Bill Text: IL HB3534 | 2019-2020 | 101st General Assembly | Enrolled
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 upon the first issuance of a request for proposals for a digital driver's license and identification card issuance and facial recognition system issued after the effective date of this amendatory Act, and upon implementation of a new or revised system procured pursuant to that request for proposals, the Secretary of State shall permit applicants to choose between "male", "female", or "non-binary" when designating the applicant's sex on identification card and driver's license application forms. Provides that the sex designated by the applicant shall be displayed on the identification card or driver's license issued to the applicant.
Spectrum: Partisan Bill (Democrat 15-0)
Status: (Passed) 2019-08-23 - Public Act . . . . . . . . . 101-0513 [HB3534 Detail]
Download: Illinois-2019-HB3534-Enrolled.html
Bill Title: Amends the Illinois Identification Card Act and the Illinois Vehicle Code. Provides that upon the first issuance of a request for proposals for a digital driver's license and identification card issuance and facial recognition system issued after the effective date of this amendatory Act, and upon implementation of a new or revised system procured pursuant to that request for proposals, the Secretary of State shall permit applicants to choose between "male", "female", or "non-binary" when designating the applicant's sex on identification card and driver's license application forms. Provides that the sex designated by the applicant shall be displayed on the identification card or driver's license issued to the applicant.
Spectrum: Partisan Bill (Democrat 15-0)
Status: (Passed) 2019-08-23 - Public Act . . . . . . . . . 101-0513 [HB3534 Detail]
Download: Illinois-2019-HB3534-Enrolled.html
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1 | AN ACT concerning 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 | (a-5) Upon the first issuance of a request for proposals | ||||||
19 | for a digital driver's license and identification card issuance | ||||||
20 | and facial recognition system issued after the effective date | ||||||
21 | of this amendatory Act of the 101st General Assembly, and upon | ||||||
22 | implementation of a new or revised system procured pursuant to | ||||||
23 | that request for proposals, the Secretary shall permit | ||||||
24 | applicants to choose between "male", "female", or "non-binary" | ||||||
25 | when designating the applicant's sex on the identification card | ||||||
26 | application form. The sex designated by the applicant shall be |
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1 | displayed on the identification card issued to the applicant. | ||||||
2 | (b) Beginning on or before July 1, 2015, for each original | ||||||
3 | or renewal identification card application under this Act, the | ||||||
4 | Secretary shall inquire as to whether the applicant is a | ||||||
5 | veteran for purposes of issuing an identification card with a | ||||||
6 | veteran designation under subsection (c-5) of Section 4 of this | ||||||
7 | Act. The acceptable forms of proof shall include, but are not | ||||||
8 | limited to, Department of Defense form DD-214 or an | ||||||
9 | identification card issued under the federal Veterans | ||||||
10 | Identification Card Act of 2015. If the document cannot be | ||||||
11 | stamped, the Illinois Department of Veterans' Affairs shall | ||||||
12 | provide a certificate to the veteran to provide to the | ||||||
13 | Secretary of State. The Illinois Department of Veterans' | ||||||
14 | Affairs shall advise the Secretary as to what other forms of | ||||||
15 | proof of a person's status as a veteran are acceptable. | ||||||
16 | The Illinois Department of Veterans' Affairs shall confirm | ||||||
17 | the status of the applicant as an honorably discharged veteran | ||||||
18 | before the Secretary may issue the identification card. | ||||||
19 | For purposes of this subsection (b): | ||||||
20 | "Armed forces" means any of the Armed Forces of the United | ||||||
21 | States, including a member of any reserve component or National | ||||||
22 | Guard unit. | ||||||
23 | "Veteran" means a person who has served in the armed forces | ||||||
24 | and was discharged or separated under honorable conditions. | ||||||
25 | (c) All applicants for REAL ID compliant standard Illinois | ||||||
26 | Identification Cards and Illinois Person with a Disability |
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1 | Identification Cards shall provide proof of lawful status in | ||||||
2 | the United States as defined in 6 CFR 37.3, as amended. | ||||||
3 | Applicants who are unable to provide the Secretary with proof | ||||||
4 | of lawful status are ineligible for REAL ID compliant | ||||||
5 | identification cards under this Act. | ||||||
6 | (Source: P.A. 99-511, eff. 1-1-17; 99-544, eff. 7-15-16; | ||||||
7 | 100-201, eff. 8-18-17; 100-248, eff. 8-22-17; 100-811, eff. | ||||||
8 | 1-1-19 .)
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9 | Section 10. The Illinois Vehicle Code is amended by | ||||||
10 | changing Section 6-106 as follows:
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11 | (625 ILCS 5/6-106) (from Ch. 95 1/2, par. 6-106)
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12 | Sec. 6-106. Application for license or instruction permit.
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13 | (a) Every application for any permit or license authorized | ||||||
14 | to be issued
under this Code shall be made upon a form | ||||||
15 | furnished by the Secretary of
State. Every application shall be | ||||||
16 | accompanied by the proper fee and payment
of such fee shall | ||||||
17 | entitle the applicant to not more than 3 attempts to pass
the | ||||||
18 | examination within a period of one year after the date of | ||||||
19 | application.
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20 | (b) Every application shall state the legal name, social | ||||||
21 | security
number, zip
code, date of birth, sex, and residence | ||||||
22 | address of the applicant; briefly
describe the applicant; state | ||||||
23 | whether the applicant has theretofore been
licensed as a | ||||||
24 | driver, and, if so, when and by what state or country, and
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1 | whether any such license has ever been cancelled, suspended, | ||||||
2 | revoked or
refused, and, if so, the date and reason for such | ||||||
3 | cancellation, suspension,
revocation or refusal; shall include | ||||||
4 | an affirmation by the applicant that
all information set forth | ||||||
5 | is true and correct; and shall bear the
applicant's signature. | ||||||
6 | In addition to the residence address, the Secretary may allow | ||||||
7 | the applicant to provide a mailing address. In the case of an | ||||||
8 | applicant who is a judicial officer or peace officer, the | ||||||
9 | Secretary may allow the applicant to provide an office or work | ||||||
10 | address in lieu of a residence or mailing address. The | ||||||
11 | application form may
also require the statement of such | ||||||
12 | additional relevant information as the
Secretary of State shall | ||||||
13 | deem necessary to determine the applicant's
competency and | ||||||
14 | eligibility. The Secretary of State may, in his
discretion, by | ||||||
15 | rule or regulation, provide that an application for a
drivers | ||||||
16 | license or permit may include a suitable photograph of the
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17 | applicant in the
form prescribed by the Secretary, and he may | ||||||
18 | further provide that each
drivers license shall include a | ||||||
19 | photograph of the driver. The Secretary of
State may utilize a | ||||||
20 | photograph process or system most suitable to deter
alteration | ||||||
21 | or improper reproduction of a drivers license and to prevent
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22 | substitution of another photo thereon.
For the purposes of this | ||||||
23 | subsection (b), "peace officer" means any person who by virtue | ||||||
24 | of his or her office or public employment is vested by law with | ||||||
25 | a duty to maintain public order or to make arrests for a | ||||||
26 | violation of any penal statute of this State, whether that duty |
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1 | extends to all violations or is limited to specific violations.
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2 | (b-3) Upon the first issuance of a request for proposals | ||||||
3 | for a digital driver's license and identification card issuance | ||||||
4 | and facial recognition system issued after the effective date | ||||||
5 | of this amendatory Act of the 101st General Assembly, and upon | ||||||
6 | implementation of a new or revised system procured pursuant to | ||||||
7 | that request for proposals, the Secretary shall permit | ||||||
8 | applicants to choose between "male", "female" or "non-binary" | ||||||
9 | when designating the applicant's sex on the driver's license | ||||||
10 | application form. The sex designated by the applicant shall be | ||||||
11 | displayed on the driver's license issued to the applicant. | ||||||
12 | (b-5) Every applicant for a REAL ID compliant driver's | ||||||
13 | license or permit shall provide proof of lawful status in the | ||||||
14 | United States as defined in 6 CFR 37.3, as amended. Applicants | ||||||
15 | who are unable to provide the Secretary with proof of lawful | ||||||
16 | status may apply for a driver's license or permit under Section | ||||||
17 | 6-105.1 of this Code. | ||||||
18 | (c) The application form shall include a notice to the | ||||||
19 | applicant of the
registration obligations of sex offenders | ||||||
20 | under the Sex Offender Registration
Act. The notice shall be | ||||||
21 | provided in a form and manner prescribed by the
Secretary of | ||||||
22 | State. For purposes of this subsection (c), "sex offender" has
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23 | the meaning ascribed to it in Section 2 of the Sex Offender | ||||||
24 | Registration Act.
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25 | (d) Any male United States citizen or immigrant who applies | ||||||
26 | for any
permit or
license authorized to be issued under this |
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1 | Code or for a renewal of any permit
or
license,
and who is at | ||||||
2 | least 18 years of age but less than 26 years of age, must be
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3 | registered in compliance with the requirements of the federal | ||||||
4 | Military
Selective
Service Act.
The Secretary of State must | ||||||
5 | forward in an electronic format the necessary
personal | ||||||
6 | information regarding the applicants identified in this | ||||||
7 | subsection (d)
to
the Selective Service System. The applicant's | ||||||
8 | signature on the application
serves
as an indication that the | ||||||
9 | applicant either has already registered with the
Selective
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10 | Service System or that he is authorizing the Secretary to | ||||||
11 | forward to the
Selective
Service System the necessary | ||||||
12 | information for registration. The Secretary must
notify the | ||||||
13 | applicant at the time of application that his signature | ||||||
14 | constitutes
consent to registration with the Selective Service | ||||||
15 | System, if he is not already
registered.
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16 | (e) Beginning on or before July 1, 2015, for each original | ||||||
17 | or renewal driver's license application under this Code, the | ||||||
18 | Secretary shall inquire as to whether the applicant is a | ||||||
19 | veteran for purposes of issuing a driver's license with a | ||||||
20 | veteran designation under subsection (e-5) of Section 6-110 of | ||||||
21 | this Code. The acceptable forms of proof shall include, but are | ||||||
22 | not limited to, Department of Defense form DD-214 or an | ||||||
23 | identification card issued under the federal Veterans | ||||||
24 | Identification Card Act of 2015. If the document cannot be | ||||||
25 | stamped, the Illinois Department of Veterans' Affairs shall | ||||||
26 | provide a certificate to the veteran to provide to the |
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1 | Secretary of State. The Illinois Department of Veterans' | ||||||
2 | Affairs shall advise the Secretary as to what other forms of | ||||||
3 | proof of a person's status as a veteran are acceptable. | ||||||
4 | The Illinois Department of Veterans' Affairs shall confirm | ||||||
5 | the status of the applicant as an honorably discharged veteran | ||||||
6 | before the Secretary may issue the driver's license. | ||||||
7 | For purposes of this subsection (e): | ||||||
8 | "Armed forces" means any of the Armed Forces of the United | ||||||
9 | States, including a member of any reserve component or National | ||||||
10 | Guard unit. | ||||||
11 | "Veteran" means a person who has served in the armed forces | ||||||
12 | and was discharged or separated under honorable conditions. | ||||||
13 | (Source: P.A. 99-511, eff. 1-1-17; 99-544, eff. 7-15-16; | ||||||
14 | 100-201, eff. 8-18-17; 100-248, eff. 8-22-17; 100-811, eff. | ||||||
15 | 1-1-19 .)
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