Public Act 097-0371
 
HB1484 EnrolledLRB097 03061 RLJ 43093 b


  
    AN ACT concerning State government.
  
 
    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 and 5 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.  However, the Secretary of State may 
provide by rule for the issuance of Illinois Identification 
Cards without photographs if the applicant has a bona fide 
religious objection to being photographed or to the display of 
his or her photograph. The Illinois Identification Card may 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 
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.  However, the Secretary of State 
may provide by rule for the issuance of Illinois Disabled 
Person Identification Cards without photographs if the 
applicant has a bona fide religious objection to being 
photographed or to the display of his or her photograph. 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

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 
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.

    (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

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.   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, 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 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.  In addition to the residence address, the Secretary 
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.


(Source: P.A. 96-1231, eff. 7-23-10.)