Bill Amendment: IL SB3495 | 2025-2026 | 104th General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: ID CARD-GENDER DESIGNATION
Status: 2026-04-22 - Sponsor Removed Sen. Chris Balkema [SB3495 Detail]
Download: Illinois-2025-SB3495-Senate_Amendment_001.html
Bill Title: ID CARD-GENDER DESIGNATION
Status: 2026-04-22 - Sponsor Removed Sen. Chris Balkema [SB3495 Detail]
Download: Illinois-2025-SB3495-Senate_Amendment_001.html
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| 1 | AMENDMENT TO SENATE BILL 3495 | ||||||
| 2 | AMENDMENT NO. ______. Amend Senate Bill 3495 by replacing | ||||||
| 3 | everything after the enacting clause with the following: | ||||||
| 4 | "Section 5. The Illinois Identification Card Act is | ||||||
| 5 | amended by changing Sections 5 and 11 as follows: | ||||||
| 6 | (15 ILCS 335/5) | ||||||
| 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, | ||||||
| 10 | or 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, | ||||||
| 13 | residence address and zip code, social security number, if the | ||||||
| 14 | person has a social security number, birth date, sex and a | ||||||
| 15 | brief description of the applicant. The applicant shall be | ||||||
| 16 | photographed, unless the Secretary of State has provided by | ||||||
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| |||||||
| 1 | rule for the issuance of identification cards without | ||||||
| 2 | photographs and the applicant is deemed eligible for an | ||||||
| 3 | identification card without a photograph under the terms and | ||||||
| 4 | conditions imposed by the Secretary of State. The applicant , | ||||||
| 5 | and he or she shall also submit any other information as the | ||||||
| 6 | Secretary may deem necessary or such documentation as the | ||||||
| 7 | Secretary may require to determine the identity of the | ||||||
| 8 | applicant, except as limited under subsection (a-5). In | ||||||
| 9 | addition to the residence address, the Secretary may allow the | ||||||
| 10 | applicant to provide a mailing address. If the applicant is an | ||||||
| 11 | employee of the Department of Children and Family Services | ||||||
| 12 | with a job title of "Child Protection Specialist Trainee", | ||||||
| 13 | "Child Protection Specialist", "Child Protection Advanced | ||||||
| 14 | Specialist", "Child Welfare Specialist Trainee", "Child | ||||||
| 15 | Welfare Specialist", or "Child Welfare Advanced Specialist" or | ||||||
| 16 | a judicial officer as defined in Section 1-10 of the Judicial | ||||||
| 17 | Privacy Act, or a public official as defined in Section 10 of | ||||||
| 18 | the Public Official Safety and Privacy Act, or a peace | ||||||
| 19 | officer, the applicant may elect to have his or her office or | ||||||
| 20 | work address in lieu of the applicant's residence or mailing | ||||||
| 21 | address. An applicant for an Illinois Person with a Disability | ||||||
| 22 | Identification Card must also submit with each original or | ||||||
| 23 | renewal application, on forms prescribed by the Secretary, | ||||||
| 24 | such documentation as the Secretary may require, establishing | ||||||
| 25 | that the applicant is a "person with a disability" as defined | ||||||
| 26 | in Section 4A of this Act, and setting forth the applicant's | ||||||
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| |||||||
| 1 | type and class of disability as set forth in Section 4A of this | ||||||
| 2 | Act. For the purposes of this subsection (a), "peace officer" | ||||||
| 3 | means any person who by virtue of his or her office or public | ||||||
| 4 | employment is vested by law with a duty to maintain public | ||||||
| 5 | order or to make arrests for a violation of any penal statute | ||||||
| 6 | of this State, whether that duty extends to all violations or | ||||||
| 7 | is limited to specific violations. | ||||||
| 8 | (a-5) The Upon the first issuance of a request for | ||||||
| 9 | proposals for a digital driver's license and identification | ||||||
| 10 | card issuance and facial recognition system issued after | ||||||
| 11 | January 1, 2020 (the effective date of Public Act 101-513), | ||||||
| 12 | and upon implementation of a new or revised system procured | ||||||
| 13 | pursuant to that request for proposals, the Secretary shall | ||||||
| 14 | permit applicants to choose between "male", "female", or "X" | ||||||
| 15 | "non-binary" when designating the applicant's sex on the | ||||||
| 16 | identification card application form or when changing the sex | ||||||
| 17 | listed on an issued identification card. The sex designated by | ||||||
| 18 | the applicant shall be displayed on the identification card | ||||||
| 19 | issued to the applicant. | ||||||
| 20 | For an initial identification card, an applicant shall | ||||||
| 21 | designate a sex on the application form. If the applicant's | ||||||
| 22 | documents used to establish identity include a sex different | ||||||
| 23 | than the sex the applicant has designated, then the applicant | ||||||
| 24 | must submit a gender designation form. | ||||||
| 25 | An applicant who wants to change the sex listed on an | ||||||
| 26 | issued identification card must submit a gender designation | ||||||
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| 1 | form. | ||||||
| 2 | The gender designation form shall only request the | ||||||
| 3 | applicant's information, gender designation statement, | ||||||
| 4 | attestation, and signature or mark. The applicant's | ||||||
| 5 | information required on the form shall be limited to name as | ||||||
| 6 | reflected on the applicant's current driver's license or | ||||||
| 7 | identification card, if applicable; current driver's license | ||||||
| 8 | or identification card number, if applicable; and residential | ||||||
| 9 | address of the applicant. The gender designation statement | ||||||
| 10 | shall allow the applicant to designate a sex on the | ||||||
| 11 | applicant's identification card as "male", "female", or "X". | ||||||
| 12 | The attestation shall state that the applicant swears, under | ||||||
| 13 | the penalty of perjury, that the request for the selected | ||||||
| 14 | gender designation is to ensure that the applicant's | ||||||
| 15 | identification card accurately reflects the applicant's gender | ||||||
| 16 | identity and is not for a fraudulent or unlawful purpose. | ||||||
| 17 | The Secretary of State shall not require any additional | ||||||
| 18 | question, documentation, support, certification, or | ||||||
| 19 | verification to change a gender marker. | ||||||
| 20 | The Secretary of State shall not require any documentation | ||||||
| 21 | other than the gender designation form to confirm the sex or | ||||||
| 22 | gender identity of the applicant. | ||||||
| 23 | (b) Beginning on or before July 1, 2015, for each original | ||||||
| 24 | or renewal identification card application under this Act, the | ||||||
| 25 | Secretary shall inquire as to whether the applicant is a | ||||||
| 26 | veteran for purposes of issuing an identification card with a | ||||||
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| 1 | veteran designation under subsection (c-5) of Section 4 of | ||||||
| 2 | this Act. The acceptable forms of proof shall include, but are | ||||||
| 3 | not limited to, Department of Defense form DD-214, Department | ||||||
| 4 | of Defense form DD-256 for applicants who did not receive a | ||||||
| 5 | form DD-214 upon the completion of initial basic training, | ||||||
| 6 | Department of Defense form DD-2 (Retired), an identification | ||||||
| 7 | card issued under the federal Veterans Identification Card Act | ||||||
| 8 | of 2015, or a United States Department of Veterans Affairs | ||||||
| 9 | summary of benefits letter. If the document cannot be stamped, | ||||||
| 10 | the Illinois Department of Veterans Affairs shall provide a | ||||||
| 11 | certificate to the veteran to provide to the Secretary of | ||||||
| 12 | State. The Illinois Department of Veterans Affairs shall | ||||||
| 13 | advise the Secretary as to what other forms of proof of a | ||||||
| 14 | person's status as a veteran are acceptable. | ||||||
| 15 | For each applicant who is issued an identification card | ||||||
| 16 | with a veteran designation, the Secretary shall provide the | ||||||
| 17 | Department of Veterans Affairs with the applicant's name, | ||||||
| 18 | address, date of birth, gender, and such other demographic | ||||||
| 19 | information as agreed to by the Secretary and the Department. | ||||||
| 20 | The Department may take steps necessary to confirm the | ||||||
| 21 | applicant is a veteran. If after due diligence, including | ||||||
| 22 | writing to the applicant at the address provided by the | ||||||
| 23 | Secretary, the Department is unable to verify the applicant's | ||||||
| 24 | veteran status, the Department shall inform the Secretary, who | ||||||
| 25 | shall notify the applicant that he or she must confirm status | ||||||
| 26 | as a veteran, or the identification card will be canceled. | ||||||
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| 1 | For purposes of this subsection (b): | ||||||
| 2 | "Armed forces" means any of the Armed Forces of the United | ||||||
| 3 | States, including a member of any reserve component or | ||||||
| 4 | National Guard unit. | ||||||
| 5 | "Veteran" means a person who has served in the armed | ||||||
| 6 | forces and was discharged or separated under honorable | ||||||
| 7 | conditions. | ||||||
| 8 | (b-1) An applicant who is eligible for Gold Star license | ||||||
| 9 | plates under Section 3-664 of the Illinois Vehicle Code may | ||||||
| 10 | apply for an identification card with space for a designation | ||||||
| 11 | as a Gold Star Family. The Secretary may waive any fee for this | ||||||
| 12 | application. If the Secretary does not waive the fee, any fee | ||||||
| 13 | charged to the applicant must be deposited into the Illinois | ||||||
| 14 | Veterans Assistance Fund. The Secretary is authorized to issue | ||||||
| 15 | rules to implement this subsection. | ||||||
| 16 | (c) All applicants for REAL ID compliant standard Illinois | ||||||
| 17 | Identification Cards and Illinois Person with a Disability | ||||||
| 18 | Identification Cards shall provide proof of lawful status in | ||||||
| 19 | the United States as defined in 6 CFR 37.3, as amended. | ||||||
| 20 | Applicants who are unable to provide the Secretary with proof | ||||||
| 21 | of lawful status are ineligible for REAL ID compliant | ||||||
| 22 | identification cards under this Act. | ||||||
| 23 | (d) The Secretary of State may accept, as proof of date of | ||||||
| 24 | birth and written signature for any applicant for a standard | ||||||
| 25 | identification card who does not have a social security number | ||||||
| 26 | or documentation issued by the United States Department of | ||||||
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| |||||||
| 1 | Homeland Security authorizing the applicant's presence in this | ||||||
| 2 | country, any passport validly issued to the applicant from the | ||||||
| 3 | applicant's country of citizenship or a consular | ||||||
| 4 | identification document validly issued to the applicant by a | ||||||
| 5 | consulate of that country as defined in Section 5 of the | ||||||
| 6 | Consular Identification Document Act. Any such documents must | ||||||
| 7 | be either unexpired or presented by an applicant within 2 | ||||||
| 8 | years of its expiration date. | ||||||
| 9 | (Source: P.A. 103-210, eff. 7-1-24; 103-888, eff. 8-9-24; | ||||||
| 10 | 103-933, eff. 1-1-25; 104-234, eff. 8-15-25; 104-417, eff. | ||||||
| 11 | 8-15-25; 104-443, eff. 1-1-26; revised 1-7-26.) | ||||||
| 12 | (15 ILCS 335/11) (from Ch. 124, par. 31) | ||||||
| 13 | Sec. 11. Records. | ||||||
| 14 | (a) The Secretary may make a search of his records and | ||||||
| 15 | furnish information as to whether a person has a current | ||||||
| 16 | Standard Illinois Identification Card or an Illinois Person | ||||||
| 17 | with a Disability Identification Card then on file, upon | ||||||
| 18 | receipt of a written application therefor accompanied with the | ||||||
| 19 | prescribed fee. However, the Secretary may not disclose | ||||||
| 20 | medical information concerning an individual to any person, | ||||||
| 21 | public agency, private agency, corporation or governmental | ||||||
| 22 | body unless the individual has submitted a written request for | ||||||
| 23 | the information or unless the individual has given prior | ||||||
| 24 | written consent for the release of the information to a | ||||||
| 25 | specific person or entity. This exception shall not apply to: | ||||||
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| 1 | (1) offices and employees of the Secretary who have a need to | ||||||
| 2 | know the medical information in performance of their official | ||||||
| 3 | duties, or (2) orders of a court of competent jurisdiction. | ||||||
| 4 | When medical information is disclosed by the Secretary in | ||||||
| 5 | accordance with the provisions of this Section, no liability | ||||||
| 6 | shall rest with the Office of the Secretary of State as the | ||||||
| 7 | information is released for informational purposes only. | ||||||
| 8 | (b) Except as otherwise provided in this Section, the | ||||||
| 9 | Secretary may release personally identifying information only | ||||||
| 10 | to: | ||||||
| 11 | (1) officers and employees of the Secretary who have a | ||||||
| 12 | need to know that information for issuance of driver's | ||||||
| 13 | licenses, permits, or identification cards and | ||||||
| 14 | investigation of fraud or misconduct; | ||||||
| 15 | (2) other governmental agencies for use in their | ||||||
| 16 | official governmental functions; | ||||||
| 17 | (3) law enforcement agencies for a criminal or civil | ||||||
| 18 | investigation, except as restricted by subsections (g) and | ||||||
| 19 | (h); | ||||||
| 20 | (3-5) the State Board of Elections as may be required | ||||||
| 21 | by an agreement the State Board of Elections has entered | ||||||
| 22 | into with a multi-state voter registration list | ||||||
| 23 | maintenance system; or | ||||||
| 24 | (4) any entity that the Secretary has authorized, by | ||||||
| 25 | rule. | ||||||
| 26 | (c) Except as otherwise provided in this Section, the | ||||||
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| 1 | Secretary may release highly restricted personal information | ||||||
| 2 | only to: | ||||||
| 3 | (1) officers and employees of the Secretary who have a | ||||||
| 4 | need to access the information for the issuance of | ||||||
| 5 | driver's licenses, permits, or identification cards and | ||||||
| 6 | investigation of fraud or misconduct; | ||||||
| 7 | (2) law enforcement officials for a criminal or civil | ||||||
| 8 | law enforcement investigation, except as restricted by | ||||||
| 9 | subsections (g) and (h); | ||||||
| 10 | (3) the State Board of Elections for the purpose of | ||||||
| 11 | providing the signature for completion of voter | ||||||
| 12 | registration; or | ||||||
| 13 | (4) any other entity the Secretary has authorized by | ||||||
| 14 | rule. | ||||||
| 15 | (d) Documents required to be submitted with an application | ||||||
| 16 | for an identification card to prove the applicant's identity | ||||||
| 17 | (name and date of birth), social security number or lack of a | ||||||
| 18 | social security number, written signature, residency, and, as | ||||||
| 19 | applicable, citizenship and immigration status and country of | ||||||
| 20 | citizenship shall be confidential and shall not be disclosed | ||||||
| 21 | except to the following persons: | ||||||
| 22 | (1) the individual to whom the identification card was | ||||||
| 23 | issued, upon written request; | ||||||
| 24 | (2) officers and employees of the Secretary of State | ||||||
| 25 | who have a need to have access to the stored images for | ||||||
| 26 | purposes of issuing and controlling driver's licenses, | ||||||
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| 1 | permits, or identification cards and investigation of | ||||||
| 2 | fraud or misconduct; | ||||||
| 3 | (3) law enforcement officials for a civil or criminal | ||||||
| 4 | law enforcement investigation, except as restricted by | ||||||
| 5 | subsections (g) and (h); | ||||||
| 6 | (4) other entities that the Secretary may authorize by | ||||||
| 7 | rule. | ||||||
| 8 | (e) The Secretary may not disclose an individual's social | ||||||
| 9 | security number or any associated information obtained from | ||||||
| 10 | the Social Security Administration without the written request | ||||||
| 11 | or consent of the individual except: (i) to officers and | ||||||
| 12 | employees of the Secretary who have a need to know the social | ||||||
| 13 | security number in the performance of their official duties; | ||||||
| 14 | (ii) except as restricted by subsections (g) and (h) to law | ||||||
| 15 | enforcement officials for a civil or criminal law enforcement | ||||||
| 16 | investigation if an officer of the law enforcement agency has | ||||||
| 17 | made a written request to the Secretary specifying the law | ||||||
| 18 | enforcement investigation for which the social security number | ||||||
| 19 | is being sought; (iii) under a lawful court order signed by a | ||||||
| 20 | judge; (iv) to the Illinois Department of Veterans Affairs for | ||||||
| 21 | the purpose of confirming veteran status to agencies in other | ||||||
| 22 | states responsible for the issuance of state identification | ||||||
| 23 | cards for participation in State-to-State verification | ||||||
| 24 | service; or (v) the last 4 digits to the Illinois State Board | ||||||
| 25 | of Elections for purposes of voter registration and as may be | ||||||
| 26 | required pursuant to an agreement for a multi-state voter | ||||||
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| 1 | registration list maintenance system. The Secretary retains | ||||||
| 2 | the right to require additional verification regarding the | ||||||
| 3 | validity of a request from law enforcement. If social security | ||||||
| 4 | information is disclosed by the Secretary in accordance with | ||||||
| 5 | this Section, no liability shall rest with the Office of the | ||||||
| 6 | Secretary of State or any of its officers or employees, as the | ||||||
| 7 | information is released for official purposes only. | ||||||
| 8 | (f) The Secretary of State shall not provide facial | ||||||
| 9 | recognition search services or photographs obtained in the | ||||||
| 10 | process of issuing an identification card to any federal, | ||||||
| 11 | State, or local law enforcement agency or other governmental | ||||||
| 12 | entity for the purpose of enforcing federal immigration laws. | ||||||
| 13 | This subsection shall not apply to requests from federal, | ||||||
| 14 | State, or local law enforcement agencies or other governmental | ||||||
| 15 | entities for facial recognition search services or photographs | ||||||
| 16 | obtained in the process of issuing a driver's license or | ||||||
| 17 | permit when the purpose of the request relates to criminal | ||||||
| 18 | activity other than violations of immigration laws. | ||||||
| 19 | (g) Notwithstanding any other provision of law, the | ||||||
| 20 | Secretary may not release highly restricted personal | ||||||
| 21 | information or personally identifying information or disclose | ||||||
| 22 | documents described in subsection (d) to any immigration | ||||||
| 23 | agent, as defined in Section 10 of the Illinois TRUST Act, | ||||||
| 24 | unless necessary to comply with the following, to the extent | ||||||
| 25 | that production of such information or documents is | ||||||
| 26 | specifically required: | ||||||
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| 1 | (1) a lawful court order; | ||||||
| 2 | (2) a judicial warrant signed by a judge appointed | ||||||
| 3 | pursuant to Article III of the Constitution of the United | ||||||
| 4 | States; or | ||||||
| 5 | (3) a subpoena for individual records issued by a | ||||||
| 6 | federal or State court. | ||||||
| 7 | When responding to such a court order, warrant, or | ||||||
| 8 | subpoena, the Secretary shall disclose only those documents or | ||||||
| 9 | information specifically requested. Within 3 business days of | ||||||
| 10 | receiving such a court order, warrant, or subpoena, the | ||||||
| 11 | Secretary shall send a notification to the individual about | ||||||
| 12 | whom such information was requested that a court order, | ||||||
| 13 | warrant, or subpoena was received and the identity of the | ||||||
| 14 | entity that presented the court order, warrant, or subpoena. | ||||||
| 15 | (h) The Secretary shall not enter into or maintain any | ||||||
| 16 | agreement regarding the sharing of any highly restricted | ||||||
| 17 | personal information or personally identifying information or | ||||||
| 18 | documents described in subsection (d) unless all other parties | ||||||
| 19 | to such agreement certify that the information obtained will | ||||||
| 20 | not be used for civil immigration purposes or knowingly | ||||||
| 21 | disseminated to any third party for any purpose related to | ||||||
| 22 | civil immigration enforcement. | ||||||
| 23 | (i) The Secretary may not disclose or reveal the existence | ||||||
| 24 | of any gender designation form unless directed to do so by an | ||||||
| 25 | order of a court of competent jurisdiction. | ||||||
| 26 | (Source: P.A. 103-210, eff. 7-1-24; 104-234, eff. 8-15-25.) | ||||||
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| 1 | Section 10. The Illinois Vehicle Code is amended by | ||||||
| 2 | changing Sections 2-110, 2-123, and 6-106 as follows: | ||||||
| 3 | (625 ILCS 5/2-110) (from Ch. 95 1/2, par. 2-110) | ||||||
| 4 | Sec. 2-110. Authority to grant or refuse applications. | ||||||
| 5 | The Secretary of State shall examine and determine the | ||||||
| 6 | genuineness, regularity and legality of every application for | ||||||
| 7 | registration of a vehicle, for a certificate of title | ||||||
| 8 | therefor, and for a driver's license and of any other | ||||||
| 9 | application lawfully made to the Secretary of State, and may | ||||||
| 10 | in all cases, except as limited under subsection (b-3) of | ||||||
| 11 | Section 6-106, make investigation and verify the information | ||||||
| 12 | and the authenticity of the documents submitted as may be | ||||||
| 13 | deemed necessary or require additional information, and shall | ||||||
| 14 | reject any such application if not satisfied of the | ||||||
| 15 | genuineness, regularity or legality thereof or the truth of | ||||||
| 16 | any statement contained therein, or for any other reason, when | ||||||
| 17 | authorized by law. | ||||||
| 18 | (Source: P.A. 93-895, eff. 1-1-05.) | ||||||
| 19 | (625 ILCS 5/2-123) (from Ch. 95 1/2, par. 2-123) | ||||||
| 20 | Sec. 2-123. Sale and distribution of information. | ||||||
| 21 | (a) Except as otherwise provided in this Section, the | ||||||
| 22 | Secretary may make the driver's license, vehicle and title | ||||||
| 23 | registration lists, in part or in whole, and any statistical | ||||||
| |||||||
| |||||||
| 1 | information derived from these lists available to local | ||||||
| 2 | governments, elected state officials, state educational | ||||||
| 3 | institutions, and all other governmental units of the State | ||||||
| 4 | and Federal Government requesting them for governmental | ||||||
| 5 | purposes. The Secretary shall require any such applicant for | ||||||
| 6 | services to pay for the costs of furnishing such services and | ||||||
| 7 | the use of the equipment involved, and in addition is | ||||||
| 8 | empowered to establish prices and charges for the services so | ||||||
| 9 | furnished and for the use of the electronic equipment | ||||||
| 10 | utilized. | ||||||
| 11 | (b) The Secretary is further empowered to and he may, in | ||||||
| 12 | his discretion, furnish to any applicant, other than listed in | ||||||
| 13 | subsection (a) of this Section, vehicle or driver data on a | ||||||
| 14 | computer tape, disk, other electronic format or computer | ||||||
| 15 | processable medium, or printout at a fixed fee of $500, in | ||||||
| 16 | advance, and require in addition a further sufficient deposit | ||||||
| 17 | based upon the Secretary of State's estimate of the total cost | ||||||
| 18 | of the information requested and a charge of $50, per 1,000 | ||||||
| 19 | units or part thereof identified or the actual cost, whichever | ||||||
| 20 | is greater. The Secretary is authorized to refund any | ||||||
| 21 | difference between the additional deposit and the actual cost | ||||||
| 22 | of the request. This service shall not be in lieu of an | ||||||
| 23 | abstract of a driver's record nor of a title or registration | ||||||
| 24 | search. This service may be limited to entities purchasing a | ||||||
| 25 | minimum number of records as required by administrative rule. | ||||||
| 26 | The information sold pursuant to this subsection shall be the | ||||||
| |||||||
| |||||||
| 1 | entire vehicle or driver data list, or part thereof. The | ||||||
| 2 | information sold pursuant to this subsection shall not contain | ||||||
| 3 | personally identifying information unless the information is | ||||||
| 4 | to be used for one of the purposes identified in subsection | ||||||
| 5 | (f-5) of this Section. Commercial purchasers of driver and | ||||||
| 6 | vehicle record databases shall enter into a written agreement | ||||||
| 7 | with the Secretary of State that includes disclosure of the | ||||||
| 8 | commercial use of the information to be purchased. | ||||||
| 9 | (b-1) The Secretary is further empowered to and may, in | ||||||
| 10 | his or her discretion, furnish vehicle or driver data on a | ||||||
| 11 | computer tape, disk, or other electronic format or computer | ||||||
| 12 | processible medium, at no fee, to any State or local | ||||||
| 13 | governmental agency that uses the information provided by the | ||||||
| 14 | Secretary to transmit data back to the Secretary that enables | ||||||
| 15 | the Secretary to maintain accurate driving records, including | ||||||
| 16 | dispositions of traffic cases. This information may be | ||||||
| 17 | provided without fee not more often than once every 6 months. | ||||||
| 18 | (c) Secretary of State may issue registration lists. The | ||||||
| 19 | Secretary of State may compile a list of all registered | ||||||
| 20 | vehicles. Each list of registered vehicles shall be arranged | ||||||
| 21 | serially according to the registration numbers assigned to | ||||||
| 22 | registered vehicles and may contain in addition the names and | ||||||
| 23 | addresses of registered owners and a brief description of each | ||||||
| 24 | vehicle including the serial or other identifying number | ||||||
| 25 | thereof. Such compilation may be in such form as in the | ||||||
| 26 | discretion of the Secretary of State may seem best for the | ||||||
| |||||||
| |||||||
| 1 | purposes intended. | ||||||
| 2 | (d) The Secretary of State shall furnish no more than 2 | ||||||
| 3 | current available lists of such registrations to the sheriffs | ||||||
| 4 | of all counties and to the chiefs of police of all cities and | ||||||
| 5 | villages and towns of 2,000 population and over in this State | ||||||
| 6 | at no cost. Additional copies may be purchased by the sheriffs | ||||||
| 7 | or chiefs of police at the fee of $500 each or at the cost of | ||||||
| 8 | producing the list as determined by the Secretary of State. | ||||||
| 9 | Such lists are to be used for governmental purposes only. | ||||||
| 10 | (e) (Blank). | ||||||
| 11 | (e-1) (Blank). | ||||||
| 12 | (f) The Secretary of State shall make a title or | ||||||
| 13 | registration search of the records of his office and a written | ||||||
| 14 | report on the same for any person, upon written application of | ||||||
| 15 | such person, accompanied by a fee of $5 for each registration | ||||||
| 16 | or title search. The written application shall set forth the | ||||||
| 17 | intended use of the requested information. No fee shall be | ||||||
| 18 | charged for a title or registration search, or for the | ||||||
| 19 | certification thereof requested by a government agency. The | ||||||
| 20 | report of the title or registration search shall not contain | ||||||
| 21 | personally identifying information unless the request for a | ||||||
| 22 | search was made for one of the purposes identified in | ||||||
| 23 | subsection (f-5) of this Section. The report of the title or | ||||||
| 24 | registration search shall not contain highly restricted | ||||||
| 25 | personal information unless specifically authorized by this | ||||||
| 26 | Code. | ||||||
| |||||||
| |||||||
| 1 | The Secretary of State shall certify a title or | ||||||
| 2 | registration record upon written request. The fee for | ||||||
| 3 | certification shall be $5 in addition to the fee required for a | ||||||
| 4 | title or registration search. Certification shall be made | ||||||
| 5 | under the signature of the Secretary of State and shall be | ||||||
| 6 | authenticated by Seal of the Secretary of State. | ||||||
| 7 | The Secretary of State may notify the vehicle owner or | ||||||
| 8 | registrant of the request for purchase of his title or | ||||||
| 9 | registration information as the Secretary deems appropriate. | ||||||
| 10 | No information shall be released to the requester until | ||||||
| 11 | expiration of a 10-day period. This 10-day period shall not | ||||||
| 12 | apply to requests for information made by law enforcement | ||||||
| 13 | officials, government agencies, financial institutions, | ||||||
| 14 | attorneys, insurers, employers, automobile associated | ||||||
| 15 | businesses, persons licensed as a private detective or firms | ||||||
| 16 | licensed as a private detective agency under the Private | ||||||
| 17 | Detective, Private Alarm, Private Security, Fingerprint | ||||||
| 18 | Vendor, and Locksmith Act of 2004, who are employed by or are | ||||||
| 19 | acting on behalf of law enforcement officials, government | ||||||
| 20 | agencies, financial institutions, attorneys, insurers, | ||||||
| 21 | employers, automobile associated businesses, and other | ||||||
| 22 | business entities for purposes consistent with the Illinois | ||||||
| 23 | Vehicle Code, the vehicle owner or registrant or other | ||||||
| 24 | entities as the Secretary may exempt by rule and regulation. | ||||||
| 25 | Any misrepresentation made by a requester of title or | ||||||
| 26 | vehicle information shall be punishable as a petty offense, | ||||||
| |||||||
| |||||||
| 1 | except in the case of persons licensed as a private detective | ||||||
| 2 | or firms licensed as a private detective agency which shall be | ||||||
| 3 | subject to disciplinary sanctions under Section 40-10 of the | ||||||
| 4 | Private Detective, Private Alarm, Private Security, | ||||||
| 5 | Fingerprint Vendor, and Locksmith Act of 2004. | ||||||
| 6 | (f-5) The Secretary of State shall not disclose or | ||||||
| 7 | otherwise make available to any person or entity any | ||||||
| 8 | personally identifying information obtained by the Secretary | ||||||
| 9 | of State in connection with a driver's license, vehicle, or | ||||||
| 10 | title registration record unless the information is disclosed | ||||||
| 11 | for one of the following purposes: | ||||||
| 12 | (1) For use by any government agency, including any | ||||||
| 13 | court or law enforcement agency, in carrying out its | ||||||
| 14 | functions, or any private person or entity acting on | ||||||
| 15 | behalf of a federal, State, or local agency in carrying | ||||||
| 16 | out its functions. | ||||||
| 17 | (2) For use in connection with matters of motor | ||||||
| 18 | vehicle or driver safety and theft; motor vehicle | ||||||
| 19 | emissions; motor vehicle product alterations, recalls, or | ||||||
| 20 | advisories; performance monitoring of motor vehicles, | ||||||
| 21 | motor vehicle parts, and dealers; and removal of non-owner | ||||||
| 22 | records from the original owner records of motor vehicle | ||||||
| 23 | manufacturers. | ||||||
| 24 | (3) For use in the normal course of business by a | ||||||
| 25 | legitimate business or its agents, employees, or | ||||||
| 26 | contractors, but only: | ||||||
| |||||||
| |||||||
| 1 | (A) to verify the accuracy of personal information | ||||||
| 2 | submitted by an individual to the business or its | ||||||
| 3 | agents, employees, or contractors; and | ||||||
| 4 | (B) if such information as so submitted is not | ||||||
| 5 | correct or is no longer correct, to obtain the correct | ||||||
| 6 | information, but only for the purposes of preventing | ||||||
| 7 | fraud by, pursuing legal remedies against, or | ||||||
| 8 | recovering on a debt or security interest against, the | ||||||
| 9 | individual. | ||||||
| 10 | (4) For use in research activities and for use in | ||||||
| 11 | producing statistical reports, if the personally | ||||||
| 12 | identifying information is not published, redisclosed, or | ||||||
| 13 | used to contact individuals. | ||||||
| 14 | (5) For use in connection with any civil, criminal, | ||||||
| 15 | administrative, or arbitral proceeding in any federal, | ||||||
| 16 | State, or local court or agency or before any | ||||||
| 17 | self-regulatory body, including the service of process, | ||||||
| 18 | investigation in anticipation of litigation, and the | ||||||
| 19 | execution or enforcement of judgments and orders, or | ||||||
| 20 | pursuant to an order of a federal, State, or local court. | ||||||
| 21 | (6) For use by any insurer or insurance support | ||||||
| 22 | organization or by a self-insured entity or its agents, | ||||||
| 23 | employees, or contractors in connection with claims | ||||||
| 24 | investigation activities, antifraud activities, rating, or | ||||||
| 25 | underwriting. | ||||||
| 26 | (7) For use in providing notice to the owners of towed | ||||||
| |||||||
| |||||||
| 1 | or impounded vehicles. | ||||||
| 2 | (8) For use by any person licensed as a private | ||||||
| 3 | detective or firm licensed as a private detective agency | ||||||
| 4 | under the Private Detective, Private Alarm, Private | ||||||
| 5 | Security, Fingerprint Vendor, and Locksmith Act of 2004, | ||||||
| 6 | private investigative agency or security service licensed | ||||||
| 7 | in Illinois for any purpose permitted under this | ||||||
| 8 | subsection. | ||||||
| 9 | (9) For use by an employer or its agent or insurer to | ||||||
| 10 | obtain or verify information relating to a holder of a | ||||||
| 11 | commercial driver's license that is required under chapter | ||||||
| 12 | 313 of title 49 of the United States Code. | ||||||
| 13 | (10) For use in connection with the operation of | ||||||
| 14 | private toll transportation facilities. | ||||||
| 15 | (11) For use by any requester, if the requester | ||||||
| 16 | demonstrates it has obtained the written consent of the | ||||||
| 17 | individual to whom the information pertains. | ||||||
| 18 | (12) For use by members of the news media, as defined | ||||||
| 19 | in Section 1-148.5, for the purpose of newsgathering when | ||||||
| 20 | the request relates to the operation of a motor vehicle or | ||||||
| 21 | public safety. | ||||||
| 22 | (13) For any other use specifically authorized by law, | ||||||
| 23 | if that use is related to the operation of a motor vehicle | ||||||
| 24 | or public safety. | ||||||
| 25 | (f-6) The Secretary of State shall not disclose or | ||||||
| 26 | otherwise make available to any person or entity any highly | ||||||
| |||||||
| |||||||
| 1 | restricted personal information obtained by the Secretary of | ||||||
| 2 | State in connection with a driver's license, vehicle, or title | ||||||
| 3 | registration record unless specifically authorized by this | ||||||
| 4 | Code. | ||||||
| 5 | (g) 1. The Secretary of State may, upon receipt of a | ||||||
| 6 | written request and a fee as set forth in Section 6-118, | ||||||
| 7 | furnish to the person or agency so requesting a driver's | ||||||
| 8 | record or data contained therein. Such document may include a | ||||||
| 9 | record of: current driver's license issuance information, | ||||||
| 10 | except that the information on judicial driving permits shall | ||||||
| 11 | be available only as otherwise provided by this Code; | ||||||
| 12 | convictions; orders entered revoking, suspending or cancelling | ||||||
| 13 | a driver's license or privilege; and notations of crash | ||||||
| 14 | involvement. All other information, unless otherwise permitted | ||||||
| 15 | by this Code, shall remain confidential. Information released | ||||||
| 16 | pursuant to a request for a driver's record shall not contain | ||||||
| 17 | personally identifying information, unless the request for the | ||||||
| 18 | driver's record was made for one of the purposes set forth in | ||||||
| 19 | subsection (f-5) of this Section. The Secretary of State may, | ||||||
| 20 | without fee, allow a parent or guardian of a person under the | ||||||
| 21 | age of 18 years, who holds an instruction permit or graduated | ||||||
| 22 | driver's license, to view that person's driving record online, | ||||||
| 23 | through a computer connection. The parent or guardian's online | ||||||
| 24 | access to the driving record will terminate when the | ||||||
| 25 | instruction permit or graduated driver's license holder | ||||||
| 26 | reaches the age of 18. | ||||||
| |||||||
| |||||||
| 1 | 2. The Secretary of State shall not disclose or otherwise | ||||||
| 2 | make available to any person or entity any highly restricted | ||||||
| 3 | personal information obtained by the Secretary of State in | ||||||
| 4 | connection with a driver's license, vehicle, or title | ||||||
| 5 | registration record unless specifically authorized by this | ||||||
| 6 | Code. The Secretary of State may certify an abstract of a | ||||||
| 7 | driver's record upon written request therefor. Such | ||||||
| 8 | certification shall be made under the signature of the | ||||||
| 9 | Secretary of State and shall be authenticated by the Seal of | ||||||
| 10 | his office. | ||||||
| 11 | 3. All requests for driving record information shall be | ||||||
| 12 | made in a manner prescribed by the Secretary and shall set | ||||||
| 13 | forth the intended use of the requested information. | ||||||
| 14 | The Secretary of State may notify the affected driver of | ||||||
| 15 | the request for purchase of his driver's record as the | ||||||
| 16 | Secretary deems appropriate. | ||||||
| 17 | No information shall be released to the requester until | ||||||
| 18 | expiration of a 10-day period. This 10-day period shall not | ||||||
| 19 | apply to requests for information made by law enforcement | ||||||
| 20 | officials, government agencies, financial institutions, | ||||||
| 21 | attorneys, insurers, employers, automobile associated | ||||||
| 22 | businesses, persons licensed as a private detective or firms | ||||||
| 23 | licensed as a private detective agency under the Private | ||||||
| 24 | Detective, Private Alarm, Private Security, Fingerprint | ||||||
| 25 | Vendor, and Locksmith Act of 2004, who are employed by or are | ||||||
| 26 | acting on behalf of law enforcement officials, government | ||||||
| |||||||
| |||||||
| 1 | agencies, financial institutions, attorneys, insurers, | ||||||
| 2 | employers, automobile associated businesses, and other | ||||||
| 3 | business entities for purposes consistent with the Illinois | ||||||
| 4 | Vehicle Code, the affected driver or other entities as the | ||||||
| 5 | Secretary may exempt by rule and regulation. | ||||||
| 6 | Any misrepresentation made by a requester of driver | ||||||
| 7 | information shall be punishable as a petty offense, except in | ||||||
| 8 | the case of persons licensed as a private detective or firms | ||||||
| 9 | licensed as a private detective agency which shall be subject | ||||||
| 10 | to disciplinary sanctions under Section 40-10 of the Private | ||||||
| 11 | Detective, Private Alarm, Private Security, Fingerprint | ||||||
| 12 | Vendor, and Locksmith Act of 2004. | ||||||
| 13 | 4. The Secretary of State may furnish without fee, upon | ||||||
| 14 | the written request of a law enforcement agency, any | ||||||
| 15 | information from a driver's record on file with the Secretary | ||||||
| 16 | of State when such information is required in the enforcement | ||||||
| 17 | of this Code or any other law relating to the operation of | ||||||
| 18 | motor vehicles, including records of dispositions; documented | ||||||
| 19 | information involving the use of a motor vehicle; whether such | ||||||
| 20 | individual has, or previously had, a driver's license; and the | ||||||
| 21 | address and personal description as reflected on said driver's | ||||||
| 22 | record. | ||||||
| 23 | 5. Except as otherwise provided in this Section, the | ||||||
| 24 | Secretary of State may furnish, without fee, information from | ||||||
| 25 | an individual driver's record on file, if a written request | ||||||
| 26 | therefor is submitted by any public transit system or | ||||||
| |||||||
| |||||||
| 1 | authority, public defender, law enforcement agency, a state or | ||||||
| 2 | federal agency, or an Illinois local intergovernmental | ||||||
| 3 | association, if the request is for the purpose of a background | ||||||
| 4 | check of applicants for employment with the requesting agency, | ||||||
| 5 | or for the purpose of an official investigation conducted by | ||||||
| 6 | the agency, or to determine a current address for the driver so | ||||||
| 7 | public funds can be recovered or paid to the driver, or for any | ||||||
| 8 | other purpose set forth in subsection (f-5) of this Section. | ||||||
| 9 | The Secretary may also furnish the courts a copy of an | ||||||
| 10 | abstract of a driver's record, without fee, subsequent to an | ||||||
| 11 | arrest for a violation of Section 11-501 or a similar | ||||||
| 12 | provision of a local ordinance. Such abstract may include | ||||||
| 13 | records of dispositions; documented information involving the | ||||||
| 14 | use of a motor vehicle as contained in the current file; | ||||||
| 15 | whether such individual has, or previously had, a driver's | ||||||
| 16 | license; and the address and personal description as reflected | ||||||
| 17 | on said driver's record. | ||||||
| 18 | 6. Any certified abstract issued by the Secretary of State | ||||||
| 19 | or transmitted electronically by the Secretary of State | ||||||
| 20 | pursuant to this Section, to a court or on request of a law | ||||||
| 21 | enforcement agency, for the record of a named person as to the | ||||||
| 22 | status of the person's driver's license shall be prima facie | ||||||
| 23 | evidence of the facts therein stated and if the name appearing | ||||||
| 24 | in such abstract is the same as that of a person named in an | ||||||
| 25 | information or warrant, such abstract shall be prima facie | ||||||
| 26 | evidence that the person named in such information or warrant | ||||||
| |||||||
| |||||||
| 1 | is the same person as the person named in such abstract and | ||||||
| 2 | shall be admissible for any prosecution under this Code and be | ||||||
| 3 | admitted as proof of any prior conviction or proof of records, | ||||||
| 4 | notices, or orders recorded on individual driving records | ||||||
| 5 | maintained by the Secretary of State. | ||||||
| 6 | 7. Subject to any restrictions contained in the Juvenile | ||||||
| 7 | Court Act of 1987, and upon receipt of a proper request and a | ||||||
| 8 | fee as set forth in Section 6-118, the Secretary of State shall | ||||||
| 9 | provide a driver's record or data contained therein to the | ||||||
| 10 | affected driver, or the affected driver's attorney, upon | ||||||
| 11 | verification. Such record shall contain all the information | ||||||
| 12 | referred to in paragraph 1 of this subsection (g) plus: any | ||||||
| 13 | recorded crash involvement as a driver; information recorded | ||||||
| 14 | pursuant to subsection (e) of Section 6-117 and paragraph (4) | ||||||
| 15 | of subsection (a) of Section 6-204 of this Code. All other | ||||||
| 16 | information, unless otherwise permitted by this Code, shall | ||||||
| 17 | remain confidential. | ||||||
| 18 | (h) The Secretary shall not disclose social security | ||||||
| 19 | numbers or any associated information obtained from the Social | ||||||
| 20 | Security Administration except pursuant to a written request | ||||||
| 21 | by, or with the prior written consent of, the individual | ||||||
| 22 | except: (1) to officers and employees of the Secretary who | ||||||
| 23 | have a need to know the social security numbers in performance | ||||||
| 24 | of their official duties, (2) to law enforcement officials for | ||||||
| 25 | a civil or criminal law enforcement investigation, and if an | ||||||
| 26 | officer of the law enforcement agency has made a written | ||||||
| |||||||
| |||||||
| 1 | request to the Secretary specifying the law enforcement | ||||||
| 2 | investigation for which the social security numbers are being | ||||||
| 3 | sought, though the Secretary retains the right to require | ||||||
| 4 | additional verification regarding the validity of the request, | ||||||
| 5 | (3) to the United States Department of Transportation, or any | ||||||
| 6 | other State, pursuant to the administration and enforcement of | ||||||
| 7 | the Commercial Motor Vehicle Safety Act of 1986 or | ||||||
| 8 | participation in State-to-State verification service, (4) | ||||||
| 9 | pursuant to the order of a court of competent jurisdiction, | ||||||
| 10 | (5) to the Department of Healthcare and Family Services | ||||||
| 11 | (formerly Department of Public Aid) for utilization in the | ||||||
| 12 | child support enforcement duties assigned to that Department | ||||||
| 13 | under provisions of the Illinois Public Aid Code after the | ||||||
| 14 | individual has received advanced meaningful notification of | ||||||
| 15 | what redisclosure is sought by the Secretary in accordance | ||||||
| 16 | with the federal Privacy Act, (5.5) to the Department of | ||||||
| 17 | Healthcare and Family Services and the Department of Human | ||||||
| 18 | Services solely for the purpose of verifying Illinois | ||||||
| 19 | residency where such residency is an eligibility requirement | ||||||
| 20 | for benefits under the Illinois Public Aid Code or any other | ||||||
| 21 | health benefit program administered by the Department of | ||||||
| 22 | Healthcare and Family Services or the Department of Human | ||||||
| 23 | Services, (6) to the Illinois Department of Revenue solely for | ||||||
| 24 | use by the Department in the collection of any tax or debt that | ||||||
| 25 | the Department of Revenue is authorized or required by law to | ||||||
| 26 | collect, provided that the Department shall not disclose the | ||||||
| |||||||
| |||||||
| 1 | social security number to any person or entity outside of the | ||||||
| 2 | Department, (7) to the Illinois Department of Veterans Affairs | ||||||
| 3 | for the purpose of confirming veteran status, or (8) the last 4 | ||||||
| 4 | digits to the Illinois State Board of Elections for purposes | ||||||
| 5 | of voter registration and as may be required pursuant to an | ||||||
| 6 | agreement for a multi-state voter registration list | ||||||
| 7 | maintenance system. If social security information is | ||||||
| 8 | disclosed by the Secretary in accordance with this Section, no | ||||||
| 9 | liability shall rest with the Office of the Secretary of State | ||||||
| 10 | or any of its officers or employees, as the information is | ||||||
| 11 | released for official purposes only. | ||||||
| 12 | (i) (Blank). | ||||||
| 13 | (j) Medical statements, or medical reports, and gender | ||||||
| 14 | designation forms received in the Secretary of State's Office | ||||||
| 15 | shall be confidential. Except as provided in this Section, no | ||||||
| 16 | confidential information may be open to public inspection or | ||||||
| 17 | the contents disclosed to anyone, except officers and | ||||||
| 18 | employees of the Secretary who have a need to know the | ||||||
| 19 | information contained in the medical reports and the Driver | ||||||
| 20 | License Medical Advisory Board, unless so directed by an order | ||||||
| 21 | of a court of competent jurisdiction. The Secretary may not | ||||||
| 22 | disclose or reveal the existence of any gender designation | ||||||
| 23 | form unless directed to do so by an order of a court of | ||||||
| 24 | competent jurisdiction. If the Secretary receives a medical | ||||||
| 25 | report regarding a driver that does not address a medical | ||||||
| 26 | condition contained in a previous medical report, the | ||||||
| |||||||
| |||||||
| 1 | Secretary may disclose the unaddressed medical condition to | ||||||
| 2 | the driver or his or her physician, or both, solely for the | ||||||
| 3 | purpose of submission of a medical report that addresses the | ||||||
| 4 | condition. | ||||||
| 5 | (k) Beginning July 1, 2023, disbursement of fees collected | ||||||
| 6 | under this Section shall be as follows: (1) of the $20 fee for | ||||||
| 7 | a driver's record, $11 shall be paid into the Secretary of | ||||||
| 8 | State Special Services Fund, and $6 shall be paid into the | ||||||
| 9 | General Revenue Fund; (2) 50% of the amounts collected under | ||||||
| 10 | subsection (b) shall be paid into the General Revenue Fund; | ||||||
| 11 | and (3) all remaining fees shall be disbursed under subsection | ||||||
| 12 | (g) of Section 2-119 of this Code. | ||||||
| 13 | (l) (Blank). | ||||||
| 14 | (m) Notations of crash involvement that may be disclosed | ||||||
| 15 | under this Section shall not include notations relating to | ||||||
| 16 | damage to a vehicle or other property being transported by a | ||||||
| 17 | tow truck. This information shall remain confidential, | ||||||
| 18 | provided that nothing in this subsection (m) shall limit | ||||||
| 19 | disclosure of any notification of crash involvement to any law | ||||||
| 20 | enforcement agency or official. | ||||||
| 21 | (n) Requests made by the news media for driver's license, | ||||||
| 22 | vehicle, or title registration information may be furnished | ||||||
| 23 | without charge or at a reduced charge, as determined by the | ||||||
| 24 | Secretary, when the specific purpose for requesting the | ||||||
| 25 | documents is deemed to be in the public interest. Waiver or | ||||||
| 26 | reduction of the fee is in the public interest if the principal | ||||||
| |||||||
| |||||||
| 1 | purpose of the request is to access and disseminate | ||||||
| 2 | information regarding the health, safety, and welfare or the | ||||||
| 3 | legal rights of the general public and is not for the principal | ||||||
| 4 | purpose of gaining a personal or commercial benefit. The | ||||||
| 5 | information provided pursuant to this subsection shall not | ||||||
| 6 | contain personally identifying information unless the | ||||||
| 7 | information is to be used for one of the purposes identified in | ||||||
| 8 | subsection (f-5) of this Section. | ||||||
| 9 | (o) The redisclosure of personally identifying information | ||||||
| 10 | obtained pursuant to this Section is prohibited, except to the | ||||||
| 11 | extent necessary to effectuate the purpose for which the | ||||||
| 12 | original disclosure of the information was permitted. | ||||||
| 13 | (p) The Secretary of State is empowered to adopt rules to | ||||||
| 14 | effectuate this Section. | ||||||
| 15 | (Source: P.A. 103-8, eff. 7-1-23; 104-234, eff. 8-15-25.) | ||||||
| 16 | (625 ILCS 5/6-106) (from Ch. 95 1/2, par. 6-106) | ||||||
| 17 | Sec. 6-106. Application for license or instruction permit. | ||||||
| 18 | (a) Every application for any permit or license authorized | ||||||
| 19 | to be issued under this Code shall be made upon a form | ||||||
| 20 | furnished by the Secretary of State. Every application shall | ||||||
| 21 | be accompanied by the proper fee and payment of such fee shall | ||||||
| 22 | entitle the applicant to not more than 3 attempts to pass the | ||||||
| 23 | examination within a period of one year after the date of | ||||||
| 24 | application. | ||||||
| 25 | (b) Every application shall state the legal name, zip | ||||||
| |||||||
| |||||||
| 1 | code, date of birth, sex, and residence address of the | ||||||
| 2 | applicant; briefly describe the applicant; state whether the | ||||||
| 3 | applicant has theretofore been licensed as a driver, and, if | ||||||
| 4 | so, when and by what state or country, and whether any such | ||||||
| 5 | license has ever been canceled, suspended, revoked or refused, | ||||||
| 6 | and, if so, the date and reason for such cancellation, | ||||||
| 7 | suspension, revocation or refusal; shall include an | ||||||
| 8 | affirmation by the applicant that all information set forth is | ||||||
| 9 | true and correct; and shall bear the applicant's signature. In | ||||||
| 10 | addition to the residence address, the Secretary may allow the | ||||||
| 11 | applicant to provide a mailing address. In the case of an | ||||||
| 12 | applicant who is a judicial officer, public official, or peace | ||||||
| 13 | officer, the Secretary may allow the applicant to provide an | ||||||
| 14 | office or work address in lieu of a residence or mailing | ||||||
| 15 | address. The application form may also require the statement | ||||||
| 16 | of such additional relevant information as the Secretary of | ||||||
| 17 | State shall deem necessary to determine the applicant's | ||||||
| 18 | competency and eligibility. The Secretary of State may, in his | ||||||
| 19 | discretion, by rule or regulation, provide that an application | ||||||
| 20 | for a driver's drivers license or permit may include a | ||||||
| 21 | suitable photograph of the applicant in the form prescribed by | ||||||
| 22 | the Secretary, and he may further provide that each driver's | ||||||
| 23 | drivers license shall include a photograph of the driver. The | ||||||
| 24 | Secretary of State may utilize a photograph process or system | ||||||
| 25 | most suitable to deter alteration or improper reproduction of | ||||||
| 26 | a driver's drivers license and to prevent substitution of | ||||||
| |||||||
| |||||||
| 1 | another photo thereon. For the purposes of this subsection | ||||||
| 2 | (b): | ||||||
| 3 | "Peace officer" means any person who by virtue of his or | ||||||
| 4 | her office or public employment is vested by law with a duty to | ||||||
| 5 | maintain public order or to make arrests for a violation of any | ||||||
| 6 | penal statute of this State, whether that duty extends to all | ||||||
| 7 | violations or is limited to specific violations. | ||||||
| 8 | "Public official" has the meaning given in Section 10 of | ||||||
| 9 | the Public Official Safety and Privacy Act. | ||||||
| 10 | (b-1) Every application shall state the social security | ||||||
| 11 | number of the applicant; except if the applicant is applying | ||||||
| 12 | for a standard driver's license and, on the date of | ||||||
| 13 | application, is ineligible for a social security number, then: | ||||||
| 14 | (1) if the applicant has documentation, issued by the | ||||||
| 15 | United States Department of Homeland Security, authorizing | ||||||
| 16 | the applicant's presence in this country, the applicant | ||||||
| 17 | shall provide such documentation instead of a social | ||||||
| 18 | security number; and | ||||||
| 19 | (2) if the applicant does not have documentation | ||||||
| 20 | described in paragraph (1), the applicant shall provide, | ||||||
| 21 | instead of a social security number, the following: | ||||||
| 22 | (A) documentation establishing that the applicant | ||||||
| 23 | has resided in this State for a period in excess of one | ||||||
| 24 | year; | ||||||
| 25 | (B) a passport validly issued to the applicant | ||||||
| 26 | from the applicant's country of citizenship or a | ||||||
| |||||||
| |||||||
| 1 | consular identification document validly issued to the | ||||||
| 2 | applicant by a consulate of that country as defined in | ||||||
| 3 | Section 5 of the Consular Identification Document Act, | ||||||
| 4 | as long as such documents are either unexpired or | ||||||
| 5 | presented by an applicant within 2 years of its | ||||||
| 6 | expiration date; and | ||||||
| 7 | (C) a social security card, if the applicant has a | ||||||
| 8 | social security number. | ||||||
| 9 | (b-3) The Upon the first issuance of a request for | ||||||
| 10 | proposals for a digital driver's license and identification | ||||||
| 11 | card issuance and facial recognition system issued after | ||||||
| 12 | January 1, 2020 (the effective date of Public Act 101-513), | ||||||
| 13 | and upon implementation of a new or revised system procured | ||||||
| 14 | pursuant to that request for proposals, the Secretary shall | ||||||
| 15 | permit applicants to choose between "male", "female" or "X" | ||||||
| 16 | "non-binary" when designating the applicant's sex on the | ||||||
| 17 | driver's license or permit application form or when changing | ||||||
| 18 | the sex listed on an issued driver's license or permit. The sex | ||||||
| 19 | designated by the applicant shall be displayed on the driver's | ||||||
| 20 | license or permit issued to the applicant. | ||||||
| 21 | For an initial driver's license or permit, an applicant | ||||||
| 22 | shall designate a sex on the application form. If the | ||||||
| 23 | applicant's documents used to establish identity include a sex | ||||||
| 24 | different than the sex the applicant has designated, then the | ||||||
| 25 | applicant must submit a gender designation form. | ||||||
| 26 | An applicant who wants to change the sex listed on an | ||||||
| |||||||
| |||||||
| 1 | issued driver's license or permit must submit a gender | ||||||
| 2 | designation form. | ||||||
| 3 | The gender designation form shall only request the | ||||||
| 4 | applicant's information, gender designation statement, | ||||||
| 5 | attestation, and signature or mark. The applicant's | ||||||
| 6 | information required on the form shall be limited to name as | ||||||
| 7 | reflected on the applicant's current driver's license or | ||||||
| 8 | identification card, if applicable; current driver's license | ||||||
| 9 | or identification card number, if applicable; and residential | ||||||
| 10 | address of the applicant. The gender designation statement | ||||||
| 11 | shall allow the applicant to designate a sex on the | ||||||
| 12 | applicant's driver's license or permit as "male", "female", or | ||||||
| 13 | "X". The attestation shall state that the applicant swears, | ||||||
| 14 | under the penalty of perjury, that the request for the | ||||||
| 15 | selected gender designation is to ensure that the applicant's | ||||||
| 16 | driver's license or permit accurately reflects the applicant's | ||||||
| 17 | gender identity and is not for a fraudulent or unlawful | ||||||
| 18 | purpose. | ||||||
| 19 | The Secretary of State shall not require any additional | ||||||
| 20 | question, documentation, support, certification, or | ||||||
| 21 | verification to change a gender marker. | ||||||
| 22 | The Secretary of State shall not require any documentation | ||||||
| 23 | other than the gender designation form to confirm the sex or | ||||||
| 24 | gender identity of the applicant. | ||||||
| 25 | (b-5) Every applicant for a REAL ID compliant driver's | ||||||
| 26 | license or permit shall provide proof of lawful status in the | ||||||
| |||||||
| |||||||
| 1 | United States as defined in 6 CFR 37.3, as amended. | ||||||
| 2 | (c) The application form shall include a notice to the | ||||||
| 3 | applicant of the registration obligations of sex offenders | ||||||
| 4 | under the Sex Offender Registration Act. The notice shall be | ||||||
| 5 | provided in a form and manner prescribed by the Secretary of | ||||||
| 6 | State. For purposes of this subsection (c), "sex offender" has | ||||||
| 7 | the meaning ascribed to it in Section 2 of the Sex Offender | ||||||
| 8 | Registration Act. | ||||||
| 9 | (d) Any male United States citizen or immigrant who | ||||||
| 10 | applies for any permit or license authorized to be issued | ||||||
| 11 | under this Code or for a renewal of any permit or license, and | ||||||
| 12 | who is at least 18 years of age but less than 26 years of age, | ||||||
| 13 | must be registered in compliance with the requirements of the | ||||||
| 14 | federal Military Selective Service Act. The Secretary of State | ||||||
| 15 | must forward in an electronic format the necessary personal | ||||||
| 16 | information regarding the applicants identified in this | ||||||
| 17 | subsection (d) to the Selective Service System. The | ||||||
| 18 | applicant's signature on the application serves as an | ||||||
| 19 | indication that the applicant either has already registered | ||||||
| 20 | with the Selective Service System or that he is authorizing | ||||||
| 21 | the Secretary to forward to the Selective Service System the | ||||||
| 22 | necessary information for registration. The Secretary must | ||||||
| 23 | notify the applicant at the time of application that his | ||||||
| 24 | signature constitutes consent to registration with the | ||||||
| 25 | Selective Service System, if he is not already registered. | ||||||
| 26 | (e) Beginning on or before July 1, 2015, for each original | ||||||
| |||||||
| |||||||
| 1 | or renewal driver's license application under this Code, the | ||||||
| 2 | Secretary shall inquire as to whether the applicant is a | ||||||
| 3 | veteran for purposes of issuing a driver's license with a | ||||||
| 4 | veteran designation under subsection (e-5) of Section 6-110 of | ||||||
| 5 | this Code. The acceptable forms of proof shall include, but | ||||||
| 6 | are not limited to, Department of Defense form DD-214, | ||||||
| 7 | Department of Defense form DD-256 for applicants who did not | ||||||
| 8 | receive a form DD-214 upon the completion of initial basic | ||||||
| 9 | training, Department of Defense form DD-2 (Retired), an | ||||||
| 10 | identification card issued under the federal Veterans | ||||||
| 11 | Identification Card Act of 2015, or a United States Department | ||||||
| 12 | of Veterans Affairs summary of benefits letter. If the | ||||||
| 13 | document cannot be stamped, the Illinois Department of | ||||||
| 14 | Veterans Affairs shall provide a certificate to the veteran to | ||||||
| 15 | provide to the Secretary of State. The Illinois Department of | ||||||
| 16 | Veterans Affairs shall advise the Secretary as to what other | ||||||
| 17 | forms of proof of a person's status as a veteran are | ||||||
| 18 | acceptable. | ||||||
| 19 | For each applicant who is issued a driver's license with a | ||||||
| 20 | veteran designation, the Secretary shall provide the | ||||||
| 21 | Department of Veterans Affairs with the applicant's name, | ||||||
| 22 | address, date of birth, gender and such other demographic | ||||||
| 23 | information as agreed to by the Secretary and the Department. | ||||||
| 24 | The Department may take steps necessary to confirm the | ||||||
| 25 | applicant is a veteran. If after due diligence, including | ||||||
| 26 | writing to the applicant at the address provided by the | ||||||
| |||||||
| |||||||
| 1 | Secretary, the Department is unable to verify the applicant's | ||||||
| 2 | veteran status, the Department shall inform the Secretary, who | ||||||
| 3 | shall notify the applicant that he or she must confirm status | ||||||
| 4 | as a veteran, or the driver's license will be canceled. | ||||||
| 5 | For purposes of this subsection (e): | ||||||
| 6 | "Armed forces" means any of the Armed Forces of the United | ||||||
| 7 | States, including a member of any reserve component or | ||||||
| 8 | National Guard unit. | ||||||
| 9 | "Veteran" means a person who has served in the armed | ||||||
| 10 | forces and was discharged or separated under honorable | ||||||
| 11 | conditions. | ||||||
| 12 | (f) An applicant who is eligible for Gold Star license | ||||||
| 13 | plates under Section 3-664 of this Code may apply for an | ||||||
| 14 | original or renewal driver's license with space for a | ||||||
| 15 | designation as a Gold Star Family. The Secretary may waive any | ||||||
| 16 | fee for this application. If the Secretary does not waive the | ||||||
| 17 | fee, any fee charged to the applicant must be deposited into | ||||||
| 18 | the Illinois Veterans Assistance Fund. The Secretary is | ||||||
| 19 | authorized to issue rules to implement this subsection. | ||||||
| 20 | (Source: P.A. 103-210, eff. 7-1-24; 103-933, eff. 1-1-25; | ||||||
| 21 | 104-234, eff. 8-15-25; 104-443, eff. 1-1-26.)". | ||||||
