Bill Text: IL HB4495 | 2023-2024 | 103rd General Assembly | Engrossed
Bill Title: Amends the Illinois Identification Card Act. Provides that an application for an identification card must include the applicant's county of residence. Amends the Illinois Vehicle Code. Requires an application for a driver's permit or license to include the applicant's county of residence. Requires the Secretary of State to include an applicant's county of residence on a driver's license issued, renewed, or corrected beginning on January 1, 2025. Provides that a person who moved from a residence address listed on the person's application must notify the Driver Services Department in writing of the person's old and new residence addresses, including the county of the new residence.
Spectrum: Bipartisan Bill
Status: (Failed) 2025-01-07 - Session Sine Die [HB4495 Detail]
Download: Illinois-2023-HB4495-Engrossed.html
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1 | AN ACT concerning transportation.
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2 | Be it enacted by the People of the State of Illinois, | ||||||
3 | represented in the General Assembly:
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4 | Section 5. The Illinois Identification Card Act is amended | ||||||
5 | by changing Sections 5 as follows:
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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 | ||||||
10 | Illinois may file an application for an identification card, | ||||||
11 | or for the renewal thereof, in a manner prescribed by the | ||||||
12 | Secretary. Each original application shall be completed by the | ||||||
13 | applicant in full and shall set forth the legal name, | ||||||
14 | residence address , including the county, and zip code, social | ||||||
15 | security number, birth date, sex and a brief description of | ||||||
16 | the applicant. The applicant shall be photographed, unless the | ||||||
17 | Secretary of State has provided by rule for the issuance of | ||||||
18 | identification cards without photographs and the applicant is | ||||||
19 | deemed eligible for an identification card without a | ||||||
20 | photograph under the terms and conditions imposed by the | ||||||
21 | Secretary of State, and he or she shall also submit any other | ||||||
22 | information as the Secretary may deem necessary or such | ||||||
23 | documentation as the Secretary may require to determine the |
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1 | identity of the applicant. In addition to the residence | ||||||
2 | address, the Secretary may allow the applicant to provide a | ||||||
3 | mailing address. If the applicant is a judicial officer as | ||||||
4 | defined in Section 1-10 of the Judicial Privacy Act or a peace | ||||||
5 | officer, the applicant may elect to have his or her office or | ||||||
6 | work address in lieu of the applicant's residence or mailing | ||||||
7 | address. An applicant for an Illinois Person with a Disability | ||||||
8 | Identification Card must also submit with each original or | ||||||
9 | renewal application, on forms prescribed by the Secretary, | ||||||
10 | such documentation as the Secretary may require, establishing | ||||||
11 | that the applicant is a "person with a disability" as defined | ||||||
12 | in Section 4A of this Act, and setting forth the applicant's | ||||||
13 | type and class of disability as set forth in Section 4A of this | ||||||
14 | Act. For the purposes of this subsection (a), "peace officer" | ||||||
15 | means any person who by virtue of his or her office or public | ||||||
16 | employment is vested by law with a duty to maintain public | ||||||
17 | order or to make arrests for a violation of any penal statute | ||||||
18 | of this State, whether that duty extends to all violations or | ||||||
19 | is limited to specific violations. | ||||||
20 | (a-5) Upon the first issuance of a request for proposals | ||||||
21 | for a digital driver's license and identification card | ||||||
22 | issuance and facial recognition system issued after January 1, | ||||||
23 | 2020 (the effective date of Public Act 101-513), and upon | ||||||
24 | implementation of a new or revised system procured pursuant to | ||||||
25 | that request for proposals, the Secretary shall permit | ||||||
26 | applicants to choose between "male", "female", or "non-binary" |
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1 | when designating the applicant's sex on the identification | ||||||
2 | card application form. The sex designated by the applicant | ||||||
3 | shall be displayed on the identification card issued to the | ||||||
4 | applicant. | ||||||
5 | (b) Beginning on or before July 1, 2015, for each original | ||||||
6 | or renewal identification card application under this Act, the | ||||||
7 | Secretary shall inquire as to whether the applicant is a | ||||||
8 | veteran for purposes of issuing an identification card with a | ||||||
9 | veteran designation under subsection (c-5) of Section 4 of | ||||||
10 | this Act. The acceptable forms of proof shall include, but are | ||||||
11 | not limited to, Department of Defense form DD-214, Department | ||||||
12 | of Defense form DD-256 for applicants who did not receive a | ||||||
13 | form DD-214 upon the completion of initial basic training, | ||||||
14 | Department of Defense form DD-2 (Retired), an identification | ||||||
15 | card issued under the federal Veterans Identification Card Act | ||||||
16 | of 2015, or a United States Department of Veterans Affairs | ||||||
17 | summary of benefits letter. If the document cannot be stamped, | ||||||
18 | the Illinois Department of Veterans' Affairs shall provide a | ||||||
19 | certificate to the veteran to provide to the Secretary of | ||||||
20 | State. The Illinois Department of Veterans' Affairs shall | ||||||
21 | advise the Secretary as to what other forms of proof of a | ||||||
22 | person's status as a veteran are acceptable. | ||||||
23 | For each applicant who is issued an identification card | ||||||
24 | with a veteran designation, the Secretary shall provide the | ||||||
25 | Department of Veterans' Affairs with the applicant's name, | ||||||
26 | address, date of birth, gender, and such other demographic |
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1 | information as agreed to by the Secretary and the Department. | ||||||
2 | The Department may take steps necessary to confirm the | ||||||
3 | applicant is a veteran. If after due diligence, including | ||||||
4 | writing to the applicant at the address provided by the | ||||||
5 | Secretary, the Department is unable to verify the applicant's | ||||||
6 | veteran status, the Department shall inform the Secretary, who | ||||||
7 | shall notify the applicant that he or she must confirm status | ||||||
8 | as a veteran, or the identification card will be cancelled. | ||||||
9 | For purposes of this subsection (b): | ||||||
10 | "Armed forces" means any of the Armed Forces of the United | ||||||
11 | States, including a member of any reserve component or | ||||||
12 | National Guard unit. | ||||||
13 | "Veteran" means a person who has served in the armed | ||||||
14 | forces and was discharged or separated under honorable | ||||||
15 | conditions. | ||||||
16 | (c) All applicants for REAL ID compliant standard Illinois | ||||||
17 | Identification Cards and Illinois Person with a Disability | ||||||
18 | Identification Cards shall provide proof of lawful status in | ||||||
19 | the United States as defined in 6 CFR 37.3, as amended. | ||||||
20 | Applicants who are unable to provide the Secretary with proof | ||||||
21 | of lawful status are ineligible for REAL ID compliant | ||||||
22 | identification cards under this Act. | ||||||
23 | (Source: P.A. 101-106, eff. 1-1-20; 101-287, eff. 8-9-19; | ||||||
24 | 101-513, eff. 1-1-20; 102-558, eff. 8-20-21.)
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25 | (Text of Section after amendment by P.A. 103-210 ) |
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1 | Sec. 5. Applications. | ||||||
2 | (a) Any natural person who is a resident of the State of | ||||||
3 | Illinois may file an application for an identification card, | ||||||
4 | or for the renewal thereof, in a manner prescribed by the | ||||||
5 | Secretary. Each original application shall be completed by the | ||||||
6 | applicant in full and shall set forth the legal name, | ||||||
7 | residence address , including the county, and zip code, social | ||||||
8 | security number, if the person has a social security number, | ||||||
9 | birth date, sex and a brief description of the applicant. The | ||||||
10 | applicant shall be photographed, unless the Secretary of State | ||||||
11 | has provided by rule for the issuance of identification cards | ||||||
12 | without photographs and the applicant is deemed eligible for | ||||||
13 | an identification card without a photograph under the terms | ||||||
14 | and conditions imposed by the Secretary of State, and he or she | ||||||
15 | shall also submit any other information as the Secretary may | ||||||
16 | deem necessary or such documentation as the Secretary may | ||||||
17 | require to determine the identity of the applicant. In | ||||||
18 | addition to the residence address, the Secretary may allow the | ||||||
19 | applicant to provide a mailing address. If the applicant is a | ||||||
20 | judicial officer as defined in Section 1-10 of the Judicial | ||||||
21 | Privacy Act or a peace officer, the applicant may elect to have | ||||||
22 | his or her office or work address in lieu of the applicant's | ||||||
23 | residence or mailing address. An applicant for an Illinois | ||||||
24 | Person with a Disability Identification Card must also submit | ||||||
25 | with each original or renewal application, on forms prescribed | ||||||
26 | by the Secretary, such documentation as the Secretary may |
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1 | require, establishing that the applicant is a "person with a | ||||||
2 | disability" as defined in Section 4A of this Act, and setting | ||||||
3 | forth the applicant's type and class of disability as set | ||||||
4 | forth in Section 4A of this Act. For the purposes of this | ||||||
5 | subsection (a), "peace officer" means any person who by virtue | ||||||
6 | of his or her office or public employment is vested by law with | ||||||
7 | a duty to maintain public order or to make arrests for a | ||||||
8 | violation of any penal statute of this State, whether that | ||||||
9 | duty extends to all violations or is limited to specific | ||||||
10 | violations. | ||||||
11 | (a-5) Upon the first issuance of a request for proposals | ||||||
12 | for a digital driver's license and identification card | ||||||
13 | issuance and facial recognition system issued after January 1, | ||||||
14 | 2020 (the effective date of Public Act 101-513), and upon | ||||||
15 | implementation of a new or revised system procured pursuant to | ||||||
16 | that request for proposals, the Secretary shall permit | ||||||
17 | applicants to choose between "male", "female", or "non-binary" | ||||||
18 | when designating the applicant's sex on the identification | ||||||
19 | card application form. The sex designated by the applicant | ||||||
20 | shall be displayed on the identification card issued to the | ||||||
21 | applicant. | ||||||
22 | (b) Beginning on or before July 1, 2015, for each original | ||||||
23 | or renewal identification card application under this Act, the | ||||||
24 | Secretary shall inquire as to whether the applicant is a | ||||||
25 | veteran for purposes of issuing an identification card with a | ||||||
26 | veteran designation under subsection (c-5) of Section 4 of |
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1 | this Act. The acceptable forms of proof shall include, but are | ||||||
2 | not limited to, Department of Defense form DD-214, Department | ||||||
3 | of Defense form DD-256 for applicants who did not receive a | ||||||
4 | form DD-214 upon the completion of initial basic training, | ||||||
5 | Department of Defense form DD-2 (Retired), an identification | ||||||
6 | card issued under the federal Veterans Identification Card Act | ||||||
7 | of 2015, or a United States Department of Veterans Affairs | ||||||
8 | summary of benefits letter. If the document cannot be stamped, | ||||||
9 | the Illinois Department of Veterans' Affairs shall provide a | ||||||
10 | certificate to the veteran to provide to the Secretary of | ||||||
11 | State. The Illinois Department of Veterans' Affairs shall | ||||||
12 | advise the Secretary as to what other forms of proof of a | ||||||
13 | person's status as a veteran are acceptable. | ||||||
14 | For each applicant who is issued an identification card | ||||||
15 | with a veteran designation, the Secretary shall provide the | ||||||
16 | Department of Veterans' Affairs with the applicant's name, | ||||||
17 | address, date of birth, gender, and such other demographic | ||||||
18 | information as agreed to by the Secretary and the Department. | ||||||
19 | The Department may take steps necessary to confirm the | ||||||
20 | applicant is a veteran. If after due diligence, including | ||||||
21 | writing to the applicant at the address provided by the | ||||||
22 | Secretary, the Department is unable to verify the applicant's | ||||||
23 | veteran status, the Department shall inform the Secretary, who | ||||||
24 | shall notify the applicant that he or she must confirm status | ||||||
25 | as a veteran, or the identification card will be cancelled. | ||||||
26 | For purposes of this subsection (b): |
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1 | "Armed forces" means any of the Armed Forces of the United | ||||||
2 | States, including a member of any reserve component or | ||||||
3 | National Guard unit. | ||||||
4 | "Veteran" means a person who has served in the armed | ||||||
5 | forces and was discharged or separated under honorable | ||||||
6 | conditions. | ||||||
7 | (c) All applicants for REAL ID compliant standard Illinois | ||||||
8 | Identification Cards and Illinois Person with a Disability | ||||||
9 | Identification Cards shall provide proof of lawful status in | ||||||
10 | the United States as defined in 6 CFR 37.3, as amended. | ||||||
11 | Applicants who are unable to provide the Secretary with proof | ||||||
12 | of lawful status are ineligible for REAL ID compliant | ||||||
13 | identification cards under this Act. | ||||||
14 | (d) The Secretary of State may accept, as proof of date of | ||||||
15 | birth and written signature for any applicant for a standard | ||||||
16 | identification card who does not have a social security number | ||||||
17 | or documentation issued by the United States Department of | ||||||
18 | Homeland Security authorizing the applicant's presence in this | ||||||
19 | country, any passport validly issued to the applicant from the | ||||||
20 | applicant's country of citizenship or a consular | ||||||
21 | identification document validly issued to the applicant by a | ||||||
22 | consulate of that country as defined in Section 5 of the | ||||||
23 | Consular Identification Document Act. Any such documents must | ||||||
24 | be either unexpired or presented by an applicant within 2 | ||||||
25 | years of its expiration date. | ||||||
26 | (Source: P.A. 102-558, eff. 8-20-21; 103-210, eff. 7-1-24.)
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1 | Section 10. The Illinois Vehicle Code is amended by | ||||||
2 | changing Sections 6-106, 6-110, and 6-116 as follows:
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3 | (625 ILCS 5/6-106) (from Ch. 95 1/2, par. 6-106) | ||||||
4 | (Text of Section before amendment by P.A. 103-210 ) | ||||||
5 | Sec. 6-106. Application for license or instruction permit. | ||||||
6 | (a) Every application for any permit or license authorized | ||||||
7 | to be issued under this Code shall be made upon a form | ||||||
8 | furnished by the Secretary of State. Every application shall | ||||||
9 | be accompanied by the proper fee and payment of such fee shall | ||||||
10 | entitle the applicant to not more than 3 attempts to pass the | ||||||
11 | examination within a period of one year after the date of | ||||||
12 | application. | ||||||
13 | (b) Every application shall state the legal name, social | ||||||
14 | security number, zip code, date of birth, sex, and residence | ||||||
15 | address , including the county, of the applicant; briefly | ||||||
16 | describe the applicant; state whether the applicant has | ||||||
17 | theretofore been licensed as a driver, and, if so, when and by | ||||||
18 | what state or country, and whether any such license has ever | ||||||
19 | been cancelled, suspended, revoked or refused, and, if so, the | ||||||
20 | date and reason for such cancellation, suspension, revocation | ||||||
21 | or refusal; shall include an affirmation by the applicant that | ||||||
22 | all information set forth is true and correct; and shall bear | ||||||
23 | the applicant's signature. In addition to the residence | ||||||
24 | address, the Secretary may allow the applicant to provide a |
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1 | mailing address. In the case of an applicant who is a judicial | ||||||
2 | officer or peace officer, the Secretary may allow the | ||||||
3 | applicant to provide an office or work address in lieu of a | ||||||
4 | residence or mailing address. The application form may also | ||||||
5 | require the statement of such additional relevant information | ||||||
6 | as the Secretary of State shall deem necessary to determine | ||||||
7 | the applicant's competency and eligibility. The Secretary of | ||||||
8 | State may, in his discretion, by rule or regulation, provide | ||||||
9 | that an application for a drivers license or permit may | ||||||
10 | include a suitable photograph of the applicant in the form | ||||||
11 | prescribed by the Secretary, and he may further provide that | ||||||
12 | each drivers license shall include a photograph of the driver. | ||||||
13 | The Secretary of State may utilize a photograph process or | ||||||
14 | system most suitable to deter alteration or improper | ||||||
15 | reproduction of a drivers license and to prevent substitution | ||||||
16 | of another photo thereon. For the purposes of this subsection | ||||||
17 | (b), "peace officer" means any person who by virtue of his or | ||||||
18 | her office or public employment is vested by law with a duty to | ||||||
19 | maintain public order or to make arrests for a violation of any | ||||||
20 | penal statute of this State, whether that duty extends to all | ||||||
21 | violations or is limited to specific violations. | ||||||
22 | (b-3) Upon the first issuance of a request for proposals | ||||||
23 | for a digital driver's license and identification card | ||||||
24 | issuance and facial recognition system issued after January 1, | ||||||
25 | 2020 (the effective date of Public Act 101-513), and upon | ||||||
26 | implementation of a new or revised system procured pursuant to |
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1 | that request for proposals, the Secretary shall permit | ||||||
2 | applicants to choose between "male", "female" or "non-binary" | ||||||
3 | when designating the applicant's sex on the driver's license | ||||||
4 | application form. The sex designated by the applicant shall be | ||||||
5 | displayed on the driver's license issued to the applicant. | ||||||
6 | (b-5) Every applicant for a REAL ID compliant driver's | ||||||
7 | license or permit shall provide proof of lawful status in the | ||||||
8 | United States as defined in 6 CFR 37.3, as amended. Applicants | ||||||
9 | who are unable to provide the Secretary with proof of lawful | ||||||
10 | status may apply for a driver's license or permit under | ||||||
11 | Section 6-105.1 of this Code. | ||||||
12 | (c) The application form shall include a notice to the | ||||||
13 | applicant of the registration obligations of sex offenders | ||||||
14 | under the Sex Offender Registration Act. The notice shall be | ||||||
15 | provided in a form and manner prescribed by the Secretary of | ||||||
16 | State. For purposes of this subsection (c), "sex offender" has | ||||||
17 | the meaning ascribed to it in Section 2 of the Sex Offender | ||||||
18 | Registration Act. | ||||||
19 | (d) Any male United States citizen or immigrant who | ||||||
20 | applies for any permit or license authorized to be issued | ||||||
21 | under this Code or for a renewal of any permit or license, and | ||||||
22 | who is at least 18 years of age but less than 26 years of age, | ||||||
23 | must be registered in compliance with the requirements of the | ||||||
24 | federal Military Selective Service Act. The Secretary of State | ||||||
25 | must forward in an electronic format the necessary personal | ||||||
26 | information regarding the applicants identified in this |
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1 | subsection (d) to the Selective Service System. The | ||||||
2 | applicant's signature on the application serves as an | ||||||
3 | indication that the applicant either has already registered | ||||||
4 | with the Selective Service System or that he is authorizing | ||||||
5 | the Secretary to forward to the Selective Service System the | ||||||
6 | necessary information for registration. The Secretary must | ||||||
7 | notify the applicant at the time of application that his | ||||||
8 | signature constitutes consent to registration with the | ||||||
9 | Selective Service System, if he is not already registered. | ||||||
10 | (e) Beginning on or before July 1, 2015, for each original | ||||||
11 | or renewal driver's license application under this Code, the | ||||||
12 | Secretary shall inquire as to whether the applicant is a | ||||||
13 | veteran for purposes of issuing a driver's license with a | ||||||
14 | veteran designation under subsection (e-5) of Section 6-110 of | ||||||
15 | this Code. The acceptable forms of proof shall include, but | ||||||
16 | are not limited to, Department of Defense form DD-214, | ||||||
17 | Department of Defense form DD-256 for applicants who did not | ||||||
18 | receive a form DD-214 upon the completion of initial basic | ||||||
19 | training, Department of Defense form DD-2 (Retired), an | ||||||
20 | identification card issued under the federal Veterans | ||||||
21 | Identification Card Act of 2015, or a United States Department | ||||||
22 | of Veterans Affairs summary of benefits letter. If the | ||||||
23 | document cannot be stamped, the Illinois Department of | ||||||
24 | Veterans' Affairs shall provide a certificate to the veteran | ||||||
25 | to provide to the Secretary of State. The Illinois Department | ||||||
26 | of Veterans' Affairs shall advise the Secretary as to what |
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1 | other forms of proof of a person's status as a veteran are | ||||||
2 | acceptable. | ||||||
3 | For each applicant who is issued a driver's license with a | ||||||
4 | veteran designation, the Secretary shall provide the | ||||||
5 | Department of Veterans' Affairs with the applicant's name, | ||||||
6 | address, date of birth, gender and such other demographic | ||||||
7 | information as agreed to by the Secretary and the Department. | ||||||
8 | The Department may take steps necessary to confirm the | ||||||
9 | applicant is a veteran. If after due diligence, including | ||||||
10 | writing to the applicant at the address provided by the | ||||||
11 | Secretary, the Department is unable to verify the applicant's | ||||||
12 | veteran status, the Department shall inform the Secretary, who | ||||||
13 | shall notify the applicant that he or she must confirm status | ||||||
14 | as a veteran, or the driver's license will be cancelled. | ||||||
15 | For purposes of this subsection (e): | ||||||
16 | "Armed forces" means any of the Armed Forces of the United | ||||||
17 | States, including a member of any reserve component or | ||||||
18 | National Guard unit. | ||||||
19 | "Veteran" means a person who has served in the armed | ||||||
20 | forces and was discharged or separated under honorable | ||||||
21 | conditions. | ||||||
22 | (Source: P.A. 101-106, eff. 1-1-20; 101-287, eff. 8-9-19; | ||||||
23 | 101-513, eff. 1-1-20; 102-558, eff. 8-20-21.)
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24 | (Text of Section after amendment by P.A. 103-210 ) | ||||||
25 | Sec. 6-106. Application for license or instruction permit. |
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| |||||||
1 | (a) Every application for any permit or license authorized | ||||||
2 | to be issued under this Code shall be made upon a form | ||||||
3 | furnished by the Secretary of State. Every application shall | ||||||
4 | be accompanied by the proper fee and payment of such fee shall | ||||||
5 | entitle the applicant to not more than 3 attempts to pass the | ||||||
6 | examination within a period of one year after the date of | ||||||
7 | application. | ||||||
8 | (b) Every application shall state the legal name, zip | ||||||
9 | code, date of birth, sex, and residence address , including the | ||||||
10 | county, of the applicant; briefly describe the applicant; | ||||||
11 | state whether the applicant has theretofore been licensed as a | ||||||
12 | driver, and, if so, when and by what state or country, and | ||||||
13 | whether any such license has ever been cancelled, suspended, | ||||||
14 | revoked or refused, and, if so, the date and reason for such | ||||||
15 | cancellation, suspension, revocation or refusal; shall include | ||||||
16 | an affirmation by the applicant that all information set forth | ||||||
17 | is true and correct; and shall bear the applicant's signature. | ||||||
18 | In addition to the residence address, the Secretary may allow | ||||||
19 | the applicant to provide a mailing address. In the case of an | ||||||
20 | applicant who is a judicial officer or peace officer, the | ||||||
21 | Secretary may allow the applicant to provide an office or work | ||||||
22 | address in lieu of a residence or mailing address. The | ||||||
23 | application form may also require the statement of such | ||||||
24 | additional relevant information as the Secretary of State | ||||||
25 | shall deem necessary to determine the applicant's competency | ||||||
26 | and eligibility. The Secretary of State may, in his |
| |||||||
| |||||||
1 | discretion, by rule or regulation, provide that an application | ||||||
2 | for a drivers license or permit may include a suitable | ||||||
3 | photograph of the applicant in the form prescribed by the | ||||||
4 | Secretary, and he may further provide that each drivers | ||||||
5 | license shall include a photograph of the driver. The | ||||||
6 | Secretary of State may utilize a photograph process or system | ||||||
7 | most suitable to deter alteration or improper reproduction of | ||||||
8 | a drivers license and to prevent substitution of another photo | ||||||
9 | thereon. For the purposes of this subsection (b), "peace | ||||||
10 | officer" means any person who by virtue of his or her office or | ||||||
11 | public employment is vested by law with a duty to maintain | ||||||
12 | public order or to make arrests for a violation of any penal | ||||||
13 | statute of this State, whether that duty extends to all | ||||||
14 | violations or is limited to specific violations. | ||||||
15 | (b-1) Every application shall state the social security | ||||||
16 | number of the applicant; except if the applicant is applying | ||||||
17 | for a standard driver's license and, on the date of | ||||||
18 | application, is ineligible for a social security number, then: | ||||||
19 | (1) if the applicant has documentation, issued by the | ||||||
20 | United States Department of Homeland Security, authorizing | ||||||
21 | the applicant's presence in this country, the applicant | ||||||
22 | shall provide such documentation instead of a social | ||||||
23 | security number; and | ||||||
24 | (2) if the applicant does not have documentation | ||||||
25 | described in paragraph (1), the applicant shall provide, | ||||||
26 | instead of a social security number, the following: |
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1 | (A) documentation establishing that the applicant | ||||||
2 | has resided in this State for a period in excess of one | ||||||
3 | year; | ||||||
4 | (B) a passport validly issued to the applicant | ||||||
5 | from the applicant's country of citizenship or a | ||||||
6 | consular identification document validly issued to the | ||||||
7 | applicant by a consulate of that country as defined in | ||||||
8 | Section 5 of the Consular Identification Document Act, | ||||||
9 | as long as such documents are either unexpired or | ||||||
10 | presented by an applicant within 2 years of its | ||||||
11 | expiration date; and | ||||||
12 | (C) a social security card, if the applicant has a | ||||||
13 | social security number. | ||||||
14 | (b-3) Upon the first issuance of a request for proposals | ||||||
15 | for a digital driver's license and identification card | ||||||
16 | issuance and facial recognition system issued after January 1, | ||||||
17 | 2020 (the effective date of Public Act 101-513), and upon | ||||||
18 | implementation of a new or revised system procured pursuant to | ||||||
19 | that request for proposals, the Secretary shall permit | ||||||
20 | applicants to choose between "male", "female" or "non-binary" | ||||||
21 | when designating the applicant's sex on the driver's license | ||||||
22 | application form. The sex designated by the applicant shall be | ||||||
23 | displayed on the driver's license issued to the applicant. | ||||||
24 | (b-5) Every applicant for a REAL ID compliant driver's | ||||||
25 | license or permit shall provide proof of lawful status in the | ||||||
26 | United States as defined in 6 CFR 37.3, as amended. |
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1 | (c) The application form shall include a notice to the | ||||||
2 | applicant of the registration obligations of sex offenders | ||||||
3 | under the Sex Offender Registration Act. The notice shall be | ||||||
4 | provided in a form and manner prescribed by the Secretary of | ||||||
5 | State. For purposes of this subsection (c), "sex offender" has | ||||||
6 | the meaning ascribed to it in Section 2 of the Sex Offender | ||||||
7 | Registration Act. | ||||||
8 | (d) Any male United States citizen or immigrant who | ||||||
9 | applies for any permit or license authorized to be issued | ||||||
10 | under this Code or for a renewal of any permit or license, and | ||||||
11 | who is at least 18 years of age but less than 26 years of age, | ||||||
12 | must be registered in compliance with the requirements of the | ||||||
13 | federal Military Selective Service Act. The Secretary of State | ||||||
14 | must forward in an electronic format the necessary personal | ||||||
15 | information regarding the applicants identified in this | ||||||
16 | subsection (d) to the Selective Service System. The | ||||||
17 | applicant's signature on the application serves as an | ||||||
18 | indication that the applicant either has already registered | ||||||
19 | with the Selective Service System or that he is authorizing | ||||||
20 | the Secretary to forward to the Selective Service System the | ||||||
21 | necessary information for registration. The Secretary must | ||||||
22 | notify the applicant at the time of application that his | ||||||
23 | signature constitutes consent to registration with the | ||||||
24 | Selective Service System, if he is not already registered. | ||||||
25 | (e) Beginning on or before July 1, 2015, for each original | ||||||
26 | or renewal driver's license application under this Code, the |
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1 | Secretary shall inquire as to whether the applicant is a | ||||||
2 | veteran for purposes of issuing a driver's license with a | ||||||
3 | veteran designation under subsection (e-5) of Section 6-110 of | ||||||
4 | this Code. The acceptable forms of proof shall include, but | ||||||
5 | are not limited to, Department of Defense form DD-214, | ||||||
6 | Department of Defense form DD-256 for applicants who did not | ||||||
7 | receive a form DD-214 upon the completion of initial basic | ||||||
8 | training, Department of Defense form DD-2 (Retired), an | ||||||
9 | identification card issued under the federal Veterans | ||||||
10 | Identification Card Act of 2015, or a United States Department | ||||||
11 | of Veterans Affairs summary of benefits letter. If the | ||||||
12 | document cannot be stamped, the Illinois Department of | ||||||
13 | Veterans' Affairs shall provide a certificate to the veteran | ||||||
14 | to provide to the Secretary of State. The Illinois Department | ||||||
15 | of Veterans' Affairs shall advise the Secretary as to what | ||||||
16 | other forms of proof of a person's status as a veteran are | ||||||
17 | acceptable. | ||||||
18 | For each applicant who is issued a driver's license with a | ||||||
19 | veteran designation, the Secretary shall provide the | ||||||
20 | Department of Veterans' Affairs with the applicant's name, | ||||||
21 | address, date of birth, gender and such other demographic | ||||||
22 | information as agreed to by the Secretary and the Department. | ||||||
23 | The Department may take steps necessary to confirm the | ||||||
24 | applicant is a veteran. If after due diligence, including | ||||||
25 | writing to the applicant at the address provided by the | ||||||
26 | Secretary, the Department is unable to verify the applicant's |
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1 | veteran status, the Department shall inform the Secretary, who | ||||||
2 | shall notify the applicant that he or she must confirm status | ||||||
3 | as a veteran, or the driver's license will be cancelled. | ||||||
4 | For purposes of this subsection (e): | ||||||
5 | "Armed forces" means any of the Armed Forces of the United | ||||||
6 | States, including a member of any reserve component or | ||||||
7 | National Guard unit. | ||||||
8 | "Veteran" means a person who has served in the armed | ||||||
9 | forces and was discharged or separated under honorable | ||||||
10 | conditions. | ||||||
11 | (Source: P.A. 102-558, eff. 8-20-21; 103-210, eff. 7-1-24.)
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12 | (625 ILCS 5/6-110) (from Ch. 95 1/2, par. 6-110) | ||||||
13 | Sec. 6-110. Licenses issued to drivers. | ||||||
14 | (a) The Secretary of State shall issue to every qualifying | ||||||
15 | applicant a driver's license as applied for, which license | ||||||
16 | shall bear a distinguishing number assigned to the licensee, | ||||||
17 | the legal name, signature, zip code, date of birth, residence | ||||||
18 | address, including the county, and a brief description of the | ||||||
19 | licensee. | ||||||
20 | Licenses issued shall also indicate the classification and | ||||||
21 | the restrictions under Section 6-104 of this Code. The | ||||||
22 | Secretary may adopt rules to establish informational | ||||||
23 | restrictions that can be placed on the driver's license | ||||||
24 | regarding specific conditions of the licensee. | ||||||
25 | A driver's license issued may, in the discretion of the |
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1 | Secretary, include a suitable photograph of a type prescribed | ||||||
2 | by the Secretary. | ||||||
3 | Beginning January 1, 2025, a driver's license issued, | ||||||
4 | renewed, or corrected shall include the county of residence as | ||||||
5 | part of the applicant's address. | ||||||
6 | (a-1) If the licensee is less than 18 years of age, unless | ||||||
7 | one of the exceptions in subsection (a-2) apply, the license | ||||||
8 | shall, as a matter of law, be invalid for the operation of any | ||||||
9 | motor vehicle during the following times: | ||||||
10 | (A) Between 11:00 p.m. Friday and 6:00 a.m. Saturday; | ||||||
11 | (B) Between 11:00 p.m. Saturday and 6:00 a.m. on | ||||||
12 | Sunday; and | ||||||
13 | (C) Between 10:00 p.m. on Sunday to Thursday, | ||||||
14 | inclusive, and 6:00 a.m. on the following day. | ||||||
15 | (a-2) The driver's license of a person under the age of 18 | ||||||
16 | shall not be invalid as described in subsection (a-1) of this | ||||||
17 | Section if the licensee under the age of 18 was: | ||||||
18 | (1) accompanied by the licensee's parent or guardian | ||||||
19 | or other person in custody or control of the minor; | ||||||
20 | (2) on an errand at the direction of the minor's | ||||||
21 | parent or guardian, without any detour or stop; | ||||||
22 | (3) in a motor vehicle involved in interstate travel; | ||||||
23 | (4) going to or returning home from an employment | ||||||
24 | activity, without any detour or stop; | ||||||
25 | (5) involved in an emergency; | ||||||
26 | (6) going to or returning home from, without any |
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1 | detour or stop, an official school, religious, or other | ||||||
2 | recreational activity supervised by adults and sponsored | ||||||
3 | by a government or governmental agency, a civic | ||||||
4 | organization, or another similar entity that takes | ||||||
5 | responsibility for the licensee, without any detour or | ||||||
6 | stop; | ||||||
7 | (7) exercising First Amendment rights protected by the | ||||||
8 | United States Constitution, such as the free exercise of | ||||||
9 | religion, freedom of speech, and the right of assembly; or | ||||||
10 | (8) married or had been married or is an emancipated | ||||||
11 | minor under the Emancipation of Minors Act. | ||||||
12 | (a-2.5) The driver's license of a person who is 17 years of | ||||||
13 | age and has been licensed for at least 12 months is not invalid | ||||||
14 | as described in subsection (a-1) of this Section while the | ||||||
15 | licensee is participating as an assigned driver in a Safe | ||||||
16 | Rides program that meets the following criteria: | ||||||
17 | (1) the program is sponsored by the Boy Scouts of | ||||||
18 | America or another national public service organization; | ||||||
19 | and | ||||||
20 | (2) the sponsoring organization carries liability | ||||||
21 | insurance covering the program. | ||||||
22 | (a-3) If a graduated driver's license holder over the age | ||||||
23 | of 18 committed an offense against traffic regulations | ||||||
24 | governing the movement of vehicles or any violation of Section | ||||||
25 | 6-107 or Section 12-603.1 of this Code in the 6 months prior to | ||||||
26 | the graduated driver's license holder's 18th birthday, and was |
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1 | subsequently convicted of the offense, the provisions of | ||||||
2 | subsection (a-1) shall continue to apply until such time as a | ||||||
3 | period of 6 consecutive months has elapsed without an | ||||||
4 | additional violation and subsequent conviction of an offense | ||||||
5 | against traffic regulations governing the movement of vehicles | ||||||
6 | or Section 6-107 or Section 12-603.1 of this Code. | ||||||
7 | (a-4) If an applicant for a driver's license or | ||||||
8 | instruction permit has a current identification card issued by | ||||||
9 | the Secretary of State, the Secretary may require the | ||||||
10 | applicant to utilize the same residence address and name on | ||||||
11 | the identification card, driver's license, and instruction | ||||||
12 | permit records maintained by the Secretary. The Secretary may | ||||||
13 | promulgate rules to implement this provision. | ||||||
14 | (a-5) If an applicant for a driver's license is a judicial | ||||||
15 | officer or a peace officer, the applicant may elect to have his | ||||||
16 | or her office or work address listed on the license instead of | ||||||
17 | the applicant's residence or mailing address. The Secretary of | ||||||
18 | State shall adopt rules to implement this subsection (a-5). | ||||||
19 | For the purposes of this subsection (a-5), "peace officer" | ||||||
20 | means any person who by virtue of his or her office or public | ||||||
21 | employment is vested by law with a duty to maintain public | ||||||
22 | order or to make arrests for a violation of any penal statute | ||||||
23 | of this State, whether that duty extends to all violations or | ||||||
24 | is limited to specific violations. | ||||||
25 | (b) Until the Secretary of State establishes a First | ||||||
26 | Person Consent organ and tissue donor registry under Section |
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1 | 6-117 of this Code, the Secretary of State shall provide a | ||||||
2 | format on the reverse of each driver's license issued which | ||||||
3 | the licensee may use to execute a document of gift conforming | ||||||
4 | to the provisions of the Illinois Anatomical Gift Act. The | ||||||
5 | format shall allow the licensee to indicate the gift intended, | ||||||
6 | whether specific organs, any organ, or the entire body, and | ||||||
7 | shall accommodate the signatures of the donor and 2 witnesses. | ||||||
8 | The Secretary shall also inform each applicant or licensee of | ||||||
9 | this format, describe the procedure for its execution, and may | ||||||
10 | offer the necessary witnesses; provided that in so doing, the | ||||||
11 | Secretary shall advise the applicant or licensee that he or | ||||||
12 | she is under no compulsion to execute a document of gift. A | ||||||
13 | brochure explaining this method of executing an anatomical | ||||||
14 | gift document shall be given to each applicant or licensee. | ||||||
15 | The brochure shall advise the applicant or licensee that he or | ||||||
16 | she is under no compulsion to execute a document of gift, and | ||||||
17 | that he or she may wish to consult with family, friends or | ||||||
18 | clergy before doing so. The Secretary of State may undertake | ||||||
19 | additional efforts, including education and awareness | ||||||
20 | activities, to promote organ and tissue donation. | ||||||
21 | (c) The Secretary of State shall designate on each | ||||||
22 | driver's license issued a space where the licensee may place a | ||||||
23 | sticker or decal of the uniform size as the Secretary may | ||||||
24 | specify, which sticker or decal may indicate in appropriate | ||||||
25 | language that the owner of the license carries an Emergency | ||||||
26 | Medical Information Card. |
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1 | The sticker may be provided by any person, hospital, | ||||||
2 | school, medical group, or association interested in assisting | ||||||
3 | in implementing the Emergency Medical Information Card, but | ||||||
4 | shall meet the specifications as the Secretary may by rule or | ||||||
5 | regulation require. | ||||||
6 | (d) The Secretary of State shall designate on each | ||||||
7 | driver's license issued a space where the licensee may | ||||||
8 | indicate his blood type and RH factor. | ||||||
9 | (e) The Secretary of State shall provide that each | ||||||
10 | original or renewal driver's license issued to a licensee | ||||||
11 | under 21 years of age shall be of a distinct nature from those | ||||||
12 | driver's licenses issued to individuals 21 years of age and | ||||||
13 | older. The color designated for driver's licenses for | ||||||
14 | licensees under 21 years of age shall be at the discretion of | ||||||
15 | the Secretary of State. | ||||||
16 | (e-1) The Secretary shall provide that each driver's | ||||||
17 | license issued to a person under the age of 21 displays the | ||||||
18 | date upon which the person becomes 18 years of age and the date | ||||||
19 | upon which the person becomes 21 years of age. | ||||||
20 | (e-3) The General Assembly recognizes the need to identify | ||||||
21 | military veterans living in this State for the purpose of | ||||||
22 | ensuring that they receive all of the services and benefits to | ||||||
23 | which they are legally entitled, including healthcare, | ||||||
24 | education assistance, and job placement. To assist the State | ||||||
25 | in identifying these veterans and delivering these vital | ||||||
26 | services and benefits, the Secretary of State is authorized to |
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1 | issue drivers' licenses with the word "veteran" appearing on | ||||||
2 | the face of the licenses. This authorization is predicated on | ||||||
3 | the unique status of veterans. The Secretary may not issue any | ||||||
4 | other driver's license which identifies an occupation, status, | ||||||
5 | affiliation, hobby, or other unique characteristics of the | ||||||
6 | license holder which is unrelated to the purpose of the | ||||||
7 | driver's license. | ||||||
8 | (e-5) Beginning on or before July 1, 2015, the Secretary | ||||||
9 | of State shall designate a space on each original or renewal | ||||||
10 | driver's license where, at the request of the applicant, the | ||||||
11 | word "veteran" shall be placed. The veteran designation shall | ||||||
12 | be available to a person identified as a veteran under | ||||||
13 | subsection (e) of Section 6-106 of this Code who was | ||||||
14 | discharged or separated under honorable conditions. | ||||||
15 | (f) The Secretary of State shall inform all Illinois | ||||||
16 | licensed commercial motor vehicle operators of the | ||||||
17 | requirements of the Uniform Commercial Driver License Act, | ||||||
18 | Article V of this Chapter, and shall make provisions to insure | ||||||
19 | that all drivers, seeking to obtain a commercial driver's | ||||||
20 | license, be afforded an opportunity prior to April 1, 1992, to | ||||||
21 | obtain the license. The Secretary is authorized to extend | ||||||
22 | driver's license expiration dates, and assign specific times, | ||||||
23 | dates and locations where these commercial driver's tests | ||||||
24 | shall be conducted. Any applicant, regardless of the current | ||||||
25 | expiration date of the applicant's driver's license, may be | ||||||
26 | subject to any assignment by the Secretary. Failure to comply |
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1 | with the Secretary's assignment may result in the applicant's | ||||||
2 | forfeiture of an opportunity to receive a commercial driver's | ||||||
3 | license prior to April 1, 1992. | ||||||
4 | (g) The Secretary of State shall designate on a driver's | ||||||
5 | license issued, a space where the licensee may indicate that | ||||||
6 | he or she has drafted a living will in accordance with the | ||||||
7 | Illinois Living Will Act or a durable power of attorney for | ||||||
8 | health care in accordance with the Illinois Power of Attorney | ||||||
9 | Act. | ||||||
10 | (g-1) The Secretary of State, in his or her discretion, | ||||||
11 | may designate on each driver's license issued a space where | ||||||
12 | the licensee may place a sticker or decal, issued by the | ||||||
13 | Secretary of State, of uniform size as the Secretary may | ||||||
14 | specify, that shall indicate in appropriate language that the | ||||||
15 | owner of the license has renewed his or her driver's license. | ||||||
16 | (h) A person who acts in good faith in accordance with the | ||||||
17 | terms of this Section is not liable for damages in any civil | ||||||
18 | action or subject to prosecution in any criminal proceeding | ||||||
19 | for his or her act. | ||||||
20 | (Source: P.A. 97-263, eff. 8-5-11; 97-739, eff. 1-1-13; | ||||||
21 | 97-847, eff. 1-1-13; 97-1127, eff. 1-1-13; 98-323, eff. | ||||||
22 | 1-1-14; 98-463, eff. 8-16-13.)
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23 | (625 ILCS 5/6-116) (from Ch. 95 1/2, par. 6-116) | ||||||
24 | Sec. 6-116. Notice of Change of Residence Address or Legal | ||||||
25 | Name. |
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1 | (a) Whenever any person after applying for or receiving a | ||||||
2 | drivers license or permit moves from the residence address | ||||||
3 | named in such application or on the license or permit issued to | ||||||
4 | him such person shall within 10 days thereafter notify the | ||||||
5 | Drivers Services Department of the Secretary of State's Office | ||||||
6 | in writing of his old and new residence addresses , including | ||||||
7 | the county of the new residence, and of the number of any | ||||||
8 | license or permit then held by him. Such person may obtain a | ||||||
9 | corrected license or permit as provided in Section 6-114. | ||||||
10 | (b) Any person whose legal name has changed from the name | ||||||
11 | on the license or permit that he or she has been previously | ||||||
12 | issued must apply for a corrected card within 30 days after the | ||||||
13 | change. | ||||||
14 | (Source: P.A. 93-895, eff. 1-1-05.)
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