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Public Act 100-0717 | ||||
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AN ACT concerning State government.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Illinois Identification Card Act is amended | ||||
by changing Sections 4 and 12 as follows:
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(15 ILCS 335/4) (from Ch. 124, par. 24)
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Sec. 4. Identification card.
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(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. 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.
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(a-10) If the applicant is a judicial officer as defined in | ||
Section 1-10 of the Judicial Privacy Act or a peace officer, | ||
the applicant may elect to have his or her office or work | ||
address listed on the card instead of the applicant's residence | ||
or mailing address. The Secretary may promulgate rules to | ||
implement this provision. For the purposes of this subsection | ||
(a-10), "peace officer" means any person who by virtue of his | ||
or her office or public employment is vested by law with a duty | ||
to maintain public order or to make arrests for a violation of | ||
any penal statute of this State, whether that duty extends to | ||
all violations or is limited to specific violations. | ||
(a-15) The Secretary of State may provide for an expedited | ||
process for the issuance of an Illinois Identification Card. | ||
The Secretary shall charge an additional fee for the expedited |
issuance of an Illinois Identification Card, to be set by rule, | ||
not to exceed $75. All fees collected by the Secretary for | ||
expedited Illinois Identification Card service shall be | ||
deposited into the Secretary of State Special Services Fund. | ||
The Secretary may adopt rules regarding the eligibility, | ||
process, and fee for an expedited Illinois Identification Card. | ||
If the Secretary of State determines that the volume of | ||
expedited identification card requests received on a given day | ||
exceeds the ability of the Secretary to process those requests | ||
in an expedited manner, the Secretary may decline to provide | ||
expedited services, and the additional fee for the expedited | ||
service shall be refunded to the applicant. | ||
(a-20) The Secretary of State shall issue a standard | ||
Illinois Identification Card to a committed person upon release | ||
on parole, mandatory supervised release, aftercare release, | ||
final discharge, or pardon from the Department of Corrections | ||
or Department of Juvenile Justice, if the released person | ||
presents a certified copy of his or her birth certificate, | ||
social security card or other documents authorized by the | ||
Secretary, and 2 documents proving his or her Illinois | ||
residence address. Documents proving residence address may | ||
include any official document of the Department of Corrections | ||
or the Department of Juvenile Justice showing the released | ||
person's address after release and a Secretary of State | ||
prescribed certificate of residency form, which may be executed | ||
by Department of Corrections or Department of Juvenile Justice |
personnel. | ||
(a-25) The Secretary of State shall issue a limited-term | ||
Illinois Identification Card valid for 90 days to a committed | ||
person upon release on parole, mandatory supervised release, | ||
aftercare release, final discharge, or pardon from the | ||
Department of Corrections or Department of Juvenile Justice, if | ||
the released person is unable to present a certified copy of | ||
his or her birth certificate and social security card or other | ||
documents authorized by the Secretary, but does present a | ||
Secretary of State prescribed verification form completed by | ||
the Department of Corrections or Department of Juvenile | ||
Justice, verifying the released person's date of birth and | ||
social security number and 2 documents proving his or her | ||
Illinois residence address. The verification form must have | ||
been completed no more than 30 days prior to the date of | ||
application for the Illinois Identification Card. Documents | ||
proving residence address shall include any official document | ||
of the Department of Corrections or the Department of Juvenile | ||
Justice showing the person's address after release and a | ||
Secretary of State prescribed certificate of residency, which | ||
may be executed by Department of Corrections or Department of | ||
Juvenile Justice personnel. | ||
Prior to the expiration of the 90-day period of the | ||
limited-term Illinois Identification Card, if the released | ||
person submits to the Secretary of State a certified copy of | ||
his or her birth certificate and his or her social security |
card or other documents authorized by the Secretary, a standard | ||
Illinois Identification Card shall be issued. A limited-term | ||
Illinois Identification Card may not be renewed. | ||
(a-30) The Secretary of State shall issue a standard | ||
Illinois Identification Card to a person upon conditional | ||
release or absolute discharge from the custody of the | ||
Department of Human Services, if the person presents a | ||
certified copy of his or her birth certificate, social security | ||
card, or other documents authorized by the Secretary, and a | ||
document proving his or her Illinois residence address. The | ||
Secretary of State shall issue a standard Illinois | ||
Identification Card to a person no sooner than 14 days prior to | ||
his or her conditional release or absolute discharge if | ||
personnel from the Department of Human Services bring the | ||
person to a Secretary of State location with the required | ||
documents. Documents proving residence address may include any | ||
official document of the Department of Human Services showing | ||
the person's address after release and a Secretary of State | ||
prescribed verification form, which may be executed by | ||
personnel of the Department of Human Services. | ||
(a-35) The Secretary of State shall issue a limited-term | ||
Illinois Identification Card valid for 90 days to a person upon | ||
conditional release or absolute discharge from the custody of | ||
the Department of Human Services, if the person is unable to | ||
present a certified copy of his or her birth certificate and | ||
social security card or other documents authorized by the |
Secretary, but does present a Secretary of State prescribed | ||
verification form completed by the Department of Human | ||
Services, verifying the person's date of birth and social | ||
security number, and a document proving his or her Illinois | ||
residence address. The verification form must have been | ||
completed no more than 30 days prior to the date of application | ||
for the Illinois Identification Card. The Secretary of State | ||
shall issue a limited-term Illinois Identification Card to a | ||
person no sooner than 14 days prior to his or her conditional | ||
release or absolute discharge if personnel from the Department | ||
of Human Services bring the person to a Secretary of State | ||
location with the required documents. Documents proving | ||
residence address shall include any official document of the | ||
Department of Human Services showing the person's address after | ||
release and a Secretary of State prescribed verification form, | ||
which may be executed
by personnel of the Department of Human | ||
Services. | ||
(b) The Secretary of State shall issue a special Illinois
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Identification Card, which shall be known as an Illinois Person | ||
with a Disability
Identification Card, to any natural person | ||
who is a resident of the State
of Illinois, who is a person | ||
with a disability as defined in Section 4A of this Act,
who | ||
applies for such card, or renewal thereof. No Illinois Person | ||
with a Disability 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
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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
Person with a Disability | ||
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 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. If the applicant so requests, the card shall
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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
Person with a Disability | ||
Identification Card may be used for identification purposes
in | ||
any lawful situation by the person to whom it was issued.
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The Illinois Person with a Disability 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, a determination of | ||
disability from an advanced practice registered
nurse, or any
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other documentation
of disability whenever
any
State law
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requires that a person with a disability provide such | ||
documentation of disability,
however an Illinois Person with a | ||
Disability 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 Person with a Disability
Identification Card, or | ||
evidence that the Secretary of State has issued an
Illinois | ||
Person with a Disability 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 person with a | ||
disability 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.
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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 Person with a Disability | ||
Identification Card. | ||
When medical information is contained on an Illinois Person | ||
with a Disability
Identification Card, the Office of the | ||
Secretary of State shall not be
liable for any actions taken | ||
based upon that medical information.
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(c) The Secretary of State shall provide
that each original | ||
or renewal Illinois Identification Card or Illinois
Person with | ||
a Disability Identification Card issued to a person under the | ||
age of 21
shall be of a distinct nature from those Illinois | ||
Identification Cards or
Illinois Person with a Disability | ||
Identification Cards issued to individuals 21
years of age or | ||
older. The color designated for Illinois Identification
Cards | ||
or Illinois Person with a Disability Identification Cards for | ||
persons under
the age of 21 shall be at the discretion of the | ||
Secretary of State.
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(c-1) Each original or renewal Illinois
Identification | ||
Card or Illinois Person with a Disability 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.
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(c-3) The General Assembly recognizes the need to identify | ||
military veterans living in this State for the purpose of | ||
ensuring that they receive all of the services and benefits to | ||
which they are legally entitled, including healthcare, | ||
education assistance, and job placement. To assist the State in | ||
identifying these veterans and delivering these vital services | ||
and benefits, the Secretary of State is authorized to issue | ||
Illinois Identification Cards and Illinois Person with a | ||
Disability Identification Cards with the word "veteran" | ||
appearing on the face of the cards. This authorization is | ||
predicated on the unique status of veterans. The Secretary may |
not issue any other identification card which identifies an | ||
occupation, status, affiliation, hobby, or other unique | ||
characteristics of the identification card holder which is | ||
unrelated to the purpose of the identification card.
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(c-5) Beginning on or before July 1, 2015, the Secretary of | ||
State shall designate a space on each original or renewal | ||
identification card where, at the request of the applicant, the | ||
word "veteran" shall be placed. The veteran designation shall | ||
be available to a person identified as a veteran under | ||
subsection (b) of Section 5 of this Act who was discharged or | ||
separated under honorable conditions. | ||
(d) The Secretary of State may issue a Senior Citizen
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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
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card and prior to its use for any purpose, shall have affixed | ||
thereon in
the space provided therefor his signature or mark.
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(e) The Secretary of State, in his or her discretion, may | ||
designate on each Illinois
Identification Card or Illinois | ||
Person with a Disability 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 Person with a Disability Identification Card. | ||||||||||||||||||||||||||||
(Source: P.A. 99-143, eff. 7-27-15; 99-173, eff. 7-29-15; | ||||||||||||||||||||||||||||
99-305, eff. 1-1-16; 99-642, eff. 7-28-16; 99-907, eff. 7-1-17; | ||||||||||||||||||||||||||||
100-513, eff. 1-1-18 .)
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(15 ILCS 335/12) (from Ch. 124, par. 32) | ||||||||||||||||||||||||||||
Sec. 12. Fees concerning standard Illinois Identification | ||||||||||||||||||||||||||||
Cards. The fees required under this Act for standard Illinois
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Identification Cards must accompany any application provided | ||||||||||||||||||||||||||||
for in this
Act, and the Secretary shall collect such fees as | ||||||||||||||||||||||||||||
follows: | ||||||||||||||||||||||||||||
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All fees collected under this Act shall be paid into the | ||||||||||||||||||||||||||
Road Fund of the State treasury, except that the following | ||||||||||||||||||||||||||
amounts shall be paid into the General Revenue Fund:
(i) 80% of | ||||||||||||||||||||||||||
the fee for an original, renewal, or duplicate Illinois | ||||||||||||||||||||||||||
Identification Card issued on or after January 1, 2005;
and | ||||||||||||||||||||||||||
(ii) 80% of the fee for a corrected Illinois Identification | ||||||||||||||||||||||||||
Card issued on or after January 1, 2005.
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An individual, who resides in a veterans home or veterans | ||||||||||||||||||||||||||
hospital
operated by the State or federal government, who makes | ||||||||||||||||||||||||||
an application for an
Illinois Identification Card to be issued | ||||||||||||||||||||||||||
at no fee, must submit, along
with the application, an | ||||||||||||||||||||||||||
affirmation by the applicant on a form provided by
the | ||||||||||||||||||||||||||
Secretary of State, that such person resides in a veterans home | ||||||||||||||||||||||||||
or
veterans hospital operated by the State or federal |
government. | ||
The application of a homeless individual for an Illinois | ||
Identification Card to be issued at no fee must be accompanied | ||
by an affirmation by a qualified person, as defined in Section | ||
4C of this Act, on a form provided by the Secretary of State, | ||
that the applicant is currently homeless as defined in Section | ||
1A of this Act. | ||
For the application for the first Illinois Identification | ||
Card of a youth for whom the Department of Children and Family | ||
Services is legally responsible or a foster child to be issued | ||
at no fee, the youth must submit, along with the application, | ||
an affirmation by his or her court appointed attorney or an | ||
employee of the Department of Children and Family Services on a | ||
form provided by the Secretary of State, that the person is a | ||
youth for whom the Department of Children and Family Services | ||
is legally responsible or a foster child. | ||
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 showing that his or her | ||
identification card was stolen. | ||
The fee for any duplicate identification card shall be | ||
waived for any person age 60 or older whose identification card | ||
has been lost or stolen. | ||
As used in this Section, "active-duty member of the United | ||
States Armed Forces" means a member of the Armed Services or | ||
Reserve Forces of the United States or a member of the Illinois |
National Guard who is called to active duty pursuant to an | ||
executive order of the President of the United States, an act | ||
of the Congress of the United States, or an order of the | ||
Governor. | ||
(Source: P.A. 99-607, eff. 7-22-16; 99-659, eff. 7-28-17; | ||
99-907, eff. 7-1-17; 100-201, eff. 8-18-17.)
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Section 99. Effective date. This Act takes effect July 1, | ||
2019.
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