Public Act 098-0323

SB1693 Enrolled LRB098 09866 MLW 40024 b

AN ACT concerning State government.

Be it enacted by the People of the State of Illinois,

represented in the General Assembly:

Section 5. The Illinois Identification Card Act is amended

by changing Sections 4 and 5 as follows:

(15 ILCS 335/4) (from Ch. 124, par. 24)

Sec. 4. Identification Card.

(a) The Secretary of State shall issue a standard Illinois

Identification Card to any natural person who is a resident of

the State of Illinois who applies for such card, or renewal

thereof, or who applies for a standard Illinois Identification

Card upon release as a committed person on parole, mandatory

supervised release, final discharge, or pardon from the

Department of Corrections by submitting an identification card

issued by the Department of Corrections under Section 3-14-1 of

the Unified Code of Corrections, together with the prescribed

fees. No identification card shall be issued to any person who

holds a valid foreign state identification card, license, or

permit unless the person first surrenders to the Secretary of

State the valid foreign state identification card, license, or

permit. The card shall be prepared and supplied by the

Secretary of State and shall include a photograph and signature

or mark of the applicant. However, the Secretary of State may

provide by rule for the issuance of Illinois Identification

Cards without photographs if the applicant has a bona fide

religious objection to being photographed or to the display of

his or her photograph. The Illinois Identification Card may be

used for identification purposes in any lawful situation only

by the person to whom it was issued. As used in this Act,

"photograph" means any color photograph or digitally produced

and captured image of an applicant for an identification card.

As used in this Act, "signature" means the name of a person as

written by that person and captured in a manner acceptable to

the Secretary of State.

(a-5) If an applicant for an identification card has a

current driver's license or instruction permit issued by the

Secretary of State, the Secretary may require the applicant to

utilize the same residence address and name on the

identification card, driver's license, and instruction permit

records maintained by the Secretary. The Secretary may

promulgate rules to implement this provision.

(a-10) If the applicant is a judicial officer as defined in

Section 1-10 of the Judicial Privacy Act or a peace officer,

the applicant may elect to have his or her office or work

address listed on the card instead of the applicant's residence

or mailing address. The Secretary may promulgate rules to

implement this provision. For the purposes of this subsection

(a-10), "peace officer" means any person who by virtue of his

or her office or public employment is vested by law with a duty

to maintain public order or to make arrests for a violation of

any penal statute of this State, whether that duty extends to

all violations or is limited to specific violations.

(b) The Secretary of State shall issue a special Illinois

Identification Card, which shall be known as an Illinois Person

with a Disability Identification Card, to any natural person

who is a resident of the State of Illinois, who is a person

with a disability as defined in Section 4A of this Act, who

applies for such card, or renewal thereof. No Illinois Person

with a Disability Identification Card shall be issued to any

person who holds a valid foreign state identification card,

license, or permit unless the person first surrenders to the

Secretary of State the valid foreign state identification card,

license, or permit. The Secretary of State shall charge no fee

to issue such card. The card shall be prepared and supplied by

the Secretary of State, and shall include a photograph and

signature or mark of the applicant, a designation indicating

that the card is an Illinois Person with a Disability

Identification Card, and shall include a comprehensible

designation of the type and classification of the applicant's

disability as set out in Section 4A of this Act. However, the

Secretary of State may provide by rule for the issuance of

Illinois Disabled Person with a Disability Identification

Cards without photographs if the applicant has a bona fide

religious objection to being photographed or to the display of

his or her photograph. If the applicant so requests, the card

shall include a description of the applicant's disability and

any information about the applicant's disability or medical

history which the Secretary determines would be helpful to the

applicant in securing emergency medical care. If a mark is used

in lieu of a signature, such mark shall be affixed to the card

in the presence of two witnesses who attest to the authenticity

of the mark. The Illinois Person with a Disability

Identification Card may be used for identification purposes in

any lawful situation by the person to whom it was issued.

The Illinois Person with a Disability Identification Card

may be used as adequate documentation of disability in lieu of

a physician's determination of disability, a determination of

disability from a physician assistant who has been delegated

the authority to make this determination by his or her

supervising physician, a determination of disability from an

advanced practice nurse who has a written collaborative

agreement with a collaborating physician that authorizes the

advanced practice nurse to make this determination, or any

other documentation of disability whenever any State law

requires that a disabled person provide such documentation of

disability, however an Illinois Person with a Disability

Identification Card shall not qualify the cardholder to

participate in any program or to receive any benefit which is

not available to all persons with like disabilities.

Notwithstanding any other provisions of law, an Illinois Person

with a Disability Identification Card, or evidence that the

Secretary of State has issued an Illinois Person with a

Disability Identification Card, shall not be used by any person

other than the person named on such card to prove that the

person named on such card is a disabled person or for any other

purpose unless the card is used for the benefit of the person

named on such card, and the person named on such card consents

to such use at the time the card is so used.

An optometrist's determination of a visual disability

under Section 4A of this Act is acceptable as documentation for

the purpose of issuing an Illinois Person with a Disability

Identification Card.

When medical information is contained on an Illinois Person

with a Disability Identification Card, the Office of the

Secretary of State shall not be liable for any actions taken

based upon that medical information.

(c) The Secretary of State shall provide that each original

or renewal Illinois Identification Card or Illinois Person with

a Disability Identification Card issued to a person under the

age of 21, shall be of a distinct nature from those Illinois

Identification Cards or Illinois Person with a Disability

Identification Cards issued to individuals 21 years of age or

older. The color designated for Illinois Identification Cards

or Illinois Person with a Disability Identification Cards for

persons under the age of 21 shall be at the discretion of the

Secretary of State.

(c-1) Each original or renewal Illinois Identification

Card or Illinois Person with a Disability Identification Card

issued to a person under the age of 21 shall display the date

upon which the person becomes 18 years of age and the date upon

which the person becomes 21 years of age.

(c-3) The General Assembly recognizes the need to identify

military veterans living in this State for the purpose of

ensuring that they receive all of the services and benefits to

which they are legally entitled, including healthcare,

education assistance, and job placement. To assist the State in

identifying these veterans and delivering these vital services

and benefits, the Secretary of State is authorized to issue

Illinois Identification Cards and Illinois Disabled Person

with a Disability Identification Cards with the word "veteran"

appearing on the face of the cards. This authorization is

predicated on the unique status of veterans. The Secretary may

not issue any other identification card which identifies an

occupation, status, affiliation, hobby, or other unique

characteristics of the identification card holder which is

unrelated to the purpose of the identification card.

(c-5) Beginning on or before July 1, 2015, the Secretary of

State shall designate a space on each original or renewal

identification card where, at the request of the applicant, the

word "veteran" shall be placed. The veteran designation shall

be available to a person identified as a veteran under

subsection (b) of Section 5 of this Act who was discharged or

separated under honorable conditions.

(d) The Secretary of State may issue a Senior Citizen

discount card, to any natural person who is a resident of the

State of Illinois who is 60 years of age or older and who

applies for such a card or renewal thereof. The Secretary of

State shall charge no fee to issue such card. The card shall be

issued in every county and applications shall be made available

at, but not limited to, nutrition sites, senior citizen centers

and Area Agencies on Aging. The applicant, upon receipt of such

card and prior to its use for any purpose, shall have affixed

thereon in the space provided therefor his signature or mark.

(e) The Secretary of State, in his or her discretion, may

designate on each Illinois Identification Card or Illinois

Person with a Disability Identification Card a space where the

card holder may place a sticker or decal, issued by the

Secretary of State, of uniform size as the Secretary may

specify, that shall indicate in appropriate language that the

card holder has renewed his or her Illinois Identification Card

or Illinois Person with a Disability Identification Card.

(Source: P.A. 96-146, eff. 1-1-10; 96-328, eff. 8-11-09;

96-1231, eff. 7-23-10; 97-371, eff. 1-1-12; 97-739, eff.

1-1-13; 97-847, eff. 1-1-13; 97-1064, eff. 1-1-13; revised

9-5-12.)

(15 ILCS 335/5) (from Ch. 124, par. 25)

Sec. 5. Applications.

(a) Any natural person who is a resident of the State of

Illinois, may file an application for an identification card,

or for the renewal thereof, in a manner prescribed by the

Secretary. Each original application shall be completed by the

applicant in full and shall set forth the legal name, residence

address and zip code, social security number, birth date, sex

and a brief description of the applicant. The applicant shall

be photographed, unless the Secretary of State has provided by

rule for the issuance of identification cards without

photographs and the applicant is deemed eligible for an

identification card without a photograph under the terms and

conditions imposed by the Secretary of State, and he or she

shall also submit any other information as the Secretary may

deem necessary or such documentation as the Secretary may

require to determine the identity of the applicant. In addition

to the residence address, the Secretary may allow the applicant

to provide a mailing address. If the applicant is a judicial

officer as defined in Section 1-10 of the Judicial Privacy Act

or a peace officer, the applicant may elect to have his or her

office or work address in lieu of the applicant's residence or

mailing address. An applicant for an Illinois Person with a

Disability Identification Card must also submit with each

original or renewal application, on forms prescribed by the

Secretary, such documentation as the Secretary may require,

establishing that the applicant is a "person with a disability"

as defined in Section 4A of this Act, and setting forth the

applicant's type and class of disability as set forth in

Section 4A of this Act. For the purposes of this subsection

(a), "peace officer" means any person who by virtue of his or

her office or public employment is vested by law with a duty to

maintain public order or to make arrests for a violation of any

penal statute of this State, whether that duty extends to all

violations or is limited to specific violations.

(b) Beginning on or before July 1, 2015, for each original

or renewal identification card application under this Act, the

Secretary shall inquire as to whether the applicant is a

veteran for purposes of issuing an identification card with a

veteran designation under subsection (c-5) of Section 4 of this

Act. The acceptable forms of proof shall include, but are not

limited to, Department of Defense form DD-214. The Secretary

shall determine by rule what other forms of proof of a person's

status as a veteran are acceptable.

The Illinois Department of Veterans' Affairs shall confirm

the status of the applicant as an honorably discharged veteran

before the Secretary may issue the identification card.

For purposes of this subsection (b):

"Active duty" means active duty under an executive order of

the President of the United States, an Act of the Congress of

the United States, or an order of the Governor.

"Armed forces" means any of the Armed Forces of the United

States, including a member of any reserve component or National

Guard unit called to active duty.

"Veteran" means a person who has served on active duty in

the armed forces and was discharged or separated under

honorable conditions.

(Source: P.A. 96-1231, eff. 7-23-10; 97-371, eff. 1-1-12;

97-739, eff. 1-1-13; 97-847, eff. 1-1-13; 97-1064, eff. 1-1-13;

revised 9-5-12.)

Section 10. The Illinois Vehicle Code is amended by

changing Sections 6-106 and 6-110 as follows:

(625 ILCS 5/6-106) (from Ch. 95 1/2, par. 6-106)

Sec. 6-106. Application for license or instruction permit.

(a) Every application for any permit or license authorized

to be issued under this Act shall be made upon a form furnished

by the Secretary of State. Every application shall be

accompanied by the proper fee and payment of such fee shall

entitle the applicant to not more than 3 attempts to pass the

examination within a period of 1 year after the date of

application.

(b) Every application shall state the legal name, social

security number, zip code, date of birth, sex, and residence

address of the applicant; briefly describe the applicant; state

whether the applicant has theretofore been licensed as a

driver, and, if so, when and by what state or country, and

whether any such license has ever been cancelled, suspended,

revoked or refused, and, if so, the date and reason for such

cancellation, suspension, revocation or refusal; shall include

an affirmation by the applicant that all information set forth

is true and correct; and shall bear the applicant's signature.

In addition to the residence address, the Secretary may allow

the applicant to provide a mailing address. In the case of an

applicant who is a judicial officer or peace officer, the

Secretary may allow the applicant to provide an office or work

address in lieu of a residence or mailing address. The

application form may also require the statement of such

additional relevant information as the Secretary of State shall

deem necessary to determine the applicant's competency and

eligibility. The Secretary of State may, in his discretion, by

rule or regulation, provide that an application for a drivers

license or permit may include a suitable photograph of the

applicant in the form prescribed by the Secretary, and he may

further provide that each drivers license shall include a

photograph of the driver. The Secretary of State may utilize a

photograph process or system most suitable to deter alteration

or improper reproduction of a drivers license and to prevent

substitution of another photo thereon. For the purposes of this

subsection (b), "peace officer" means any person who by virtue

of his or her office or public employment is vested by law with

a duty to maintain public order or to make arrests for a

violation of any penal statute of this State, whether that duty

extends to all violations or is limited to specific violations.

(c) The application form shall include a notice to the

applicant of the registration obligations of sex offenders

under the Sex Offender Registration Act. The notice shall be

provided in a form and manner prescribed by the Secretary of

State. For purposes of this subsection (c), "sex offender" has

the meaning ascribed to it in Section 2 of the Sex Offender

Registration Act.

(d) Any male United States citizen or immigrant who applies

for any permit or license authorized to be issued under this

Act or for a renewal of any permit or license, and who is at

least 18 years of age but less than 26 years of age, must be

registered in compliance with the requirements of the federal

Military Selective Service Act. The Secretary of State must

forward in an electronic format the necessary personal

information regarding the applicants identified in this

subsection (d) to the Selective Service System. The applicant's

signature on the application serves as an indication that the

applicant either has already registered with the Selective

Service System or that he is authorizing the Secretary to

forward to the Selective Service System the necessary

information for registration. The Secretary must notify the

applicant at the time of application that his signature

constitutes consent to registration with the Selective Service

System, if he is not already registered.

(e) Beginning on or before July 1, 2015, for each original

or renewal driver's license application under this Act, the

Secretary shall inquire as to whether the applicant is a

veteran for purposes of issuing a driver's license with a

veteran designation under subsection (e-5) of Section 6-110 of

this Chapter. The acceptable forms of proof shall include, but

are not limited to, Department of Defense form DD-214. The

Secretary shall determine by rule what other forms of proof of

a person's status as a veteran are acceptable.

The Illinois Department of Veterans' Affairs shall confirm

the status of the applicant as an honorably discharged veteran

before the Secretary may issue the driver's license.

For purposes of this subsection (e):

"Active duty" means active duty under an executive order of

the President of the United States, an Act of the Congress of

the United States, or an order of the Governor.

"Armed forces" means any of the Armed Forces of the United

States, including a member of any reserve component or National

Guard unit called to active duty.

"Veteran" means a person who has served on active duty in

the armed forces and was discharged or separated under

honorable conditions.

(Source: P.A. 96-1231, eff. 7-23-10; 97-263, eff. 8-5-11;

97-739, eff. 1-1-13; 97-847, eff. 1-1-13; revised 8-3-12.)

(625 ILCS 5/6-110) (from Ch. 95 1/2, par. 6-110)

Sec. 6-110. Licenses issued to drivers.

(a) The Secretary of State shall issue to every qualifying

applicant a driver's license as applied for, which license

shall bear a distinguishing number assigned to the licensee,

the legal name, signature, zip code, date of birth, residence

address, and a brief description of the licensee.

Licenses issued shall also indicate the classification and

the restrictions under Section 6-104 of this Code. The

Secretary may adopt rules to establish informational

restrictions that can be placed on the driver's license

regarding specific conditions of the licensee.

A driver's license issued may, in the discretion of the

Secretary, include a suitable photograph of a type prescribed

by the Secretary.

(a-1) If the licensee is less than 18 years of age, unless

one of the exceptions in subsection (a-2) apply, the license

shall, as a matter of law, be invalid for the operation of any

motor vehicle during the following times:

(A) Between 11:00 p.m. Friday and 6:00 a.m. Saturday;

(B) Between 11:00 p.m. Saturday and 6:00 a.m. on

Sunday; and

(C) Between 10:00 p.m. on Sunday to Thursday,

inclusive, and 6:00 a.m. on the following day.

(a-2) The driver's license of a person under the age of 18

shall not be invalid as described in subsection (a-1) of this

Section if the licensee under the age of 18 was:

(1) accompanied by the licensee's parent or guardian or

other person in custody or control of the minor;

(2) on an errand at the direction of the minor's parent

or guardian, without any detour or stop;

(3) in a motor vehicle involved in interstate travel;

(4) going to or returning home from an employment

activity, without any detour or stop;

(5) involved in an emergency;

(6) going to or returning home from, without any detour

or stop, an official school, religious, or other

recreational activity supervised by adults and sponsored

by a government or governmental agency, a civic

organization, or another similar entity that takes

responsibility for the licensee, without any detour or

stop;

(7) exercising First Amendment rights protected by the

United States Constitution, such as the free exercise of

religion, freedom of speech, and the right of assembly; or

(8) married or had been married or is an emancipated

minor under the Emancipation of Minors Act.

(a-2.5) The driver's license of a person who is 17 years of

age and has been licensed for at least 12 months is not invalid

as described in subsection (a-1) of this Section while the

licensee is participating as an assigned driver in a Safe Rides

program that meets the following criteria:

(1) the program is sponsored by the Boy Scouts of

America or another national public service organization;

and

(2) the sponsoring organization carries liability

insurance covering the program.

(a-3) If a graduated driver's license holder over the age

of 18 committed an offense against traffic regulations

governing the movement of vehicles or any violation of Section

6-107 or Section 12-603.1 of this Code in the 6 months prior to

the graduated driver's license holder's 18th birthday, and was

subsequently convicted of the offense, the provisions of

subsection (a-1) shall continue to apply until such time as a

period of 6 consecutive months has elapsed without an

additional violation and subsequent conviction of an offense

against traffic regulations governing the movement of vehicles

or Section 6-107 or Section 12-603.1 of this Code.

(a-4) If an applicant for a driver's license or instruction

permit has a current identification card issued by the

Secretary of State, the Secretary may require the applicant to

utilize the same residence address and name on the

identification card, driver's license, and instruction permit

records maintained by the Secretary. The Secretary may

promulgate rules to implement this provision.

(a-5) If an applicant for a driver's license is a judicial

officer or a peace officer, the applicant may elect to have his

or her office or work address listed on the license instead of

the applicant's residence or mailing address. The Secretary of

State shall adopt rules to implement this subsection (a-5). For

the purposes of this subsection (a-5), "peace officer" means

any person who by virtue of his or her office or public

employment is vested by law with a duty to maintain public

order or to make arrests for a violation of any penal statute

of this State, whether that duty extends to all violations or

is limited to specific violations.

(b) Until the Secretary of State establishes a First Person

Consent organ and tissue donor registry under Section 6-117 of

this Code, the Secretary of State shall provide a format on the

reverse of each driver's license issued which the licensee may

use to execute a document of gift conforming to the provisions

of the Illinois Anatomical Gift Act. The format shall allow the

licensee to indicate the gift intended, whether specific

organs, any organ, or the entire body, and shall accommodate

the signatures of the donor and 2 witnesses. The Secretary

shall also inform each applicant or licensee of this format,

describe the procedure for its execution, and may offer the

necessary witnesses; provided that in so doing, the Secretary

shall advise the applicant or licensee that he or she is under

no compulsion to execute a document of gift. A brochure

explaining this method of executing an anatomical gift document

shall be given to each applicant or licensee. The brochure

shall advise the applicant or licensee that he or she is under

no compulsion to execute a document of gift, and that he or she

may wish to consult with family, friends or clergy before doing

so. The Secretary of State may undertake additional efforts,

including education and awareness activities, to promote organ

and tissue donation.

(c) The Secretary of State shall designate on each driver's

license issued a space where the licensee may place a sticker

or decal of the uniform size as the Secretary may specify,

which sticker or decal may indicate in appropriate language

that the owner of the license carries an Emergency Medical

Information Card.

The sticker may be provided by any person, hospital,

school, medical group, or association interested in assisting

in implementing the Emergency Medical Information Card, but

shall meet the specifications as the Secretary may by rule or

regulation require.

(d) The Secretary of State shall designate on each driver's

license issued a space where the licensee may indicate his

blood type and RH factor.

(e) The Secretary of State shall provide that each original

or renewal driver's license issued to a licensee under 21 years

of age shall be of a distinct nature from those driver's

licenses issued to individuals 21 years of age and older. The

color designated for driver's licenses for licensees under 21

years of age shall be at the discretion of the Secretary of

State.

(e-1) The Secretary shall provide that each driver's

license issued to a person under the age of 21 displays the

date upon which the person becomes 18 years of age and the date

upon which the person becomes 21 years of age.

(e-3) The General Assembly recognizes the need to identify

military veterans living in this State for the purpose of

ensuring that they receive all of the services and benefits to

which they are legally entitled, including healthcare,

education assistance, and job placement. To assist the State in

identifying these veterans and delivering these vital services

and benefits, the Secretary of State is authorized to issue

drivers' licenses with the word "veteran" appearing on the face

of the licenses. This authorization is predicated on the unique

status of veterans. The Secretary may not issue any other

driver's license which identifies an occupation, status,

affiliation, hobby, or other unique characteristics of the

license holder which is unrelated to the purpose of the

driver's license.

(e-5) Beginning on or before July 1, 2015, the Secretary of

State shall designate a space on each original or renewal

driver's license where, at the request of the applicant, the

word "veteran" shall be placed. The veteran designation shall

be available to a person identified as a veteran under

subsection (e) of Section paragraph 6-106 of this Code Chapter

who was discharged or separated under honorable conditions.

(f) The Secretary of State shall inform all Illinois

licensed commercial motor vehicle operators of the

requirements of the Uniform Commercial Driver License Act,

Article V of this Chapter, and shall make provisions to insure

that all drivers, seeking to obtain a commercial driver's

license, be afforded an opportunity prior to April 1, 1992, to

obtain the license. The Secretary is authorized to extend

driver's license expiration dates, and assign specific times,

dates and locations where these commercial driver's tests shall

be conducted. Any applicant, regardless of the current

expiration date of the applicant's driver's license, may be

subject to any assignment by the Secretary. Failure to comply

with the Secretary's assignment may result in the applicant's

forfeiture of an opportunity to receive a commercial driver's

license prior to April 1, 1992.

(g) The Secretary of State shall designate on a driver's

license issued, a space where the licensee may indicate that he

or she has drafted a living will in accordance with the

Illinois Living Will Act or a durable power of attorney for

health care in accordance with the Illinois Power of Attorney

Act.

(g-1) The Secretary of State, in his or her discretion, may

designate on each driver's license issued a space where the

licensee may place a sticker or decal, issued by the Secretary

of State, of uniform size as the Secretary may specify, that

shall indicate in appropriate language that the owner of the

license has renewed his or her driver's license.

(h) A person who acts in good faith in accordance with the

terms of this Section is not liable for damages in any civil

action or subject to prosecution in any criminal proceeding for

his or her act.

(Source: P.A. 96-607, eff. 8-24-09; 96-1231, eff. 7-23-10;

97-263, eff. 8-5-11; 97-739, eff. 1-1-13; 97-847, eff. 1-1-13;

97-1127, eff. 1-1-13; revised 8-3-12.)