SB2903enr 100TH GENERAL ASSEMBLY

  
  
  

 


 
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1    AN ACT concerning State government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Identification Card Act is amended
5by changing Sections 4 and 12 as follows:
 
6    (15 ILCS 335/4)  (from Ch. 124, par. 24)
7    Sec. 4. Identification card.
8    (a) The Secretary of State shall issue a standard Illinois
9Identification Card to any natural person who is a resident of
10the State of Illinois who applies for such card, or renewal
11thereof. No identification card shall be issued to any person
12who holds a valid foreign state identification card, license,
13or permit unless the person first surrenders to the Secretary
14of State the valid foreign state identification card, license,
15or permit. The card shall be prepared and supplied by the
16Secretary of State and shall include a photograph and signature
17or mark of the applicant. However, the Secretary of State may
18provide by rule for the issuance of Illinois Identification
19Cards without photographs if the applicant has a bona fide
20religious objection to being photographed or to the display of
21his or her photograph. The Illinois Identification Card may be
22used for identification purposes in any lawful situation only
23by the person to whom it was issued. As used in this Act,

 

 

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1"photograph" means any color photograph or digitally produced
2and captured image of an applicant for an identification card.
3As used in this Act, "signature" means the name of a person as
4written by that person and captured in a manner acceptable to
5the Secretary of State.
6    (a-5) If an applicant for an identification card has a
7current driver's license or instruction permit issued by the
8Secretary of State, the Secretary may require the applicant to
9utilize the same residence address and name on the
10identification card, driver's license, and instruction permit
11records maintained by the Secretary. The Secretary may
12promulgate rules to implement this provision.
13    (a-10) If the applicant is a judicial officer as defined in
14Section 1-10 of the Judicial Privacy Act or a peace officer,
15the applicant may elect to have his or her office or work
16address listed on the card instead of the applicant's residence
17or mailing address. The Secretary may promulgate rules to
18implement this provision. For the purposes of this subsection
19(a-10), "peace officer" means any person who by virtue of his
20or her office or public employment is vested by law with a duty
21to maintain public order or to make arrests for a violation of
22any penal statute of this State, whether that duty extends to
23all violations or is limited to specific violations.
24    (a-15) The Secretary of State may provide for an expedited
25process for the issuance of an Illinois Identification Card.
26The Secretary shall charge an additional fee for the expedited

 

 

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1issuance of an Illinois Identification Card, to be set by rule,
2not to exceed $75. All fees collected by the Secretary for
3expedited Illinois Identification Card service shall be
4deposited into the Secretary of State Special Services Fund.
5The Secretary may adopt rules regarding the eligibility,
6process, and fee for an expedited Illinois Identification Card.
7If the Secretary of State determines that the volume of
8expedited identification card requests received on a given day
9exceeds the ability of the Secretary to process those requests
10in an expedited manner, the Secretary may decline to provide
11expedited services, and the additional fee for the expedited
12service shall be refunded to the applicant.
13    (a-20) The Secretary of State shall issue a standard
14Illinois Identification Card to a committed person upon release
15on parole, mandatory supervised release, aftercare release,
16final discharge, or pardon from the Department of Corrections
17or Department of Juvenile Justice, if the released person
18presents a certified copy of his or her birth certificate,
19social security card or other documents authorized by the
20Secretary, and 2 documents proving his or her Illinois
21residence address. Documents proving residence address may
22include any official document of the Department of Corrections
23or the Department of Juvenile Justice showing the released
24person's address after release and a Secretary of State
25prescribed certificate of residency form, which may be executed
26by Department of Corrections or Department of Juvenile Justice

 

 

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1personnel.
2    (a-25) The Secretary of State shall issue a limited-term
3Illinois Identification Card valid for 90 days to a committed
4person upon release on parole, mandatory supervised release,
5aftercare release, final discharge, or pardon from the
6Department of Corrections or Department of Juvenile Justice, if
7the released person is unable to present a certified copy of
8his or her birth certificate and social security card or other
9documents authorized by the Secretary, but does present a
10Secretary of State prescribed verification form completed by
11the Department of Corrections or Department of Juvenile
12Justice, verifying the released person's date of birth and
13social security number and 2 documents proving his or her
14Illinois residence address. The verification form must have
15been completed no more than 30 days prior to the date of
16application for the Illinois Identification Card. Documents
17proving residence address shall include any official document
18of the Department of Corrections or the Department of Juvenile
19Justice showing the person's address after release and a
20Secretary of State prescribed certificate of residency, which
21may be executed by Department of Corrections or Department of
22Juvenile Justice personnel.
23    Prior to the expiration of the 90-day period of the
24limited-term Illinois Identification Card, if the released
25person submits to the Secretary of State a certified copy of
26his or her birth certificate and his or her social security

 

 

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1card or other documents authorized by the Secretary, a standard
2Illinois Identification Card shall be issued. A limited-term
3Illinois Identification Card may not be renewed.
4    (a-30) The Secretary of State shall issue a standard
5Illinois Identification Card to a person upon conditional
6release or absolute discharge from the custody of the
7Department of Human Services, if the person presents a
8certified copy of his or her birth certificate, social security
9card, or other documents authorized by the Secretary, and a
10document proving his or her Illinois residence address. The
11Secretary of State shall issue a standard Illinois
12Identification Card to a person no sooner than 14 days prior to
13his or her conditional release or absolute discharge if
14personnel from the Department of Human Services bring the
15person to a Secretary of State location with the required
16documents. Documents proving residence address may include any
17official document of the Department of Human Services showing
18the person's address after release and a Secretary of State
19prescribed verification form, which may be executed by
20personnel of the Department of Human Services.
21    (a-35) The Secretary of State shall issue a limited-term
22Illinois Identification Card valid for 90 days to a person upon
23conditional release or absolute discharge from the custody of
24the Department of Human Services, if the person is unable to
25present a certified copy of his or her birth certificate and
26social security card or other documents authorized by the

 

 

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1Secretary, but does present a Secretary of State prescribed
2verification form completed by the Department of Human
3Services, verifying the person's date of birth and social
4security number, and a document proving his or her Illinois
5residence address. The verification form must have been
6completed no more than 30 days prior to the date of application
7for the Illinois Identification Card. The Secretary of State
8shall issue a limited-term Illinois Identification Card to a
9person no sooner than 14 days prior to his or her conditional
10release or absolute discharge if personnel from the Department
11of Human Services bring the person to a Secretary of State
12location with the required documents. Documents proving
13residence address shall include any official document of the
14Department of Human Services showing the person's address after
15release and a Secretary of State prescribed verification form,
16which may be executed by personnel of the Department of Human
17Services.
18    (b) The Secretary of State shall issue a special Illinois
19Identification Card, which shall be known as an Illinois Person
20with a Disability Identification Card, to any natural person
21who is a resident of the State of Illinois, who is a person
22with a disability as defined in Section 4A of this Act, who
23applies for such card, or renewal thereof. No Illinois Person
24with a Disability Identification Card shall be issued to any
25person who holds a valid foreign state identification card,
26license, or permit unless the person first surrenders to the

 

 

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1Secretary of State the valid foreign state identification card,
2license, or permit. The Secretary of State shall charge no fee
3to issue such card. The card shall be prepared and supplied by
4the Secretary of State, and shall include a photograph and
5signature or mark of the applicant, a designation indicating
6that the card is an Illinois Person with a Disability
7Identification Card, and shall include a comprehensible
8designation of the type and classification of the applicant's
9disability as set out in Section 4A of this Act. However, the
10Secretary of State may provide by rule for the issuance of
11Illinois Person with a Disability Identification Cards without
12photographs if the applicant has a bona fide religious
13objection to being photographed or to the display of his or her
14photograph. If the applicant so requests, the card shall
15include a description of the applicant's disability and any
16information about the applicant's disability or medical
17history which the Secretary determines would be helpful to the
18applicant in securing emergency medical care. If a mark is used
19in lieu of a signature, such mark shall be affixed to the card
20in the presence of two witnesses who attest to the authenticity
21of the mark. The Illinois Person with a Disability
22Identification Card may be used for identification purposes in
23any lawful situation by the person to whom it was issued.
24    The Illinois Person with a Disability Identification Card
25may be used as adequate documentation of disability in lieu of
26a physician's determination of disability, a determination of

 

 

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1disability from a physician assistant, a determination of
2disability from an advanced practice registered nurse, or any
3other documentation of disability whenever any State law
4requires that a person with a disability provide such
5documentation of disability, however an Illinois Person with a
6Disability Identification Card shall not qualify the
7cardholder to participate in any program or to receive any
8benefit which is not available to all persons with like
9disabilities. Notwithstanding any other provisions of law, an
10Illinois Person with a Disability Identification Card, or
11evidence that the Secretary of State has issued an Illinois
12Person with a Disability Identification Card, shall not be used
13by any person other than the person named on such card to prove
14that the person named on such card is a person with a
15disability or for any other purpose unless the card is used for
16the benefit of the person named on such card, and the person
17named on such card consents to such use at the time the card is
18so used.
19    An optometrist's determination of a visual disability
20under Section 4A of this Act is acceptable as documentation for
21the purpose of issuing an Illinois Person with a Disability
22Identification Card.
23    When medical information is contained on an Illinois Person
24with a Disability Identification Card, the Office of the
25Secretary of State shall not be liable for any actions taken
26based upon that medical information.

 

 

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1    (c) The Secretary of State shall provide that each original
2or renewal Illinois Identification Card or Illinois Person with
3a Disability Identification Card issued to a person under the
4age of 21 shall be of a distinct nature from those Illinois
5Identification Cards or Illinois Person with a Disability
6Identification Cards issued to individuals 21 years of age or
7older. The color designated for Illinois Identification Cards
8or Illinois Person with a Disability Identification Cards for
9persons under the age of 21 shall be at the discretion of the
10Secretary of State.
11    (c-1) Each original or renewal Illinois Identification
12Card or Illinois Person with a Disability Identification Card
13issued to a person under the age of 21 shall display the date
14upon which the person becomes 18 years of age and the date upon
15which the person becomes 21 years of age.
16    (c-3) The General Assembly recognizes the need to identify
17military veterans living in this State for the purpose of
18ensuring that they receive all of the services and benefits to
19which they are legally entitled, including healthcare,
20education assistance, and job placement. To assist the State in
21identifying these veterans and delivering these vital services
22and benefits, the Secretary of State is authorized to issue
23Illinois Identification Cards and Illinois Person with a
24Disability Identification Cards with the word "veteran"
25appearing on the face of the cards. This authorization is
26predicated on the unique status of veterans. The Secretary may

 

 

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1not issue any other identification card which identifies an
2occupation, status, affiliation, hobby, or other unique
3characteristics of the identification card holder which is
4unrelated to the purpose of the identification card.
5    (c-5) Beginning on or before July 1, 2015, the Secretary of
6State shall designate a space on each original or renewal
7identification card where, at the request of the applicant, the
8word "veteran" shall be placed. The veteran designation shall
9be available to a person identified as a veteran under
10subsection (b) of Section 5 of this Act who was discharged or
11separated under honorable conditions.
12    (d) The Secretary of State may issue a Senior Citizen
13discount card, to any natural person who is a resident of the
14State of Illinois who is 60 years of age or older and who
15applies for such a card or renewal thereof. The Secretary of
16State shall charge no fee to issue such card. The card shall be
17issued in every county and applications shall be made available
18at, but not limited to, nutrition sites, senior citizen centers
19and Area Agencies on Aging. The applicant, upon receipt of such
20card and prior to its use for any purpose, shall have affixed
21thereon in the space provided therefor his signature or mark.
22    (e) The Secretary of State, in his or her discretion, may
23designate on each Illinois Identification Card or Illinois
24Person with a Disability Identification Card a space where the
25card holder may place a sticker or decal, issued by the
26Secretary of State, of uniform size as the Secretary may

 

 

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1specify, that shall indicate in appropriate language that the
2card holder has renewed his or her Illinois Identification Card
3or Illinois Person with a Disability Identification Card.
4(Source: P.A. 99-143, eff. 7-27-15; 99-173, eff. 7-29-15;
599-305, eff. 1-1-16; 99-642, eff. 7-28-16; 99-907, eff. 7-1-17;
6100-513, eff. 1-1-18.)
 
7    (15 ILCS 335/12)  (from Ch. 124, par. 32)
8    Sec. 12. Fees concerning standard Illinois Identification
9Cards. The fees required under this Act for standard Illinois
10Identification Cards must accompany any application provided
11for in this Act, and the Secretary shall collect such fees as
12follows:
13    a. Original card...............................$20
14    b. Renewal card................................20
15    c. Corrected card..............................10
16    d. Duplicate card..............................20
17    e. Certified copy with seal ...................5
18    f. Search .....................................2
19    g. Applicant 65 years of age or over ..........No Fee
20    h. (Blank) ....................................
21    i. Individual living in Veterans
22        Home or Hospital ...........................No Fee
23    j. Original card under 18 years of age..........$10
24    k. Renewal card under 18 years of age...........$10
25    l. Corrected card under 18 years of age.........$5

 

 

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1    m. Duplicate card under 18 years of age.........$10
2    n. Homeless person..............................No Fee
3    o. Duplicate card issued to an active-duty
4        member of the United States Armed Forces, the
5        member's spouse, or dependent children
6        living with the member......................No Fee
7    p. Duplicate temporary card.....................$5
8    q. First card issued to a youth
9        for whom the Department of Children
10        and Family Services is legally responsible
11        or a foster child upon turning the age of
12        16 years old until he or she reaches
13        the age of 21 years old..................... No Fee
14    r. Original card issued to a committed
15        person upon release on parole,
16        mandatory supervised release,
17        aftercare release, final
18        discharge, or pardon from the
19        Department of Corrections or
20        Department of Juvenile Justice..............No Fee
21    s. Limited-term Illinois Identification
22        Card issued to a committed person
23        upon release on parole, mandatory
24        supervised release, aftercare
25        release, final discharge, or pardon
26        from the Department of

 

 

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1        Corrections or Department of
2        Juvenile Justice............................No Fee
3    t. Original card issued to a
4        person up to 14 days prior
5        to or upon conditional release
6        or absolute discharge from
7        the Department of Human Services............ No Fee
8    u. Limited-term Illinois Identification
9        Card issued to a person up to
10        14 days prior to or upon
11        conditional release or absolute discharge
12        from the Department of Human Services....... No Fee
13    All fees collected under this Act shall be paid into the
14Road Fund of the State treasury, except that the following
15amounts shall be paid into the General Revenue Fund: (i) 80% of
16the fee for an original, renewal, or duplicate Illinois
17Identification Card issued on or after January 1, 2005; and
18(ii) 80% of the fee for a corrected Illinois Identification
19Card issued on or after January 1, 2005.
20    An individual, who resides in a veterans home or veterans
21hospital operated by the State or federal government, who makes
22an application for an Illinois Identification Card to be issued
23at no fee, must submit, along with the application, an
24affirmation by the applicant on a form provided by the
25Secretary of State, that such person resides in a veterans home
26or veterans hospital operated by the State or federal

 

 

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1government.
2    The application of a homeless individual for an Illinois
3Identification Card to be issued at no fee must be accompanied
4by an affirmation by a qualified person, as defined in Section
54C of this Act, on a form provided by the Secretary of State,
6that the applicant is currently homeless as defined in Section
71A of this Act.
8    For the application for the first Illinois Identification
9Card of a youth for whom the Department of Children and Family
10Services is legally responsible or a foster child to be issued
11at no fee, the youth must submit, along with the application,
12an affirmation by his or her court appointed attorney or an
13employee of the Department of Children and Family Services on a
14form provided by the Secretary of State, that the person is a
15youth for whom the Department of Children and Family Services
16is legally responsible or a foster child.
17    The fee for any duplicate identification card shall be
18waived for any person who presents the Secretary of State's
19Office with a police report showing that his or her
20identification card was stolen.
21    The fee for any duplicate identification card shall be
22waived for any person age 60 or older whose identification card
23has been lost or stolen.
24    As used in this Section, "active-duty member of the United
25States Armed Forces" means a member of the Armed Services or
26Reserve Forces of the United States or a member of the Illinois

 

 

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1National Guard who is called to active duty pursuant to an
2executive order of the President of the United States, an act
3of the Congress of the United States, or an order of the
4Governor.
5(Source: P.A. 99-607, eff. 7-22-16; 99-659, eff. 7-28-17;
699-907, eff. 7-1-17; 100-201, eff. 8-18-17.)
 
7    Section 99. Effective date. This Act takes effect July 1,
82019.