Bill Text: IL SB1891 | 2011-2012 | 97th General Assembly | Introduced

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Bill Title: Amends the Illinois Identification Card Act and Illinois Vehicle Code to provide that: the Secretary of State must inquire as to whether an applicant for a State identification card or driver's license is a veteran for purposes of issuing a State identification card or driver's license with a veteran designation; the Secretary shall determine by rule what forms of proof of a person's status as a veteran are acceptable; and the Secretary may disclose an individual's social security number or associated information to the Illinois Department of Veterans' Affairs for the purpose of confirming veteran status. Defines "veteran" and other terms. Effective January 1, 2012.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Failed) 2013-01-08 - Session Sine Die [SB1891 Detail]

Download: Illinois-2011-SB1891-Introduced.html

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97TH GENERAL ASSEMBLY State of Illinois 2011 and 2012 SB1891 Introduced 2/10/2011, by Sen. Pamela J. Althoff - David Luechtefeld SYNOPSIS AS INTRODUCED:
15 ILCS 335/4 from Ch. 124, par. 24
15 ILCS 335/5 from Ch. 124, par. 25
15 ILCS 335/11 from Ch. 124, par. 31
625 ILCS 5/2-123 from Ch. 95 1/2, par. 2-123
625 ILCS 5/6-106 from Ch. 95 1/2, par. 6-106
625 ILCS 5/6-110 from Ch. 95 1/2, par. 6-110
Amends the Illinois Identification Card Act and Illinois Vehicle Code to provide that: the Secretary of State must inquire as to whether an applicant for a State identification card or driver's license is a veteran for purposes of issuing a State identification card or driver's license with a veteran designation; the Secretary shall determine by rule what forms of proof of a person's status as a veteran are acceptable; and the Secretary may disclose an individual's social security number or associated information to the Illinois Department of Veterans' Affairs for the purpose of confirming veteran status. Defines "veteran" and other terms. Effective January 1, 2012.
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FISCAL NOTE ACT MAY APPLY
A BILL FOR
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AN ACT concerning the Secretary of State.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Identification Card Act is amended
by changing Sections 4, 5, and 11 as follows:
(15 ILCS 335/4) (from Ch. 124, par. 24)
Sec. 4. Identification Card.
(a) The Secretary of State shall issue a standard Illinois
Identification Card to any natural person who is a resident of
the State of Illinois who applies for such card, or renewal
thereof, or who applies for a standard Illinois Identification
Card upon release as a committed person on parole, mandatory
supervised release, final discharge, or pardon from the
Department of Corrections by submitting an identification card
issued by the Department of Corrections under Section 3-14-1 of
the Unified Code of Corrections, together with the prescribed
fees. No identification card shall be issued to any person who
holds a valid foreign state identification card, license, or
permit unless the person first surrenders to the Secretary of
State the valid foreign state identification card, license, or
permit. The card shall be prepared and supplied by the
Secretary of State and shall include a photograph and signature
or mark of the applicant. The Illinois Identification Card may

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be used for identification purposes in any lawful situation
only by the person to whom it was issued. As used in this Act,
"photograph" means any color photograph or digitally produced
and captured image of an applicant for an identification card.
As used in this Act, "signature" means the name of a person as
written by that person and captured in a manner acceptable to
the Secretary of State.
(a-5) If an applicant for an identification card has a
current driver's license or instruction permit issued by the
Secretary of State, the Secretary may require the applicant to
utilize the same residence address and name on the
identification card, driver's license, and instruction permit
records maintained by the Secretary. The Secretary may
promulgate rules to implement this provision.
(b) The Secretary of State shall issue a special Illinois
Identification Card, which shall be known as an Illinois
Disabled Person Identification Card, to any natural person who
is a resident of the State of Illinois, who is a disabled
person as defined in Section 4A of this Act, who applies for
such card, or renewal thereof. No Disabled Person
Identification Card shall be issued to any person who holds a
valid foreign state identification card, license, or permit
unless the person first surrenders to the Secretary of State
the valid foreign state identification card, license, or
permit. The Secretary of State shall charge no fee to issue
such card. The card shall be prepared and supplied by the

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Secretary of State, and shall include a photograph and
signature or mark of the applicant, a designation indicating
that the card is an Illinois Disabled Person Identification
Card, and shall include a comprehensible designation of the
type and classification of the applicant's disability as set
out in Section 4A of this Act. If the applicant so requests,
the card shall include a description of the applicant's
disability and any information about the applicant's
disability or medical history which the Secretary determines
would be helpful to the applicant in securing emergency medical
care. If a mark is used in lieu of a signature, such mark shall
be affixed to the card in the presence of two witnesses who
attest to the authenticity of the mark. The Illinois Disabled
Person Identification Card may be used for identification
purposes in any lawful situation by the person to whom it was
issued.
The Illinois Disabled Person Identification Card may be
used as adequate documentation of disability in lieu of a
physician's determination of disability, a determination of
disability from a physician assistant who has been delegated
the authority to make this determination by his or her
supervising physician, a determination of disability from an
advanced practice nurse who has a written collaborative
agreement with a collaborating physician that authorizes the
advanced practice nurse to make this determination, or any
other documentation of disability whenever any State law

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requires that a disabled person provide such documentation of
disability, however an Illinois Disabled Person Identification
Card shall not qualify the cardholder to participate in any
program or to receive any benefit which is not available to all
persons with like disabilities. Notwithstanding any other
provisions of law, an Illinois Disabled Person Identification
Card, or evidence that the Secretary of State has issued an
Illinois Disabled Person Identification Card, shall not be used
by any person other than the person named on such card to prove
that the person named on such card is a disabled person or for
any other purpose unless the card is used for the benefit of
the person named on such card, and the person named on such
card consents to such use at the time the card is so used.
An optometrist's determination of a visual disability
under Section 4A of this Act is acceptable as documentation for
the purpose of issuing an Illinois Disabled Person
Identification Card.
When medical information is contained on an Illinois
Disabled Person Identification Card, the Office of the
Secretary of State shall not be liable for any actions taken
based upon that medical information.
(c) Beginning January 1, 1986, the Secretary of State shall
provide that each original or renewal Illinois Identification
Card or Illinois Disabled Person Identification Card issued to
a person under the age of 21, shall be of a distinct nature
from those Illinois Identification Cards or Illinois Disabled

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Person Identification Cards issued to individuals 21 years of
age or older. The color designated for Illinois Identification
Cards or Illinois Disabled Person Identification Cards for
persons under the age of 21 shall be at the discretion of the
Secretary of State.
(c-1) Beginning January 1, 2003, each original or renewal
Illinois Identification Card or Illinois Disabled Person
Identification Card issued to a person under the age of 21
shall display the date upon which the person becomes 18 years
of age and the date upon which the person becomes 21 years of
age.
(c-5) The Secretary of State shall designate a space on
each original or renewal identification card where, at the
request of the applicant, the word "veteran" shall be placed.
The veteran designation shall be available to a person
identified as a veteran pursuant to subsection (b) of Section 5
of this Act who was discharged or separated under honorable
conditions.
(d) The Secretary of State may issue a Senior Citizen
discount card, to any natural person who is a resident of the
State of Illinois who is 60 years of age or older and who
applies for such a card or renewal thereof. The Secretary of
State shall charge no fee to issue such card. The card shall be
issued in every county and applications shall be made available
at, but not limited to, nutrition sites, senior citizen centers
and Area Agencies on Aging. The applicant, upon receipt of such

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card and prior to its use for any purpose, shall have affixed
thereon in the space provided therefor his signature or mark.
(e) The Secretary of State, in his or her discretion, may
designate on each Illinois Identification Card or Illinois
Disabled Person Identification Card a space where the card
holder may place a sticker or decal, issued by the Secretary of
State, of uniform size as the Secretary may specify, that shall
indicate in appropriate language that the card holder has
renewed his or her Illinois Identification Card or Illinois
Disabled Person Identification Card.
(Source: P.A. 95-762, eff. 1-1-09; 95-779, eff. 1-1-09; 96-146,
eff. 1-1-10; 96-328, eff. 8-11-09; 96-1231, eff. 7-23-10.)
(15 ILCS 335/5) (from Ch. 124, par. 25)
Sec. 5. Applications.
(a) Any natural person who is a resident of the State of
Illinois, may file an application for an identification card or
for the renewal thereof, in a manner prescribed by the
Secretary. Each original application shall be completed by the
applicant in full and shall set forth the legal name, residence
address and zip code, social security number, birth date, sex
and a brief description of the applicant. The applicant shall
be photographed and he shall also submit any other information
as the Secretary may deem necessary or such documentation as
the Secretary may require to determine the identity of the
applicant. In addition to the residence address, the Secretary

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may allow the applicant to provide a mailing address. An
applicant for a disabled persons card must also submit with
each original or renewal application, on forms prescribed by
the Secretary, such documentation as the Secretary may require,
establishing that the applicant is a "disabled person" as
defined in Section 4A of this Act, and setting forth the
applicant's type and class of disability as set forth in
Section 4A of this Act.
(b) For each original or renewal identification card
application under this Act, the Secretary shall inquire as to
whether the applicant is a veteran for purposes of issuing an
identification card with a veteran designation under
subsection (c-5) of Section 4 of this Act. The acceptable forms
of proof shall include, but are not limited to, Department of
Defense form DD-214. The Secretary shall determine by rule what
other forms of proof of a person's status as a veteran are
acceptable.
For purposes of this subsection (b):
"Active duty" means active duty pursuant to an executive
order of the President of the United States, an Act of the
Congress of the United States, or an order of the Governor.
"Armed forces" means any of the Armed Forces of the United
States, including a member of any reserve component thereof or
National Guard unit called to active duty.
"Veteran" means a person who has served on active duty in
the armed forces of the United States and was discharged or

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separated under honorable conditions.
(Source: P.A. 96-1231, eff. 7-23-10.)
(15 ILCS 335/11) (from Ch. 124, par. 31)
Sec. 11. The Secretary may make a search of his records and
furnish information as to whether a person has a current
Standard Illinois Identification Card or an Illinois Disabled
Person Identification Card then on file, upon receipt of a
written application therefor accompanied with the prescribed
fee. However, the Secretary may not disclose medical
information concerning an individual to any person, public
agency, private agency, corporation or governmental body
unless the individual has submitted a written request for the
information or unless the individual has given prior written
consent for the release of the information to a specific person
or entity. This exception shall not apply to: (1) offices and
employees of the Secretary who have a need to know the medical
information in performance of their official duties, or (2)
orders of a court of competent jurisdiction. When medical
information is disclosed by the Secretary in accordance with
the provisions of this Section, no liability shall rest with
the Office of the Secretary of State as the information is
released for informational purposes only.
The Secretary may release personally identifying
information or highly restricted personal information only to:
(1) officers and employees of the Secretary who have a

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need to know that information;
(2) other governmental agencies for use in their
official governmental functions;
(3) law enforcement agencies that need the information
for a criminal or civil investigation; or
(4) any entity that the Secretary has authorized, by
rule, to receive this information.
The Secretary may not disclose an individual's social
security number or any associated information obtained from the
Social Security Administration without the written request or
consent of the individual except: (i) to officers and employees
of the Secretary who have a need to know the social security
number in the performance of their official duties; (ii) to law
enforcement officials for a lawful civil or criminal law
enforcement investigation if the head of the law enforcement
agency has made a written request to the Secretary specifying
the law enforcement investigation for which the social security
number is being sought; or (iii) under a lawful court order
signed by a judge; or (iv) to the Illinois Department of
Veterans' Affairs for the purpose of confirming veteran status.
(Source: P.A. 93-895, eff. 1-1-05.)
Section 10. The Illinois Vehicle Code is amended by
changing Sections 2-123, 6-106, and 6-110 as follows:
(625 ILCS 5/2-123) (from Ch. 95 1/2, par. 2-123)

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Sec. 2-123. Sale and Distribution of Information.
(a) Except as otherwise provided in this Section, the
Secretary may make the driver's license, vehicle and title
registration lists, in part or in whole, and any statistical
information derived from these lists available to local
governments, elected state officials, state educational
institutions, and all other governmental units of the State and
Federal Government requesting them for governmental purposes.
The Secretary shall require any such applicant for services to
pay for the costs of furnishing such services and the use of
the equipment involved, and in addition is empowered to
establish prices and charges for the services so furnished and
for the use of the electronic equipment utilized.
(b) The Secretary is further empowered to and he may, in
his discretion, furnish to any applicant, other than listed in
subsection (a) of this Section, vehicle or driver data on a
computer tape, disk, other electronic format or computer
processable medium, or printout at a fixed fee of $250 for
orders received before October 1, 2003 and $500 for orders
received on or after October 1, 2003, in advance, and require
in addition a further sufficient deposit based upon the
Secretary of State's estimate of the total cost of the
information requested and a charge of $25 for orders received
before October 1, 2003 and $50 for orders received on or after
October 1, 2003, per 1,000 units or part thereof identified or
the actual cost, whichever is greater. The Secretary is

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authorized to refund any difference between the additional
deposit and the actual cost of the request. This service shall
not be in lieu of an abstract of a driver's record nor of a
title or registration search. This service may be limited to
entities purchasing a minimum number of records as required by
administrative rule. The information sold pursuant to this
subsection shall be the entire vehicle or driver data list, or
part thereof. The information sold pursuant to this subsection
shall not contain personally identifying information unless
the information is to be used for one of the purposes
identified in subsection (f-5) of this Section. Commercial
purchasers of driver and vehicle record databases shall enter
into a written agreement with the Secretary of State that
includes disclosure of the commercial use of the information to
be purchased.
(b-1) The Secretary is further empowered to and may, in his
or her discretion, furnish vehicle or driver data on a computer
tape, disk, or other electronic format or computer processible
medium, at no fee, to any State or local governmental agency
that uses the information provided by the Secretary to transmit
data back to the Secretary that enables the Secretary to
maintain accurate driving records, including dispositions of
traffic cases. This information may be provided without fee not
more often than once every 6 months.
(c) Secretary of State may issue registration lists. The
Secretary of State may compile a list of all registered

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vehicles. Each list of registered vehicles shall be arranged
serially according to the registration numbers assigned to
registered vehicles and may contain in addition the names and
addresses of registered owners and a brief description of each
vehicle including the serial or other identifying number
thereof. Such compilation may be in such form as in the
discretion of the Secretary of State may seem best for the
purposes intended.
(d) The Secretary of State shall furnish no more than 2
current available lists of such registrations to the sheriffs
of all counties and to the chiefs of police of all cities and
villages and towns of 2,000 population and over in this State
at no cost. Additional copies may be purchased by the sheriffs
or chiefs of police at the fee of $500 each or at the cost of
producing the list as determined by the Secretary of State.
Such lists are to be used for governmental purposes only.
(e) (Blank).
(e-1) (Blank).
(f) The Secretary of State shall make a title or
registration search of the records of his office and a written
report on the same for any person, upon written application of
such person, accompanied by a fee of $5 for each registration
or title search. The written application shall set forth the
intended use of the requested information. No fee shall be
charged for a title or registration search, or for the
certification thereof requested by a government agency. The

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report of the title or registration search shall not contain
personally identifying information unless the request for a
search was made for one of the purposes identified in
subsection (f-5) of this Section. The report of the title or
registration search shall not contain highly restricted
personal information unless specifically authorized by this
Code.
The Secretary of State shall certify a title or
registration record upon written request. The fee for
certification shall be $5 in addition to the fee required for a
title or registration search. Certification shall be made under
the signature of the Secretary of State and shall be
authenticated by Seal of the Secretary of State.
The Secretary of State may notify the vehicle owner or
registrant of the request for purchase of his title or
registration information as the Secretary deems appropriate.
No information shall be released to the requestor until
expiration of a 10 day period. This 10 day period shall not
apply to requests for information made by law enforcement
officials, government agencies, financial institutions,
attorneys, insurers, employers, automobile associated
businesses, persons licensed as a private detective or firms
licensed as a private detective agency under the Private
Detective, Private Alarm, Private Security, Fingerprint
Vendor, and Locksmith Act of 2004, who are employed by or are
acting on behalf of law enforcement officials, government

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agencies, financial institutions, attorneys, insurers,
employers, automobile associated businesses, and other
business entities for purposes consistent with the Illinois
Vehicle Code, the vehicle owner or registrant or other entities
as the Secretary may exempt by rule and regulation.
Any misrepresentation made by a requestor of title or
vehicle information shall be punishable as a petty offense,
except in the case of persons licensed as a private detective
or firms licensed as a private detective agency which shall be
subject to disciplinary sanctions under Section 40-10 of the
Private Detective, Private Alarm, Private Security,
Fingerprint Vendor, and Locksmith Act of 2004.
(f-5) The Secretary of State shall not disclose or
otherwise make available to any person or entity any personally
identifying information obtained by the Secretary of State in
connection with a driver's license, vehicle, or title
registration record unless the information is disclosed for one
of the following purposes:
(1) For use by any government agency, including any
court or law enforcement agency, in carrying out its
functions, or any private person or entity acting on behalf
of a federal, State, or local agency in carrying out its
functions.
(2) For use in connection with matters of motor vehicle
or driver safety and theft; motor vehicle emissions; motor
vehicle product alterations, recalls, or advisories;

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performance monitoring of motor vehicles, motor vehicle
parts, and dealers; and removal of non-owner records from
the original owner records of motor vehicle manufacturers.
(3) For use in the normal course of business by a
legitimate business or its agents, employees, or
contractors, but only:
(A) to verify the accuracy of personal information
submitted by an individual to the business or its
agents, employees, or contractors; and
(B) if such information as so submitted is not
correct or is no longer correct, to obtain the correct
information, but only for the purposes of preventing
fraud by, pursuing legal remedies against, or
recovering on a debt or security interest against, the
individual.
(4) For use in research activities and for use in
producing statistical reports, if the personally
identifying information is not published, redisclosed, or
used to contact individuals.
(5) For use in connection with any civil, criminal,
administrative, or arbitral proceeding in any federal,
State, or local court or agency or before any
self-regulatory body, including the service of process,
investigation in anticipation of litigation, and the
execution or enforcement of judgments and orders, or
pursuant to an order of a federal, State, or local court.

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(6) For use by any insurer or insurance support
organization or by a self-insured entity or its agents,
employees, or contractors in connection with claims
investigation activities, antifraud activities, rating, or
underwriting.
(7) For use in providing notice to the owners of towed
or impounded vehicles.
(8) For use by any person licensed as a private
detective or firm licensed as a private detective agency
under the Private Detective, Private Alarm, Private
Security, Fingerprint Vendor, and Locksmith Act of 2004,
private investigative agency or security service licensed
in Illinois for any purpose permitted under this
subsection.
(9) For use by an employer or its agent or insurer to
obtain or verify information relating to a holder of a
commercial driver's license that is required under chapter
313 of title 49 of the United States Code.
(10) For use in connection with the operation of
private toll transportation facilities.
(11) For use by any requester, if the requester
demonstrates it has obtained the written consent of the
individual to whom the information pertains.
(12) For use by members of the news media, as defined
in Section 1-148.5, for the purpose of newsgathering when
the request relates to the operation of a motor vehicle or

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public safety.
(13) For any other use specifically authorized by law,
if that use is related to the operation of a motor vehicle
or public safety.
(f-6) The Secretary of State shall not disclose or
otherwise make available to any person or entity any highly
restricted personal information obtained by the Secretary of
State in connection with a driver's license, vehicle, or title
registration record unless specifically authorized by this
Code.
(g) 1. The Secretary of State may, upon receipt of a
written request and a fee of $6 before October 1, 2003 and
a fee of $12 on and after October 1, 2003, furnish to the
person or agency so requesting a driver's record. Such
document may include a record of: current driver's license
issuance information, except that the information on
judicial driving permits shall be available only as
otherwise provided by this Code; convictions; orders
entered revoking, suspending or cancelling a driver's
license or privilege; and notations of accident
involvement. All other information, unless otherwise
permitted by this Code, shall remain confidential.
Information released pursuant to a request for a driver's
record shall not contain personally identifying
information, unless the request for the driver's record was
made for one of the purposes set forth in subsection (f-5)

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of this Section. The Secretary of State may, without fee,
allow a parent or guardian of a person under the age of 18
years, who holds an instruction permit or graduated
driver's license, to view that person's driving record
online, through a computer connection. The parent or
guardian's online access to the driving record will
terminate when the instruction permit or graduated
driver's license holder reaches the age of 18.
2. The Secretary of State shall not disclose or
otherwise make available to any person or entity any highly
restricted personal information obtained by the Secretary
of State in connection with a driver's license, vehicle, or
title registration record unless specifically authorized
by this Code. The Secretary of State may certify an
abstract of a driver's record upon written request
therefor. Such certification shall be made under the
signature of the Secretary of State and shall be
authenticated by the Seal of his office.
3. All requests for driving record information shall be
made in a manner prescribed by the Secretary and shall set
forth the intended use of the requested information.
The Secretary of State may notify the affected driver
of the request for purchase of his driver's record as the
Secretary deems appropriate.
No information shall be released to the requester until
expiration of a 10 day period. This 10 day period shall not

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apply to requests for information made by law enforcement
officials, government agencies, financial institutions,
attorneys, insurers, employers, automobile associated
businesses, persons licensed as a private detective or
firms licensed as a private detective agency under the
Private Detective, Private Alarm, Private Security,
Fingerprint Vendor, and Locksmith Act of 2004, who are
employed by or are acting on behalf of law enforcement
officials, government agencies, financial institutions,
attorneys, insurers, employers, automobile associated
businesses, and other business entities for purposes
consistent with the Illinois Vehicle Code, the affected
driver or other entities as the Secretary may exempt by
rule and regulation.
Any misrepresentation made by a requestor of driver
information shall be punishable as a petty offense, except
in the case of persons licensed as a private detective or
firms licensed as a private detective agency which shall be
subject to disciplinary sanctions under Section 40-10 of
the Private Detective, Private Alarm, Private Security,
Fingerprint Vendor, and Locksmith Act of 2004.
4. The Secretary of State may furnish without fee, upon
the written request of a law enforcement agency, any
information from a driver's record on file with the
Secretary of State when such information is required in the
enforcement of this Code or any other law relating to the

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operation of motor vehicles, including records of
dispositions; documented information involving the use of
a motor vehicle; whether such individual has, or previously
had, a driver's license; and the address and personal
description as reflected on said driver's record.
5. Except as otherwise provided in this Section, the
Secretary of State may furnish, without fee, information
from an individual driver's record on file, if a written
request therefor is submitted by any public transit system
or authority, public defender, law enforcement agency, a
state or federal agency, or an Illinois local
intergovernmental association, if the request is for the
purpose of a background check of applicants for employment
with the requesting agency, or for the purpose of an
official investigation conducted by the agency, or to
determine a current address for the driver so public funds
can be recovered or paid to the driver, or for any other
purpose set forth in subsection (f-5) of this Section.
The Secretary may also furnish the courts a copy of an
abstract of a driver's record, without fee, subsequent to
an arrest for a violation of Section 11-501 or a similar
provision of a local ordinance. Such abstract may include
records of dispositions; documented information involving
the use of a motor vehicle as contained in the current
file; whether such individual has, or previously had, a
driver's license; and the address and personal description

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as reflected on said driver's record.
6. Any certified abstract issued by the Secretary of
State or transmitted electronically by the Secretary of
State pursuant to this Section, to a court or on request of
a law enforcement agency, for the record of a named person
as to the status of the person's driver's license shall be
prima facie evidence of the facts therein stated and if the
name appearing in such abstract is the same as that of a
person named in an information or warrant, such abstract
shall be prima facie evidence that the person named in such
information or warrant is the same person as the person
named in such abstract and shall be admissible for any
prosecution under this Code and be admitted as proof of any
prior conviction or proof of records, notices, or orders
recorded on individual driving records maintained by the
Secretary of State.
7. Subject to any restrictions contained in the
Juvenile Court Act of 1987, and upon receipt of a proper
request and a fee of $6 before October 1, 2003 and a fee of
$12 on or after October 1, 2003, the Secretary of State
shall provide a driver's record to the affected driver, or
the affected driver's attorney, upon verification. Such
record shall contain all the information referred to in
paragraph 1 of this subsection (g) plus: any recorded
accident involvement as a driver; information recorded
pursuant to subsection (e) of Section 6-117 and paragraph

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(4) of subsection (a) of Section 6-204 of this Code. All
other information, unless otherwise permitted by this
Code, shall remain confidential.
(h) The Secretary shall not disclose social security
numbers or any associated information obtained from the Social
Security Administration except pursuant to a written request
by, or with the prior written consent of, the individual
except: (1) to officers and employees of the Secretary who have
a need to know the social security numbers in performance of
their official duties, (2) to law enforcement officials for a
lawful, civil or criminal law enforcement investigation, and if
the head of the law enforcement agency has made a written
request to the Secretary specifying the law enforcement
investigation for which the social security numbers are being
sought, (3) to the United States Department of Transportation,
or any other State, pursuant to the administration and
enforcement of the Commercial Motor Vehicle Safety Act of 1986,
(4) pursuant to the order of a court of competent jurisdiction,
(5) to the Department of Healthcare and Family Services
(formerly Department of Public Aid) for utilization in the
child support enforcement duties assigned to that Department
under provisions of the Illinois Public Aid Code after the
individual has received advanced meaningful notification of
what redisclosure is sought by the Secretary in accordance with
the federal Privacy Act, or (6) to the Illinois Department of
Revenue solely for use by the Department in the collection of

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any tax or debt that the Department of Revenue is authorized or
required by law to collect, provided that the Department shall
not disclose the social security number to any person or entity
outside of the Department, or (7) to the Illinois Department of
Veterans' Affairs for the purpose of confirming veteran status.
(i) (Blank).
(j) Medical statements or medical reports received in the
Secretary of State's Office shall be confidential. No
confidential information may be open to public inspection or
the contents disclosed to anyone, except officers and employees
of the Secretary who have a need to know the information
contained in the medical reports and the Driver License Medical
Advisory Board, unless so directed by an order of a court of
competent jurisdiction.
(k) All fees collected under this Section shall be paid
into the Road Fund of the State Treasury, except that (i) for
fees collected before October 1, 2003, $3 of the $6 fee for a
driver's record shall be paid into the Secretary of State
Special Services Fund, (ii) for fees collected on and after
October 1, 2003, of the $12 fee for a driver's record, $3 shall
be paid into the Secretary of State Special Services Fund and
$6 shall be paid into the General Revenue Fund, and (iii) for
fees collected on and after October 1, 2003, 50% of the amounts
collected pursuant to subsection (b) shall be paid into the
General Revenue Fund.
(l) (Blank).

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(m) Notations of accident involvement that may be disclosed
under this Section shall not include notations relating to
damage to a vehicle or other property being transported by a
tow truck. This information shall remain confidential,
provided that nothing in this subsection (m) shall limit
disclosure of any notification of accident involvement to any
law enforcement agency or official.
(n) Requests made by the news media for driver's license,
vehicle, or title registration information may be furnished
without charge or at a reduced charge, as determined by the
Secretary, when the specific purpose for requesting the
documents is deemed to be in the public interest. Waiver or
reduction of the fee is in the public interest if the principal
purpose of the request is to access and disseminate information
regarding the health, safety, and welfare or the legal rights
of the general public and is not for the principal purpose of
gaining a personal or commercial benefit. The information
provided pursuant to this subsection shall not contain
personally identifying information unless the information is
to be used for one of the purposes identified in subsection
(f-5) of this Section.
(o) The redisclosure of personally identifying information
obtained pursuant to this Section is prohibited, except to the
extent necessary to effectuate the purpose for which the
original disclosure of the information was permitted.
(p) The Secretary of State is empowered to adopt rules to

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effectuate this Section.
(Source: P.A. 95-201, eff. 1-1-08; 95-287, eff. 1-1-08; 95-331,
eff. 8-21-07; 95-613, eff. 9-11-07; 95-876, eff. 8-21-08;
96-1383, eff. 1-1-11.)
(625 ILCS 5/6-106) (from Ch. 95 1/2, par. 6-106)
Sec. 6-106. Application for license or instruction permit.
(a) Every application for any permit or license authorized
to be issued under this Act shall be made upon a form furnished
by the Secretary of State. Every application shall be
accompanied by the proper fee and payment of such fee shall
entitle the applicant to not more than 3 attempts to pass the
examination within a period of 1 year after the date of
application.
(b) Every application shall state the legal name, social
security number, zip code, date of birth, sex, and residence
address of the applicant; briefly describe the applicant; state
whether the applicant has theretofore been licensed as a
driver, and, if so, when and by what state or country, and
whether any such license has ever been cancelled, suspended,
revoked or refused, and, if so, the date and reason for such
cancellation, suspension, revocation or refusal; shall include
an affirmation by the applicant that all information set forth
is true and correct; and shall bear the applicant's signature.
In addition to the residence address, the Secretary may allow
the applicant to provide a mailing address. The application

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form may also require the statement of such additional relevant
information as the Secretary of State shall deem necessary to
determine the applicant's competency and eligibility. The
Secretary of State may in his discretion substitute a federal
tax number in lieu of a social security number, or he may
instead assign an additional distinctive number in lieu
thereof, where an applicant is prohibited by bona fide
religious convictions from applying or is exempt from applying
for a social security number. The Secretary of State shall,
however, determine which religious orders or sects have such
bona fide religious convictions. The Secretary of State may, in
his discretion, by rule or regulation, provide that an
application for a drivers license or permit may include a
suitable photograph of the applicant in the form prescribed by
the Secretary, and he may further provide that each drivers
license shall include a photograph of the driver. The Secretary
of State may utilize a photograph process or system most
suitable to deter alteration or improper reproduction of a
drivers license and to prevent substitution of another photo
thereon.
(c) The application form shall include a notice to the
applicant of the registration obligations of sex offenders
under the Sex Offender Registration Act. The notice shall be
provided in a form and manner prescribed by the Secretary of
State. For purposes of this subsection (c), "sex offender" has
the meaning ascribed to it in Section 2 of the Sex Offender

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Registration Act.
(d) Any male United States citizen or immigrant who applies
for any permit or license authorized to be issued under this
Act or for a renewal of any permit or license, and who is at
least 18 years of age but less than 26 years of age, must be
registered in compliance with the requirements of the federal
Military Selective Service Act. The Secretary of State must
forward in an electronic format the necessary personal
information regarding the applicants identified in this
subsection (d) to the Selective Service System. The applicant's
signature on the application serves as an indication that the
applicant either has already registered with the Selective
Service System or that he is authorizing the Secretary to
forward to the Selective Service System the necessary
information for registration. The Secretary must notify the
applicant at the time of application that his signature
constitutes consent to registration with the Selective Service
System, if he is not already registered.
(e) For each original or renewal driver's license
application under this Act, the Secretary shall inquire as to
whether the applicant is a veteran for purposes of issuing a
driver's license with a veteran designation under subsection
(e-5) of Section 6-110 of this Chapter. The acceptable forms of
proof shall include, but are not limited to, Department of
Defense form DD-214. The Secretary shall determine by rule what
other forms of proof of a person's status as a veteran are

SB1891 - 28 - LRB097 00054 WGH 40057 b
acceptable.
For purposes of this subsection (e):
"Active duty" means active duty pursuant to an executive
order of the President of the United States, an Act of the
Congress of the United States, or an order of the Governor.
"Armed forces" means any of the Armed Forces of the United
States, including a member of any reserve component thereof or
National Guard unit called to active duty.
"Veteran" means a person who has served on active duty in
the armed forces of the United States and was discharged or
separated under honorable conditions.
(Source: P.A. 96-1231, eff. 7-23-10.)
(625 ILCS 5/6-110) (from Ch. 95 1/2, par. 6-110)
Sec. 6-110. Licenses issued to drivers.
(a) The Secretary of State shall issue to every qualifying
applicant a driver's license as applied for, which license
shall bear a distinguishing number assigned to the licensee,
the legal name, signature, zip code, date of birth, residence
address, and a brief description of the licensee.
Licenses issued shall also indicate the classification and
the restrictions under Section 6-104 of this Code.
In lieu of the social security number, the Secretary may in
his discretion substitute a federal tax number or other
distinctive number.
A driver's license issued may, in the discretion of the

SB1891 - 29 - LRB097 00054 WGH 40057 b
Secretary, include a suitable photograph of a type prescribed
by the Secretary.
(a-1) If the licensee is less than 18 years of age, unless
one of the exceptions in subsection (a-2) apply, the license
shall, as a matter of law, be invalid for the operation of any
motor vehicle during the following times:
(A) Between 11:00 p.m. Friday and 6:00 a.m. Saturday;
(B) Between 11:00 p.m. Saturday and 6:00 a.m. on
Sunday; and
(C) Between 10:00 p.m. on Sunday to Thursday,
inclusive, and 6:00 a.m. on the following day.
(a-2) The driver's license of a person under the age of 18
shall not be invalid as described in subsection (a-1) of this
Section if the licensee under the age of 18 was:
(1) accompanied by the licensee's parent or guardian or
other person in custody or control of the minor;
(2) on an errand at the direction of the minor's parent
or guardian, without any detour or stop;
(3) in a motor vehicle involved in interstate travel;
(4) going to or returning home from an employment
activity, without any detour or stop;
(5) involved in an emergency;
(6) going to or returning home from, without any detour
or stop, an official school, religious, or other
recreational activity supervised by adults and sponsored
by a government or governmental agency, a civic

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organization, or another similar entity that takes
responsibility for the licensee, without any detour or
stop;
(7) exercising First Amendment rights protected by the
United States Constitution, such as the free exercise of
religion, freedom of speech, and the right of assembly; or
(8) married or had been married or is an emancipated
minor under the Emancipation of Minors Act.
(a-2.5) The driver's license of a person who is 17 years of
age and has been licensed for at least 12 months is not invalid
as described in subsection (a-1) of this Section while the
licensee is participating as an assigned driver in a Safe Rides
program that meets the following criteria:
(1) the program is sponsored by the Boy Scouts of
America or another national public service organization;
and
(2) the sponsoring organization carries liability
insurance covering the program.
(a-3) If a graduated driver's license holder over the age
of 18 committed an offense against traffic regulations
governing the movement of vehicles or any violation of Section
6-107 or Section 12-603.1 of this Code in the 6 months prior to
the graduated driver's license holder's 18th birthday, and was
subsequently convicted of the offense, the provisions of
subsection (a-1) shall continue to apply until such time as a
period of 6 consecutive months has elapsed without an

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additional violation and subsequent conviction of an offense
against traffic regulations governing the movement of vehicles
or Section 6-107 or Section 12-603.1 of this Code.
(a-4) If an applicant for a driver's license or instruction
permit has a current identification card issued by the
Secretary of State, the Secretary may require the applicant to
utilize the same residence address and name on the
identification card, driver's license, and instruction permit
records maintained by the Secretary. The Secretary may
promulgate rules to implement this provision.
(b) Until the Secretary of State establishes a First Person
Consent organ and tissue donor registry under Section 6-117 of
this Code, the Secretary of State shall provide a format on the
reverse of each driver's license issued which the licensee may
use to execute a document of gift conforming to the provisions
of the Illinois Anatomical Gift Act. The format shall allow the
licensee to indicate the gift intended, whether specific
organs, any organ, or the entire body, and shall accommodate
the signatures of the donor and 2 witnesses. The Secretary
shall also inform each applicant or licensee of this format,
describe the procedure for its execution, and may offer the
necessary witnesses; provided that in so doing, the Secretary
shall advise the applicant or licensee that he or she is under
no compulsion to execute a document of gift. A brochure
explaining this method of executing an anatomical gift document
shall be given to each applicant or licensee. The brochure

SB1891 - 32 - LRB097 00054 WGH 40057 b
shall advise the applicant or licensee that he or she is under
no compulsion to execute a document of gift, and that he or she
may wish to consult with family, friends or clergy before doing
so. The Secretary of State may undertake additional efforts,
including education and awareness activities, to promote organ
and tissue donation.
(c) The Secretary of State shall designate on each driver's
license issued a space where the licensee may place a sticker
or decal of the uniform size as the Secretary may specify,
which sticker or decal may indicate in appropriate language
that the owner of the license carries an Emergency Medical
Information Card.
The sticker may be provided by any person, hospital,
school, medical group, or association interested in assisting
in implementing the Emergency Medical Information Card, but
shall meet the specifications as the Secretary may by rule or
regulation require.
(d) The Secretary of State shall designate on each driver's
license issued a space where the licensee may indicate his
blood type and RH factor.
(e) The Secretary of State shall provide that each original
or renewal driver's license issued to a licensee under 21 years
of age shall be of a distinct nature from those driver's
licenses issued to individuals 21 years of age and older. The
color designated for driver's licenses for licensees under 21
years of age shall be at the discretion of the Secretary of

SB1891 - 33 - LRB097 00054 WGH 40057 b
State.
(e-1) The Secretary shall provide that each driver's
license issued to a person under the age of 21 displays the
date upon which the person becomes 18 years of age and the date
upon which the person becomes 21 years of age.
(e-5) The Secretary of State shall designate a space on
each original or renewal driver's license where, at the request
of the applicant, the word "veteran" shall be placed. The
veteran designation shall be available to a person identified
as a veteran pursuant to subsection (e) of paragraph 6-106 of
this Chapter who was discharged or separated under honorable
conditions.
(f) The Secretary of State shall inform all Illinois
licensed commercial motor vehicle operators of the
requirements of the Uniform Commercial Driver License Act,
Article V of this Chapter, and shall make provisions to insure
that all drivers, seeking to obtain a commercial driver's
license, be afforded an opportunity prior to April 1, 1992, to
obtain the license. The Secretary is authorized to extend
driver's license expiration dates, and assign specific times,
dates and locations where these commercial driver's tests shall
be conducted. Any applicant, regardless of the current
expiration date of the applicant's driver's license, may be
subject to any assignment by the Secretary. Failure to comply
with the Secretary's assignment may result in the applicant's
forfeiture of an opportunity to receive a commercial driver's

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license prior to April 1, 1992.
(g) The Secretary of State shall designate on a driver's
license issued, a space where the licensee may indicate that he
or she has drafted a living will in accordance with the
Illinois Living Will Act or a durable power of attorney for
health care in accordance with the Illinois Power of Attorney
Act.
(g-1) The Secretary of State, in his or her discretion, may
designate on each driver's license issued a space where the
licensee may place a sticker or decal, issued by the Secretary
of State, of uniform size as the Secretary may specify, that
shall indicate in appropriate language that the owner of the
license has renewed his or her driver's license.
(h) A person who acts in good faith in accordance with the
terms of this Section is not liable for damages in any civil
action or subject to prosecution in any criminal proceeding for
his or her act.
(Source: P.A. 95-310, eff. 1-1-08; 95-747, eff. 7-22-08;
96-607, eff. 8-24-09; 96-1231, eff. 7-23-10.)
Section 99. Effective date. This Act takes effect January
1, 2012.