96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB0446

 

Introduced 2/4/2009, by Rep. Paul D. Froehlich

 

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

    Amends the Illinois Identification Card Act. Requires the Secretary of State to affix the signature or mark of the applicant for standard Illinois Identification Cards and Illinois Disabled Person Identification Cards, rather than requiring each applicant to affix his or her signature to the card upon receipt and prior to its use for any purpose.


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A BILL FOR

 

HB0446 LRB096 03916 AJT 13951 b

1     AN ACT concerning State government.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Illinois Identification Card Act is amended
5 by changing Section 4 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
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, or who applies for a standard Illinois Identification
12 Card upon release as a committed person on parole, mandatory
13 supervised release, final discharge, or pardon from the
14 Department of Corrections by submitting an identification card
15 issued by the Department of Corrections under Section 3-14-1 of
16 the Unified Code of Corrections, together with the prescribed
17 fees. No identification card shall be issued to any person who
18 holds a valid foreign state identification card, license, or
19 permit unless the person first surrenders to the Secretary of
20 State the valid foreign state identification card, license, or
21 permit. The card shall be prepared and supplied by the
22 Secretary of State and shall include a photograph and signature
23 or mark of the applicant. The applicant, upon receipt of a card

 

 

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1 and prior to its use for any purpose, shall affix his signature
2 thereon in the space provided therefor. The Illinois
3 Identification Card may be used for identification purposes in
4 any lawful situation only by the person to whom it was issued.
5 As used in this Act, "photograph" means any color photograph or
6 digitally produced and captured image of an applicant for an
7 identification card. As used in this Act, "signature" means the
8 name of a person as written by that person and captured in a
9 manner acceptable to the Secretary of State.
10     (b) The Secretary of State shall issue a special Illinois
11 Identification Card, which shall be known as an Illinois
12 Disabled Person Identification Card, to any natural person who
13 is a resident of the State of Illinois, who is a disabled
14 person as defined in Section 4A of this Act, who applies for
15 such card, or renewal thereof. No Disabled Person
16 Identification Card shall be issued to any person who holds a
17 valid foreign state identification card, license, or permit
18 unless the person first surrenders to the Secretary of State
19 the valid foreign state identification card, license, or
20 permit. The Secretary of State shall charge no fee to issue
21 such card. The card shall be prepared and supplied by the
22 Secretary of State, and shall include a photograph and
23 signature or mark of the applicant, a designation indicating
24 that the card is an Illinois Disabled Person Identification
25 Card, and shall include a comprehensible designation of the
26 type and classification of the applicant's disability as set

 

 

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1 out in Section 4A of this Act. If the applicant so requests,
2 the card shall include a description of the applicant's
3 disability and any information about the applicant's
4 disability or medical history which the Secretary determines
5 would be helpful to the applicant in securing emergency medical
6 care. The applicant, upon receipt of such a card and prior to
7 its use for any purpose, shall have affixed thereon in the
8 space provided therefor his signature or mark. If a mark is
9 used in lieu of a signature, such mark shall be affixed to the
10 card in the presence of two witnesses who attest to the
11 authenticity of the mark. The Illinois Disabled Person
12 Identification Card may be used for identification purposes in
13 any lawful situation by the person to whom it was issued.
14     The Illinois Disabled Person Identification Card may be
15 used as adequate documentation of disability in lieu of a
16 physician's determination of disability, a determination of
17 disability from a physician assistant who has been delegated
18 the authority to make this determination by his or her
19 supervising physician, a determination of disability from an
20 advanced practice nurse who has a written collaborative
21 agreement with a collaborating physician that authorizes the
22 advanced practice nurse to make this determination, or any
23 other documentation of disability whenever any State law
24 requires that a disabled person provide such documentation of
25 disability, however an Illinois Disabled Person Identification
26 Card shall not qualify the cardholder to participate in any

 

 

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1 program or to receive any benefit which is not available to all
2 persons with like disabilities. Notwithstanding any other
3 provisions of law, an Illinois Disabled Person Identification
4 Card, or evidence that the Secretary of State has issued an
5 Illinois Disabled Person Identification Card, shall not be used
6 by any person other than the person named on such card to prove
7 that the person named on such card is a disabled person or for
8 any other purpose unless the card is used for the benefit of
9 the person named on such card, and the person named on such
10 card consents to such use at the time the card is so used.
11     An optometrist's determination of a visual disability
12 under Section 4A of this Act is acceptable as documentation for
13 the purpose of issuing an Illinois Disabled Person
14 Identification Card.
15     When medical information is contained on an Illinois
16 Disabled Person Identification Card, the Office of the
17 Secretary of State shall not be liable for any actions taken
18 based upon that medical information.
19     (c) Beginning January 1, 1986, the Secretary of State shall
20 provide that each original or renewal Illinois Identification
21 Card or Illinois Disabled Person Identification Card issued to
22 a person under the age of 21, shall be of a distinct nature
23 from those Illinois Identification Cards or Illinois Disabled
24 Person Identification Cards issued to individuals 21 years of
25 age or older. The color designated for Illinois Identification
26 Cards or Illinois Disabled Person Identification Cards for

 

 

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1 persons under the age of 21 shall be at the discretion of the
2 Secretary of State.
3     (c-1) Beginning January 1, 2003, each original or renewal
4 Illinois Identification Card or Illinois Disabled Person
5 Identification Card issued to a person under the age of 21
6 shall display the date upon which the person becomes 18 years
7 of age and the date upon which the person becomes 21 years of
8 age.
9     (d) The Secretary of State may issue a Senior Citizen
10 discount card, to any natural person who is a resident of the
11 State of Illinois who is 60 years of age or older and who
12 applies for such a card or renewal thereof. The Secretary of
13 State shall charge no fee to issue such card. The card shall be
14 issued in every county and applications shall be made available
15 at, but not limited to, nutrition sites, senior citizen centers
16 and Area Agencies on Aging. The applicant, upon receipt of such
17 card and prior to its use for any purpose, shall have affixed
18 thereon in the space provided therefor his signature or mark.
19     (e) The Secretary of State, in his or her discretion, may
20 designate on each Illinois Identification Card or Illinois
21 Disabled Person Identification Card a space where the card
22 holder may place a sticker or decal, issued by the Secretary of
23 State, of uniform size as the Secretary may specify, that shall
24 indicate in appropriate language that the card holder has
25 renewed his or her Illinois Identification Card or Illinois
26 Disabled Person Identification Card.

 

 

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1 (Source: P.A. 95-762, eff. 1-1-09; 95-779, eff. 1-1-09; revised
2 9-5-08.)