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| | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB1435 Introduced , by Rep. Chris Miller SYNOPSIS AS INTRODUCED:
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| 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.
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2 | | Be it enacted by the People of the State of Illinois,
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3 | | represented in the General Assembly:
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4 | | Section 5. The Illinois Identification Card Act is amended |
5 | | by changing Section 4 as follows:
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6 | | (15 ILCS 335/4) (from Ch. 124, par. 24)
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7 | | Sec. 4. Identification card.
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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.
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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
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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,
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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
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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
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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.
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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
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5 | | other documentation
of disability whenever
any
State law
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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.
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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.
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3 | | (c) The Secretary of State shall provide
that each |
4 | | original or renewal Illinois Identification Card or Illinois
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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.
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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.
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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.
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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
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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.
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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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