Bill Text: IL HB1435 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: 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.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2024-04-05 - Rule 19(a) / Re-referred to Rules Committee [HB1435 Detail]

Download: Illinois-2023-HB1435-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1435 Introduced , by Rep. Chris Miller SYNOPSIS AS INTRODUCED:
15 ILCS 335/4 from Ch. 124, par. 24
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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AN ACT concerning State government.
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 Section 4 as follows:
(15 ILCS 335/4) (from Ch. 124, par. 24)
Sec. 4. Identification card.
(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.

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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.
(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.

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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

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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

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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 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

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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
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

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card, license, or permit unless the person first surrenders to
the 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 shall 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 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.
The Illinois Person with a Disability Identification Card

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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
other documentation of disability whenever any State law
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.
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

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the Secretary of State shall not be liable for any actions
taken based upon that medical information.
(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.
(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.
(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"

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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.
(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
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 card and prior to its use for any purpose,
shall have affixed thereon in the space provided therefor his
signature or mark.
(e) The Secretary of State, in his or her discretion, may
designate on each Illinois Identification Card or Illinois

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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. 102-299, eff. 8-6-21.)