Bill Text: IL SB2837 | 2011-2012 | 97th General Assembly | Enrolled
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the Illinois Identification Card Act and Illinois Vehicle Code to provide that: the Secretary of State must inquire as to whether an applicant for a State identification card or driver's license is a veteran for purposes of issuing a State identification card or driver's license with a veteran designation; the Secretary shall determine by rule what forms of proof of a person's status as a veteran are acceptable; and the Secretary may disclose an individual's social security number or associated information to the Illinois Department of Veterans' Affairs for the purpose of confirming veteran status. Defines "veteran" and other terms. Effective January 1, 2013.
Spectrum: Slight Partisan Bill (Republican 28-17)
Status: (Passed) 2012-07-05 - Public Act . . . . . . . . . 97-0739 [SB2837 Detail]
Download: Illinois-2011-SB2837-Enrolled.html
Bill Title: Amends the Illinois Identification Card Act and Illinois Vehicle Code to provide that: the Secretary of State must inquire as to whether an applicant for a State identification card or driver's license is a veteran for purposes of issuing a State identification card or driver's license with a veteran designation; the Secretary shall determine by rule what forms of proof of a person's status as a veteran are acceptable; and the Secretary may disclose an individual's social security number or associated information to the Illinois Department of Veterans' Affairs for the purpose of confirming veteran status. Defines "veteran" and other terms. Effective January 1, 2013.
Spectrum: Slight Partisan Bill (Republican 28-17)
Status: (Passed) 2012-07-05 - Public Act . . . . . . . . . 97-0739 [SB2837 Detail]
Download: Illinois-2011-SB2837-Enrolled.html
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1 | AN ACT concerning the Secretary of State.
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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, 5, and 11 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
| ||||||
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
| ||||||
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 | (b) The Secretary of State shall issue a special Illinois
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20 | Identification Card, which shall be known as an Illinois | ||||||
21 | Disabled Person
Identification Card, to any natural person who | ||||||
22 | is a resident of the State
of Illinois, who is a disabled | ||||||
23 | person as defined in Section 4A of this Act,
who applies for | ||||||
24 | such card, or renewal thereof. No Disabled Person | ||||||
25 | Identification Card shall be issued to any person who
holds a | ||||||
26 | valid
foreign state identification card, license, or permit |
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1 | unless the person first
surrenders to the
Secretary of State | ||||||
2 | the valid foreign state identification card, license, or
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3 | permit. The Secretary of State
shall charge no fee to issue | ||||||
4 | such card. The card shall be prepared and
supplied by the | ||||||
5 | Secretary of State, and shall include a photograph and | ||||||
6 | signature or mark of the
applicant, a designation indicating | ||||||
7 | that the card is an Illinois Disabled
Person Identification | ||||||
8 | Card, and shall include a comprehensible designation
of the | ||||||
9 | type and classification of the applicant's disability as set | ||||||
10 | out in
Section 4A of this Act. However, the Secretary of State | ||||||
11 | may provide by rule for the issuance of Illinois Disabled | ||||||
12 | Person Identification Cards without photographs if the | ||||||
13 | applicant has a bona fide religious objection to being | ||||||
14 | photographed or to the display of his or her photograph. If the | ||||||
15 | applicant so requests, the card shall
include a description of | ||||||
16 | the applicant's disability and any information
about the | ||||||
17 | applicant's disability or medical history which the Secretary
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18 | determines would be helpful to the applicant in securing | ||||||
19 | emergency medical
care. If a mark is used in lieu of a | ||||||
20 | signature, such mark
shall be affixed to the card in the | ||||||
21 | presence of two witnesses who attest to
the authenticity of the | ||||||
22 | mark. The Illinois
Disabled Person Identification Card may be | ||||||
23 | used for identification purposes
in any lawful situation by the | ||||||
24 | person to whom it was issued.
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25 | The Illinois Disabled Person Identification Card may be | ||||||
26 | used as adequate
documentation of disability in lieu of a |
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1 | physician's determination of
disability, a determination of | ||||||
2 | disability from a physician assistant who has
been delegated | ||||||
3 | the authority to make this determination by his or her
| ||||||
4 | supervising physician, a determination of disability from an | ||||||
5 | advanced practice
nurse who has a written collaborative | ||||||
6 | agreement with a collaborating physician
that
authorizes the | ||||||
7 | advanced practice nurse to make this determination, or any
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8 | other documentation
of disability whenever
any
State law
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9 | requires that a disabled person provide such documentation of | ||||||
10 | disability,
however an Illinois Disabled Person Identification | ||||||
11 | Card shall not qualify
the cardholder to participate in any | ||||||
12 | program or to receive any benefit
which is not available to all | ||||||
13 | persons with like disabilities.
Notwithstanding any other | ||||||
14 | provisions of law, an Illinois Disabled Person
Identification | ||||||
15 | Card, or evidence that the Secretary of State has issued an
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16 | Illinois Disabled Person Identification Card, shall not be used | ||||||
17 | by any
person other than the person named on such card to prove | ||||||
18 | that the person
named on such card is a disabled person or for | ||||||
19 | any other purpose unless the
card is used for the benefit of | ||||||
20 | the person named on such card, and the
person named on such | ||||||
21 | card consents to such use at the time the card is so used.
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22 | An optometrist's determination of a visual disability | ||||||
23 | under Section 4A of this Act is acceptable as documentation for | ||||||
24 | the purpose of issuing an Illinois Disabled Person | ||||||
25 | Identification Card. | ||||||
26 | When medical information is contained on an Illinois |
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1 | Disabled Person
Identification Card, the Office of the | ||||||
2 | Secretary of State shall not be
liable for any actions taken | ||||||
3 | based upon that medical information.
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4 | (c) Beginning January 1, 1986, the Secretary of State shall | ||||||
5 | provide
that each original or renewal Illinois Identification | ||||||
6 | Card or Illinois
Disabled Person Identification Card issued to | ||||||
7 | a person under the age of 21,
shall be of a distinct nature | ||||||
8 | from those Illinois Identification Cards or
Illinois Disabled | ||||||
9 | Person Identification Cards issued to individuals 21
years of | ||||||
10 | age or older. The color designated for Illinois Identification
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11 | Cards or Illinois Disabled Person Identification Cards for | ||||||
12 | persons under
the age of 21 shall be at the discretion of the | ||||||
13 | Secretary of State.
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14 | (c-1) Beginning January 1, 2003, each original or renewal | ||||||
15 | Illinois
Identification Card or Illinois Disabled Person | ||||||
16 | Identification Card issued to
a person under the age of 21 | ||||||
17 | shall display the date upon which the person
becomes 18 years | ||||||
18 | of age and the date upon which the person becomes 21 years of
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19 | age. | ||||||
20 | (c-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 in | ||||||
25 | identifying these veterans and delivering these vital services | ||||||
26 | and benefits, the Secretary of State is authorized to issue |
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1 | Illinois Identification Cards and Illinois Disabled Person | ||||||
2 | Identification Cards with the word "veteran" appearing on the | ||||||
3 | face of the cards. This authorization is predicated on the | ||||||
4 | unique status of veterans. The Secretary may not issue any | ||||||
5 | other identification card which identifies an occupation, | ||||||
6 | status, affiliation, hobby, or other unique characteristics of | ||||||
7 | the identification card holder which is unrelated to the | ||||||
8 | purpose of the identification card.
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9 | (c-5) Beginning on or before July 1, 2015, the Secretary of | ||||||
10 | State shall designate a space on each original or renewal | ||||||
11 | identification card where, at the request of the applicant, the | ||||||
12 | word "veteran" shall be placed. The veteran designation shall | ||||||
13 | be available to a person identified as a veteran under | ||||||
14 | subsection (b) of Section 5 of this Act who was discharged or | ||||||
15 | separated under honorable conditions. | ||||||
16 | (d) The Secretary of State may issue a Senior Citizen
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17 | discount card, to any natural person who is a resident of the | ||||||
18 | State of
Illinois who is 60 years of age or older and who | ||||||
19 | applies for such a card or
renewal thereof. The Secretary of | ||||||
20 | State shall charge no fee to issue such
card. The card shall be | ||||||
21 | issued in every county and applications shall be
made available | ||||||
22 | at, but not limited to, nutrition sites, senior citizen
centers | ||||||
23 | and Area Agencies on Aging. The applicant, upon receipt of such
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24 | card and prior to its use for any purpose, shall have affixed | ||||||
25 | thereon in
the space provided therefor his signature or mark.
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26 | (e) The Secretary of State, in his or her discretion, may |
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1 | designate on each Illinois
Identification Card or Illinois | ||||||
2 | Disabled Person Identification Card a space where the card | ||||||
3 | holder may place a sticker or decal, issued by the Secretary of | ||||||
4 | State, of uniform size as the Secretary may specify, that shall | ||||||
5 | indicate in appropriate language that the card holder has | ||||||
6 | renewed his or her Illinois
Identification Card or Illinois | ||||||
7 | Disabled Person Identification Card. | ||||||
8 | (Source: P.A. 96-146, eff. 1-1-10; 96-328, eff. 8-11-09; | ||||||
9 | 96-1231, eff. 7-23-10; 97-371, eff. 1-1-12.)
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10 | (15 ILCS 335/5) (from Ch. 124, par. 25)
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11 | Sec. 5. Applications. | ||||||
12 | (a) Any natural person who is a resident of the
State of | ||||||
13 | Illinois, may file an application for an identification card or | ||||||
14 | for
the renewal thereof, in a manner prescribed by the | ||||||
15 | Secretary. Each original application
shall be completed by the | ||||||
16 | applicant in full and shall set forth the legal
name,
residence | ||||||
17 | address and zip code, social security number, birth date, sex | ||||||
18 | and
a brief
description of the applicant. The applicant shall | ||||||
19 | be photographed, unless the Secretary of State has provided by | ||||||
20 | rule for the issuance of identification cards without | ||||||
21 | photographs and the applicant is deemed eligible for an | ||||||
22 | identification card without a photograph under the terms and | ||||||
23 | conditions imposed by the Secretary of State, and he
or she | ||||||
24 | shall also submit any other information as the Secretary may | ||||||
25 | deem necessary
or such documentation as the Secretary may |
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1 | require to determine the
identity of the applicant. In addition | ||||||
2 | to the residence address, the Secretary may allow the applicant | ||||||
3 | to provide a mailing address. An applicant for a disabled | ||||||
4 | persons card must
also submit with each original or renewal | ||||||
5 | application, on forms prescribed
by the Secretary, such | ||||||
6 | documentation as the Secretary may require,
establishing that | ||||||
7 | the applicant is a "disabled person" as defined in
Section 4A | ||||||
8 | of this Act, and setting forth the applicant's type and class | ||||||
9 | of
disability as set forth in Section 4A of this Act.
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10 | (b) Beginning on or before July 1, 2015, for each original | ||||||
11 | or renewal identification card application under this Act, the | ||||||
12 | Secretary shall inquire as to whether the applicant is a | ||||||
13 | veteran for purposes of issuing an identification card with a | ||||||
14 | veteran designation under subsection (c-5) of Section 4 of this | ||||||
15 | Act. The acceptable forms of proof shall include, but are not | ||||||
16 | limited to, Department of Defense form DD-214. The Secretary | ||||||
17 | shall determine by rule what other forms of proof of a person's | ||||||
18 | status as a veteran are acceptable. | ||||||
19 | The Illinois Department of Veterans' Affairs shall confirm | ||||||
20 | the status of the applicant as an honorably discharged veteran | ||||||
21 | before the Secretary may issue the identification card. | ||||||
22 | For purposes of this subsection (b): | ||||||
23 | "Active duty" means active duty under an executive order of | ||||||
24 | the President of the United States, an Act of the Congress of | ||||||
25 | the United States, or an order of the Governor. | ||||||
26 | "Armed forces" means any of the Armed Forces of the United |
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1 | States, including a member of any reserve component or National | ||||||
2 | Guard unit called to active duty. | ||||||
3 | "Veteran" means a person who has served on active duty in | ||||||
4 | the armed forces and was discharged or separated under | ||||||
5 | honorable conditions. | ||||||
6 | (Source: P.A. 96-1231, eff. 7-23-10; 97-371, eff. 1-1-12.)
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7 | (15 ILCS 335/11) (from Ch. 124, par. 31)
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8 | Sec. 11. The Secretary may make a search of his records and | ||||||
9 | furnish
information as to whether a person has a current | ||||||
10 | Standard Illinois
Identification Card or an Illinois Disabled | ||||||
11 | Person Identification Card then on
file, upon receipt of a | ||||||
12 | written application therefor accompanied with the
prescribed | ||||||
13 | fee. However, the Secretary may not disclose medical
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14 | information concerning an individual to any person, public | ||||||
15 | agency, private
agency, corporation or governmental body | ||||||
16 | unless the individual has
submitted a written request for the | ||||||
17 | information or unless the individual
has given prior written | ||||||
18 | consent for the release of the information to a
specific person | ||||||
19 | or entity. This exception shall not apply to: (1) offices
and | ||||||
20 | employees of the Secretary who have a need to know the medical
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21 | information in performance of their official duties, or (2) | ||||||
22 | orders of a
court of competent jurisdiction. When medical | ||||||
23 | information is disclosed by
the Secretary in accordance with | ||||||
24 | the provisions of this Section, no
liability shall rest with | ||||||
25 | the Office of the Secretary of State as the
information is |
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1 | released for informational purposes only. | ||||||
2 | The Secretary may release personally identifying | ||||||
3 | information or highly restricted personal information only to: | ||||||
4 | (1) officers and employees of the Secretary who have a | ||||||
5 | need to know that information; | ||||||
6 | (2) other governmental agencies for use in their | ||||||
7 | official governmental functions; | ||||||
8 | (3) law enforcement agencies that need the information | ||||||
9 | for a criminal or civil investigation; or | ||||||
10 | (4) any entity that the Secretary has authorized, by | ||||||
11 | rule, to receive this information. | ||||||
12 | The Secretary may not disclose an individual's social | ||||||
13 | security number or any associated information obtained from the | ||||||
14 | Social Security Administration without the written request or | ||||||
15 | consent of the individual except: (i) to officers and employees | ||||||
16 | of the Secretary who have a need to know the social security | ||||||
17 | number in the performance of their official duties; (ii) to law | ||||||
18 | enforcement officials for a lawful civil or criminal law | ||||||
19 | enforcement investigation if the head of the law enforcement | ||||||
20 | agency has made a written request to the Secretary specifying | ||||||
21 | the law enforcement investigation for which the social security | ||||||
22 | number is being sought; or (iii) under a lawful court order | ||||||
23 | signed by a judge ; or (iv) to the Illinois Department of | ||||||
24 | Veterans' Affairs for the purpose of confirming veteran status .
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25 | (Source: P.A. 93-895, eff. 1-1-05.)
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1 | Section 10. The Illinois Vehicle Code is amended by | ||||||
2 | changing Sections 2-123, 6-106, and 6-110 as follows:
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3 | (625 ILCS 5/2-123) (from Ch. 95 1/2, par. 2-123)
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4 | Sec. 2-123. Sale and Distribution of Information.
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5 | (a) Except as otherwise provided in this Section, the | ||||||
6 | Secretary may make the
driver's license, vehicle and title | ||||||
7 | registration lists, in part or in whole,
and any statistical | ||||||
8 | information derived from these lists available to local
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9 | governments, elected state officials, state educational | ||||||
10 | institutions, and all
other governmental units of the State and | ||||||
11 | Federal
Government
requesting them for governmental purposes. | ||||||
12 | The Secretary shall require any such
applicant for services to | ||||||
13 | pay for the costs of furnishing such services and the
use of | ||||||
14 | the equipment involved, and in addition is empowered to | ||||||
15 | establish prices
and charges for the services so furnished and | ||||||
16 | for the use of the electronic
equipment utilized.
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17 | (b) The Secretary is further empowered to and he may, in | ||||||
18 | his discretion,
furnish to any applicant, other than listed in | ||||||
19 | subsection (a) of this Section,
vehicle or driver data on a | ||||||
20 | computer tape, disk, other electronic format or
computer | ||||||
21 | processable medium, or printout at a fixed fee of
$250 for | ||||||
22 | orders received before October 1, 2003 and $500 for orders | ||||||
23 | received
on or after October 1, 2003, in advance, and require | ||||||
24 | in addition a
further sufficient
deposit based upon the | ||||||
25 | Secretary of State's estimate of the total cost of the
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1 | information requested and a charge of $25 for orders received | ||||||
2 | before October
1, 2003 and $50 for orders received on or after | ||||||
3 | October 1, 2003, per 1,000
units or part
thereof identified or | ||||||
4 | the actual cost, whichever is greater. The Secretary is
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5 | authorized to refund any difference between the additional | ||||||
6 | deposit and the
actual cost of the request. This service shall | ||||||
7 | not be in lieu of an abstract
of a driver's record nor of a | ||||||
8 | title or registration search. This service may
be limited to | ||||||
9 | entities purchasing a minimum number of records as required by
| ||||||
10 | administrative rule. The information
sold pursuant to this | ||||||
11 | subsection shall be the entire vehicle or driver data
list, or | ||||||
12 | part thereof. The information sold pursuant to this subsection
| ||||||
13 | shall not contain personally identifying information unless | ||||||
14 | the information is
to be used for one of the purposes | ||||||
15 | identified in subsection (f-5) of this
Section. Commercial | ||||||
16 | purchasers of driver and vehicle record databases shall
enter | ||||||
17 | into a written agreement with the Secretary of State that | ||||||
18 | includes
disclosure of the commercial use of the information to | ||||||
19 | be purchased. | ||||||
20 | (b-1) The Secretary is further empowered to and may, in his | ||||||
21 | or her discretion, furnish vehicle or driver data on a computer | ||||||
22 | tape, disk, or other electronic format or computer processible | ||||||
23 | medium, at no fee, to any State or local governmental agency | ||||||
24 | that uses the information provided by the Secretary to transmit | ||||||
25 | data back to the Secretary that enables the Secretary to | ||||||
26 | maintain accurate driving records, including dispositions of |
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1 | traffic cases. This information may be provided without fee not | ||||||
2 | more often than once every 6 months.
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3 | (c) Secretary of State may issue registration lists. The | ||||||
4 | Secretary
of State may compile a list of all registered
| ||||||
5 | vehicles. Each list of registered vehicles shall be arranged | ||||||
6 | serially
according to the registration numbers assigned to | ||||||
7 | registered vehicles and
may contain in addition the names and | ||||||
8 | addresses of registered owners and
a brief description of each | ||||||
9 | vehicle including the serial or other
identifying number | ||||||
10 | thereof. Such compilation may be in such form as in the
| ||||||
11 | discretion of the Secretary of State may seem best for the | ||||||
12 | purposes intended.
| ||||||
13 | (d) The Secretary of State shall furnish no more than 2 | ||||||
14 | current available
lists of such registrations to the sheriffs | ||||||
15 | of all counties and to the chiefs
of police of all cities and | ||||||
16 | villages and towns of 2,000 population and over
in this State | ||||||
17 | at no cost. Additional copies may be purchased by the sheriffs
| ||||||
18 | or chiefs of police at the fee
of $500 each or at the cost of | ||||||
19 | producing the list as determined
by the Secretary of State. | ||||||
20 | Such lists are to be used for governmental
purposes only.
| ||||||
21 | (e) (Blank).
| ||||||
22 | (e-1) (Blank).
| ||||||
23 | (f) The Secretary of State shall make a title or | ||||||
24 | registration search of the
records of his office and a written | ||||||
25 | report on the same for any person, upon
written application of | ||||||
26 | such person, accompanied by a fee of $5 for
each registration |
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| |||||||
1 | or title search. The written application shall set forth
the | ||||||
2 | intended use of the requested information. No fee shall be | ||||||
3 | charged for a
title or
registration search, or for the | ||||||
4 | certification thereof requested by a government
agency. The | ||||||
5 | report of the title or registration search shall not contain
| ||||||
6 | personally identifying information unless the request for a | ||||||
7 | search was made for
one of the purposes identified in | ||||||
8 | subsection (f-5) of this Section. The report of the title or | ||||||
9 | registration search shall not contain highly
restricted | ||||||
10 | personal
information unless specifically authorized by this | ||||||
11 | Code.
| ||||||
12 | The Secretary of State shall certify a title or | ||||||
13 | registration record upon
written request. The fee for | ||||||
14 | certification shall be $5 in addition
to the fee required for a | ||||||
15 | title or registration search. Certification shall
be made under | ||||||
16 | the signature of the Secretary of State and shall be
| ||||||
17 | authenticated by Seal of the Secretary of State.
| ||||||
18 | The Secretary of State may notify the vehicle owner or | ||||||
19 | registrant of
the request for purchase of his title or | ||||||
20 | registration information as the
Secretary deems appropriate.
| ||||||
21 | No information shall be released to the requestor until | ||||||
22 | expiration of a
10 day period. This 10 day period shall not | ||||||
23 | apply to requests for
information made by law enforcement | ||||||
24 | officials, government agencies,
financial institutions, | ||||||
25 | attorneys, insurers, employers, automobile
associated | ||||||
26 | businesses, persons licensed as a private detective or firms
|
| |||||||
| |||||||
1 | licensed as a private detective agency under the Private | ||||||
2 | Detective, Private
Alarm, Private Security, Fingerprint | ||||||
3 | Vendor, and Locksmith Act of 2004, who are employed by or are
| ||||||
4 | acting on
behalf of law enforcement officials, government | ||||||
5 | agencies, financial
institutions, attorneys, insurers, | ||||||
6 | employers, automobile associated businesses,
and other | ||||||
7 | business entities for purposes consistent with the Illinois | ||||||
8 | Vehicle
Code, the vehicle owner or registrant or other entities | ||||||
9 | as the Secretary may
exempt by rule and regulation.
| ||||||
10 | Any misrepresentation made by a requestor of title or | ||||||
11 | vehicle information
shall be punishable as a petty offense, | ||||||
12 | except in the case of persons
licensed as a private detective | ||||||
13 | or firms licensed as a private detective agency
which shall be | ||||||
14 | subject to disciplinary sanctions under Section 40-10 of the
| ||||||
15 | Private Detective, Private Alarm, Private Security, | ||||||
16 | Fingerprint Vendor, and Locksmith Act of 2004.
| ||||||
17 | (f-5) The Secretary of State shall not disclose or | ||||||
18 | otherwise make
available to
any person or entity any personally | ||||||
19 | identifying information obtained by the
Secretary
of State in | ||||||
20 | connection with a driver's license, vehicle, or title | ||||||
21 | registration
record
unless the information is disclosed for one | ||||||
22 | of the following purposes:
| ||||||
23 | (1) For use by any government agency, including any | ||||||
24 | court or law
enforcement agency, in carrying out its | ||||||
25 | functions, or any private person or
entity acting on behalf | ||||||
26 | of a federal, State, or local agency in carrying out
its
|
| |||||||
| |||||||
1 | functions.
| ||||||
2 | (2) For use in connection with matters of motor vehicle | ||||||
3 | or driver safety
and theft; motor vehicle emissions; motor | ||||||
4 | vehicle product alterations, recalls,
or advisories; | ||||||
5 | performance monitoring of motor vehicles, motor vehicle | ||||||
6 | parts,
and dealers; and removal of non-owner records from | ||||||
7 | the original owner
records of motor vehicle manufacturers.
| ||||||
8 | (3) For use in the normal course of business by a | ||||||
9 | legitimate business or
its agents, employees, or | ||||||
10 | contractors, but only:
| ||||||
11 | (A) to verify the accuracy of personal information | ||||||
12 | submitted by
an individual to the business or its | ||||||
13 | agents, employees, or contractors;
and
| ||||||
14 | (B) if such information as so submitted is not | ||||||
15 | correct or is no
longer correct, to obtain the correct | ||||||
16 | information, but only for the
purposes of preventing | ||||||
17 | fraud by, pursuing legal remedies against, or
| ||||||
18 | recovering on a debt or security interest against, the | ||||||
19 | individual.
| ||||||
20 | (4) For use in research activities and for use in | ||||||
21 | producing statistical
reports, if the personally | ||||||
22 | identifying information is not published,
redisclosed, or | ||||||
23 | used to
contact individuals.
| ||||||
24 | (5) For use in connection with any civil, criminal, | ||||||
25 | administrative, or
arbitral proceeding in any federal, | ||||||
26 | State, or local court or agency or before
any
|
| |||||||
| |||||||
1 | self-regulatory body, including the service of process, | ||||||
2 | investigation in
anticipation of litigation, and the | ||||||
3 | execution or enforcement of judgments and
orders, or | ||||||
4 | pursuant to an order of a federal, State, or local court.
| ||||||
5 | (6) For use by any insurer or insurance support | ||||||
6 | organization or by a
self-insured entity or its agents, | ||||||
7 | employees, or contractors in connection with
claims | ||||||
8 | investigation activities, antifraud activities, rating, or | ||||||
9 | underwriting.
| ||||||
10 | (7) For use in providing notice to the owners of towed | ||||||
11 | or
impounded vehicles.
| ||||||
12 | (8) For use by any person licensed as a private | ||||||
13 | detective or firm licensed as a private
detective agency | ||||||
14 | under
the Private Detective, Private Alarm, Private | ||||||
15 | Security, Fingerprint Vendor, and Locksmith Act of
2004, | ||||||
16 | private investigative agency or security service
licensed | ||||||
17 | in Illinois for any purpose permitted under this | ||||||
18 | subsection.
| ||||||
19 | (9) For use by an employer or its agent or insurer to | ||||||
20 | obtain or verify
information relating to a holder of a | ||||||
21 | commercial driver's license that is
required under chapter | ||||||
22 | 313 of title 49 of the United States Code.
| ||||||
23 | (10) For use in connection with the operation of | ||||||
24 | private toll
transportation facilities.
| ||||||
25 | (11) For use by any requester, if the requester | ||||||
26 | demonstrates it has
obtained the written consent of the |
| |||||||
| |||||||
1 | individual to whom the information
pertains.
| ||||||
2 | (12) For use by members of the news media, as defined | ||||||
3 | in
Section 1-148.5, for the purpose of newsgathering when | ||||||
4 | the request relates to
the
operation of a motor vehicle or | ||||||
5 | public safety.
| ||||||
6 | (13) For any other use specifically authorized by law, | ||||||
7 | if that use is
related to the operation of a motor vehicle | ||||||
8 | or public safety. | ||||||
9 | (f-6) The Secretary of State shall not disclose or | ||||||
10 | otherwise make
available to any
person or entity any highly | ||||||
11 | restricted personal information obtained by the
Secretary of
| ||||||
12 | State in connection with a driver's license, vehicle, or
title | ||||||
13 | registration
record unless
specifically authorized by this | ||||||
14 | Code.
| ||||||
15 | (g) 1. The Secretary of State may, upon receipt of a | ||||||
16 | written request
and a fee of $6 before October 1, 2003 and | ||||||
17 | a fee of $12 on and after October
1, 2003, furnish to the | ||||||
18 | person or agency so requesting a
driver's record. Such | ||||||
19 | document may include a record of: current driver's
license | ||||||
20 | issuance information, except that the information on | ||||||
21 | judicial driving
permits shall be available only as | ||||||
22 | otherwise provided by this Code;
convictions; orders | ||||||
23 | entered revoking, suspending or cancelling a
driver's
| ||||||
24 | license or privilege; and notations of accident | ||||||
25 | involvement. All other
information, unless otherwise | ||||||
26 | permitted by
this Code, shall remain confidential. |
| |||||||
| |||||||
1 | Information released pursuant to a
request for a driver's | ||||||
2 | record shall not contain personally identifying
| ||||||
3 | information, unless the request for the driver's record was | ||||||
4 | made for one of the
purposes set forth in subsection (f-5) | ||||||
5 | of this Section. The Secretary of State may, without fee, | ||||||
6 | allow a parent or guardian of a person under the age of 18 | ||||||
7 | years, who holds an instruction permit or graduated | ||||||
8 | driver's license, to view that person's driving record | ||||||
9 | online, through a computer connection.
The parent or | ||||||
10 | guardian's online access to the driving record will | ||||||
11 | terminate when the instruction permit or graduated | ||||||
12 | driver's license holder reaches the age of 18.
| ||||||
13 | 2. The Secretary of State shall not disclose or | ||||||
14 | otherwise make available
to any
person or
entity any highly | ||||||
15 | restricted personal information obtained by the Secretary | ||||||
16 | of
State in
connection with a driver's license, vehicle, or | ||||||
17 | title
registration record
unless specifically
authorized | ||||||
18 | by this Code. The Secretary of State may certify an | ||||||
19 | abstract of a driver's record
upon written request | ||||||
20 | therefor. Such certification
shall be made under the | ||||||
21 | signature of the Secretary of State and shall be
| ||||||
22 | authenticated by the Seal of his office.
| ||||||
23 | 3. All requests for driving record information shall be | ||||||
24 | made in a manner
prescribed by the Secretary and shall set | ||||||
25 | forth the intended use of the
requested information.
| ||||||
26 | The Secretary of State may notify the affected driver |
| |||||||
| |||||||
1 | of the request
for purchase of his driver's record as the | ||||||
2 | Secretary deems appropriate.
| ||||||
3 | No information shall be released to the requester until | ||||||
4 | expiration of a
10 day period. This 10 day period shall not | ||||||
5 | apply to requests for information
made by law enforcement | ||||||
6 | officials, government agencies, financial institutions,
| ||||||
7 | attorneys, insurers, employers, automobile associated | ||||||
8 | businesses, persons
licensed as a private detective or | ||||||
9 | firms licensed as a private detective agency
under the | ||||||
10 | Private Detective, Private Alarm, Private Security, | ||||||
11 | Fingerprint Vendor, and Locksmith Act
of 2004,
who are | ||||||
12 | employed by or are acting on behalf of law enforcement | ||||||
13 | officials,
government agencies, financial institutions, | ||||||
14 | attorneys, insurers, employers,
automobile associated | ||||||
15 | businesses, and other business entities for purposes
| ||||||
16 | consistent with the Illinois Vehicle Code, the affected | ||||||
17 | driver or other
entities as the Secretary may exempt by | ||||||
18 | rule and regulation.
| ||||||
19 | Any misrepresentation made by a requestor of driver | ||||||
20 | information shall
be punishable as a petty offense, except | ||||||
21 | in the case of persons licensed as
a private detective or | ||||||
22 | firms licensed as a private detective agency which shall
be | ||||||
23 | subject to disciplinary sanctions under Section 40-10 of | ||||||
24 | the Private
Detective, Private Alarm, Private Security, | ||||||
25 | Fingerprint Vendor, and Locksmith Act of 2004.
| ||||||
26 | 4. The Secretary of State may furnish without fee, upon |
| |||||||
| |||||||
1 | the written
request of a law enforcement agency, any | ||||||
2 | information from a driver's
record on file with the | ||||||
3 | Secretary of State when such information is required
in the | ||||||
4 | enforcement of this Code or any other law relating to the | ||||||
5 | operation
of motor vehicles, including records of | ||||||
6 | dispositions; documented
information involving the use of | ||||||
7 | a motor vehicle; whether such individual
has, or previously | ||||||
8 | had, a driver's license; and the address and personal
| ||||||
9 | description as reflected on said driver's record.
| ||||||
10 | 5. Except as otherwise provided in this Section, the | ||||||
11 | Secretary of
State may furnish, without fee, information | ||||||
12 | from an individual driver's
record on file, if a written | ||||||
13 | request therefor is submitted
by any public transit system | ||||||
14 | or authority, public defender, law enforcement
agency, a | ||||||
15 | state or federal agency, or an Illinois local | ||||||
16 | intergovernmental
association, if the request is for the | ||||||
17 | purpose of a background check of
applicants for employment | ||||||
18 | with the requesting agency, or for the purpose of
an | ||||||
19 | official investigation conducted by the agency, or to | ||||||
20 | determine a
current address for the driver so public funds | ||||||
21 | can be recovered or paid to
the driver, or for any other | ||||||
22 | purpose set forth in subsection (f-5)
of this Section.
| ||||||
23 | The Secretary may also furnish the courts a copy of an | ||||||
24 | abstract of a
driver's record, without fee, subsequent to | ||||||
25 | an arrest for a violation of
Section 11-501 or a similar | ||||||
26 | provision of a local ordinance. Such abstract
may include |
| |||||||
| |||||||
1 | records of dispositions; documented information involving
| ||||||
2 | the use of a motor vehicle as contained in the current | ||||||
3 | file; whether such
individual has, or previously had, a | ||||||
4 | driver's license; and the address and
personal description | ||||||
5 | as reflected on said driver's record.
| ||||||
6 | 6. Any certified abstract issued by the Secretary of | ||||||
7 | State or
transmitted electronically by the Secretary of | ||||||
8 | State pursuant to this
Section,
to a court or on request of | ||||||
9 | a law enforcement agency, for the record of a
named person | ||||||
10 | as to the status of the person's driver's license shall be
| ||||||
11 | prima facie evidence of the facts therein stated and if the | ||||||
12 | name appearing
in such abstract is the same as that of a | ||||||
13 | person named in an information or
warrant, such abstract | ||||||
14 | shall be prima facie evidence that the person named
in such | ||||||
15 | information or warrant is the same person as the person | ||||||
16 | named in
such abstract and shall be admissible for any | ||||||
17 | prosecution under this Code and
be admitted as proof of any | ||||||
18 | prior conviction or proof of records, notices, or
orders | ||||||
19 | recorded on individual driving records maintained by the | ||||||
20 | Secretary of
State.
| ||||||
21 | 7. Subject to any restrictions contained in the | ||||||
22 | Juvenile Court Act of
1987, and upon receipt of a proper | ||||||
23 | request and a fee of $6 before October 1,
2003 and a fee of | ||||||
24 | $12 on or after October 1, 2003, the
Secretary of
State | ||||||
25 | shall provide a driver's record to the affected driver, or | ||||||
26 | the affected
driver's attorney, upon verification. Such |
| |||||||
| |||||||
1 | record shall contain all the
information referred to in | ||||||
2 | paragraph 1 of this subsection (g) plus: any
recorded | ||||||
3 | accident involvement as a driver; information recorded | ||||||
4 | pursuant to
subsection (e) of Section 6-117 and paragraph | ||||||
5 | (4) of subsection (a) of
Section 6-204 of this Code. All | ||||||
6 | other information, unless otherwise permitted
by this | ||||||
7 | Code, shall remain confidential.
| ||||||
8 | (h) The Secretary shall not disclose social security | ||||||
9 | numbers or any associated information obtained from the Social | ||||||
10 | Security Administration except pursuant
to a written request | ||||||
11 | by, or with the prior written consent of, the
individual | ||||||
12 | except: (1) to officers and employees of the Secretary
who
have | ||||||
13 | a need to know the social security numbers in performance of | ||||||
14 | their
official duties, (2) to law enforcement officials for a | ||||||
15 | lawful, civil or
criminal law enforcement investigation, and if | ||||||
16 | the head of the law enforcement
agency has made a written | ||||||
17 | request to the Secretary specifying the law
enforcement | ||||||
18 | investigation for which the social security numbers are being
| ||||||
19 | sought, (3) to the United States Department of Transportation, | ||||||
20 | or any other
State, pursuant to the administration and | ||||||
21 | enforcement of the Commercial
Motor Vehicle Safety Act of 1986, | ||||||
22 | (4) pursuant to the order of a court
of competent jurisdiction, | ||||||
23 | (5) to the Department of Healthcare and Family Services | ||||||
24 | (formerly Department of Public Aid) for
utilization
in the | ||||||
25 | child support enforcement duties assigned to that Department | ||||||
26 | under
provisions of the Illinois Public Aid Code after the |
| |||||||
| |||||||
1 | individual has received advanced
meaningful notification of | ||||||
2 | what redisclosure is sought by the Secretary in
accordance with | ||||||
3 | the federal Privacy Act, (5.5) to the Department of Healthcare | ||||||
4 | and Family Services and the Department of Human Services solely | ||||||
5 | for the purpose of verifying Illinois residency where such | ||||||
6 | residency is an eligibility requirement for benefits under the | ||||||
7 | Illinois Public Aid Code or any other health benefit program | ||||||
8 | administered by the Department of Healthcare and Family | ||||||
9 | Services or the Department of Human Services, or (6) to the | ||||||
10 | Illinois Department of Revenue solely for use by the Department | ||||||
11 | in the collection of any tax or debt that the Department of | ||||||
12 | Revenue is authorized or required by law to collect, provided | ||||||
13 | that the Department shall not disclose the social security | ||||||
14 | number to any person or entity outside of the Department , or | ||||||
15 | (7) to the Illinois Department of Veterans' Affairs for the | ||||||
16 | purpose of confirming veteran status .
| ||||||
17 | (i) (Blank).
| ||||||
18 | (j) Medical statements or medical reports received in the | ||||||
19 | Secretary of
State's Office shall be confidential. Except as | ||||||
20 | provided in this Section, no confidential information may be
| ||||||
21 | open to public inspection or the contents disclosed to anyone, | ||||||
22 | except
officers and employees of the Secretary who have a need | ||||||
23 | to know the information
contained in the medical reports and | ||||||
24 | the Driver License Medical Advisory
Board, unless so directed | ||||||
25 | by an order of a court of competent jurisdiction. If the | ||||||
26 | Secretary receives a medical report regarding a driver that |
| |||||||
| |||||||
1 | does not address a medical condition contained in a previous | ||||||
2 | medical report, the Secretary may disclose the unaddressed | ||||||
3 | medical condition to the driver or his or her physician, or | ||||||
4 | both, solely for the purpose of submission of a medical report | ||||||
5 | that addresses the condition.
| ||||||
6 | (k) All fees collected under this Section shall be paid | ||||||
7 | into the Road
Fund of the State Treasury, except that (i) for | ||||||
8 | fees collected before October
1, 2003, $3 of the $6 fee for a
| ||||||
9 | driver's record shall be paid into the Secretary of State | ||||||
10 | Special Services
Fund, (ii) for fees collected on and after | ||||||
11 | October 1, 2003, of the $12 fee
for a driver's record, $3 shall | ||||||
12 | be paid into the Secretary of State Special
Services Fund and | ||||||
13 | $6 shall be paid into the General Revenue Fund, and (iii) for
| ||||||
14 | fees collected on and after October 1, 2003, 50% of the amounts | ||||||
15 | collected
pursuant to subsection (b) shall be paid into the | ||||||
16 | General Revenue Fund.
| ||||||
17 | (l) (Blank).
| ||||||
18 | (m) Notations of accident involvement that may be disclosed | ||||||
19 | under this
Section shall not include notations relating to | ||||||
20 | damage to a vehicle or other
property being transported by a | ||||||
21 | tow truck. This information shall remain
confidential, | ||||||
22 | provided that nothing in this subsection (m) shall limit
| ||||||
23 | disclosure of any notification of accident involvement to any | ||||||
24 | law enforcement
agency or official.
| ||||||
25 | (n) Requests made by the news media for driver's license, | ||||||
26 | vehicle, or
title registration information may be furnished |
| |||||||
| |||||||
1 | without charge or at a reduced
charge, as determined by the | ||||||
2 | Secretary, when the specific purpose for
requesting the | ||||||
3 | documents is deemed to be in the public interest. Waiver or
| ||||||
4 | reduction of the fee is in the public interest if the principal | ||||||
5 | purpose of the
request is to access and disseminate information | ||||||
6 | regarding the health, safety,
and welfare or the legal rights | ||||||
7 | of the general public and is not for the
principal purpose of | ||||||
8 | gaining a personal or commercial benefit.
The information | ||||||
9 | provided pursuant to this subsection shall not contain
| ||||||
10 | personally identifying information unless the information is | ||||||
11 | to be used for one
of the
purposes identified in subsection | ||||||
12 | (f-5) of this Section.
| ||||||
13 | (o) The redisclosure of personally identifying information
| ||||||
14 | obtained
pursuant
to this Section is prohibited, except to the | ||||||
15 | extent necessary to effectuate the
purpose
for which the | ||||||
16 | original disclosure of the information was permitted.
| ||||||
17 | (p) The Secretary of State is empowered to adopt rules
to
| ||||||
18 | effectuate this Section.
| ||||||
19 | (Source: P.A. 96-1383, eff. 1-1-11; 96-1501, eff. 1-25-11; | ||||||
20 | 97-229, eff. 7-28-11.)
| ||||||
21 | (625 ILCS 5/6-106) (from Ch. 95 1/2, par. 6-106)
| ||||||
22 | Sec. 6-106. Application for license or instruction permit.
| ||||||
23 | (a) Every application for any permit or license authorized | ||||||
24 | to be issued
under this Act shall be made upon a form furnished | ||||||
25 | by the Secretary of
State. Every application shall be |
| |||||||
| |||||||
1 | accompanied by the proper fee and payment
of such fee shall | ||||||
2 | entitle the applicant to not more than 3 attempts to pass
the | ||||||
3 | examination within a period of 1 year after the date of | ||||||
4 | application.
| ||||||
5 | (b) Every application shall state the legal name, social | ||||||
6 | security
number, zip
code, date of birth, sex, and residence | ||||||
7 | address of the applicant; briefly
describe the applicant; state | ||||||
8 | whether the applicant has theretofore been
licensed as a | ||||||
9 | driver, and, if so, when and by what state or country, and
| ||||||
10 | whether any such license has ever been cancelled, suspended, | ||||||
11 | revoked or
refused, and, if so, the date and reason for such | ||||||
12 | cancellation, suspension,
revocation or refusal; shall include | ||||||
13 | an affirmation by the applicant that
all information set forth | ||||||
14 | is true and correct; and shall bear the
applicant's signature. | ||||||
15 | In addition to the residence address, the Secretary may allow | ||||||
16 | the applicant to provide a mailing address. The application | ||||||
17 | form may
also require the statement of such additional relevant | ||||||
18 | information as the
Secretary of State shall deem necessary to | ||||||
19 | determine the applicant's
competency and eligibility. The | ||||||
20 | Secretary of State may, in his
discretion, by rule or | ||||||
21 | regulation, provide that an application for a
drivers license | ||||||
22 | or permit may include a suitable photograph of the
applicant in | ||||||
23 | the
form prescribed by the Secretary, and he may further | ||||||
24 | provide that each
drivers license shall include a photograph of | ||||||
25 | the driver. The Secretary of
State may utilize a photograph | ||||||
26 | process or system most suitable to deter
alteration or improper |
| |||||||
| |||||||
1 | reproduction of a drivers license and to prevent
substitution | ||||||
2 | of another photo thereon.
| ||||||
3 | (c) The application form shall include a notice to the | ||||||
4 | applicant of the
registration obligations of sex offenders | ||||||
5 | under the Sex Offender Registration
Act. The notice shall be | ||||||
6 | provided in a form and manner prescribed by the
Secretary of | ||||||
7 | State. For purposes of this subsection (c), "sex offender" has
| ||||||
8 | the meaning ascribed to it in Section 2 of the Sex Offender | ||||||
9 | Registration Act.
| ||||||
10 | (d) Any male United States citizen or immigrant who applies | ||||||
11 | for any
permit or
license authorized to be issued under this | ||||||
12 | Act or for a renewal of any permit
or
license,
and who is at | ||||||
13 | least 18 years of age but less than 26 years of age, must be
| ||||||
14 | registered in compliance with the requirements of the federal | ||||||
15 | Military
Selective
Service Act.
The Secretary of State must | ||||||
16 | forward in an electronic format the necessary
personal | ||||||
17 | information regarding the applicants identified in this | ||||||
18 | subsection (d)
to
the Selective Service System. The applicant's | ||||||
19 | signature on the application
serves
as an indication that the | ||||||
20 | applicant either has already registered with the
Selective
| ||||||
21 | Service System or that he is authorizing the Secretary to | ||||||
22 | forward to the
Selective
Service System the necessary | ||||||
23 | information for registration. The Secretary must
notify the | ||||||
24 | applicant at the time of application that his signature | ||||||
25 | constitutes
consent to registration with the Selective Service | ||||||
26 | System, if he is not already
registered.
|
| |||||||
| |||||||
1 | (e) Beginning on or before July 1, 2015, for each original | ||||||
2 | or renewal driver's license application under this Act, the | ||||||
3 | Secretary shall inquire as to whether the applicant is a | ||||||
4 | veteran for purposes of issuing a driver's license with a | ||||||
5 | veteran designation under subsection (e-5) of Section 6-110 of | ||||||
6 | this Chapter. The acceptable forms of proof shall include, but | ||||||
7 | are not limited to, Department of Defense form DD-214. The | ||||||
8 | Secretary shall determine by rule what other forms of proof of | ||||||
9 | a person's status as a veteran are acceptable. | ||||||
10 | The Illinois Department of Veterans' Affairs shall confirm | ||||||
11 | the status of the applicant as an honorably discharged veteran | ||||||
12 | before the Secretary may issue the driver's license. | ||||||
13 | For purposes of this subsection (e): | ||||||
14 | "Active duty" means active duty under an executive order of | ||||||
15 | the President of the United States, an Act of the Congress of | ||||||
16 | the United States, or an order of the Governor. | ||||||
17 | "Armed forces" means any of the Armed Forces of the United | ||||||
18 | States, including a member of any reserve component or National | ||||||
19 | Guard unit called to active duty. | ||||||
20 | "Veteran" means a person who has served on active duty in | ||||||
21 | the armed forces and was discharged or separated under | ||||||
22 | honorable conditions. | ||||||
23 | (Source: P.A. 96-1231, eff. 7-23-10; 97-263, eff. 8-5-11.)
| ||||||
24 | (625 ILCS 5/6-110) (from Ch. 95 1/2, par. 6-110)
| ||||||
25 | Sec. 6-110. Licenses issued to drivers.
|
| |||||||
| |||||||
1 | (a) The Secretary of State shall issue to every qualifying | ||||||
2 | applicant a
driver's license as applied for, which license | ||||||
3 | shall bear a
distinguishing
number assigned to the licensee, | ||||||
4 | the legal name,
signature, zip
code, date of birth, residence | ||||||
5 | address, and a brief description of the
licensee.
| ||||||
6 | Licenses issued shall also indicate the classification and
| ||||||
7 | the restrictions under Section 6-104 of this Code.
| ||||||
8 | A driver's license issued may, in the discretion of the | ||||||
9 | Secretary,
include a suitable photograph of a type prescribed | ||||||
10 | by the Secretary.
| ||||||
11 | (a-1) If the licensee is less than 18 years of age, unless | ||||||
12 | one of the exceptions in subsection (a-2) apply, the license | ||||||
13 | shall, as a matter of law, be invalid for the operation of any | ||||||
14 | motor vehicle during the following times: | ||||||
15 | (A) Between 11:00 p.m. Friday and 6:00 a.m. Saturday; | ||||||
16 | (B) Between 11:00 p.m. Saturday and 6:00 a.m. on | ||||||
17 | Sunday; and | ||||||
18 | (C) Between 10:00 p.m. on Sunday to Thursday, | ||||||
19 | inclusive, and 6:00 a.m. on the following day. | ||||||
20 | (a-2) The driver's license of a person under the age of 18 | ||||||
21 | shall not be invalid as described in subsection (a-1) of this | ||||||
22 | Section if the licensee under the age of 18 was: | ||||||
23 | (1) accompanied by the licensee's parent or guardian or | ||||||
24 | other person in custody or control of the minor; | ||||||
25 | (2) on an errand at the direction of the minor's parent | ||||||
26 | or guardian, without any detour or stop; |
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1 | (3) in a motor vehicle involved in interstate travel; | ||||||
2 | (4) going to or returning home from an employment | ||||||
3 | activity, without any detour or stop; | ||||||
4 | (5) involved in an emergency; | ||||||
5 | (6) going to or returning home from, without any detour | ||||||
6 | or stop, an official school, religious, or other | ||||||
7 | recreational activity supervised by adults and sponsored | ||||||
8 | by a government or governmental agency, a civic | ||||||
9 | organization, or another similar entity that takes | ||||||
10 | responsibility for the licensee, without any detour or | ||||||
11 | stop; | ||||||
12 | (7) exercising First Amendment rights protected by the | ||||||
13 | United States Constitution, such as the free exercise of | ||||||
14 | religion, freedom of speech, and the right of assembly; or | ||||||
15 | (8) married or had been married or is an emancipated | ||||||
16 | minor under the Emancipation of Minors Act. | ||||||
17 | (a-2.5) The driver's license of a person who is 17 years of | ||||||
18 | age and has been licensed for at least 12 months is not invalid | ||||||
19 | as described in subsection (a-1) of this Section while the | ||||||
20 | licensee is participating as an assigned driver in a Safe Rides | ||||||
21 | program that meets the following criteria: | ||||||
22 | (1) the program is sponsored by the Boy Scouts of | ||||||
23 | America or another national public service organization; | ||||||
24 | and | ||||||
25 | (2) the sponsoring organization carries liability | ||||||
26 | insurance covering the program. |
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1 | (a-3) If a graduated driver's license holder over the age | ||||||
2 | of 18 committed an offense against traffic regulations | ||||||
3 | governing the movement of vehicles or any violation of Section | ||||||
4 | 6-107 or Section 12-603.1 of this Code in the 6 months prior to | ||||||
5 | the graduated driver's license holder's 18th birthday, and was | ||||||
6 | subsequently convicted of the offense, the provisions of | ||||||
7 | subsection (a-1) shall continue to apply until such time as a | ||||||
8 | period of 6 consecutive months has elapsed without an | ||||||
9 | additional violation and subsequent conviction of an offense | ||||||
10 | against traffic regulations governing the movement of vehicles | ||||||
11 | or Section 6-107 or Section 12-603.1 of this Code.
| ||||||
12 | (a-4) If an applicant for a driver's license or instruction | ||||||
13 | permit has a current identification card 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. | ||||||
19 | (b) Until the Secretary of State establishes a First Person | ||||||
20 | Consent organ and tissue donor registry under Section 6-117 of | ||||||
21 | this Code, the Secretary of State shall provide a format on the | ||||||
22 | reverse of
each driver's license issued which the licensee may | ||||||
23 | use to execute a document
of gift conforming to the provisions | ||||||
24 | of the Illinois Anatomical Gift Act.
The format shall allow the | ||||||
25 | licensee to indicate the gift intended, whether
specific | ||||||
26 | organs, any organ, or the entire body, and shall accommodate |
| |||||||
| |||||||
1 | the
signatures of the donor and 2 witnesses. The Secretary | ||||||
2 | shall also inform
each applicant or licensee of this format, | ||||||
3 | describe the procedure for its
execution, and may offer the | ||||||
4 | necessary witnesses; provided that in so doing,
the Secretary | ||||||
5 | shall advise the applicant or licensee that he or she is
under | ||||||
6 | no compulsion to execute a document of gift. A brochure
| ||||||
7 | explaining this method of executing an anatomical gift document | ||||||
8 | shall be given
to each applicant or licensee. The brochure | ||||||
9 | shall advise the applicant or
licensee that he or she is under | ||||||
10 | no compulsion to execute a document of
gift, and that he or she | ||||||
11 | may wish to consult with family, friends or clergy
before doing | ||||||
12 | so. The Secretary of State may undertake additional efforts,
| ||||||
13 | including education and awareness activities, to promote organ | ||||||
14 | and tissue
donation.
| ||||||
15 | (c) The Secretary of State shall designate on each driver's | ||||||
16 | license issued
a space where the licensee may place a sticker | ||||||
17 | or decal of the uniform
size as the Secretary may specify, | ||||||
18 | which sticker or decal may indicate in
appropriate language | ||||||
19 | that the owner of the license carries an Emergency
Medical | ||||||
20 | Information Card.
| ||||||
21 | The sticker may be provided by any person, hospital, | ||||||
22 | school,
medical group, or association interested in assisting | ||||||
23 | in implementing
the Emergency Medical Information Card, but | ||||||
24 | shall meet the specifications
as the Secretary may by rule or | ||||||
25 | regulation require.
| ||||||
26 | (d) The Secretary of State shall designate on each driver's |
| |||||||
| |||||||
1 | license issued
a space where the licensee may indicate his | ||||||
2 | blood type and RH factor.
| ||||||
3 | (e) The Secretary of State shall provide
that each original | ||||||
4 | or renewal driver's license issued to a licensee under
21 years | ||||||
5 | of age shall be of a distinct nature from those driver's | ||||||
6 | licenses
issued to individuals 21 years of age and older. The | ||||||
7 | color designated for
driver's licenses for licensees under 21 | ||||||
8 | years of age shall be at the
discretion of the Secretary of | ||||||
9 | State.
| ||||||
10 | (e-1) The Secretary shall provide that each driver's | ||||||
11 | license issued to a
person under the age of 21 displays the | ||||||
12 | date upon which the person becomes 18
years of age and the date | ||||||
13 | upon which the person becomes 21 years of age.
| ||||||
14 | (e-3) The General Assembly recognizes the need to identify | ||||||
15 | military veterans living in this State for the purpose of | ||||||
16 | ensuring that they receive all of the services and benefits to | ||||||
17 | which they are legally entitled, including healthcare, | ||||||
18 | education assistance, and job placement. To assist the State in | ||||||
19 | identifying these veterans and delivering these vital services | ||||||
20 | and benefits, the Secretary of State is authorized to issue | ||||||
21 | drivers' licenses with the word "veteran" appearing on the face | ||||||
22 | of the licenses. This authorization is predicated on the unique | ||||||
23 | status of veterans. The Secretary may not issue any other | ||||||
24 | driver's license which identifies an occupation, status, | ||||||
25 | affiliation, hobby, or other unique characteristics of the | ||||||
26 | license holder which is unrelated to the purpose of the |
| |||||||
| |||||||
1 | driver's license. | ||||||
2 | (e-5) Beginning on or before July 1, 2015, the Secretary of | ||||||
3 | State shall designate a space on each original or renewal | ||||||
4 | driver's license where, at the request of the applicant, the | ||||||
5 | word "veteran" shall be placed. The veteran designation shall | ||||||
6 | be available to a person identified as a veteran under | ||||||
7 | subsection (e) of paragraph 6-106 of this Chapter who was | ||||||
8 | discharged or separated under honorable conditions. | ||||||
9 | (f) The Secretary of State shall inform all Illinois | ||||||
10 | licensed
commercial motor vehicle operators of the | ||||||
11 | requirements of the Uniform
Commercial Driver License Act, | ||||||
12 | Article V of this Chapter, and shall make
provisions to insure | ||||||
13 | that all drivers, seeking to obtain a commercial
driver's | ||||||
14 | license, be afforded an opportunity prior to April 1, 1992, to
| ||||||
15 | obtain the license. The Secretary is authorized to extend
| ||||||
16 | driver's license expiration dates, and assign specific times, | ||||||
17 | dates and
locations where these commercial driver's tests shall | ||||||
18 | be conducted. Any
applicant, regardless of the current | ||||||
19 | expiration date of the applicant's
driver's license, may be | ||||||
20 | subject to any assignment by the Secretary.
Failure to comply | ||||||
21 | with the Secretary's assignment may result in the
applicant's | ||||||
22 | forfeiture of an opportunity to receive a commercial driver's
| ||||||
23 | license prior to April 1, 1992.
| ||||||
24 | (g) The Secretary of State shall designate on a
driver's | ||||||
25 | license issued, a space where the licensee may indicate that he | ||||||
26 | or
she has drafted a living will in accordance with the |
| |||||||
| |||||||
1 | Illinois Living Will
Act or a durable power of attorney for | ||||||
2 | health care in accordance with the
Illinois Power of Attorney | ||||||
3 | Act.
| ||||||
4 | (g-1) The Secretary of State, in his or her discretion, may | ||||||
5 | designate on
each driver's license issued a space where the | ||||||
6 | licensee may place a sticker or
decal, issued by the Secretary | ||||||
7 | of State, of uniform size as the Secretary may
specify, that | ||||||
8 | shall indicate in appropriate language that the owner of the
| ||||||
9 | license has renewed his or her driver's license.
| ||||||
10 | (h) A person who acts in good faith in accordance with the | ||||||
11 | terms of
this Section is not liable for damages in any civil | ||||||
12 | action or subject to
prosecution in any criminal proceeding for | ||||||
13 | his or her act.
| ||||||
14 | (Source: P.A. 96-607, eff. 8-24-09; 96-1231, eff. 7-23-10; | ||||||
15 | 97-263, eff. 8-5-11.)
| ||||||
16 | Section 99. Effective date. This Act takes effect January | ||||||
17 | 1, 2013.
|