97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB1484

 

Introduced , by Rep. Chapin Rose

 

SYNOPSIS AS INTRODUCED:
 
15 ILCS 335/4  from Ch. 124, par. 24
15 ILCS 335/5  from Ch. 124, par. 25

    Amends the Illinois Identification Card Act. Provides that a photograph is not required on an Illinois Identification Card or an Illinois Disabled Person Identification Card if the applicant is prohibited by bona fide religious convictions from being photographed. Requires that the Secretary of State determine by rule which religious orders and sects have bona fide religious convictions against a person being photographed.


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A BILL FOR

 

HB1484LRB097 03061 RLJ 43093 b

1    AN ACT concerning State government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Identification Card Act is amended
5by changing Sections 4 and 5 as follows:
 
6    (15 ILCS 335/4)  (from Ch. 124, par. 24)
7    Sec. 4. Identification Card.
8    (a) The Secretary of State shall issue a standard Illinois
9Identification Card to any natural person who is a resident of
10the State of Illinois who applies for such card, or renewal
11thereof, or who applies for a standard Illinois Identification
12Card upon release as a committed person on parole, mandatory
13supervised release, final discharge, or pardon from the
14Department of Corrections by submitting an identification card
15issued by the Department of Corrections under Section 3-14-1 of
16the Unified Code of Corrections, together with the prescribed
17fees. No identification card shall be issued to any person who
18holds a valid foreign state identification card, license, or
19permit unless the person first surrenders to the Secretary of
20State the valid foreign state identification card, license, or
21permit. The card shall be prepared and supplied by the
22Secretary of State and shall include a photograph and signature
23or mark of the applicant. A photograph is not required,

 

 

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1however, if the applicant is prohibited by bona fide religious
2convictions from being photographed. The Secretary of State
3shall determine by rule which religious orders and sects have
4bona fide religious convictions against a person being
5photographed. The Illinois Identification Card may be used for
6identification purposes in any lawful situation only by the
7person to whom it was issued. As used in this Act, "photograph"
8means any color photograph or digitally produced and captured
9image of an applicant for an identification card. As used in
10this Act, "signature" means the name of a person as written by
11that person and captured in a manner acceptable to the
12Secretary of State.
13    (a-5) If an applicant for an identification card has a
14current driver's license or instruction permit issued by the
15Secretary of State, the Secretary may require the applicant to
16utilize the same residence address and name on the
17identification card, driver's license, and instruction permit
18records maintained by the Secretary. The Secretary may
19promulgate rules to implement this provision.
20    (b) The Secretary of State shall issue a special Illinois
21Identification Card, which shall be known as an Illinois
22Disabled Person Identification Card, to any natural person who
23is a resident of the State of Illinois, who is a disabled
24person as defined in Section 4A of this Act, who applies for
25such card, or renewal thereof. No Disabled Person
26Identification Card shall be issued to any person who holds a

 

 

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1valid foreign state identification card, license, or permit
2unless the person first surrenders to the Secretary of State
3the valid foreign state identification card, license, or
4permit. The Secretary of State shall charge no fee to issue
5such card. The card shall be prepared and supplied by the
6Secretary of State, and shall include a photograph and
7signature or mark of the applicant, a designation indicating
8that the card is an Illinois Disabled Person Identification
9Card, and shall include a comprehensible designation of the
10type and classification of the applicant's disability as set
11out in Section 4A of this Act. A photograph is not required,
12however, if the applicant is prohibited by bona fide religious
13convictions from being photographed. The Secretary of State
14shall determine by rule which religious orders and sects have
15bona fide religious convictions against a person being
16photographed. If the applicant so requests, the card shall
17include a description of the applicant's disability and any
18information about the applicant's disability or medical
19history which the Secretary determines would be helpful to the
20applicant in securing emergency medical care. If a mark is used
21in lieu of a signature, such mark shall be affixed to the card
22in the presence of two witnesses who attest to the authenticity
23of the mark. The Illinois Disabled Person Identification Card
24may be used for identification purposes in any lawful situation
25by the person to whom it was issued.
26    The Illinois Disabled Person Identification Card may be

 

 

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1used as adequate documentation of disability in lieu of a
2physician's determination of disability, a determination of
3disability from a physician assistant who has been delegated
4the authority to make this determination by his or her
5supervising physician, a determination of disability from an
6advanced practice nurse who has a written collaborative
7agreement with a collaborating physician that authorizes the
8advanced practice nurse to make this determination, or any
9other documentation of disability whenever any State law
10requires that a disabled person provide such documentation of
11disability, however an Illinois Disabled Person Identification
12Card shall not qualify the cardholder to participate in any
13program or to receive any benefit which is not available to all
14persons with like disabilities. Notwithstanding any other
15provisions of law, an Illinois Disabled Person Identification
16Card, or evidence that the Secretary of State has issued an
17Illinois Disabled Person Identification Card, shall not be used
18by any person other than the person named on such card to prove
19that the person named on such card is a disabled person or for
20any other purpose unless the card is used for the benefit of
21the person named on such card, and the person named on such
22card consents to such use at the time the card is so used.
23    An optometrist's determination of a visual disability
24under Section 4A of this Act is acceptable as documentation for
25the purpose of issuing an Illinois Disabled Person
26Identification Card.

 

 

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1    When medical information is contained on an Illinois
2Disabled Person Identification Card, the Office of the
3Secretary of State shall not be liable for any actions taken
4based upon that medical information.
5    (c) Beginning January 1, 1986, the Secretary of State shall
6provide that each original or renewal Illinois Identification
7Card or Illinois Disabled Person Identification Card issued to
8a person under the age of 21, shall be of a distinct nature
9from those Illinois Identification Cards or Illinois Disabled
10Person Identification Cards issued to individuals 21 years of
11age or older. The color designated for Illinois Identification
12Cards or Illinois Disabled Person Identification Cards for
13persons under the age of 21 shall be at the discretion of the
14Secretary of State.
15    (c-1) Beginning January 1, 2003, each original or renewal
16Illinois Identification Card or Illinois Disabled Person
17Identification Card issued to a person under the age of 21
18shall display the date upon which the person becomes 18 years
19of age and the date upon which the person becomes 21 years of
20age.
21    (d) The Secretary of State may issue a Senior Citizen
22discount card, to any natural person who is a resident of the
23State of Illinois who is 60 years of age or older and who
24applies for such a card or renewal thereof. The Secretary of
25State shall charge no fee to issue such card. The card shall be
26issued in every county and applications shall be made available

 

 

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1at, but not limited to, nutrition sites, senior citizen centers
2and Area Agencies on Aging. The applicant, upon receipt of such
3card and prior to its use for any purpose, shall have affixed
4thereon in the space provided therefor his signature or mark.
5    (e) The Secretary of State, in his or her discretion, may
6designate on each Illinois Identification Card or Illinois
7Disabled Person Identification Card a space where the card
8holder may place a sticker or decal, issued by the Secretary of
9State, of uniform size as the Secretary may specify, that shall
10indicate in appropriate language that the card holder has
11renewed his or her Illinois Identification Card or Illinois
12Disabled Person Identification Card.
13(Source: P.A. 95-762, eff. 1-1-09; 95-779, eff. 1-1-09; 96-146,
14eff. 1-1-10; 96-328, eff. 8-11-09; 96-1231, eff. 7-23-10.)
 
15    (15 ILCS 335/5)  (from Ch. 124, par. 25)
16    Sec. 5. Applications. Any natural person who is a resident
17of the State of Illinois, may file an application for an
18identification card or for the renewal thereof, in a manner
19prescribed by the Secretary. Each original application shall be
20completed by the applicant in full and shall set forth the
21legal name, residence address and zip code, social security
22number, birth date, sex and a brief description of the
23applicant. The applicant shall be photographed, unless the
24applicant is exempt under subsection (a) or (b) of Section 4,
25and he or she shall also submit any other information as the

 

 

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1Secretary may deem necessary or such documentation as the
2Secretary may require to determine the identity of the
3applicant. In addition to the residence address, the Secretary
4may allow the applicant to provide a mailing address. An
5applicant for a disabled persons card must also submit with
6each original or renewal application, on forms prescribed by
7the Secretary, such documentation as the Secretary may require,
8establishing that the applicant is a "disabled person" as
9defined in Section 4A of this Act, and setting forth the
10applicant's type and class of disability as set forth in
11Section 4A of this Act.
12(Source: P.A. 96-1231, eff. 7-23-10.)