Bill Text: IL SB1693 | 2013-2014 | 98th General Assembly | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the Illinois Identification Card Act. Allows peace officers to provide their work address in lieu of their home address when applying for an Illinois Identification Card. Amends the Illinois Vehicle Code. Allows peace officers to provide their work address in lieu of their home address when applying for a driver's license or instruction permit.
Spectrum: Slight Partisan Bill (Democrat 9-3)
Status: (Passed) 2013-08-12 - Public Act . . . . . . . . . 98-0323 [SB1693 Detail]
Download: Illinois-2013-SB1693-Introduced.html
Bill Title: Amends the Illinois Identification Card Act. Allows peace officers to provide their work address in lieu of their home address when applying for an Illinois Identification Card. Amends the Illinois Vehicle Code. Allows peace officers to provide their work address in lieu of their home address when applying for a driver's license or instruction permit.
Spectrum: Slight Partisan Bill (Democrat 9-3)
Status: (Passed) 2013-08-12 - Public Act . . . . . . . . . 98-0323 [SB1693 Detail]
Download: Illinois-2013-SB1693-Introduced.html
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1 | AN ACT concerning State government.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Illinois Identification Card Act is amended | |||||||||||||||||||||||
5 | by changing Sections 4 and 5 as follows:
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6 | (15 ILCS 335/4) (from Ch. 124, par. 24)
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7 | Sec. 4. Identification Card.
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8 | (a) The Secretary of State shall issue a
standard Illinois | |||||||||||||||||||||||
9 | Identification Card to any natural person who is a resident
of | |||||||||||||||||||||||
10 | the State of Illinois who applies for such card, or renewal | |||||||||||||||||||||||
11 | thereof,
or who applies for a standard Illinois Identification | |||||||||||||||||||||||
12 | Card upon release as a
committed person on parole, mandatory | |||||||||||||||||||||||
13 | supervised release, final discharge, or
pardon from the | |||||||||||||||||||||||
14 | Department of Corrections by submitting an identification card
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15 | issued by the Department of Corrections under Section 3-14-1 of | |||||||||||||||||||||||
16 | the Unified
Code of Corrections,
together with the prescribed | |||||||||||||||||||||||
17 | fees. No identification card shall be issued to any person who | |||||||||||||||||||||||
18 | holds a valid
foreign state
identification card, license, or | |||||||||||||||||||||||
19 | permit unless the person first surrenders to
the Secretary of
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20 | State the valid foreign state identification card, license, or | |||||||||||||||||||||||
21 | permit. The card shall be prepared and
supplied by the | |||||||||||||||||||||||
22 | Secretary of State and shall include a photograph and signature | |||||||||||||||||||||||
23 | or mark of the
applicant. However, the Secretary of State may |
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1 | provide by rule for the issuance of Illinois Identification | ||||||
2 | Cards without photographs if the applicant has a bona fide | ||||||
3 | religious objection to being photographed or to the display of | ||||||
4 | his or her photograph. The Illinois Identification Card may be | ||||||
5 | used for
identification purposes in any lawful situation only | ||||||
6 | by the person to
whom it was issued.
As used in this Act, | ||||||
7 | "photograph" means any color photograph or digitally
produced | ||||||
8 | and captured image of an applicant for an identification card. | ||||||
9 | As
used in this Act, "signature" means the name of a person as | ||||||
10 | written by that
person and captured in a manner acceptable to | ||||||
11 | the Secretary of State. | ||||||
12 | (a-5) If an applicant for an identification card has a | ||||||
13 | current driver's license or instruction permit issued by the | ||||||
14 | Secretary of State, the Secretary may require the applicant to | ||||||
15 | utilize the same residence address and name on the | ||||||
16 | identification card, driver's license, and instruction permit | ||||||
17 | records maintained by the Secretary. The Secretary may | ||||||
18 | promulgate rules to implement this provision.
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19 | (a-10) If the applicant is a judicial officer as defined in | ||||||
20 | Section 1-10 of the Judicial Privacy Act or a peace officer , | ||||||
21 | the applicant may elect to have his or her office or work | ||||||
22 | address listed on the card instead of the applicant's residence | ||||||
23 | or mailing address. The Secretary may promulgate rules to | ||||||
24 | implement this provision. | ||||||
25 | (b) The Secretary of State shall issue a special Illinois
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26 | Identification Card, which shall be known as an Illinois Person |
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1 | with a Disability
Identification Card, to any natural person | ||||||
2 | who is a resident of the State
of Illinois, who is a person | ||||||
3 | with a disability as defined in Section 4A of this Act,
who | ||||||
4 | applies for such card, or renewal thereof. No Illinois Person | ||||||
5 | with a Disability Identification Card shall be issued to any | ||||||
6 | person who
holds a valid
foreign state identification card, | ||||||
7 | license, or permit unless the person first
surrenders to the
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8 | Secretary of State the valid foreign state identification card, | ||||||
9 | license, or
permit. The Secretary of State
shall charge no fee | ||||||
10 | to issue such card. The card shall be prepared and
supplied by | ||||||
11 | the Secretary of State, and shall include a photograph and | ||||||
12 | signature or mark of the
applicant, a designation indicating | ||||||
13 | that the card is an Illinois
Person with a Disability | ||||||
14 | Identification Card, and shall include a comprehensible | ||||||
15 | designation
of the type and classification of the applicant's | ||||||
16 | disability as set out in
Section 4A of this Act. However, the | ||||||
17 | Secretary of State may provide by rule for the issuance of | ||||||
18 | Illinois Disabled Person with a Disability Identification | ||||||
19 | Cards without photographs if the applicant has a bona fide | ||||||
20 | religious objection to being photographed or to the display of | ||||||
21 | his or her photograph. If the applicant so requests, the card | ||||||
22 | shall
include a description of the applicant's disability and | ||||||
23 | any information
about the applicant's disability or medical | ||||||
24 | history which the Secretary
determines would be helpful to the | ||||||
25 | applicant in securing emergency medical
care. If a mark is used | ||||||
26 | in lieu of a signature, such mark
shall be affixed to the card |
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1 | in the presence of two witnesses who attest to
the authenticity | ||||||
2 | of the mark. The Illinois
Person with a Disability | ||||||
3 | Identification Card may be used for identification purposes
in | ||||||
4 | any lawful situation by the person to whom it was issued.
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5 | The Illinois Person with a Disability Identification Card | ||||||
6 | may be used as adequate
documentation of disability in lieu of | ||||||
7 | a physician's determination of
disability, a determination of | ||||||
8 | disability from a physician assistant who has
been delegated | ||||||
9 | the authority to make this determination by his or her
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10 | supervising physician, a determination of disability from an | ||||||
11 | advanced practice
nurse who has a written collaborative | ||||||
12 | agreement with a collaborating physician
that
authorizes the | ||||||
13 | advanced practice nurse to make this determination, or any
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14 | other documentation
of disability whenever
any
State law
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15 | requires that a disabled person provide such documentation of | ||||||
16 | disability,
however an Illinois Person with a Disability | ||||||
17 | Identification Card shall not qualify
the cardholder to | ||||||
18 | participate in any program or to receive any benefit
which is | ||||||
19 | not available to all persons with like disabilities.
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20 | Notwithstanding any other provisions of law, an Illinois Person | ||||||
21 | with a Disability
Identification Card, or evidence that the | ||||||
22 | Secretary of State has issued an
Illinois Person with a | ||||||
23 | Disability Identification Card, shall not be used by any
person | ||||||
24 | other than the person named on such card to prove that the | ||||||
25 | person
named on such card is a disabled person or for any other | ||||||
26 | purpose unless the
card is used for the benefit of the person |
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1 | named on such card, and the
person named on such card consents | ||||||
2 | to such use at the time the card is so used.
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3 | An optometrist's determination of a visual disability | ||||||
4 | under Section 4A of this Act is acceptable as documentation for | ||||||
5 | the purpose of issuing an Illinois Person with a Disability | ||||||
6 | Identification Card. | ||||||
7 | When medical information is contained on an Illinois Person | ||||||
8 | with a Disability
Identification Card, the Office of the | ||||||
9 | Secretary of State shall not be
liable for any actions taken | ||||||
10 | based upon that medical information.
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11 | (c) The Secretary of State shall provide
that each original | ||||||
12 | or renewal Illinois Identification Card or Illinois
Person with | ||||||
13 | a Disability Identification Card issued to a person under the | ||||||
14 | age of 21 ,
shall be of a distinct nature from those Illinois | ||||||
15 | Identification Cards or
Illinois Person with a Disability | ||||||
16 | Identification Cards issued to individuals 21
years of age or | ||||||
17 | older. The color designated for Illinois Identification
Cards | ||||||
18 | or Illinois Person with a Disability Identification Cards for | ||||||
19 | persons under
the age of 21 shall be at the discretion of the | ||||||
20 | Secretary of State.
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21 | (c-1) Each original or renewal Illinois
Identification | ||||||
22 | Card or Illinois Person with a Disability Identification Card | ||||||
23 | issued to
a person under the age of 21 shall display the date | ||||||
24 | upon which the person
becomes 18 years of age and the date upon | ||||||
25 | which the person becomes 21 years of
age.
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26 | (c-3) The General Assembly recognizes the need to identify |
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1 | military veterans living in this State for the purpose of | ||||||
2 | ensuring that they receive all of the services and benefits to | ||||||
3 | which they are legally entitled, including healthcare, | ||||||
4 | education assistance, and job placement. To assist the State in | ||||||
5 | identifying these veterans and delivering these vital services | ||||||
6 | and benefits, the Secretary of State is authorized to issue | ||||||
7 | Illinois Identification Cards and Illinois Disabled Person | ||||||
8 | with a Disability Identification Cards with the word "veteran" | ||||||
9 | appearing on the face of the cards. This authorization is | ||||||
10 | predicated on the unique status of veterans. The Secretary may | ||||||
11 | not issue any other identification card which identifies an | ||||||
12 | occupation, status, affiliation, hobby, or other unique | ||||||
13 | characteristics of the identification card holder which is | ||||||
14 | unrelated to the purpose of the identification card.
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15 | (c-5) Beginning on or before July 1, 2015, the Secretary of | ||||||
16 | State shall designate a space on each original or renewal | ||||||
17 | identification card where, at the request of the applicant, the | ||||||
18 | word "veteran" shall be placed. The veteran designation shall | ||||||
19 | be available to a person identified as a veteran under | ||||||
20 | subsection (b) of Section 5 of this Act who was discharged or | ||||||
21 | separated under honorable conditions. | ||||||
22 | (d) The Secretary of State may issue a Senior Citizen
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23 | discount card, to any natural person who is a resident of the | ||||||
24 | State of
Illinois who is 60 years of age or older and who | ||||||
25 | applies for such a card or
renewal thereof. The Secretary of | ||||||
26 | State shall charge no fee to issue such
card. The card shall be |
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1 | issued in every county and applications shall be
made available | ||||||
2 | at, but not limited to, nutrition sites, senior citizen
centers | ||||||
3 | and Area Agencies on Aging. The applicant, upon receipt of such
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4 | card and prior to its use for any purpose, shall have affixed | ||||||
5 | thereon in
the space provided therefor his signature or mark.
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6 | (e) The Secretary of State, in his or her discretion, may | ||||||
7 | designate on each Illinois
Identification Card or Illinois | ||||||
8 | Person with a Disability Identification Card a space where the | ||||||
9 | card holder may place a sticker or decal, issued by the | ||||||
10 | Secretary of State, of uniform size as the Secretary may | ||||||
11 | specify, that shall indicate in appropriate language that the | ||||||
12 | card holder has renewed his or her Illinois
Identification Card | ||||||
13 | or Illinois Person with a Disability Identification Card. | ||||||
14 | (Source: P.A. 96-146, eff. 1-1-10; 96-328, eff. 8-11-09; | ||||||
15 | 96-1231, eff. 7-23-10; 97-371, eff. 1-1-12; 97-739, eff. | ||||||
16 | 1-1-13; 97-847, eff. 1-1-13; 97-1064, eff. 1-1-13; revised | ||||||
17 | 9-5-12.)
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18 | (15 ILCS 335/5) (from Ch. 124, par. 25)
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19 | Sec. 5. Applications. | ||||||
20 | (a) Any natural person who is a resident of the
State of | ||||||
21 | Illinois , may file an application for an identification card , | ||||||
22 | or for
the renewal thereof, in a manner prescribed by the | ||||||
23 | Secretary. Each original application
shall be completed by the | ||||||
24 | applicant in full and shall set forth the legal
name,
residence | ||||||
25 | address and zip code, social security number, birth date, sex |
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1 | and
a brief
description of the applicant. The applicant shall | ||||||
2 | be photographed, unless the Secretary of State has provided by | ||||||
3 | rule for the issuance of identification cards without | ||||||
4 | photographs and the applicant is deemed eligible for an | ||||||
5 | identification card without a photograph under the terms and | ||||||
6 | conditions imposed by the Secretary of State, and he
or she | ||||||
7 | shall also submit any other information as the Secretary may | ||||||
8 | deem necessary
or such documentation as the Secretary may | ||||||
9 | require to determine the
identity of the applicant. In addition | ||||||
10 | to the residence address, the Secretary may allow the applicant | ||||||
11 | to provide a mailing address. If the applicant is a judicial | ||||||
12 | officer as defined in Section 1-10 of the Judicial Privacy Act | ||||||
13 | or a peace officer , the applicant may elect to have his or her | ||||||
14 | office or work address in lieu of the applicant's residence or | ||||||
15 | mailing address. An applicant for an Illinois Person with a | ||||||
16 | Disability Identification Card must
also submit with each | ||||||
17 | original or renewal application, on forms prescribed
by the | ||||||
18 | Secretary, such documentation as the Secretary may require,
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19 | establishing that the applicant is a "person with a disability" | ||||||
20 | as defined in
Section 4A of this Act, and setting forth the | ||||||
21 | applicant's type and class of
disability as set forth in | ||||||
22 | Section 4A of this Act.
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23 | (b) Beginning on or before July 1, 2015, for each original | ||||||
24 | or renewal identification card application under this Act, the | ||||||
25 | Secretary shall inquire as to whether the applicant is a | ||||||
26 | veteran for purposes of issuing an identification card with a |
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1 | veteran designation under subsection (c-5) of Section 4 of this | ||||||
2 | Act. The acceptable forms of proof shall include, but are not | ||||||
3 | limited to, Department of Defense form DD-214. The Secretary | ||||||
4 | shall determine by rule what other forms of proof of a person's | ||||||
5 | status as a veteran are acceptable. | ||||||
6 | The Illinois Department of Veterans' Affairs shall confirm | ||||||
7 | the status of the applicant as an honorably discharged veteran | ||||||
8 | before the Secretary may issue the identification card. | ||||||
9 | For purposes of this subsection (b): | ||||||
10 | "Active duty" means active duty under an executive order of | ||||||
11 | the President of the United States, an Act of the Congress of | ||||||
12 | the United States, or an order of the Governor. | ||||||
13 | "Armed forces" means any of the Armed Forces of the United | ||||||
14 | States, including a member of any reserve component or National | ||||||
15 | Guard unit called to active duty. | ||||||
16 | "Veteran" means a person who has served on active duty in | ||||||
17 | the armed forces and was discharged or separated under | ||||||
18 | honorable conditions. | ||||||
19 | (Source: P.A. 96-1231, eff. 7-23-10; 97-371, eff. 1-1-12; | ||||||
20 | 97-739, eff. 1-1-13; 97-847, eff. 1-1-13; 97-1064, eff. 1-1-13; | ||||||
21 | revised 9-5-12.)
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22 | Section 10. The Illinois Vehicle Code is amended by | ||||||
23 | changing Section 6-106 as follows:
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24 | (625 ILCS 5/6-106) (from Ch. 95 1/2, par. 6-106)
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1 | Sec. 6-106. Application for license or instruction permit.
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2 | (a) Every application for any permit or license authorized | ||||||
3 | to be issued
under this Act shall be made upon a form furnished | ||||||
4 | by the Secretary of
State. Every application shall be | ||||||
5 | accompanied by the proper fee and payment
of such fee shall | ||||||
6 | entitle the applicant to not more than 3 attempts to pass
the | ||||||
7 | examination within a period of 1 year after the date of | ||||||
8 | application.
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9 | (b) Every application shall state the legal name, social | ||||||
10 | security
number, zip
code, date of birth, sex, and residence | ||||||
11 | address of the applicant; briefly
describe the applicant; state | ||||||
12 | whether the applicant has theretofore been
licensed as a | ||||||
13 | driver, and, if so, when and by what state or country, and
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14 | whether any such license has ever been cancelled, suspended, | ||||||
15 | revoked or
refused, and, if so, the date and reason for such | ||||||
16 | cancellation, suspension,
revocation or refusal; shall include | ||||||
17 | an affirmation by the applicant that
all information set forth | ||||||
18 | is true and correct; and shall bear the
applicant's signature. | ||||||
19 | In addition to the residence address, the Secretary may allow | ||||||
20 | the applicant to provide a mailing address. In the case of an | ||||||
21 | applicant who is a judicial officer or peace officer , the | ||||||
22 | Secretary may allow the applicant to provide an office or work | ||||||
23 | address in lieu of a residence or mailing address. The | ||||||
24 | application form may
also require the statement of such | ||||||
25 | additional relevant information as the
Secretary of State shall | ||||||
26 | deem necessary to determine the applicant's
competency and |
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1 | eligibility. The Secretary of State may, in his
discretion, by | ||||||
2 | rule or regulation, provide that an application for a
drivers | ||||||
3 | license or permit may include a suitable photograph of the
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4 | applicant in the
form prescribed by the Secretary, and he may | ||||||
5 | further provide that each
drivers license shall include a | ||||||
6 | photograph of the driver. The Secretary of
State may utilize a | ||||||
7 | photograph process or system most suitable to deter
alteration | ||||||
8 | or improper reproduction of a drivers license and to prevent
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9 | substitution of another photo thereon.
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10 | (c) The application form shall include a notice to the | ||||||
11 | applicant of the
registration obligations of sex offenders | ||||||
12 | under the Sex Offender Registration
Act. The notice shall be | ||||||
13 | provided in a form and manner prescribed by the
Secretary of | ||||||
14 | State. For purposes of this subsection (c), "sex offender" has
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15 | the meaning ascribed to it in Section 2 of the Sex Offender | ||||||
16 | Registration Act.
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17 | (d) Any male United States citizen or immigrant who applies | ||||||
18 | for any
permit or
license authorized to be issued under this | ||||||
19 | Act or for a renewal of any permit
or
license,
and who is at | ||||||
20 | least 18 years of age but less than 26 years of age, must be
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21 | registered in compliance with the requirements of the federal | ||||||
22 | Military
Selective
Service Act.
The Secretary of State must | ||||||
23 | forward in an electronic format the necessary
personal | ||||||
24 | information regarding the applicants identified in this | ||||||
25 | subsection (d)
to
the Selective Service System. The applicant's | ||||||
26 | signature on the application
serves
as an indication that the |
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1 | applicant either has already registered with the
Selective
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2 | Service System or that he is authorizing the Secretary to | ||||||
3 | forward to the
Selective
Service System the necessary | ||||||
4 | information for registration. The Secretary must
notify the | ||||||
5 | applicant at the time of application that his signature | ||||||
6 | constitutes
consent to registration with the Selective Service | ||||||
7 | System, if he is not already
registered.
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8 | (e) Beginning on or before July 1, 2015, for each original | ||||||
9 | or renewal driver's license application under this Act, the | ||||||
10 | Secretary shall inquire as to whether the applicant is a | ||||||
11 | veteran for purposes of issuing a driver's license with a | ||||||
12 | veteran designation under subsection (e-5) of Section 6-110 of | ||||||
13 | this Chapter. The acceptable forms of proof shall include, but | ||||||
14 | are not limited to, Department of Defense form DD-214. The | ||||||
15 | Secretary shall determine by rule what other forms of proof of | ||||||
16 | a person's status as a veteran are acceptable. | ||||||
17 | The Illinois Department of Veterans' Affairs shall confirm | ||||||
18 | the status of the applicant as an honorably discharged veteran | ||||||
19 | before the Secretary may issue the driver's license. | ||||||
20 | For purposes of this subsection (e): | ||||||
21 | "Active duty" means active duty under an executive order of | ||||||
22 | the President of the United States, an Act of the Congress of | ||||||
23 | the United States, or an order of the Governor. | ||||||
24 | "Armed forces" means any of the Armed Forces of the United | ||||||
25 | States, including a member of any reserve component or National | ||||||
26 | Guard unit called to active duty. |
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1 | "Veteran" means a person who has served on active duty in | ||||||
2 | the armed forces and was discharged or separated under | ||||||
3 | honorable conditions. | ||||||
4 | (Source: P.A. 96-1231, eff. 7-23-10; 97-263, eff. 8-5-11; | ||||||
5 | 97-739, eff. 1-1-13; 97-847, eff. 1-1-13; revised 8-3-12.)
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