Full Text of HB1435 103rd General Assembly
HB1435 103RD GENERAL ASSEMBLY |
| | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024 HB1435 Introduced 1/31/2023, by Rep. Chris Miller SYNOPSIS AS INTRODUCED: |
| 15 ILCS 335/4 | from Ch. 124, par. 24 |
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Amends the Illinois Identification Card Act. Provides that the Secretary of State shall (previously may) provide by rule for the issuance of Illinois Person with a Disability 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.
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| | A BILL FOR |
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| 1 | | AN ACT concerning State government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Identification Card Act is amended | 5 | | by changing Section 4 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 | 9 | | Identification Card to any natural person who is a resident
of | 10 | | the State of Illinois who applies for such card, or renewal | 11 | | thereof. No identification card shall be issued to any person | 12 | | who holds a valid
foreign state
identification card, license, | 13 | | or permit unless the person first surrenders to
the Secretary | 14 | | of
State the valid foreign state identification card, license, | 15 | | or permit. The card shall be prepared and
supplied by the | 16 | | Secretary of State and shall include a photograph and | 17 | | signature or mark of the
applicant. However, the Secretary of | 18 | | State may provide by rule for the issuance of Illinois | 19 | | Identification Cards without photographs if the applicant has | 20 | | a bona fide religious objection to being photographed or to | 21 | | the display of his or her photograph. The Illinois | 22 | | Identification Card may be used for
identification purposes in | 23 | | any lawful situation only by the person to
whom it was issued.
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| 1 | | As used in this Act, "photograph" means any color photograph | 2 | | or digitally
produced and captured image of an applicant for | 3 | | an identification card. As
used in this Act, "signature" means | 4 | | the name of a person as written by that
person and captured in | 5 | | a manner acceptable to the Secretary of State. | 6 | | (a-5) If an applicant for an identification card has a | 7 | | current driver's license or instruction permit issued by the | 8 | | Secretary of State, the Secretary may require the applicant to | 9 | | utilize the same residence address and name on the | 10 | | identification card, driver's license, and instruction permit | 11 | | records maintained by the Secretary. The Secretary may | 12 | | promulgate rules to implement this provision.
| 13 | | (a-10) If the applicant is a judicial officer as defined | 14 | | in Section 1-10 of the Judicial Privacy Act or a peace officer, | 15 | | the applicant may elect to have his or her office or work | 16 | | address listed on the card instead of the applicant's | 17 | | residence or mailing address. The Secretary may promulgate | 18 | | rules to implement this provision. For the purposes of this | 19 | | subsection (a-10), "peace officer" means any person who by | 20 | | virtue of his or her office or public employment is vested by | 21 | | law with a duty to maintain public order or to make arrests for | 22 | | a violation of any penal statute of this State, whether that | 23 | | duty extends to all violations or is limited to specific | 24 | | violations. | 25 | | (a-15) The Secretary of State may provide for an expedited | 26 | | process for the issuance of an Illinois Identification Card. |
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| 1 | | The Secretary shall charge an additional fee for the expedited | 2 | | issuance of an Illinois Identification Card, to be set by | 3 | | rule, not to exceed $75. All fees collected by the Secretary | 4 | | for expedited Illinois Identification Card service shall be | 5 | | deposited into the Secretary of State Special Services Fund. | 6 | | The Secretary may adopt rules regarding the eligibility, | 7 | | process, and fee for an expedited Illinois Identification | 8 | | Card. If the Secretary of State determines that the volume of | 9 | | expedited identification card requests received on a given day | 10 | | exceeds the ability of the Secretary to process those requests | 11 | | in an expedited manner, the Secretary may decline to provide | 12 | | expedited services, and the additional fee for the expedited | 13 | | service shall be refunded to the applicant. | 14 | | (a-20) The Secretary of State shall issue a standard | 15 | | Illinois Identification Card to a committed person upon | 16 | | release on parole, mandatory supervised release, aftercare | 17 | | release, final discharge, or pardon from the Department of | 18 | | Corrections or Department of Juvenile Justice, if the released | 19 | | person presents a certified copy of his or her birth | 20 | | certificate, social security card or other documents | 21 | | authorized by the Secretary, and 2 documents proving his or | 22 | | her Illinois residence address. Documents proving residence | 23 | | address may include any official document of the Department of | 24 | | Corrections or the Department of Juvenile Justice showing the | 25 | | released person's address after release and a Secretary of | 26 | | State prescribed certificate of residency form, which may be |
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| 1 | | executed by Department of Corrections or Department of | 2 | | Juvenile Justice personnel. | 3 | | (a-25) The Secretary of State shall issue a limited-term | 4 | | Illinois Identification Card valid for 90 days to a committed | 5 | | person upon release on parole, mandatory supervised release, | 6 | | aftercare release, final discharge, or pardon from the | 7 | | Department of Corrections or Department of Juvenile Justice, | 8 | | if the released person is unable to present a certified copy of | 9 | | his or her birth certificate and social security card or other | 10 | | documents authorized by the Secretary, but does present a | 11 | | Secretary of State prescribed verification form completed by | 12 | | the Department of Corrections or Department of Juvenile | 13 | | Justice, verifying the released person's date of birth and | 14 | | social security number and 2 documents proving his or her | 15 | | Illinois residence address. The verification form must have | 16 | | been completed no more than 30 days prior to the date of | 17 | | application for the Illinois Identification Card. Documents | 18 | | proving residence address shall include any official document | 19 | | of the Department of Corrections or the Department of Juvenile | 20 | | Justice showing the person's address after release and a | 21 | | Secretary of State prescribed certificate of residency, which | 22 | | may be executed by Department of Corrections or Department of | 23 | | Juvenile Justice personnel. | 24 | | Prior to the expiration of the 90-day period of the | 25 | | limited-term Illinois Identification Card, if the released | 26 | | person submits to the Secretary of State a certified copy of |
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| 1 | | his or her birth certificate and his or her social security | 2 | | card or other documents authorized by the Secretary, a | 3 | | standard Illinois Identification Card shall be issued. A | 4 | | limited-term Illinois Identification Card may not be renewed. | 5 | | (a-30) The Secretary of State shall issue a standard | 6 | | Illinois Identification Card to a person upon conditional | 7 | | release or absolute discharge from the custody of the | 8 | | Department of Human Services, if the person presents a | 9 | | certified copy of his or her birth certificate, social | 10 | | security card, or other documents authorized by the Secretary, | 11 | | and a document proving his or her Illinois residence address. | 12 | | The Secretary of State shall issue a standard Illinois | 13 | | Identification Card to a person prior to his or her | 14 | | conditional release or absolute discharge if personnel from | 15 | | the Department of Human Services bring the person to a | 16 | | Secretary of State location with the required documents. | 17 | | Documents proving residence address may include any official | 18 | | document of the Department of Human Services showing the | 19 | | person's address after release and a Secretary of State | 20 | | prescribed verification form, which may be executed by | 21 | | personnel of the Department of Human Services. | 22 | | (a-35) The Secretary of State shall issue a limited-term | 23 | | Illinois Identification Card valid for 90 days to a person | 24 | | upon conditional release or absolute discharge from the | 25 | | custody of the Department of Human Services, if the person is | 26 | | unable to present a certified copy of his or her birth |
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| 1 | | certificate and social security card or other documents | 2 | | authorized by the Secretary, but does present a Secretary of | 3 | | State prescribed verification form completed by the Department | 4 | | of Human Services, verifying the person's date of birth and | 5 | | social security number, and a document proving his or her | 6 | | Illinois residence address. The verification form must have | 7 | | been completed no more than 30 days prior to the date of | 8 | | application for the Illinois Identification Card. The | 9 | | Secretary of State shall issue a limited-term Illinois | 10 | | Identification Card to a person no sooner than 14 days prior to | 11 | | his or her conditional release or absolute discharge if | 12 | | personnel from the Department of Human Services bring the | 13 | | person to a Secretary of State location with the required | 14 | | documents. Documents proving residence address shall include | 15 | | any official document of the Department of Human Services | 16 | | showing the person's address after release and a Secretary of | 17 | | State prescribed verification form, which may be executed
by | 18 | | personnel of the Department of Human Services. | 19 | | (b) The Secretary of State shall issue a special Illinois
| 20 | | Identification Card, which shall be known as an Illinois | 21 | | Person with a Disability
Identification Card, to any natural | 22 | | person who is a resident of the State
of Illinois, who is a | 23 | | person with a disability as defined in Section 4A of this Act,
| 24 | | who applies for such card, or renewal thereof. No Illinois | 25 | | Person with a Disability Identification Card shall be issued | 26 | | to any person who
holds a valid
foreign state identification |
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| 1 | | card, license, or permit unless the person first
surrenders to | 2 | | the
Secretary of State the valid foreign state identification | 3 | | card, license, or
permit. The Secretary of State
shall charge | 4 | | no fee to issue such card. The card shall be prepared and
| 5 | | supplied by the Secretary of State, and shall include a | 6 | | photograph and signature or mark of the
applicant, a | 7 | | designation indicating that the card is an Illinois
Person | 8 | | with a Disability Identification Card, and shall include a | 9 | | comprehensible designation
of the type and classification of | 10 | | the applicant's disability as set out in
Section 4A of this | 11 | | Act. However, the Secretary of State shall may provide by rule | 12 | | for the issuance of Illinois Person with a Disability | 13 | | Identification Cards without photographs if the applicant has | 14 | | a bona fide religious objection to being photographed or to | 15 | | the display of his or her photograph. If the applicant so | 16 | | requests, the card shall
include a description of the | 17 | | applicant's disability and any information
about the | 18 | | applicant's disability or medical history which the Secretary
| 19 | | determines would be helpful to the applicant in securing | 20 | | emergency medical
care. If a mark is used in lieu of a | 21 | | signature, such mark
shall be affixed to the card in the | 22 | | presence of two witnesses who attest to
the authenticity of | 23 | | the mark. The Illinois
Person with a Disability Identification | 24 | | Card may be used for identification purposes
in any lawful | 25 | | situation by the person to whom it was issued.
| 26 | | The Illinois Person with a Disability Identification Card |
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| 1 | | may be used as adequate
documentation of disability in lieu of | 2 | | a physician's determination of
disability, a determination of | 3 | | disability from a physician assistant, a determination of | 4 | | disability from an advanced practice registered
nurse, or any
| 5 | | other documentation
of disability whenever
any
State law
| 6 | | requires that a person with a disability provide such | 7 | | documentation of disability,
however an Illinois Person with a | 8 | | Disability Identification Card shall not qualify
the | 9 | | cardholder to participate in any program or to receive any | 10 | | benefit
which is not available to all persons with like | 11 | | disabilities.
Notwithstanding any other provisions of law, an | 12 | | Illinois Person with a Disability
Identification Card, or | 13 | | evidence that the Secretary of State has issued an
Illinois | 14 | | Person with a Disability Identification Card, shall not be | 15 | | used by any
person other than the person named on such card to | 16 | | prove that the person
named on such card is a person with a | 17 | | disability or for any other purpose unless the
card is used for | 18 | | the benefit of the person named on such card, and the
person | 19 | | named on such card consents to such use at the time the card is | 20 | | so used.
| 21 | | An optometrist's determination of a visual disability | 22 | | under Section 4A of this Act is acceptable as documentation | 23 | | for the purpose of issuing an Illinois Person with a | 24 | | Disability Identification Card. | 25 | | When medical information is contained on an Illinois | 26 | | Person with a Disability
Identification Card, the Office of |
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| 1 | | the Secretary of State shall not be
liable for any actions | 2 | | taken based upon that medical information.
| 3 | | (c) The Secretary of State shall provide
that each | 4 | | original or renewal Illinois Identification Card or Illinois
| 5 | | Person with a Disability Identification Card issued to a | 6 | | person under the age of 21
shall be of a distinct nature from | 7 | | those Illinois Identification Cards or
Illinois Person with a | 8 | | Disability Identification Cards issued to individuals 21
years | 9 | | of age or older. The color designated for Illinois | 10 | | Identification
Cards or Illinois Person with a Disability | 11 | | Identification Cards for persons under
the age of 21 shall be | 12 | | at the discretion of the Secretary of State.
| 13 | | (c-1) Each original or renewal Illinois
Identification | 14 | | Card or Illinois Person with a Disability Identification Card | 15 | | issued to
a person under the age of 21 shall display the date | 16 | | upon which the person
becomes 18 years of age and the date upon | 17 | | which the person becomes 21 years of
age.
| 18 | | (c-3) The General Assembly recognizes the need to identify | 19 | | military veterans living in this State for the purpose of | 20 | | ensuring that they receive all of the services and benefits to | 21 | | which they are legally entitled, including healthcare, | 22 | | education assistance, and job placement. To assist the State | 23 | | in identifying these veterans and delivering these vital | 24 | | services and benefits, the Secretary of State is authorized to | 25 | | issue Illinois Identification Cards and Illinois Person with a | 26 | | Disability Identification Cards with the word "veteran" |
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| 1 | | appearing on the face of the cards. This authorization is | 2 | | predicated on the unique status of veterans. The Secretary may | 3 | | not issue any other identification card which identifies an | 4 | | occupation, status, affiliation, hobby, or other unique | 5 | | characteristics of the identification card holder which is | 6 | | unrelated to the purpose of the identification card.
| 7 | | (c-5) Beginning on or before July 1, 2015, the Secretary | 8 | | of State shall designate a space on each original or renewal | 9 | | identification card where, at the request of the applicant, | 10 | | the word "veteran" shall be placed. The veteran designation | 11 | | shall be available to a person identified as a veteran under | 12 | | subsection (b) of Section 5 of this Act who was discharged or | 13 | | separated under honorable conditions. | 14 | | (d) The Secretary of State may issue a Senior Citizen
| 15 | | discount card, to any natural person who is a resident of the | 16 | | State of
Illinois who is 60 years of age or older and who | 17 | | applies for such a card or
renewal thereof. The Secretary of | 18 | | State shall charge no fee to issue such
card. The card shall be | 19 | | issued in every county and applications shall be
made | 20 | | available at, but not limited to, nutrition sites, senior | 21 | | citizen
centers and Area Agencies on Aging. The applicant, | 22 | | upon receipt of such
card and prior to its use for any purpose, | 23 | | shall have affixed thereon in
the space provided therefor his | 24 | | signature or mark.
| 25 | | (e) The Secretary of State, in his or her discretion, may | 26 | | designate on each Illinois
Identification Card or Illinois |
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| 1 | | Person with a Disability Identification Card a space where the | 2 | | card holder may place a sticker or decal, issued by the | 3 | | Secretary of State, of uniform size as the Secretary may | 4 | | specify, that shall indicate in appropriate language that the | 5 | | card holder has renewed his or her Illinois
Identification | 6 | | Card or Illinois Person with a Disability Identification Card. | 7 | | (Source: P.A. 102-299, eff. 8-6-21.)
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