Bill Text: IL HB0897 | 2009-2010 | 96th General Assembly | Engrossed

NOTE: There are more recent revisions of this legislation. Read Latest Draft

---

Bill Title: Amends the Illinois Identification Card Act to authorize identification cards for homeless persons at no fee. Effective immediately.

Spectrum: Partisan Bill (Democrat 7-0)

Status: (Passed) 2009-08-10 - Public Act . . . . . . . . . 96-0183 [HB0897 Detail]

Download: Illinois-2009-HB0897-Engrossed.html

---

HB0897 Engrossed LRB096 09083 RCE 19224 b
AN ACT concerning identification cards.
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 1A, 2, and 12 and by adding Section 4C as
follows:
(15 ILCS 335/1A)
Sec. 1A. Definitions. As used in this Act:
"Highly restricted personal information" means an
individual's photograph, signature, social security number,
and medical or disability information.
"Identification card making implement" means any material,
hardware, or software that is specifically designed for or
primarily used in the manufacture, assembly, issuance, or
authentication of an official identification card issued by the
Secretary of State.
"Fraudulent identification card" means any identification
card that purports to be an official identification card for
which a computerized number and file have not been created by
the Secretary of State, the United States Government or any
state or political subdivision thereof, or any governmental or
quasi-governmental organization. For the purpose of this Act,
any identification card that resembles an official

HB0897 Engrossed - 2 - LRB096 09083 RCE 19224 b
identification card in either size, color, photograph
location, or design or uses the word "official", "state",
"Illinois", or the name of any other state or political
subdivision thereof, or any governmental or quasi-governmental
organization individually or in any combination thereof to
describe or modify the term "identification card" or "I.D.
card" anywhere on the card, or uses a shape in the likeness of
Illinois or any other state on the photograph side of the card,
is deemed to be a fraudulent identification card unless the
words "This is not an official Identification Card", appear
prominently upon it in black colored lettering in 12 point type
on the photograph side of the card, and no such card shall be
smaller in size than 3 inches by 4 inches, and the photograph
shall be on the left side of the card only.
"Legal name" means the full given name and surname of an
individual as recorded at birth, recorded at marriage, or
deemed as the correct legal name for use in reporting income by
the Social Security Administration or the name as otherwise
established through legal action that appears on the associated
official document presented to the Secretary of State.
"Personally identifying information" means information
that identifies an individual, including his or her
identification card number, name, address (but not the 5-digit
zip code), and telephone number.
"Homeless person" or "homeless individual" has the same
meaning as defined by the federal McKinney-Vento Homeless

HB0897 Engrossed - 3 - LRB096 09083 RCE 19224 b
Assistance Act, 42 U.S.C. 11302, or 42 U.S.C. 11434a(2).
(Source: P.A. 93-895, eff. 1-1-05.)
(15 ILCS 335/2) (from Ch. 124, par. 22)
Sec. 2. Administration and powers and duties of the
Administrator.
(a) The Secretary of State is the Administrator of this
Act, and he is charged with the duty of observing,
administering and enforcing the provisions of this Act.
(b) The Secretary is vested with the powers and duties for
the proper administration of this Act as follows:
1. He shall organize the administration of this Act as
he may deem necessary and appoint such subordinate
officers, clerks and other employees as may be necessary.
2. From time to time, he may make, amend or rescind
rules and regulations as may be in the public interest to
implement the Act.
3. He may prescribe or provide suitable forms as
necessary, including such forms as are necessary to
establish that an applicant for an Illinois Disabled Person
Identification Card is a "disabled person" as defined in
Section 4A of this Act, and establish that an applicant for
a State identification card is a "homeless person" as
defined in Section 1A of this Act.
4. He may prepare under the seal of the Secretary of
State certified copies of any records utilized under this

HB0897 Engrossed - 4 - LRB096 09083 RCE 19224 b
Act and any such certified copy shall be admissible in any
proceeding in any court in like manner as the original
thereof.
5. Records compiled under this Act shall be maintained
for 6 years, but the Secretary may destroy such records
with the prior approval of the State Records Commission.
6. He shall examine and determine the genuineness,
regularity and legality of every application filed with him
under this Act, and he may in all cases investigate the
same, require additional information or proof or
documentation from any applicant.
7. He shall require the payment of all fees prescribed
in this Act, and all such fees received by him shall be
placed in the Road Fund of the State treasury except as
otherwise provided in Section 12 of this Act.
(Source: P.A. 93-840, eff. 7-30-04.)
(15 ILCS 335/4C new)
Sec. 4C. Homeless person status. For the purposes of this
Act, an individual's status as a "homeless person" may be
verified by a human services, legal services, or other worker
that has knowledge of the individual's housing status,
including, but not limited to:
(1) a homeless service agency receiving federal,
State, county, or municipal funding to provide those
services or otherwise sanctioned by local continuum of

HB0897 Engrossed - 5 - LRB096 09083 RCE 19224 b
care;
(2) an attorney licensed to practice in the State of
Illinois;
(3) a public school homeless liaison or school social
worker; or
(4) a human services provider funded by the State of
Illinois to serve homeless or runaway youth, individuals
with mental illness, or individuals with addictions.
Individuals who are homeless must not be charged for this
verification. The Secretary of State by rule shall establish
standards and procedures consistent with this Section for
waiver of the Illinois Identification Care fee based on
homelessness, which shall include the name and address of the
individual and the agency providing verification of
homelessness. Any falsification of this official record is
subject to penalty.
(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
Identification Cards must accompany any application provided
for in this Act, and the Secretary shall collect such fees as
follows:
a. Original card issued on or before
December 31, 2004.......................... $4
Original card issued on or after

HB0897 Engrossed - 6 - LRB096 09083 RCE 19224 b
January 1, 2005............................ $20
b. Renewal card issued on or before
December 31, 2004........................... 4
Renewal card issued on or after
January 1, 2005............................ 20
c. Corrected card issued on or before
December 31, 2004........................... 2
Corrected card issued on or after
January 1, 2005............................ 10
d. Duplicate card issued on or before
December 31, 2004........................... 4
Duplicate card issued on or after
January 1, 2005............................. 20
e. Certified copy with seal ................... 5
f. Search ..................................... 2
g. Applicant 65 years of age or over .......... No Fee
h. Disabled applicant ......................... No Fee
i. Individual living in Veterans
Home or Hospital ........................... No Fee
j. Original card issued on or after July 1, 2007
under 18 years of age....................... $10
k. Renewal card issued on or after July 1, 2007
under 18 years of age....................... $10
l. Corrected card issued on or after July 1, 2007
under 18 years of age....................... $5
m. Duplicate card issued on or after July 1, 2007

HB0897 Engrossed - 7 - LRB096 09083 RCE 19224 b
under 18 years of age....................... $10
n. Homeless person............................. No Fee
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.
Any disabled person making an application for a standard
Illinois Identification Card for no fee must, along with the
application, submit an affirmation by the applicant on a form
to be provided by the Secretary of State, attesting that such
person is a disabled person as defined in Section 4A of this
Act.
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

HB0897 Engrossed - 8 - LRB096 09083 RCE 19224 b
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.
(Source: P.A. 95-55, eff. 8-10-07.)
Section 99. Effective date. This Act takes effect July 1,
2010.