Bill Text: IL HB3216 | 2019-2020 | 101st General Assembly | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the Illinois Identification Card Act and the Illinois Vehicle Code. Provides that for the purpose of issuing an identification card or driver's license with a veteran designation, acceptable forms of proof shall include, among other documents, Department of Defense form DD-2 (Retired) or a United States Department of Veterans Affairs summary of benefits letter. Provides new requirements for verification of veteran status. Makes conforming changes.
Spectrum: Moderate Partisan Bill (Democrat 9-2)
Status: (Passed) 2019-07-22 - Public Act . . . . . . . . . 101-0106 [HB3216 Detail]
Download: Illinois-2019-HB3216-Introduced.html
Bill Title: Amends the Illinois Identification Card Act and the Illinois Vehicle Code. Provides that for the purpose of issuing an identification card or driver's license with a veteran designation, acceptable forms of proof shall include, among other documents, Department of Defense form DD-2 (Retired) or a United States Department of Veterans Affairs summary of benefits letter. Provides new requirements for verification of veteran status. Makes conforming changes.
Spectrum: Moderate Partisan Bill (Democrat 9-2)
Status: (Passed) 2019-07-22 - Public Act . . . . . . . . . 101-0106 [HB3216 Detail]
Download: Illinois-2019-HB3216-Introduced.html
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1 | AN ACT concerning State government.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Illinois Identification Card Act is amended | |||||||||||||||||||||
5 | by changing Section 5 as follows:
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6 | (15 ILCS 335/5) (from Ch. 124, par. 25)
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7 | Sec. 5. Applications. | |||||||||||||||||||||
8 | (a) Any natural person who is a resident of the
State of | |||||||||||||||||||||
9 | Illinois may file an application for an identification card, or | |||||||||||||||||||||
10 | for
the renewal thereof, in a manner prescribed by the | |||||||||||||||||||||
11 | Secretary. Each original application
shall be completed by the | |||||||||||||||||||||
12 | applicant in full and shall set forth the legal
name,
residence | |||||||||||||||||||||
13 | address and zip code, social security number, birth date, sex | |||||||||||||||||||||
14 | and
a brief
description of the applicant. The applicant shall | |||||||||||||||||||||
15 | be photographed, unless the Secretary of State has provided by | |||||||||||||||||||||
16 | rule for the issuance of identification cards without | |||||||||||||||||||||
17 | photographs and the applicant is deemed eligible for an | |||||||||||||||||||||
18 | identification card without a photograph under the terms and | |||||||||||||||||||||
19 | conditions imposed by the Secretary of State, and he
or she | |||||||||||||||||||||
20 | shall also submit any other information as the Secretary may | |||||||||||||||||||||
21 | deem necessary
or such documentation as the Secretary may | |||||||||||||||||||||
22 | require to determine the
identity of the applicant. In addition | |||||||||||||||||||||
23 | to the residence address, the Secretary may allow the applicant |
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1 | to provide a mailing address. If the applicant is a judicial | ||||||
2 | officer as defined in Section 1-10 of the Judicial Privacy Act | ||||||
3 | or a peace officer, the applicant may elect to have his or her | ||||||
4 | office or work address in lieu of the applicant's residence or | ||||||
5 | mailing address. An applicant for an Illinois Person with a | ||||||
6 | Disability Identification Card must
also submit with each | ||||||
7 | original or renewal application, on forms prescribed
by the | ||||||
8 | Secretary, such documentation as the Secretary may require,
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9 | establishing that the applicant is a "person with a disability" | ||||||
10 | as defined in
Section 4A of this Act, and setting forth the | ||||||
11 | applicant's type and class of
disability as set forth in | ||||||
12 | Section 4A of this Act.
For the purposes of this subsection | ||||||
13 | (a), "peace officer" means any person who by virtue of his or | ||||||
14 | her office or public employment is vested by law with a duty to | ||||||
15 | maintain public order or to make arrests for a violation of any | ||||||
16 | penal statute of this State, whether that duty extends to all | ||||||
17 | violations or is limited to specific violations.
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18 | (b) Beginning on or before July 1, 2015, for each original | ||||||
19 | or renewal identification card application under this Act, the | ||||||
20 | Secretary shall inquire as to whether the applicant is a | ||||||
21 | veteran for purposes of issuing an identification card with a | ||||||
22 | veteran designation under subsection (c-5) of Section 4 of this | ||||||
23 | Act. The acceptable forms of proof shall include, but are not | ||||||
24 | limited to, Department of Defense form DD-214 , Department of | ||||||
25 | Defense form DD-2 (Retired), or an identification card issued | ||||||
26 | under the federal Veterans Identification Card Act of 2015 , or |
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1 | a United States Department of Veterans Affairs summary of | ||||||
2 | benefits letter . If the document cannot be stamped, the | ||||||
3 | Illinois Department of Veterans' Affairs shall provide a | ||||||
4 | certificate to the veteran to provide to the Secretary of | ||||||
5 | State. The Illinois Department of Veterans' Affairs shall | ||||||
6 | advise the Secretary as to what other forms of proof of a | ||||||
7 | person's status as a veteran are acceptable. | ||||||
8 | The Illinois Department of Veterans' Affairs shall confirm | ||||||
9 | the status of the applicant as an honorably discharged veteran | ||||||
10 | before the Secretary may issue the identification card. | ||||||
11 | For each applicant who is issued an identification card | ||||||
12 | with a veteran designation, the Secretary shall provide the | ||||||
13 | Department of Veterans' Affairs with the applicant's name, | ||||||
14 | address, date of birth, gender, and such other demographic | ||||||
15 | information as agreed to by the Secretary and the Department. | ||||||
16 | The Department may take steps necessary to confirm the | ||||||
17 | applicant is a veteran. If after due diligence, including | ||||||
18 | writing to the applicant at the address provided by the | ||||||
19 | Secretary, the Department is unable to verify the applicant's | ||||||
20 | veteran status, the Department shall inform the Secretary, who | ||||||
21 | shall notify the applicant that he or she must confirm status | ||||||
22 | as a veteran, or the identification card will be cancelled. | ||||||
23 | For purposes of this subsection (b): | ||||||
24 | "Armed forces" means any of the Armed Forces of the United | ||||||
25 | States, including a member of any reserve component or National | ||||||
26 | Guard unit. |
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1 | "Veteran" means a person who has served in the armed forces | ||||||
2 | and was discharged or separated under honorable conditions. | ||||||
3 | (c) All applicants for REAL ID compliant standard Illinois | ||||||
4 | Identification Cards and Illinois Person with a Disability | ||||||
5 | Identification Cards shall provide proof of lawful status in | ||||||
6 | the United States as defined in 6 CFR 37.3, as amended. | ||||||
7 | Applicants who are unable to provide the Secretary with proof | ||||||
8 | of lawful status are ineligible for REAL ID compliant | ||||||
9 | identification cards under this Act. | ||||||
10 | (Source: P.A. 99-511, eff. 1-1-17; 99-544, eff. 7-15-16; | ||||||
11 | 100-201, eff. 8-18-17; 100-248, eff. 8-22-17; 100-811, eff. | ||||||
12 | 1-1-19 .)
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13 | Section 10. The Illinois Vehicle Code is amended by | ||||||
14 | changing Section 6-106 as follows:
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15 | (625 ILCS 5/6-106) (from Ch. 95 1/2, par. 6-106)
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16 | Sec. 6-106. Application for license or instruction permit.
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17 | (a) Every application for any permit or license authorized | ||||||
18 | to be issued
under this Code shall be made upon a form | ||||||
19 | furnished by the Secretary of
State. Every application shall be | ||||||
20 | accompanied by the proper fee and payment
of such fee shall | ||||||
21 | entitle the applicant to not more than 3 attempts to pass
the | ||||||
22 | examination within a period of one year after the date of | ||||||
23 | application.
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24 | (b) Every application shall state the legal name, social |
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1 | security
number, zip
code, date of birth, sex, and residence | ||||||
2 | address of the applicant; briefly
describe the applicant; state | ||||||
3 | whether the applicant has theretofore been
licensed as a | ||||||
4 | driver, and, if so, when and by what state or country, and
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5 | whether any such license has ever been cancelled, suspended, | ||||||
6 | revoked or
refused, and, if so, the date and reason for such | ||||||
7 | cancellation, suspension,
revocation or refusal; shall include | ||||||
8 | an affirmation by the applicant that
all information set forth | ||||||
9 | is true and correct; and shall bear the
applicant's signature. | ||||||
10 | In addition to the residence address, the Secretary may allow | ||||||
11 | the applicant to provide a mailing address. In the case of an | ||||||
12 | applicant who is a judicial officer or peace officer, the | ||||||
13 | Secretary may allow the applicant to provide an office or work | ||||||
14 | address in lieu of a residence or mailing address. The | ||||||
15 | application form may
also require the statement of such | ||||||
16 | additional relevant information as the
Secretary of State shall | ||||||
17 | deem necessary to determine the applicant's
competency and | ||||||
18 | eligibility. The Secretary of State may, in his
discretion, by | ||||||
19 | rule or regulation, provide that an application for a
drivers | ||||||
20 | license or permit may include a suitable photograph of the
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21 | applicant in the
form prescribed by the Secretary, and he may | ||||||
22 | further provide that each
drivers license shall include a | ||||||
23 | photograph of the driver. The Secretary of
State may utilize a | ||||||
24 | photograph process or system most suitable to deter
alteration | ||||||
25 | or improper reproduction of a drivers license and to prevent
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26 | substitution of another photo thereon.
For the purposes of this |
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1 | subsection (b), "peace officer" means any person who by virtue | ||||||
2 | of his or her office or public employment is vested by law with | ||||||
3 | a duty to maintain public order or to make arrests for a | ||||||
4 | violation of any penal statute of this State, whether that duty | ||||||
5 | extends to all violations or is limited to specific violations.
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6 | (b-5) Every applicant for a REAL ID compliant driver's | ||||||
7 | license or permit shall provide proof of lawful status in the | ||||||
8 | United States as defined in 6 CFR 37.3, as amended. Applicants | ||||||
9 | who are unable to provide the Secretary with proof of lawful | ||||||
10 | status may apply for a driver's license or permit under Section | ||||||
11 | 6-105.1 of this Code. | ||||||
12 | (c) The application form shall include a notice to the | ||||||
13 | applicant of the
registration obligations of sex offenders | ||||||
14 | under the Sex Offender Registration
Act. The notice shall be | ||||||
15 | provided in a form and manner prescribed by the
Secretary of | ||||||
16 | State. For purposes of this subsection (c), "sex offender" has
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17 | the meaning ascribed to it in Section 2 of the Sex Offender | ||||||
18 | Registration Act.
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19 | (d) Any male United States citizen or immigrant who applies | ||||||
20 | for any
permit or
license authorized to be issued under this | ||||||
21 | Code or for a renewal of any permit
or
license,
and who is at | ||||||
22 | least 18 years of age but less than 26 years of age, must be
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23 | registered in compliance with the requirements of the federal | ||||||
24 | Military
Selective
Service Act.
The Secretary of State must | ||||||
25 | forward in an electronic format the necessary
personal | ||||||
26 | information regarding the applicants identified in this |
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1 | subsection (d)
to
the Selective Service System. The applicant's | ||||||
2 | signature on the application
serves
as an indication that the | ||||||
3 | applicant either has already registered with the
Selective
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4 | Service System or that he is authorizing the Secretary to | ||||||
5 | forward to the
Selective
Service System the necessary | ||||||
6 | information for registration. The Secretary must
notify the | ||||||
7 | applicant at the time of application that his signature | ||||||
8 | constitutes
consent to registration with the Selective Service | ||||||
9 | System, if he is not already
registered.
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10 | (e) Beginning on or before July 1, 2015, for each original | ||||||
11 | or renewal driver's license application under this Code, the | ||||||
12 | Secretary shall inquire as to whether the applicant is a | ||||||
13 | veteran for purposes of issuing a driver's license with a | ||||||
14 | veteran designation under subsection (e-5) of Section 6-110 of | ||||||
15 | this Code. The acceptable forms of proof shall include, but are | ||||||
16 | not limited to, Department of Defense form DD-214 , Department | ||||||
17 | of Defense form DD-2 (Retired), or an identification card | ||||||
18 | issued under the federal Veterans Identification Card Act of | ||||||
19 | 2015 , or a United States Department of Veterans Affairs summary | ||||||
20 | of benefits letter . If the document cannot be stamped, the | ||||||
21 | Illinois Department of Veterans' Affairs shall provide a | ||||||
22 | certificate to the veteran to provide to the Secretary of | ||||||
23 | State. The Illinois Department of Veterans' Affairs shall | ||||||
24 | advise the Secretary as to what other forms of proof of a | ||||||
25 | person's status as a veteran are acceptable. | ||||||
26 | The Illinois Department of Veterans' Affairs shall confirm |
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1 | the status of the applicant as an honorably discharged veteran | ||||||
2 | before the Secretary may issue the driver's license. | ||||||
3 | For each applicant who is issued a driver's license with a | ||||||
4 | veteran designation, the Secretary shall provide the | ||||||
5 | Department of Veterans' Affairs with the applicant's name, | ||||||
6 | address, date of birth, gender and such other demographic | ||||||
7 | information as agreed to by the Secretary and the Department. | ||||||
8 | The Department may take steps necessary to confirm the | ||||||
9 | applicant is a veteran. If after due diligence, including | ||||||
10 | writing to the applicant at the address provided by the | ||||||
11 | Secretary, the Department is unable to verify the applicant's | ||||||
12 | veteran status, the Department shall inform the Secretary, who | ||||||
13 | shall notify the applicant that the he or she must confirm | ||||||
14 | status as a veteran, or the driver's license will be cancelled. | ||||||
15 | For purposes of this subsection (e): | ||||||
16 | "Armed forces" means any of the Armed Forces of the United | ||||||
17 | States, including a member of any reserve component or National | ||||||
18 | Guard unit. | ||||||
19 | "Veteran" means a person who has served in the armed forces | ||||||
20 | and was discharged or separated under honorable conditions. | ||||||
21 | (Source: P.A. 99-511, eff. 1-1-17; 99-544, eff. 7-15-16; | ||||||
22 | 100-201, eff. 8-18-17; 100-248, eff. 8-22-17; 100-811, eff. | ||||||
23 | 1-1-19 .)
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