Full Text of HB5766 100th General Assembly
HB5766 100TH GENERAL ASSEMBLY |
| | 100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018 HB5766 Introduced , by Rep. Sam Yingling SYNOPSIS AS INTRODUCED: |
| 15 ILCS 205/4 | from Ch. 14, par. 4 | 15 ILCS 205/9 new | | 15 ILCS 335/12 | from Ch. 124, par. 32 |
|
Amends the Attorney General Act. Requires the Attorney General to prescribe a form that may be used in lieu of obtaining a police report for the purposes of obtaining a fee waiver for a duplicate identification card to replace a stolen identification card under the Illinois Identification Card Act. Amends the Illinois Identification Card Act. Provides that the fee for any duplicate identification card shall be waived for any person who presents the Secretary of State's Office with a police report or a form prescribed by the Attorney General showing that his or her identification card was stolen. Makes conforming changes.
|
| |
| | A BILL FOR |
|
| | | HB5766 | | LRB100 19963 RJF 35244 b |
|
| 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 Attorney General Act is amended by changing | 5 | | Section 4 and by adding Section 9 as follows:
| 6 | | (15 ILCS 205/4) (from Ch. 14, par. 4)
| 7 | | Sec. 4. The duties of the Attorney General shall be-- | 8 | | First - To appear for and represent the people of the State | 9 | | before the
supreme court in all cases in which the State or the | 10 | | people of the State
are interested.
| 11 | | Second - To institute and prosecute all actions and | 12 | | proceedings in favor
of or for the use of the State, which may | 13 | | be necessary in the execution of
the duties of any State | 14 | | officer.
| 15 | | Third - To defend all actions and proceedings against any | 16 | | State officer,
in his official capacity, in any of the courts | 17 | | of this State or the United
States.
| 18 | | Fourth - To consult with and advise the several State's | 19 | | Attorneys in
matters relating to the duties of their office; | 20 | | and when, in his judgment,
the interest of the people of the | 21 | | State requires it, he shall attend the
trial of any party | 22 | | accused of crime, and assist in the prosecution. When
the | 23 | | Attorney General has requested in writing that a State's |
| | | HB5766 | - 2 - | LRB100 19963 RJF 35244 b |
|
| 1 | | Attorney
initiate court proceedings to enforce any provisions | 2 | | of the Election Code
or to initiate a criminal prosecution with | 3 | | respect to a violation of the
Election Code, and when the | 4 | | State's Attorney has declined in writing to
initiate those | 5 | | proceedings or prosecutions or when the State's Attorney
has | 6 | | neither initiated the proceedings or prosecutions nor | 7 | | responded in
writing to the Attorney General within 60 days of | 8 | | the receipt of the request,
the Attorney General may, | 9 | | concurrently with or independently of the State's
Attorney, | 10 | | initiate such proceedings or prosecutions. The Attorney | 11 | | General may investigate and prosecute any violation of the | 12 | | Election Code at the request of the State Board of Elections or | 13 | | a State's Attorney.
| 14 | | Fifth - To investigate alleged violations of the statutes | 15 | | which the
Attorney General has a duty to enforce and to conduct | 16 | | other investigations
in connection with assisting in the | 17 | | prosecution of a criminal offense at
the request of a State's | 18 | | Attorney.
| 19 | | Sixth - To consult with and advise the governor and other | 20 | | State officers,
and give, when requested, written opinions upon | 21 | | all legal or constitutional
questions relating to the duties of | 22 | | such officers respectively.
| 23 | | Seventh - To prepare, when necessary, proper drafts for | 24 | | contracts and other
writings relating to subjects in which the | 25 | | State is interested.
| 26 | | Eighth - To give written opinions, when requested by either |
| | | HB5766 | - 3 - | LRB100 19963 RJF 35244 b |
|
| 1 | | branch of
the general assembly, or any committee thereof, upon | 2 | | constitutional or
legal questions.
| 3 | | Ninth - To enforce the proper application of funds | 4 | | appropriated to the
public institutions of the State, prosecute | 5 | | breaches of trust in the
administration of such funds, and, | 6 | | when necessary, prosecute corporations
for failure or refusal | 7 | | to make the reports required by law.
| 8 | | Tenth - To keep, a register of all cases prosecuted or | 9 | | defended by him,
in behalf of the State or its officers, and of | 10 | | all proceedings had in
relation thereto, and to deliver the | 11 | | same to his successor in office.
| 12 | | Eleventh - To keep on file in his office a copy of the | 13 | | official opinions
issued by the Attorney General and deliver | 14 | | same to his successor.
| 15 | | Twelfth - To pay into the State treasury all moneys | 16 | | received by him for
the use of the State.
| 17 | | Thirteenth - To attend to and perform any other duty which | 18 | | may, from time
to time, be required of him by law.
| 19 | | Fourteenth - To attend, present evidence to and prosecute | 20 | | indictments
returned by each Statewide Grand Jury.
| 21 | | Fifteenth - To give written binding and advisory public | 22 | | access opinions as provided in Section 7 of this Act. | 23 | | Sixteenth – To prescribe a form for stolen identification | 24 | | cards as provided in Section 9 of this Act. | 25 | | (Source: P.A. 95-699, eff. 11-9-07; 96-542, eff. 1-1-10.)
|
| | | HB5766 | - 4 - | LRB100 19963 RJF 35244 b |
|
| 1 | | (15 ILCS 205/9 new) | 2 | | Sec. 9. Attorney General stolen identification card form. | 3 | | (a) The Office of the Attorney General, in consultation | 4 | | with the Secretary of State, shall prescribe a form that may be | 5 | | used in lieu of obtaining a police report for the purposes of | 6 | | obtaining a fee waiver for a duplicate identification card to | 7 | | replace a stolen identification card under Section 12 of the | 8 | | Illinois Identification Card Act. | 9 | | (b) The form prescribed by the Attorney General under this | 10 | | Section shall require an applicant to disclose the following | 11 | | information: | 12 | | (1) name of applicant; | 13 | | (2) age and date of birth of applicant; | 14 | | (3) residential address of applicant; | 15 | | (4) information detailing how, when, and where the | 16 | | applicant's identification card was stolen; and | 17 | | (5) any other information the Attorney General may deem | 18 | | necessary and relevant. | 19 | | Section 10. The Illinois Identification Card Act is amended | 20 | | by changing Section 12 as follows: | 21 | | (15 ILCS 335/12) (from Ch. 124, par. 32) | 22 | | Sec. 12. Fees concerning standard Illinois Identification | 23 | | Cards. The fees required under this Act for standard Illinois
| 24 | | Identification Cards must accompany any application provided |
| | | HB5766 | - 5 - | LRB100 19963 RJF 35244 b |
|
| 1 | | for in this
Act, and the Secretary shall collect such fees as | 2 | | follows: | |
3 | | a. Original card ............................... | $20 | |
4 | | b. Renewal card ................................ | 20 | |
5 | | c. Corrected card .............................. | 10 | |
6 | | d. Duplicate card .............................. | 20 | |
7 | | e. Certified copy with seal ................... | 5 | |
8 | | f. Search ..................................... | 2 | |
9 | | g. Applicant 65 years of age or over .......... | No Fee | |
10 | | h. (Blank) .................................... | | |
11 | | i. Individual living in Veterans | | |
12 | | Home or Hospital ........................... | No Fee | |
13 | | j. Original card under 18 years of age .......... | $10 | |
14 | | k. Renewal card under 18 years of age ........... | $10 | |
15 | | l. Corrected card under 18 years of age ......... | $5 | |
16 | | m. Duplicate card under 18 years of age ......... | $10 | |
17 | | n. Homeless person .............................. | No Fee | |
18 | | o. Duplicate card issued to an active-duty | | |
19 | | member of the United States Armed Forces, the | | |
20 | | member's spouse, or dependent children | | |
21 | | living with the member ...................... | No Fee | |
22 | | p. Duplicate temporary card ..................... | $5 | |
23 | | q. First card issued to a youth | | |
24 | | for whom the Department of Children | | |
25 | | and Family Services is legally responsible | | |
26 | | or a foster child upon turning the age of | | |
|
| | | HB5766 | - 6 - | LRB100 19963 RJF 35244 b |
|
| 1 | | 16 years old until he or she reaches | | |
2 | | the age of 21 years old ..................... | No Fee | |
3 | | r. Original card issued to a committed | | |
4 | | person upon release on parole, | | |
5 | | mandatory supervised release, | | |
6 | | aftercare release, final | | |
7 | | discharge, or pardon from the | | |
8 | | Department of Corrections or | | |
9 | | Department of Juvenile Justice .............. | No Fee | |
10 | | s. Limited-term Illinois Identification | | |
11 | | Card issued to a committed person | | |
12 | | upon release on parole, mandatory | | |
13 | | supervised release, aftercare | | |
14 | | release, final discharge, or pardon | | |
15 | | from the Department of | | |
16 | | Corrections or Department of | | |
17 | | Juvenile Justice ............................ | No Fee |
| 18 | | All fees collected under this Act shall be paid into the | 19 | | Road Fund of the State treasury, except that the following | 20 | | amounts shall be paid into the General Revenue Fund:
(i) 80% of | 21 | | the fee for an original, renewal, or duplicate Illinois | 22 | | Identification Card issued on or after January 1, 2005;
and | 23 | | (ii) 80% of the fee for a corrected Illinois Identification | 24 | | Card issued on or after January 1, 2005.
| 25 | | An individual, who resides in a veterans home or veterans | 26 | | hospital
operated by the State or federal government, who makes |
| | | HB5766 | - 7 - | LRB100 19963 RJF 35244 b |
|
| 1 | | an application for an
Illinois Identification Card to be issued | 2 | | at no fee, must submit, along
with the application, an | 3 | | affirmation by the applicant on a form provided by
the | 4 | | Secretary of State, that such person resides in a veterans home | 5 | | or
veterans hospital operated by the State or federal | 6 | | government. | 7 | | The application of a homeless individual for an Illinois | 8 | | Identification Card to be issued at no fee must be accompanied | 9 | | by an affirmation by a qualified person, as defined in Section | 10 | | 4C of this Act, on a form provided by the Secretary of State, | 11 | | that the applicant is currently homeless as defined in Section | 12 | | 1A of this Act. | 13 | | For the application for the first Illinois Identification | 14 | | Card of a youth for whom the Department of Children and Family | 15 | | Services is legally responsible or a foster child to be issued | 16 | | at no fee, the youth must submit, along with the application, | 17 | | an affirmation by his or her court appointed attorney or an | 18 | | employee of the Department of Children and Family Services on a | 19 | | form provided by the Secretary of State, that the person is a | 20 | | youth for whom the Department of Children and Family Services | 21 | | is legally responsible or a foster child. | 22 | | The fee for any duplicate identification card shall be | 23 | | waived for any person who presents the Secretary of State's | 24 | | Office with a police report or a form prescribed by the | 25 | | Attorney General under Section 9 of the Attorney General Act | 26 | | showing that his or her identification card was stolen. |
| | | HB5766 | - 8 - | LRB100 19963 RJF 35244 b |
|
| 1 | | The fee for any duplicate identification card shall be | 2 | | waived for any person age 60 or older whose identification card | 3 | | has been lost or stolen. | 4 | | As used in this Section, "active-duty member of the United | 5 | | States Armed Forces" means a member of the Armed Services or | 6 | | Reserve Forces of the United States or a member of the Illinois | 7 | | National Guard who is called to active duty pursuant to an | 8 | | executive order of the President of the United States, an act | 9 | | of the Congress of the United States, or an order of the | 10 | | Governor. | 11 | | (Source: P.A. 99-607, eff. 7-22-16; 99-659, eff. 7-28-17; | 12 | | 99-907, eff. 7-1-17; 100-201, eff. 8-18-17.)
|
|