REAL ID COMPLIANT CARDS
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HB 395 — REAL ID COMPLIANT CARDS
Last action — Public Act . . . . . . . . . 100-0248
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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✓In Committee
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✓Passed House
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✓Passed Senate
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced January 12, 2017. Enacted.
Prognosis
Where this bill stands today.
Odds of enactment
HighHow often bills like it became law.
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Enacted
Current position in the legislative process.
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2 sponsors
0 primary, 2 co-sponsors signed on.
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Single-party support
Sponsorship is currently within one party (1 D).
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Cleared a recorded vote
Passed 2 recorded votes so far.
Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.
Summary
Amends the Illinois Identification Card Act. Provides that the Secretary of State shall refuse to issue a REAL ID compliant identification card to any person who has been issued a REAL ID compliant driver's license under the Illinois Vehicle Code. Provides that any person may surrender a REAL ID compliant driver's license in order to become eligible to obtain a REAL ID compliant identification card. Provides that the Secretary may issue both REAL ID compliant identification cards and non-compliant identification cards, and may permit applicants to designate which type of identification card they wish to receive. Provides that all provisions applicable to non-compliant identification cards shall also apply to REAL ID compliant identification cards, except where the provisions are inconsistent with the REAL ID Act and implementing regulations. Requires the Secretary to establish by rule the date on which issuance of REAL ID compliant identification cards will begin. Provides for the issuance of confidential identification cards as either REAL ID compliant identification cards or non-compliant identification cards. Provides that every identification card or Illinois Person with a Disability Identification Card issued to an applicant who is not a United States citizen or permanent resident shall be marked "Limited Term" and shall expire, if the earliest among other potential expiration dates, one year from the date of issuance of a Limited Term REAL ID compliant identification card. Amends the Illinois Vehicle Code to make similar changes concerning issuance of driver's licenses. Defines terms. Makes conforming changes. Effective immediately.
Bill Text
What changed in the latest version
31 added · 31 removedPlain-language change summary
The bill HB 395 has been updated from its "Engrossed" to "Enrolled" version, indicating that it has passed the legislative process and won final approval. This change marks the bill's readiness for signing into law, which can lead to the implementation of its provisions. The difference in titles signifies progress in the legislative journey, which is important as it reflects the government's ability to enact laws that can address public needs and issues.
HB0395 EngrossedEnrolled LRB100 04276 RJF 14282 b AN ACT concerning State government.
For the purpose of this Act, any identification card that resembles an official identification card in either size, color, photograph HB0395 EngrossedEnrolled - 2 - LRB100 04276 RJF 14282 b location, or design or uses the word "official", "state", "Illinois", or the name of any other state or political subdivision thereof, or any governmental or quasi-governmental organization individually or in any combination thereof to describe or modify the term "identification card" or "I.D.
HB0395 EngrossedEnrolled - 3 - LRB100 04276 RJF 14282 b "Youth for whom the Department of Children and Family Services is legally responsible for" or "foster "Foster child" means a child or youth whose guardianship or custody has been accepted by the Department of Children and Family Services pursuant to the Juvenile Court Act of 1987, the Children and Family Services Act, the Abused and Neglected Child Reporting Act, and the Adoption Act.
"Limited Term REAL ID compliant identification card" means a REAL ID compliant identification card issued to persons who HB0395 EngrossedEnrolled - 4 - LRB100 04276 RJF 14282 b are not permanent residents or citizens of the United States, and marked "Limited Term" on the face of the card.
HB0395 EngrossedEnrolled - 5 - LRB100 04276 RJF 14282 b 4.
Beginning July 1, 2017, he shall refuse to issue a REAL ID compliant any identification card under this Act to any person who has been issued a REAL ID compliant driver's HB0395 EngrossedEnrolled - 6 - LRB100 04276 RJF 14282 b license under the Illinois Vehicle Code.
Confidential identification cards may be issued as HB0395 EngrossedEnrolled - 7 - LRB100 04276 RJF 14282 b REAL ID compliant or non-compliant identification cards.
(1) The Secretary of State Police Department may cancel HB0395 EngrossedEnrolled - 8 - LRB100 04276 RJF 14282 b or refuse to renew confidential identification cards when they have reasonable cause to believe the cards are being used for purposes other than those set forth in the application form or authorized by this Section.
The applicant shall be photographed, unless the Secretary of State has provided by rule for the issuance of identification cards without photographs and the applicant is deemed eligible for an HB0395 EngrossedEnrolled - 9 - LRB100 04276 RJF 14282 b identification card without a photograph under the terms and conditions imposed by the Secretary of State, and he or she shall also submit any other information as the Secretary may deem necessary or such documentation as the Secretary may require to determine the identity of the applicant.
(b) Beginning on or before July 1, 2015, for each original or renewal identification card application under this Act, the Secretary shall inquire as to whether the applicant is a HB0395 EngrossedEnrolled - 10 - LRB100 04276 RJF 14282 b veteran for purposes of issuing an identification card with a veteran designation under subsection (c-5) of Section 4 of this Act.
revised 9-21-16.) HB0395 EngrossedEnrolled - 11 - LRB100 04276 RJF 14282 b (15 ILCS 335/8) (from Ch.
The Secretary of State shall HB0395 EngrossedEnrolled - 12 - LRB100 04276 RJF 14282 b promulgate rules setting forth the conditions and criteria for the renewal of all Illinois Person with a Disability Identification Cards.
HB0395 EngrossedEnrolled - 13 - LRB100 04276 RJF 14282 b (a) Application Process.
HB0395 EngrossedEnrolled - 14 - LRB100 04276 RJF 14282 b (f) Limited Term REAL ID compliant driver's license.
To any person, as a driver, who is under the age of 18 years except as provided in Section 6-107, and except HB0395 EngrossedEnrolled - 15 - LRB100 04276 RJF 14282 b that an instruction permit may be issued under Section 6-107.1 to a child who is not less than 15 years of age if the child is enrolled in an approved driver education course as defined in Section 1-103 of this Code and requires an instruction permit to participate therein, except that an instruction permit may be issued under the provisions of Section 6-107.1 to a child who is 17 years and 3 months of age without the child having enrolled in an approved driver education course and except that an instruction permit may be issued to a child who is at least 15 years and 3 months of age, is enrolled in school, meets the educational requirements of the Driver Education Act, and has passed examinations the Secretary of State in his or her discretion may prescribe;
To any person who is under the age of 18 as an operator of a motorcycle other than a motor driven cycle unless the person has, in addition to meeting the provisions of Section 6-107 of this Code, successfully completed a motorcycle training course approved by the Illinois Department of Transportation and successfully completes the required Secretary of State's motorcycle HB0395 EngrossedEnrolled - 16 - LRB100 04276 RJF 14282 b driver's examination;
To any person when the Secretary of State has good cause to believe that the person by reason of physical or mental disability would not be able to safely operate a HB0395 EngrossedEnrolled - 17 - LRB100 04276 RJF 14282 b motor vehicle upon the highways, unless the person shall furnish to the Secretary of State a verified written statement, acceptable to the Secretary of State, from a competent medical specialist, a licensed physician assistant, or a licensed advanced practice nurse, to the effect that the operation of a motor vehicle by the person would not be inimical to the public safety;
For purposes of this Section, any person placed on probation under Section HB0395 EngrossedEnrolled - 18 - LRB100 04276 RJF 14282 b 10 of the Cannabis Control Act, Section 410 of the Illinois Controlled Substances Act, or Section 70 of the Methamphetamine Control and Community Protection Act shall not be considered convicted.
To any person certified by the Illinois Department of Healthcare and Family Services as being 90 days or more delinquent in payment of support under an order of support entered by a court or administrative body HB0395 EngrossedEnrolled - 19 - LRB100 04276 RJF 14282 b of this or any other State, subject to the requirements and procedures of Article VII of Chapter 7 of this Code regarding those certifications;
Any persons promising or tendering such property or personal advantage shall be disqualified from holding any class of driver's license or HB0395 EngrossedEnrolled - 20 - LRB100 04276 RJF 14282 b permit for 120 consecutive days.
Any such person may, at his or her discretion, surrender the REAL ID compliant identification card or REAL ID compliant Person with a Disability Identification Card in order to become eligible HB0395 EngrossedEnrolled - 21 - LRB100 04276 RJF 14282 b to obtain a REAL ID compliant identification card in order to become eligible to obtain a driver's license.
shall include an affirmation by the applicant that all information set forth HB0395 EngrossedEnrolled - 22 - LRB100 04276 RJF 14282 b is true and correct;
(b-5) Every Beginning July 1, 2017, every applicant for a REAL ID compliant driver's license or permit shall provide proof of lawful status in the United States as defined in 6 CFR HB0395 EngrossedEnrolled - 23 - LRB100 04276 RJF 14282 b 37.3, as amended.
The Secretary must notify the applicant at the time of application that his signature constitutes consent to registration with the Selective Service HB0395 EngrossedEnrolled - 24 - LRB100 04276 RJF 14282 b System, if he is not already registered.
HB0395 EngrossedEnrolled - 25 - LRB100 04276 RJF 14282 b (a) Except as provided elsewhere in this Section, every driver's license issued under the provisions of this Code shall expire 4 years from the date of its issuance, or at such later date, as the Secretary of State may by proper rule and regulation designate, not to exceed 12 calendar months;
(3) if the applicant's authorized stay is indefinite HB0395 EngrossedEnrolled - 26 - LRB100 04276 RJF 14282 b and the applicant is applying for a Limited Term REAL ID compliant driver's license, one year from the date of issuance of the license.
HB0395 EngrossedEnrolled - 27 - LRB100 04276 RJF 14282 b (d) The Secretary may defer the expiration of the driver's license of a licensee, spouse, and dependent children who are living with such licensee while on active duty, serving in the Armed Forces of the United States outside of the State of Illinois, and 120 days thereafter, upon such terms and conditions as the Secretary may prescribe.
Thereafter, the expiration and term of the driver's license shall be governed by HB0395 EngrossedEnrolled - 28 - LRB100 04276 RJF 14282 b subsection (a) hereof.
7-28-16.) HB0395 EngrossedEnrolled - 29 - LRB100 04276 RJF 14282 b (625 ILCS 5/6-121) Sec.
(4) Registration information maintained by the HB0395 EngrossedEnrolled - 30 - LRB100 04276 RJF 14282 b Secretary of State Police Department for confidential drivers' licenses must show the fictitious names and addresses on all records subject to public disclosure.
HB0395 EngrossedEnrolled - 31 - LRB100 04276 RJF 14282 b (3) All revoked confidential drivers' licenses must be promptly returned to the Secretary of State Police Department by the government agency to which they were issued.
Action History
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Public Act . . . . . . . . . 100-0248
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Effective Date August 22, 2017
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Governor Approved
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Sent to the Governor
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Passed Both Houses
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Third Reading - Passed; 047-006-000
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Rule 2-10 Third Reading Deadline Established As May 31, 2017
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Added as Alternate Co-Sponsor Sen. Laura M. Murphy
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Placed on Calendar Order of 3rd Reading May 16, 2017
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Second Reading
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Placed on Calendar Order of 2nd Reading April 26, 2017
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Approved for Consideration Assignments
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Added as Alternate Chief Co-Sponsor Sen. Omar Aquino
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Added Co-Sponsor Rep. Mark Batinick
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Referred to Assignments
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First Reading
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Chief Senate Sponsor Sen. Iris Y. Martinez
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Placed on Calendar Order of First Reading
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Arrive in Senate
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Third Reading - Short Debate - Passed 108-007-000
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Added Chief Co-Sponsor Rep. David Harris
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Placed on Calendar Order of 3rd Reading - Short Debate
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House Floor Amendment No. 1 Adopted
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Second Reading - Short Debate
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House Floor Amendment No. 1 Recommends Be Adopted Rules Committee; 005-000-000
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House Floor Amendment No. 1 Referred to Rules Committee
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House Floor Amendment No. 1 Filed with Clerk by Rep. John C. D'Amico
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Placed on Calendar 2nd Reading - Short Debate
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Do Pass / Short Debate Transportation: Vehicles & Safety Committee; 009-000-000
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Assigned to Transportation: Vehicles & Safety Committee
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Added Chief Co-Sponsor Rep. Elizabeth Hernandez
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Referred to Rules Committee
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First Reading
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Filed with the Clerk by Rep. John C. D'Amico
Sponsors
- John C. D'Amico · Cosponsor
- Laura M. Murphy · Cosponsor
Sponsorship breakdown
Export CSV (upgrade) →0 sponsors · 2 co-sponsors · 181 not signed on · 6 voted No
Sponsors (0)
None.
Co-sponsors (2)
- John C. D'Amico
- Laura M. Murphy Democrat
Not signed on (181)
181 members have not signed on to this bill.
Show all 181 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 30 | 3 | 0 | 4 |
| Democrat | 13 | 0 | 0 | 1 |
| Republican | 4 | 3 | 0 | 1 |
| Total | 47 | 6 | 0 | 6 |
| % of votes cast | 80% | 10% | 0% | 10% |
How each member voted (59)
| Member | Party | Vote |
|---|---|---|
| Barickman | — | Yea |
| Bertino-Tarrant | — | Yea |
| Biss | — | Yea |
| Bivins | — | Nay |
| Bush | — | Yea |
| McCarter | — | Nay |
| Mulroe | — | Yea |
| Link | — | Yea |
| Manar | — | Yea |
| McConnaughay | — | Yea |
| Muñoz | — | Yea |
| Nybo | — | Yea |
| Rooney | — | Yea |
| Silverstein | — | Yea |
| Harris | — | Yea |
| Bennett | — | Yea |
| McGuire | — | Yea |
| Trotter | — | Yea |
| Brady | — | Yea |
| Cullerton | — | Yea |
| Cullerton, T. | — | Yea |
| Clayborne | — | Yea |
| Connelly | — | Yea |
| Hutchinson | — | Yea |
| McCann | — | Not Voting |
| Haine | — | Not Voting |
| Oberweis | — | Nay |
| Radogno | — | Yea |
| Raoul | — | Yea |
| Righter | — | Not Voting |
| Sandoval | — | Not Voting |
| Schimpf | — | Yea |
| Steans | — | Yea |
| Landek | — | Yea |
| Althoff | — | Yea |
| Martinez | — | Yea |
| Van Pelt | — | Yea |
| Bill Cunningham | Democrat | Yea |
| Cristina Castro | Democrat | Yea |
| David Koehler | Democrat | Yea |
| Don Harmon | Democrat | Yea |
| Emil Jones, III | Democrat | Not Voting |
| Julie A. Morrison | Democrat | Yea |
| Kimberly A. Lightford | Democrat | Yea |
| Lakesia Collins | Democrat | Yea |
| Laura M. Murphy | Democrat | Yea |
| Linda Holmes | Democrat | Yea |
| Mattie Hunter | Democrat | Yea |
| Michael E. Hastings | Democrat | Yea |
| Omar Aquino | Democrat | Yea |
| Steve Stadelman | Democrat | Yea |
| Chapin Rose | Republican | Nay |
| Dale Fowler | Republican | Nay |
| Dan McConchie | Republican | Yea |
| Dave Syverson | Republican | Yea |
| Jil Tracy | Republican | Yea |
| Neil Anderson | Republican | Nay |
| Sue Rezin | Republican | Not Voting |
| Travis Weaver | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 68 | 4 | 0 | 2 |
| Republican | 11 | 0 | 0 | 1 |
| Democrat | 29 | 3 | 0 | 0 |
| Total | 108 | 7 | 0 | 3 |
| % of votes cast | 92% | 6% | 0% | 3% |
How each member voted (118)
| Member | Party | Vote |
|---|---|---|
| Batinick | — | Yea |
| Beiser | — | Nay |
| Bellock | — | Yea |
| Bourne | — | Yea |
| Breen | — | Yea |
| Butler | — | Yea |
| McAuliffe | — | Yea |
| Phillips | — | Yea |
| Greenwood | — | Yea |
| Lang | — | Yea |
| Harris, David | — | Yea |
| Long | — | Yea |
| Sauer | — | Yea |
| Harris, Gregory | — | Yea |
| Bennett | — | Yea |
| Hernandez | — | Yea |
| Brady | — | Yea |
| McDermed | — | Yea |
| McSweeney | — | Yea |
| Burke, Daniel | — | Yea |
| Burke, Kelly | — | Yea |
| Jones | — | Yea |
| Stewart | — | Yea |
| Stratton | — | Yea |
| Tabares | — | Yea |
| Thapedi | — | Yea |
| Turner | — | Yea |
| Unes | — | Yea |
| Wallace | — | Yea |
| Davis | — | Yea |
| Wehrli | — | Yea |
| Welter | — | Yea |
| Mitchell, Bill | — | Yea |
| Wheeler, Barbara | — | Yea |
| Mitchell, Christian | — | Yea |
| Conroy | — | Yea |
| Conyears-Ervin | — | Yea |
| Currie | — | Yea |
| D'Amico | — | Yea |
| Demmer | — | Yea |
| Drury | — | Yea |
| Durkin | — | Yea |
| Hays | — | Yea |
| Hurley | — | Yea |
| Ives | — | Yea |
| Wheeler, Keith | — | Yea |
| Williams | — | Yea |
| Madigan | — | Yea |
| McAsey | — | Not Voting |
| Olsen | — | Yea |
| Phelps | — | Nay |
| Willis | — | Yea |
| Winger | — | Yea |
| Yingling | — | Yea |
| Zalewski | — | Yea |
| Cavaletto | — | Not Voting |
| Costello | — | Nay |
| Flowers | — | Nay |
| Fortner | — | Yea |
| Frese | — | Yea |
| Nekritz | — | Yea |
| Jesiel | — | Yea |
| Jimenez | — | Yea |
| Parkhurst | — | Yea |
| Pritchard | — | Yea |
| Reis | — | Yea |
| Riley | — | Yea |
| Sente | — | Yea |
| Skillicorn | — | Yea |
| Sommer | — | Yea |
| Soto | — | Yea |
| Andersson | — | Yea |
| Arroyo | — | Yea |
| Chapa LaVia | — | Yea |
| Anna Moeller | Democrat | Yea |
| Anthony DeLuca | Democrat | Yea |
| Camille Y. Lilly | Democrat | Yea |
| Carol Ammons | Democrat | Yea |
| Elgie R. Sims, Jr. | Democrat | Yea |
| Emanuel "Chris" Welch | Democrat | Yea |
| Fred Crespo | Democrat | Yea |
| Jaime M. Andrade, Jr. | Democrat | Yea |
| Jay Hoffman | Democrat | Yea |
| Jehan Gordon-Booth | Democrat | Yea |
| Julie A. Morrison | Democrat | Yea |
| Justin Slaughter | Democrat | Yea |
| Katie Stuart | Democrat | Nay |
| Kelly M. Cassidy | Democrat | Yea |
| La Shawn K. Ford | Democrat | Yea |
| Laura Fine | Democrat | Yea |
| Lawrence "Larry" Walsh, Jr. | Democrat | Yea |
| Marcus C. Evans, Jr. | Democrat | Yea |
| Martin J. Moylan | Democrat | Yea |
| Michael W. Halpin | Democrat | Nay |
| Michelle Mussman | Democrat | Yea |
| Natalie A. Manley | Democrat | Yea |
| Rita Mayfield | Democrat | Yea |
| Robert "Bob" Rita | Democrat | Yea |
| Robert F. Martwick | Democrat | Yea |
| Robyn Gabel | Democrat | Yea |
| Sara Feigenholtz | Democrat | Yea |
| Sonya M. Harper | Democrat | Yea |
| Stephanie A. Kifowit | Democrat | Yea |
| Sue Scherer | Democrat | Nay |
| Theresa Mah | Democrat | Yea |
| Will Guzzardi | Democrat | Yea |
| Brad Halbrook | Republican | Yea |
| Charles Meier | Republican | Yea |
| Christopher "C.D." Davidsmeyer | Republican | Yea |
| Dan Swanson | Republican | Yea |
| Dave Severin | Republican | Yea |
| Joe C. Sosnowski | Republican | Yea |
| John M. Cabello | Republican | Not Voting |
| Norine K. Hammond | Republican | Yea |
| Ryan Spain | Republican | Yea |
| Steven Reick | Republican | Yea |
| Terri Bryant | Republican | Yea |
| Tony M. McCombie | Republican | Yea |
Subjects
Frequently asked questions
- What does HB 395 do?
- Amends the Illinois Identification Card Act. Provides that the Secretary of State shall refuse to issue a REAL ID compliant identification card to any person who has been issued a REAL ID compliant driver's license under the Illinois Vehicle Code. Provides that any person may surrender a REAL ID compliant driver's license in order to become eligible to obtain a REAL ID compliant identification card. Provides that the Secretary may issue both REAL ID compliant identification cards and non-compliant identification cards, and may permit applicants to designate which type of identification card they wish to receive. Provides that all provisions applicable to non-compliant identification cards shall also apply to REAL ID compliant identification cards, except where the provisions are inconsistent with the REAL ID Act and implementing regulations. Requires the Secretary to establish by rule the date on which issuance of REAL ID compliant identification cards will begin. Provides for the issuance of confidential identification cards as either REAL ID compliant identification cards or non-compliant identification cards. Provides that every identification card or Illinois Person with a Disability Identification Card issued to an applicant who is not a United States citizen or permanent resident shall be marked "Limited Term" and shall expire, if the earliest among other potential expiration dates, one year from the date of issuance of a Limited Term REAL ID compliant identification card. Amends the Illinois Vehicle Code to make similar changes concerning issuance of driver's licenses. Defines terms. Makes conforming changes. Effective immediately.
- Who sponsors HB 395?
- HB 395 is sponsored by John C. D'Amico and Laura M. Murphy (Democrat).
- What is the current status of HB 395?
- This bill has been enacted into law. Introduced January 12, 2017. Enacted.
- Where can I track HB 395?
- Track HB 395 free on One Click Politics — get push/email alerts when it moves.
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