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Public Act 099-0511
Public Act 0511 99TH GENERAL ASSEMBLY
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Public Act 099-0511
| | SB0637 Enrolled | LRB099 03345 RJF 23353 b |
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| AN ACT concerning transportation.
| 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 2, 5, and 8 as follows:
| (15 ILCS 335/2) (from Ch. 124, par. 22)
| Sec. 2. Administration and powers and duties of the | Administrator. | (a) The Secretary of State is the Administrator of this | Act, and he is
charged with the duty of observing, | administering and enforcing the
provisions of this Act.
| (b) The Secretary is vested with the powers and duties for | the
proper administration of this Act as follows:
| 1. He shall organize the administration of this Act as | he may deem
necessary and appoint such subordinate | officers, clerks and other
employees as may be necessary.
| 2. From time to time, he may make, amend or rescind | rules and
regulations as may be in the public interest to | implement the Act.
| 3. He may prescribe or provide suitable forms as | necessary, including
such forms as are necessary to | establish that an applicant for an Illinois
Person with a | Disability Identification Card is a "person with a |
| disability" as defined in
Section 4A of this Act, and | establish that an applicant for a State identification card | is a "homeless person" as defined in Section 1A of this | Act.
| 4. He may prepare under the seal of the Secretary of | State certified
copies of any records utilized under this | Act and any such certified
copy shall be admissible in any | proceeding in any court in like manner
as the original | thereof.
| 5. Records compiled under this Act shall be maintained | for 6 years,
but the Secretary may destroy such records | with the prior approval of
the State Records Commission.
| 6. He shall examine and determine the genuineness, | regularity and
legality of every application filed with him | under this Act, and he may
in all cases investigate the | same, require additional information or
proof or | documentation from any applicant.
| 7. He shall require the payment of all fees prescribed | in this Act,
and all such fees received by him shall be | placed in the Road Fund of the
State treasury except as | otherwise provided in Section 12 of this Act. Whenever any | application to the Secretary for an identification card | under this Act is accompanied by any fee, as required by | law, and the application is denied after a review of | eligibility, which may include facial recognition | comparison, the applicant shall not be entitled to a refund |
| of any fees paid.
| 8. Beginning July 1, 2017, he shall refuse to issue any | identification card under this Act to any person who has | been issued a driver's license under the Illinois Vehicle | Code. Any such person may, at his or her discretion, | surrender the driver's license in order to become eligible | to obtain an identification card. | (Source: P.A. 99-143, eff. 7-27-15; 99-305, eff. 1-1-16; | revised 10-14-15.)
| (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. | (c) Beginning July 1, 2017, all applicants for standard | Illinois Identification Cards and Illinois Person with a | Disability Identification Cards shall provide proof of lawful | status in the United States as defined in 6 CFR 37.3, as | amended. Applicants who are unable to provide the Secretary | with proof of lawful status are ineligible for identification | cards under this Act. | (Source: P.A. 97-371, eff. 1-1-12; 97-739, eff. 1-1-13; 97-847, | eff. 1-1-13; 97-1064, eff. 1-1-13; 98-323, eff. 1-1-14; 98-463, | eff. 8-16-13.)
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| (15 ILCS 335/8) (from Ch. 124, par. 28)
| Sec. 8. Expiration.
| (a) Except as otherwise provided in this Section: | (1) Every identification card issued hereunder,
except | to persons who have reached their 15th birthday, but are | not yet 21
years of age, persons who are 65 years of age or | older, and persons who are
issued an Illinois Person with a | Disability Identification Card, shall
expire 5 years from | the ensuing birthday of the
applicant and a renewal
shall | expire 5 years thereafter. | (2) Every original or renewal identification
card | issued to a person who has reached his or her 15th | birthday, but is
not yet
21 years of age shall expire 3 | months after the person's 21st birthday.
| (b) Except as provided elsewhere in this Section, every | Every original, renewal, or duplicate: (i) identification card | issued prior to July 1, 2017,
to a
person who has reached his | or her 65th birthday shall be permanent and need
not be | renewed; (ii) identification card issued on or after July 1, | 2017, to a person who has reached his or her 65th birthday | shall expire 8 years thereafter; (iii) and (ii) Illinois Person | with a Disability Identification Card issued prior to July 1, | 2017, to a qualifying person shall expire 10 years
thereafter; | and (iv) Illinois Person with a Disability Identification Card | issued on or after July 1, 2017, shall expire 8 years | thereafter. The Secretary of State shall promulgate rules |
| setting forth the
conditions and criteria for the renewal of | all Illinois Person with a Disability Identification Cards.
| (c) Beginning July 1, 2016, every identification card or | Illinois Person with a Disability Identification Card issued | under this Act to an applicant who is not a United States | citizen shall expire on whichever is the earlier date of the | following: | (1) as provided under subsection (a) or (b) of this | Section; or | (2) on the date the applicant's authorized stay in the | United States terminates. | (Source: P.A. 99-305, eff. 1-1-16.)
| Section 10. The Illinois Vehicle Code is amended by | changing Sections 6-103 and 6-106 as follows:
| (625 ILCS 5/6-103) (from Ch. 95 1/2, par. 6-103)
| Sec. 6-103. What persons shall not be licensed as drivers | or granted
permits. The Secretary of State shall not issue, | renew, or
allow the retention of any driver's
license nor issue | any permit under this Code:
| 1. To any person, as a driver, who is under the age of | 18 years except
as provided in Section 6-107, and except | that an instruction permit may be
issued under Section | 6-107.1 to a child who
is not less than 15 years of age if | the child is enrolled in an approved
driver education |
| course as defined in Section 1-103 of this Code and
| requires an instruction permit to participate therein, | except that an
instruction permit may be issued under the | provisions of Section 6-107.1
to a child who is 17 years | and 3 months of age without the child having
enrolled in an
| approved driver education course and except that an
| instruction permit may be issued to a child who is at least | 15 years and 3
months of age, is enrolled in school, meets | the educational requirements of
the Driver Education Act, | and has passed examinations the Secretary of State in
his | or her discretion may prescribe;
| 1.5. To any person at least 18 years of age but less | than 21 years of age unless the person has, in addition to | any other requirements of this Code, successfully | completed an adult driver education course as provided in | Section 6-107.5 of this Code;
| 2. To any person who is under the age of 18 as an | operator of a motorcycle
other than a motor driven cycle | unless the person has, in addition to
meeting the | provisions of Section 6-107 of this Code, successfully
| completed a motorcycle
training course approved by the | Illinois Department of Transportation and
successfully | completes the required Secretary of State's motorcycle | driver's
examination;
| 3. To any person, as a driver, whose driver's license | or permit has been
suspended, during the suspension, nor to |
| any person whose driver's license or
permit has been | revoked, except as provided in Sections 6-205, 6-206, and
| 6-208;
| 4. To any person, as a driver, who is a user of alcohol | or any other
drug to a degree that renders the person | incapable of safely driving a motor
vehicle;
| 5. To any person, as a driver, who has previously been | adjudged to be
afflicted with or suffering from any mental | or physical disability or disease
and who has not at the | time of application been restored to competency by the
| methods provided by law;
| 6. To any person, as a driver, who is required by the | Secretary of State
to submit an alcohol and drug evaluation | or take an examination provided
for in this Code unless the | person has
successfully passed the examination and | submitted any required evaluation;
| 7. To any person who is required under the provisions | of the laws of
this State to deposit security or proof of | financial responsibility and who
has not deposited the | security or proof;
| 8. To any person when the Secretary of State has good | cause to believe
that the person by reason of physical or | mental disability would not be
able to safely operate a | motor vehicle upon the highways, unless the
person shall | furnish to the Secretary of State a verified written
| statement, acceptable to the Secretary of State, from a |
| competent medical
specialist, a licensed physician | assistant, or a licensed advanced practice nurse, to the | effect that the operation of a motor vehicle by the
person | would not be inimical to the public safety;
| 9. To any person, as a driver, who is 69 years of age | or older, unless
the person has successfully complied with | the provisions of Section 6-109;
| 10. To any person convicted, within 12 months of | application for a
license, of any of the sexual offenses | enumerated in paragraph 2 of subsection
(b) of Section | 6-205;
| 11. To any person who is under the age of 21 years with | a classification
prohibited in paragraph (b) of Section | 6-104 and to any person who is under
the age of 18 years | with a classification prohibited in paragraph (c) of
| Section 6-104;
| 12. To any person who has been either convicted of or | adjudicated under
the Juvenile Court Act of 1987 based upon | a violation of the Cannabis Control
Act, the Illinois | Controlled Substances Act, or the Methamphetamine Control | and Community Protection Act while that person was in | actual
physical control of a motor vehicle. For purposes of | this Section, any person
placed on probation under Section | 10 of the Cannabis Control Act, Section 410
of the Illinois | Controlled Substances Act, or Section 70 of the | Methamphetamine Control and Community Protection Act shall |
| not be considered convicted.
Any person found guilty of | this offense, while in actual physical control of a
motor | vehicle, shall have an entry made in the court record by | the judge that
this offense did occur while the person was | in actual physical control of a
motor vehicle and order the | clerk of the court to report the violation to the
Secretary | of State as such. The Secretary of State shall not issue a | new
license or permit for a period of one year;
| 13. To any person who is under the age of 18 years and | who has committed
the offense
of operating a motor vehicle | without a valid license or permit in violation of
Section | 6-101 or a similar out of state offense;
| 14. To any person who is
90 days or more
delinquent in | court ordered child support
payments or has been | adjudicated in arrears
in an amount equal to 90 days' | obligation or more
and who has been found in contempt
of
| court for failure to pay the support, subject to the | requirements and
procedures of Article VII of Chapter 7 of
| the Illinois Vehicle Code;
| 14.5. To any person certified by the Illinois | Department of Healthcare and Family Services as being 90 | days or more delinquent in payment of support under an | order of support entered by a court or administrative body | of this or any other State, subject to the requirements and | procedures of Article VII of Chapter 7 of this Code | regarding those certifications;
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| 15. To any person released from a term of imprisonment | for violating
Section 9-3 of the Criminal Code of 1961 or | the Criminal Code of 2012, or a similar provision of a law | of another state relating to reckless homicide or for | violating subparagraph (F) of paragraph (1) of subsection | (d) of Section 11-501 of this Code relating to aggravated | driving under the influence of alcohol, other drug or | drugs, intoxicating compound or compounds, or any | combination thereof, if the violation was the proximate | cause of a death, within
24 months of release from a term | of imprisonment;
| 16. To any person who, with intent to influence any act | related to the issuance of any driver's license or permit, | by an employee of the Secretary of State's Office, or the | owner or employee of any commercial driver training school | licensed by the Secretary of State, or any other individual | authorized by the laws of this State to give driving | instructions or administer all or part of a driver's | license examination, promises or tenders to that person any | property or personal advantage which that person is not | authorized by law to accept. Any persons promising or | tendering such property or personal advantage shall be | disqualified from holding any class of driver's license or | permit for 120 consecutive days. The Secretary of State | shall establish by rule the procedures for implementing | this period of disqualification and the procedures by which |
| persons so disqualified may obtain administrative review | of the decision to disqualify;
| 17. To any person for whom the Secretary of State | cannot verify the
accuracy of any information or | documentation submitted in application for a
driver's | license; or
| 18. To any person who has been adjudicated under the | Juvenile Court Act of 1987 based upon an offense that is | determined by the court to have been committed in | furtherance of the criminal activities of an organized | gang, as provided in Section 5-710 of that Act, and that | involved the operation or use of a motor vehicle or the use | of a driver's license or permit. The person shall be denied | a license or permit for the period determined by the court; | or .
| 19. Beginning July 1, 2017, to any person who has been | issued an identification card under the Illinois | Identification Card Act. Any such person may, at his or her | discretion, surrender the identification card in order to | become eligible to obtain a driver's license. | The Secretary of State shall retain all conviction
| information, if the information is required to be held | confidential under
the Juvenile Court Act of 1987. | (Source: P.A. 98-167, eff. 7-1-14; 98-756, eff. 7-16-14; | 99-173, eff. 7-29-15.)
|
| (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 Code 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 one 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.
| (b-5) Beginning July 1, 2017, every applicant for a | driver's license or permit shall provide proof of lawful status | in the United States as defined in 6 CFR 37.3, as amended. | Applicants who are unable to provide the Secretary with proof | of lawful status may apply for a driver's license or permit | under Section 6-105.1 of this Code. | (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
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| 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 | Code 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 Code, 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 Code. 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. 97-263, eff. 8-5-11; 97-739, eff. 1-1-13; 97-847, | eff. 1-1-13; 98-323, eff. 1-1-14; 98-463, eff. 8-16-13; 98-756, | eff. 7-16-14.)
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Effective Date: 1/1/2017
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