly - Full Text of SB2837
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Full Text of SB2837  97th General Assembly

SB2837enr 97TH GENERAL ASSEMBLY



 


 
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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 Sections 4, 5, and 11 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, or who applies for a standard Illinois Identification
12Card upon release as a committed person on parole, mandatory
13supervised release, final discharge, or pardon from the
14Department of Corrections by submitting an identification card
15issued by the Department of Corrections under Section 3-14-1 of
16the Unified Code of Corrections, together with the prescribed
17fees. No identification card shall be issued to any person who
18holds a valid foreign state identification card, license, or
19permit unless the person first surrenders to the Secretary of
20State the valid foreign state identification card, license, or
21permit. The card shall be prepared and supplied by the
22Secretary of State and shall include a photograph and signature
23or mark of the applicant. However, the Secretary of State may

 

 

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1provide by rule for the issuance of Illinois Identification
2Cards without photographs if the applicant has a bona fide
3religious objection to being photographed or to the display of
4his or her photograph. The Illinois Identification Card may be
5used for identification purposes in any lawful situation only
6by the person to whom it was issued. As used in this Act,
7"photograph" means any color photograph or digitally produced
8and captured image of an applicant for an identification card.
9As used in this Act, "signature" means the name of a person as
10written by that person and captured in a manner acceptable to
11the Secretary 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    (b) The Secretary of State shall issue a special Illinois
20Identification Card, which shall be known as an Illinois
21Disabled Person Identification Card, to any natural person who
22is a resident of the State of Illinois, who is a disabled
23person as defined in Section 4A of this Act, who applies for
24such card, or renewal thereof. No Disabled Person
25Identification Card shall be issued to any person who holds a
26valid foreign state identification card, license, or permit

 

 

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

 

 

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1physician's determination of disability, a determination of
2disability from a physician assistant who has been delegated
3the authority to make this determination by his or her
4supervising physician, a determination of disability from an
5advanced practice nurse who has a written collaborative
6agreement with a collaborating physician that authorizes the
7advanced practice nurse to make this determination, or any
8other documentation of disability whenever any State law
9requires that a disabled person provide such documentation of
10disability, however an Illinois Disabled Person Identification
11Card shall not qualify the cardholder to participate in any
12program or to receive any benefit which is not available to all
13persons with like disabilities. Notwithstanding any other
14provisions of law, an Illinois Disabled Person Identification
15Card, or evidence that the Secretary of State has issued an
16Illinois Disabled Person Identification Card, shall not be used
17by any person other than the person named on such card to prove
18that the person named on such card is a disabled person or for
19any other purpose unless the card is used for the benefit of
20the person named on such card, and the person named on such
21card consents to such use at the time the card is so used.
22    An optometrist's determination of a visual disability
23under Section 4A of this Act is acceptable as documentation for
24the purpose of issuing an Illinois Disabled Person
25Identification Card.
26    When medical information is contained on an Illinois

 

 

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1Disabled Person Identification Card, the Office of the
2Secretary of State shall not be liable for any actions taken
3based upon that medical information.
4    (c) Beginning January 1, 1986, the Secretary of State shall
5provide that each original or renewal Illinois Identification
6Card or Illinois Disabled Person Identification Card issued to
7a person under the age of 21, shall be of a distinct nature
8from those Illinois Identification Cards or Illinois Disabled
9Person Identification Cards issued to individuals 21 years of
10age or older. The color designated for Illinois Identification
11Cards or Illinois Disabled Person Identification Cards for
12persons under the age of 21 shall be at the discretion of the
13Secretary of State.
14    (c-1) Beginning January 1, 2003, each original or renewal
15Illinois Identification Card or Illinois Disabled Person
16Identification Card issued to a person under the age of 21
17shall display the date upon which the person becomes 18 years
18of age and the date upon which the person becomes 21 years of
19age.
20    (c-3) The General Assembly recognizes the need to identify
21military veterans living in this State for the purpose of
22ensuring that they receive all of the services and benefits to
23which they are legally entitled, including healthcare,
24education assistance, and job placement. To assist the State in
25identifying these veterans and delivering these vital services
26and benefits, the Secretary of State is authorized to issue

 

 

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

 

 

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1designate on each Illinois Identification Card or Illinois
2Disabled Person Identification Card a space where the card
3holder may place a sticker or decal, issued by the Secretary of
4State, of uniform size as the Secretary may specify, that shall
5indicate in appropriate language that the card holder has
6renewed his or her Illinois Identification Card or Illinois
7Disabled Person Identification Card.
8(Source: P.A. 96-146, eff. 1-1-10; 96-328, eff. 8-11-09;
996-1231, eff. 7-23-10; 97-371, eff. 1-1-12.)
 
10    (15 ILCS 335/5)  (from Ch. 124, par. 25)
11    Sec. 5. Applications.
12    (a) Any natural person who is a resident of the State of
13Illinois, may file an application for an identification card or
14for the renewal thereof, in a manner prescribed by the
15Secretary. Each original application shall be completed by the
16applicant in full and shall set forth the legal name, residence
17address and zip code, social security number, birth date, sex
18and a brief description of the applicant. The applicant shall
19be photographed, unless the Secretary of State has provided by
20rule for the issuance of identification cards without
21photographs and the applicant is deemed eligible for an
22identification card without a photograph under the terms and
23conditions imposed by the Secretary of State, and he or she
24shall also submit any other information as the Secretary may
25deem necessary or such documentation as the Secretary may

 

 

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1require to determine the identity of the applicant. In addition
2to the residence address, the Secretary may allow the applicant
3to provide a mailing address. An applicant for a disabled
4persons card must also submit with each original or renewal
5application, on forms prescribed by the Secretary, such
6documentation as the Secretary may require, establishing that
7the applicant is a "disabled person" as defined in Section 4A
8of this Act, and setting forth the applicant's type and class
9of disability as set forth in Section 4A of this Act.
10    (b) Beginning on or before July 1, 2015, for each original
11or renewal identification card application under this Act, the
12Secretary shall inquire as to whether the applicant is a
13veteran for purposes of issuing an identification card with a
14veteran designation under subsection (c-5) of Section 4 of this
15Act. The acceptable forms of proof shall include, but are not
16limited to, Department of Defense form DD-214. The Secretary
17shall determine by rule what other forms of proof of a person's
18status as a veteran are acceptable.
19    The Illinois Department of Veterans' Affairs shall confirm
20the status of the applicant as an honorably discharged veteran
21before the Secretary may issue the identification card.
22    For purposes of this subsection (b):
23    "Active duty" means active duty under an executive order of
24the President of the United States, an Act of the Congress of
25the United States, or an order of the Governor.
26    "Armed forces" means any of the Armed Forces of the United

 

 

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1States, including a member of any reserve component or National
2Guard unit called to active duty.
3    "Veteran" means a person who has served on active duty in
4the armed forces and was discharged or separated under
5honorable conditions.
6(Source: P.A. 96-1231, eff. 7-23-10; 97-371, eff. 1-1-12.)
 
7    (15 ILCS 335/11)  (from Ch. 124, par. 31)
8    Sec. 11. The Secretary may make a search of his records and
9furnish information as to whether a person has a current
10Standard Illinois Identification Card or an Illinois Disabled
11Person Identification Card then on file, upon receipt of a
12written application therefor accompanied with the prescribed
13fee. However, the Secretary may not disclose medical
14information concerning an individual to any person, public
15agency, private agency, corporation or governmental body
16unless the individual has submitted a written request for the
17information or unless the individual has given prior written
18consent for the release of the information to a specific person
19or entity. This exception shall not apply to: (1) offices and
20employees of the Secretary who have a need to know the medical
21information in performance of their official duties, or (2)
22orders of a court of competent jurisdiction. When medical
23information is disclosed by the Secretary in accordance with
24the provisions of this Section, no liability shall rest with
25the Office of the Secretary of State as the information is

 

 

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1released for informational purposes only.
2    The Secretary may release personally identifying
3information or highly restricted personal information only to:
4        (1) officers and employees of the Secretary who have a
5    need to know that information;
6        (2) other governmental agencies for use in their
7    official governmental functions;
8        (3) law enforcement agencies that need the information
9    for a criminal or civil investigation; or
10        (4) any entity that the Secretary has authorized, by
11    rule, to receive this information.
12    The Secretary may not disclose an individual's social
13security number or any associated information obtained from the
14Social Security Administration without the written request or
15consent of the individual except: (i) to officers and employees
16of the Secretary who have a need to know the social security
17number in the performance of their official duties; (ii) to law
18enforcement officials for a lawful civil or criminal law
19enforcement investigation if the head of the law enforcement
20agency has made a written request to the Secretary specifying
21the law enforcement investigation for which the social security
22number is being sought; or (iii) under a lawful court order
23signed by a judge; or (iv) to the Illinois Department of
24Veterans' Affairs for the purpose of confirming veteran status.
25(Source: P.A. 93-895, eff. 1-1-05.)
 

 

 

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1    Section 10. The Illinois Vehicle Code is amended by
2changing Sections 2-123, 6-106, and 6-110 as follows:
 
3    (625 ILCS 5/2-123)  (from Ch. 95 1/2, par. 2-123)
4    Sec. 2-123. Sale and Distribution of Information.
5    (a) Except as otherwise provided in this Section, the
6Secretary may make the driver's license, vehicle and title
7registration lists, in part or in whole, and any statistical
8information derived from these lists available to local
9governments, elected state officials, state educational
10institutions, and all other governmental units of the State and
11Federal Government requesting them for governmental purposes.
12The Secretary shall require any such applicant for services to
13pay for the costs of furnishing such services and the use of
14the equipment involved, and in addition is empowered to
15establish prices and charges for the services so furnished and
16for the use of the electronic equipment utilized.
17    (b) The Secretary is further empowered to and he may, in
18his discretion, furnish to any applicant, other than listed in
19subsection (a) of this Section, vehicle or driver data on a
20computer tape, disk, other electronic format or computer
21processable medium, or printout at a fixed fee of $250 for
22orders received before October 1, 2003 and $500 for orders
23received on or after October 1, 2003, in advance, and require
24in addition a further sufficient deposit based upon the
25Secretary of State's estimate of the total cost of the

 

 

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1information requested and a charge of $25 for orders received
2before October 1, 2003 and $50 for orders received on or after
3October 1, 2003, per 1,000 units or part thereof identified or
4the actual cost, whichever is greater. The Secretary is
5authorized to refund any difference between the additional
6deposit and the actual cost of the request. This service shall
7not be in lieu of an abstract of a driver's record nor of a
8title or registration search. This service may be limited to
9entities purchasing a minimum number of records as required by
10administrative rule. The information sold pursuant to this
11subsection shall be the entire vehicle or driver data list, or
12part thereof. The information sold pursuant to this subsection
13shall not contain personally identifying information unless
14the information is to be used for one of the purposes
15identified in subsection (f-5) of this Section. Commercial
16purchasers of driver and vehicle record databases shall enter
17into a written agreement with the Secretary of State that
18includes disclosure of the commercial use of the information to
19be purchased.
20    (b-1) The Secretary is further empowered to and may, in his
21or her discretion, furnish vehicle or driver data on a computer
22tape, disk, or other electronic format or computer processible
23medium, at no fee, to any State or local governmental agency
24that uses the information provided by the Secretary to transmit
25data back to the Secretary that enables the Secretary to
26maintain accurate driving records, including dispositions of

 

 

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1traffic cases. This information may be provided without fee not
2more often than once every 6 months.
3    (c) Secretary of State may issue registration lists. The
4Secretary of State may compile a list of all registered
5vehicles. Each list of registered vehicles shall be arranged
6serially according to the registration numbers assigned to
7registered vehicles and may contain in addition the names and
8addresses of registered owners and a brief description of each
9vehicle including the serial or other identifying number
10thereof. Such compilation may be in such form as in the
11discretion of the Secretary of State may seem best for the
12purposes intended.
13    (d) The Secretary of State shall furnish no more than 2
14current available lists of such registrations to the sheriffs
15of all counties and to the chiefs of police of all cities and
16villages and towns of 2,000 population and over in this State
17at no cost. Additional copies may be purchased by the sheriffs
18or chiefs of police at the fee of $500 each or at the cost of
19producing the list as determined by the Secretary of State.
20Such lists are to be used for governmental purposes only.
21    (e) (Blank).
22    (e-1) (Blank).
23    (f) The Secretary of State shall make a title or
24registration search of the records of his office and a written
25report on the same for any person, upon written application of
26such person, accompanied by a fee of $5 for each registration

 

 

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1or title search. The written application shall set forth the
2intended use of the requested information. No fee shall be
3charged for a title or registration search, or for the
4certification thereof requested by a government agency. The
5report of the title or registration search shall not contain
6personally identifying information unless the request for a
7search was made for one of the purposes identified in
8subsection (f-5) of this Section. The report of the title or
9registration search shall not contain highly restricted
10personal information unless specifically authorized by this
11Code.
12    The Secretary of State shall certify a title or
13registration record upon written request. The fee for
14certification shall be $5 in addition to the fee required for a
15title or registration search. Certification shall be made under
16the signature of the Secretary of State and shall be
17authenticated by Seal of the Secretary of State.
18    The Secretary of State may notify the vehicle owner or
19registrant of the request for purchase of his title or
20registration information as the Secretary deems appropriate.
21    No information shall be released to the requestor until
22expiration of a 10 day period. This 10 day period shall not
23apply to requests for information made by law enforcement
24officials, government agencies, financial institutions,
25attorneys, insurers, employers, automobile associated
26businesses, persons licensed as a private detective or firms

 

 

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1licensed as a private detective agency under the Private
2Detective, Private Alarm, Private Security, Fingerprint
3Vendor, and Locksmith Act of 2004, who are employed by or are
4acting on behalf of law enforcement officials, government
5agencies, financial institutions, attorneys, insurers,
6employers, automobile associated businesses, and other
7business entities for purposes consistent with the Illinois
8Vehicle Code, the vehicle owner or registrant or other entities
9as the Secretary may exempt by rule and regulation.
10    Any misrepresentation made by a requestor of title or
11vehicle information shall be punishable as a petty offense,
12except in the case of persons licensed as a private detective
13or firms licensed as a private detective agency which shall be
14subject to disciplinary sanctions under Section 40-10 of the
15Private Detective, Private Alarm, Private Security,
16Fingerprint Vendor, and Locksmith Act of 2004.
17    (f-5) The Secretary of State shall not disclose or
18otherwise make available to any person or entity any personally
19identifying information obtained by the Secretary of State in
20connection with a driver's license, vehicle, or title
21registration record unless the information is disclosed for one
22of the following purposes:
23        (1) For use by any government agency, including any
24    court or law enforcement agency, in carrying out its
25    functions, or any private person or entity acting on behalf
26    of a federal, State, or local agency in carrying out its

 

 

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1    functions.
2        (2) For use in connection with matters of motor vehicle
3    or driver safety and theft; motor vehicle emissions; motor
4    vehicle product alterations, recalls, or advisories;
5    performance monitoring of motor vehicles, motor vehicle
6    parts, and dealers; and removal of non-owner records from
7    the original owner records of motor vehicle manufacturers.
8        (3) For use in the normal course of business by a
9    legitimate business or its agents, employees, or
10    contractors, but only:
11            (A) to verify the accuracy of personal information
12        submitted by an individual to the business or its
13        agents, employees, or contractors; and
14            (B) if such information as so submitted is not
15        correct or is no longer correct, to obtain the correct
16        information, but only for the purposes of preventing
17        fraud by, pursuing legal remedies against, or
18        recovering on a debt or security interest against, the
19        individual.
20        (4) For use in research activities and for use in
21    producing statistical reports, if the personally
22    identifying information is not published, redisclosed, or
23    used to contact individuals.
24        (5) For use in connection with any civil, criminal,
25    administrative, or arbitral proceeding in any federal,
26    State, or local court or agency or before any

 

 

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1    self-regulatory body, including the service of process,
2    investigation in anticipation of litigation, and the
3    execution or enforcement of judgments and orders, or
4    pursuant to an order of a federal, State, or local court.
5        (6) For use by any insurer or insurance support
6    organization or by a self-insured entity or its agents,
7    employees, or contractors in connection with claims
8    investigation activities, antifraud activities, rating, or
9    underwriting.
10        (7) For use in providing notice to the owners of towed
11    or impounded vehicles.
12        (8) For use by any person licensed as a private
13    detective or firm licensed as a private detective agency
14    under the Private Detective, Private Alarm, Private
15    Security, Fingerprint Vendor, and Locksmith Act of 2004,
16    private investigative agency or security service licensed
17    in Illinois for any purpose permitted under this
18    subsection.
19        (9) For use by an employer or its agent or insurer to
20    obtain or verify information relating to a holder of a
21    commercial driver's license that is required under chapter
22    313 of title 49 of the United States Code.
23        (10) For use in connection with the operation of
24    private toll transportation facilities.
25        (11) For use by any requester, if the requester
26    demonstrates it has obtained the written consent of the

 

 

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1    individual to whom the information pertains.
2        (12) For use by members of the news media, as defined
3    in Section 1-148.5, for the purpose of newsgathering when
4    the request relates to the operation of a motor vehicle or
5    public safety.
6        (13) For any other use specifically authorized by law,
7    if that use is related to the operation of a motor vehicle
8    or public safety.
9    (f-6) The Secretary of State shall not disclose or
10otherwise make available to any person or entity any highly
11restricted personal information obtained by the Secretary of
12State in connection with a driver's license, vehicle, or title
13registration record unless specifically authorized by this
14Code.
15    (g) 1. The Secretary of State may, upon receipt of a
16    written request and a fee of $6 before October 1, 2003 and
17    a fee of $12 on and after October 1, 2003, furnish to the
18    person or agency so requesting a driver's record. Such
19    document may include a record of: current driver's license
20    issuance information, except that the information on
21    judicial driving permits shall be available only as
22    otherwise provided by this Code; convictions; orders
23    entered revoking, suspending or cancelling a driver's
24    license or privilege; and notations of accident
25    involvement. All other information, unless otherwise
26    permitted by this Code, shall remain confidential.

 

 

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1    Information released pursuant to a request for a driver's
2    record shall not contain personally identifying
3    information, unless the request for the driver's record was
4    made for one of the purposes set forth in subsection (f-5)
5    of this Section. The Secretary of State may, without fee,
6    allow a parent or guardian of a person under the age of 18
7    years, who holds an instruction permit or graduated
8    driver's license, to view that person's driving record
9    online, through a computer connection. The parent or
10    guardian's online access to the driving record will
11    terminate when the instruction permit or graduated
12    driver's license holder reaches the age of 18.
13        2. The Secretary of State shall not disclose or
14    otherwise make available to any person or entity any highly
15    restricted personal information obtained by the Secretary
16    of State in connection with a driver's license, vehicle, or
17    title registration record unless specifically authorized
18    by this Code. The Secretary of State may certify an
19    abstract of a driver's record upon written request
20    therefor. Such certification shall be made under the
21    signature of the Secretary of State and shall be
22    authenticated by the Seal of his office.
23        3. All requests for driving record information shall be
24    made in a manner prescribed by the Secretary and shall set
25    forth the intended use of the requested information.
26        The Secretary of State may notify the affected driver

 

 

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1    of the request for purchase of his driver's record as the
2    Secretary deems appropriate.
3        No information shall be released to the requester until
4    expiration of a 10 day period. This 10 day period shall not
5    apply to requests for information made by law enforcement
6    officials, government agencies, financial institutions,
7    attorneys, insurers, employers, automobile associated
8    businesses, persons licensed as a private detective or
9    firms licensed as a private detective agency under the
10    Private Detective, Private Alarm, Private Security,
11    Fingerprint Vendor, and Locksmith Act of 2004, who are
12    employed by or are acting on behalf of law enforcement
13    officials, government agencies, financial institutions,
14    attorneys, insurers, employers, automobile associated
15    businesses, and other business entities for purposes
16    consistent with the Illinois Vehicle Code, the affected
17    driver or other entities as the Secretary may exempt by
18    rule and regulation.
19        Any misrepresentation made by a requestor of driver
20    information shall be punishable as a petty offense, except
21    in the case of persons licensed as a private detective or
22    firms licensed as a private detective agency which shall be
23    subject to disciplinary sanctions under Section 40-10 of
24    the Private Detective, Private Alarm, Private Security,
25    Fingerprint Vendor, and Locksmith Act of 2004.
26        4. The Secretary of State may furnish without fee, upon

 

 

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1    the written request of a law enforcement agency, any
2    information from a driver's record on file with the
3    Secretary of State when such information is required in the
4    enforcement of this Code or any other law relating to the
5    operation of motor vehicles, including records of
6    dispositions; documented information involving the use of
7    a motor vehicle; whether such individual has, or previously
8    had, a driver's license; and the address and personal
9    description as reflected on said driver's record.
10        5. Except as otherwise provided in this Section, the
11    Secretary of State may furnish, without fee, information
12    from an individual driver's record on file, if a written
13    request therefor is submitted by any public transit system
14    or authority, public defender, law enforcement agency, a
15    state or federal agency, or an Illinois local
16    intergovernmental association, if the request is for the
17    purpose of a background check of applicants for employment
18    with the requesting agency, or for the purpose of an
19    official investigation conducted by the agency, or to
20    determine a current address for the driver so public funds
21    can be recovered or paid to the driver, or for any other
22    purpose set forth in subsection (f-5) of this Section.
23        The Secretary may also furnish the courts a copy of an
24    abstract of a driver's record, without fee, subsequent to
25    an arrest for a violation of Section 11-501 or a similar
26    provision of a local ordinance. Such abstract may include

 

 

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1    records of dispositions; documented information involving
2    the use of a motor vehicle as contained in the current
3    file; whether such individual has, or previously had, a
4    driver's license; and the address and personal description
5    as reflected on said driver's record.
6        6. Any certified abstract issued by the Secretary of
7    State or transmitted electronically by the Secretary of
8    State pursuant to this Section, to a court or on request of
9    a law enforcement agency, for the record of a named person
10    as to the status of the person's driver's license shall be
11    prima facie evidence of the facts therein stated and if the
12    name appearing in such abstract is the same as that of a
13    person named in an information or warrant, such abstract
14    shall be prima facie evidence that the person named in such
15    information or warrant is the same person as the person
16    named in such abstract and shall be admissible for any
17    prosecution under this Code and be admitted as proof of any
18    prior conviction or proof of records, notices, or orders
19    recorded on individual driving records maintained by the
20    Secretary of State.
21        7. Subject to any restrictions contained in the
22    Juvenile Court Act of 1987, and upon receipt of a proper
23    request and a fee of $6 before October 1, 2003 and a fee of
24    $12 on or after October 1, 2003, the Secretary of State
25    shall provide a driver's record to the affected driver, or
26    the affected driver's attorney, upon verification. Such

 

 

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1    record shall contain all the information referred to in
2    paragraph 1 of this subsection (g) plus: any recorded
3    accident involvement as a driver; information recorded
4    pursuant to subsection (e) of Section 6-117 and paragraph
5    (4) of subsection (a) of Section 6-204 of this Code. All
6    other information, unless otherwise permitted by this
7    Code, shall remain confidential.
8    (h) The Secretary shall not disclose social security
9numbers or any associated information obtained from the Social
10Security Administration except pursuant to a written request
11by, or with the prior written consent of, the individual
12except: (1) to officers and employees of the Secretary who have
13a need to know the social security numbers in performance of
14their official duties, (2) to law enforcement officials for a
15lawful, civil or criminal law enforcement investigation, and if
16the head of the law enforcement agency has made a written
17request to the Secretary specifying the law enforcement
18investigation for which the social security numbers are being
19sought, (3) to the United States Department of Transportation,
20or any other State, pursuant to the administration and
21enforcement of the Commercial Motor Vehicle Safety Act of 1986,
22(4) pursuant to the order of a court of competent jurisdiction,
23(5) to the Department of Healthcare and Family Services
24(formerly Department of Public Aid) for utilization in the
25child support enforcement duties assigned to that Department
26under provisions of the Illinois Public Aid Code after the

 

 

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1individual has received advanced meaningful notification of
2what redisclosure is sought by the Secretary in accordance with
3the federal Privacy Act, (5.5) to the Department of Healthcare
4and Family Services and the Department of Human Services solely
5for the purpose of verifying Illinois residency where such
6residency is an eligibility requirement for benefits under the
7Illinois Public Aid Code or any other health benefit program
8administered by the Department of Healthcare and Family
9Services or the Department of Human Services, or (6) to the
10Illinois Department of Revenue solely for use by the Department
11in the collection of any tax or debt that the Department of
12Revenue is authorized or required by law to collect, provided
13that the Department shall not disclose the social security
14number to any person or entity outside of the Department, or
15(7) to the Illinois Department of Veterans' Affairs for the
16purpose of confirming veteran status.
17    (i) (Blank).
18    (j) Medical statements or medical reports received in the
19Secretary of State's Office shall be confidential. Except as
20provided in this Section, no confidential information may be
21open to public inspection or the contents disclosed to anyone,
22except officers and employees of the Secretary who have a need
23to know the information contained in the medical reports and
24the Driver License Medical Advisory Board, unless so directed
25by an order of a court of competent jurisdiction. If the
26Secretary receives a medical report regarding a driver that

 

 

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1does not address a medical condition contained in a previous
2medical report, the Secretary may disclose the unaddressed
3medical condition to the driver or his or her physician, or
4both, solely for the purpose of submission of a medical report
5that addresses the condition.
6    (k) All fees collected under this Section shall be paid
7into the Road Fund of the State Treasury, except that (i) for
8fees collected before October 1, 2003, $3 of the $6 fee for a
9driver's record shall be paid into the Secretary of State
10Special Services Fund, (ii) for fees collected on and after
11October 1, 2003, of the $12 fee for a driver's record, $3 shall
12be paid into the Secretary of State Special Services Fund and
13$6 shall be paid into the General Revenue Fund, and (iii) for
14fees collected on and after October 1, 2003, 50% of the amounts
15collected pursuant to subsection (b) shall be paid into the
16General Revenue Fund.
17    (l) (Blank).
18    (m) Notations of accident involvement that may be disclosed
19under this Section shall not include notations relating to
20damage to a vehicle or other property being transported by a
21tow truck. This information shall remain confidential,
22provided that nothing in this subsection (m) shall limit
23disclosure of any notification of accident involvement to any
24law enforcement agency or official.
25    (n) Requests made by the news media for driver's license,
26vehicle, or title registration information may be furnished

 

 

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1without charge or at a reduced charge, as determined by the
2Secretary, when the specific purpose for requesting the
3documents is deemed to be in the public interest. Waiver or
4reduction of the fee is in the public interest if the principal
5purpose of the request is to access and disseminate information
6regarding the health, safety, and welfare or the legal rights
7of the general public and is not for the principal purpose of
8gaining a personal or commercial benefit. The information
9provided pursuant to this subsection shall not contain
10personally identifying information unless the information is
11to be used for one of the purposes identified in subsection
12(f-5) of this Section.
13    (o) The redisclosure of personally identifying information
14obtained pursuant to this Section is prohibited, except to the
15extent necessary to effectuate the purpose for which the
16original disclosure of the information was permitted.
17    (p) The Secretary of State is empowered to adopt rules to
18effectuate this Section.
19(Source: P.A. 96-1383, eff. 1-1-11; 96-1501, eff. 1-25-11;
2097-229, eff. 7-28-11.)
 
21    (625 ILCS 5/6-106)  (from Ch. 95 1/2, par. 6-106)
22    Sec. 6-106. Application for license or instruction permit.
23    (a) Every application for any permit or license authorized
24to be issued under this Act shall be made upon a form furnished
25by the Secretary of State. Every application shall be

 

 

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1accompanied by the proper fee and payment of such fee shall
2entitle the applicant to not more than 3 attempts to pass the
3examination within a period of 1 year after the date of
4application.
5    (b) Every application shall state the legal name, social
6security number, zip code, date of birth, sex, and residence
7address of the applicant; briefly describe the applicant; state
8whether the applicant has theretofore been licensed as a
9driver, and, if so, when and by what state or country, and
10whether any such license has ever been cancelled, suspended,
11revoked or refused, and, if so, the date and reason for such
12cancellation, suspension, revocation or refusal; shall include
13an affirmation by the applicant that all information set forth
14is true and correct; and shall bear the applicant's signature.
15In addition to the residence address, the Secretary may allow
16the applicant to provide a mailing address. The application
17form may also require the statement of such additional relevant
18information as the Secretary of State shall deem necessary to
19determine the applicant's competency and eligibility. The
20Secretary of State may, in his discretion, by rule or
21regulation, provide that an application for a drivers license
22or permit may include a suitable photograph of the applicant in
23the form prescribed by the Secretary, and he may further
24provide that each drivers license shall include a photograph of
25the driver. The Secretary of State may utilize a photograph
26process or system most suitable to deter alteration or improper

 

 

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1reproduction of a drivers license and to prevent substitution
2of another photo thereon.
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
12Act 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 Act, 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 Chapter. The acceptable forms of proof shall include, but
7are not limited to, Department of Defense form DD-214. The
8Secretary shall determine by rule what other forms of proof of
9a person's status as a veteran are acceptable.
10    The Illinois Department of Veterans' Affairs shall confirm
11the status of the applicant as an honorably discharged veteran
12before the Secretary may issue the driver's license.
13    For purposes of this subsection (e):
14    "Active duty" means active duty under an executive order of
15the President of the United States, an Act of the Congress of
16the United States, or an order of the Governor.
17    "Armed forces" means any of the Armed Forces of the United
18States, including a member of any reserve component or National
19Guard unit called to active duty.
20    "Veteran" means a person who has served on active duty in
21the armed forces and was discharged or separated under
22honorable conditions.
23(Source: P.A. 96-1231, eff. 7-23-10; 97-263, eff. 8-5-11.)
 
24    (625 ILCS 5/6-110)  (from Ch. 95 1/2, par. 6-110)
25    Sec. 6-110. Licenses issued to drivers.

 

 

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1    (a) The Secretary of State shall issue to every qualifying
2applicant a driver's license as applied for, which license
3shall bear a distinguishing number assigned to the licensee,
4the legal name, signature, zip code, date of birth, residence
5address, and a brief description of the licensee.
6    Licenses issued shall also indicate the classification and
7the restrictions under Section 6-104 of this Code.
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 or
24    other person in custody or control of the minor;
25        (2) on an errand at the direction of the minor's parent
26    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 detour
6    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 Rides
21program 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 instruction
13permit has a current identification card 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    (b) Until the Secretary of State establishes a First Person
20Consent organ and tissue donor registry under Section 6-117 of
21this Code, the Secretary of State shall provide a format on the
22reverse of each driver's license issued which the licensee may
23use to execute a document of gift conforming to the provisions
24of the Illinois Anatomical Gift Act. The format shall allow the
25licensee to indicate the gift intended, whether specific
26organs, any organ, or the entire body, and shall accommodate

 

 

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1the signatures of the donor and 2 witnesses. The Secretary
2shall also inform each applicant or licensee of this format,
3describe the procedure for its execution, and may offer the
4necessary witnesses; provided that in so doing, the Secretary
5shall advise the applicant or licensee that he or she is under
6no compulsion to execute a document of gift. A brochure
7explaining this method of executing an anatomical gift document
8shall be given to each applicant or licensee. The brochure
9shall advise the applicant or licensee that he or she is under
10no compulsion to execute a document of gift, and that he or she
11may wish to consult with family, friends or clergy before doing
12so. The Secretary of State may undertake additional efforts,
13including education and awareness activities, to promote organ
14and tissue donation.
15    (c) The Secretary of State shall designate on each driver's
16license issued a space where the licensee may place a sticker
17or decal of the uniform size as the Secretary may specify,
18which sticker or decal may indicate in appropriate language
19that the owner of the license carries an Emergency Medical
20Information Card.
21    The sticker may be provided by any person, hospital,
22school, medical group, or association interested in assisting
23in implementing the Emergency Medical Information Card, but
24shall meet the specifications as the Secretary may by rule or
25regulation require.
26    (d) The Secretary of State shall designate on each driver's

 

 

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1license issued a space where the licensee may indicate his
2blood type and RH factor.
3    (e) The Secretary of State shall provide that each original
4or renewal driver's license issued to a licensee under 21 years
5of age shall be of a distinct nature from those driver's
6licenses issued to individuals 21 years of age and older. The
7color designated for driver's licenses for licensees under 21
8years of age shall be at the discretion of the Secretary of
9State.
10    (e-1) The Secretary shall provide that each driver's
11license issued to a person under the age of 21 displays the
12date upon which the person becomes 18 years of age and the date
13upon which the person becomes 21 years of age.
14    (e-3) The General Assembly recognizes the need to identify
15military veterans living in this State for the purpose of
16ensuring that they receive all of the services and benefits to
17which they are legally entitled, including healthcare,
18education assistance, and job placement. To assist the State in
19identifying these veterans and delivering these vital services
20and benefits, the Secretary of State is authorized to issue
21drivers' licenses with the word "veteran" appearing on the face
22of the licenses. This authorization is predicated on the unique
23status of veterans. The Secretary may not issue any other
24driver's license which identifies an occupation, status,
25affiliation, hobby, or other unique characteristics of the
26license holder which is unrelated to the purpose of the

 

 

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1driver's license.
2    (e-5) Beginning on or before July 1, 2015, the Secretary of
3State shall designate a space on each original or renewal
4driver's license where, at the request of the applicant, the
5word "veteran" shall be placed. The veteran designation shall
6be available to a person identified as a veteran under
7subsection (e) of paragraph 6-106 of this Chapter who was
8discharged or separated under honorable conditions.
9    (f) The Secretary of State shall inform all Illinois
10licensed commercial motor vehicle operators of the
11requirements of the Uniform Commercial Driver License Act,
12Article V of this Chapter, and shall make provisions to insure
13that all drivers, seeking to obtain a commercial driver's
14license, be afforded an opportunity prior to April 1, 1992, to
15obtain the license. The Secretary is authorized to extend
16driver's license expiration dates, and assign specific times,
17dates and locations where these commercial driver's tests shall
18be conducted. Any applicant, regardless of the current
19expiration date of the applicant's driver's license, may be
20subject to any assignment by the Secretary. Failure to comply
21with the Secretary's assignment may result in the applicant's
22forfeiture of an opportunity to receive a commercial driver's
23license prior to April 1, 1992.
24    (g) The Secretary of State shall designate on a driver's
25license issued, a space where the licensee may indicate that he
26or she has drafted a living will in accordance with the

 

 

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1Illinois Living Will Act or a durable power of attorney for
2health care in accordance with the Illinois Power of Attorney
3Act.
4    (g-1) The Secretary of State, in his or her discretion, may
5designate on each driver's license issued a space where the
6licensee may place a sticker or decal, issued by the Secretary
7of State, of uniform size as the Secretary may specify, that
8shall indicate in appropriate language that the owner of the
9license has renewed his or her driver's license.
10    (h) A person who acts in good faith in accordance with the
11terms of this Section is not liable for damages in any civil
12action or subject to prosecution in any criminal proceeding for
13his or her act.
14(Source: P.A. 96-607, eff. 8-24-09; 96-1231, eff. 7-23-10;
1597-263, eff. 8-5-11.)
 
16    Section 99. Effective date. This Act takes effect January
171, 2013.