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Illinois House Bill HB1435

Illinois 2023-2024 Regular Session

Illinois House Bill HB1435 Compare Versions

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11 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. LRB103 26163 DTM 52521 b A BILL FOR 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 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. LRB103 26163 DTM 52521 b LRB103 26163 DTM 52521 b A BILL FOR
22 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1435 Introduced , by Rep. Chris Miller SYNOPSIS AS INTRODUCED:
33 15 ILCS 335/4 from Ch. 124, par. 24 15 ILCS 335/4 from Ch. 124, par. 24
44 15 ILCS 335/4 from Ch. 124, par. 24
55 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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1111 1 AN ACT concerning State government.
1212 2 Be it enacted by the People of the State of Illinois,
1313 3 represented in the General Assembly:
1414 4 Section 5. The Illinois Identification Card Act is amended
1515 5 by changing Section 4 as follows:
1616 6 (15 ILCS 335/4) (from Ch. 124, par. 24)
1717 7 Sec. 4. Identification card.
1818 8 (a) The Secretary of State shall issue a standard Illinois
1919 9 Identification Card to any natural person who is a resident of
2020 10 the State of Illinois who applies for such card, or renewal
2121 11 thereof. No identification card shall be issued to any person
2222 12 who holds a valid foreign state identification card, license,
2323 13 or permit unless the person first surrenders to the Secretary
2424 14 of State the valid foreign state identification card, license,
2525 15 or permit. The card shall be prepared and supplied by the
2626 16 Secretary of State and shall include a photograph and
2727 17 signature or mark of the applicant. However, the Secretary of
2828 18 State may provide by rule for the issuance of Illinois
2929 19 Identification Cards without photographs if the applicant has
3030 20 a bona fide religious objection to being photographed or to
3131 21 the display of his or her photograph. The Illinois
3232 22 Identification Card may be used for identification purposes in
3333 23 any lawful situation only by the person to whom it was issued.
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3737 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1435 Introduced , by Rep. Chris Miller SYNOPSIS AS INTRODUCED:
3838 15 ILCS 335/4 from Ch. 124, par. 24 15 ILCS 335/4 from Ch. 124, par. 24
3939 15 ILCS 335/4 from Ch. 124, par. 24
4040 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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6868 1 As used in this Act, "photograph" means any color photograph
6969 2 or digitally produced and captured image of an applicant for
7070 3 an identification card. As used in this Act, "signature" means
7171 4 the name of a person as written by that person and captured in
7272 5 a manner acceptable to the Secretary of State.
7373 6 (a-5) If an applicant for an identification card has a
7474 7 current driver's license or instruction permit issued by the
7575 8 Secretary of State, the Secretary may require the applicant to
7676 9 utilize the same residence address and name on the
7777 10 identification card, driver's license, and instruction permit
7878 11 records maintained by the Secretary. The Secretary may
7979 12 promulgate rules to implement this provision.
8080 13 (a-10) If the applicant is a judicial officer as defined
8181 14 in Section 1-10 of the Judicial Privacy Act or a peace officer,
8282 15 the applicant may elect to have his or her office or work
8383 16 address listed on the card instead of the applicant's
8484 17 residence or mailing address. The Secretary may promulgate
8585 18 rules to implement this provision. For the purposes of this
8686 19 subsection (a-10), "peace officer" means any person who by
8787 20 virtue of his or her office or public employment is vested by
8888 21 law with a duty to maintain public order or to make arrests for
8989 22 a violation of any penal statute of this State, whether that
9090 23 duty extends to all violations or is limited to specific
9191 24 violations.
9292 25 (a-15) The Secretary of State may provide for an expedited
9393 26 process for the issuance of an Illinois Identification Card.
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104104 1 The Secretary shall charge an additional fee for the expedited
105105 2 issuance of an Illinois Identification Card, to be set by
106106 3 rule, not to exceed $75. All fees collected by the Secretary
107107 4 for expedited Illinois Identification Card service shall be
108108 5 deposited into the Secretary of State Special Services Fund.
109109 6 The Secretary may adopt rules regarding the eligibility,
110110 7 process, and fee for an expedited Illinois Identification
111111 8 Card. If the Secretary of State determines that the volume of
112112 9 expedited identification card requests received on a given day
113113 10 exceeds the ability of the Secretary to process those requests
114114 11 in an expedited manner, the Secretary may decline to provide
115115 12 expedited services, and the additional fee for the expedited
116116 13 service shall be refunded to the applicant.
117117 14 (a-20) The Secretary of State shall issue a standard
118118 15 Illinois Identification Card to a committed person upon
119119 16 release on parole, mandatory supervised release, aftercare
120120 17 release, final discharge, or pardon from the Department of
121121 18 Corrections or Department of Juvenile Justice, if the released
122122 19 person presents a certified copy of his or her birth
123123 20 certificate, social security card or other documents
124124 21 authorized by the Secretary, and 2 documents proving his or
125125 22 her Illinois residence address. Documents proving residence
126126 23 address may include any official document of the Department of
127127 24 Corrections or the Department of Juvenile Justice showing the
128128 25 released person's address after release and a Secretary of
129129 26 State prescribed certificate of residency form, which may be
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140140 1 executed by Department of Corrections or Department of
141141 2 Juvenile Justice personnel.
142142 3 (a-25) The Secretary of State shall issue a limited-term
143143 4 Illinois Identification Card valid for 90 days to a committed
144144 5 person upon release on parole, mandatory supervised release,
145145 6 aftercare release, final discharge, or pardon from the
146146 7 Department of Corrections or Department of Juvenile Justice,
147147 8 if the released person is unable to present a certified copy of
148148 9 his or her birth certificate and social security card or other
149149 10 documents authorized by the Secretary, but does present a
150150 11 Secretary of State prescribed verification form completed by
151151 12 the Department of Corrections or Department of Juvenile
152152 13 Justice, verifying the released person's date of birth and
153153 14 social security number and 2 documents proving his or her
154154 15 Illinois residence address. The verification form must have
155155 16 been completed no more than 30 days prior to the date of
156156 17 application for the Illinois Identification Card. Documents
157157 18 proving residence address shall include any official document
158158 19 of the Department of Corrections or the Department of Juvenile
159159 20 Justice showing the person's address after release and a
160160 21 Secretary of State prescribed certificate of residency, which
161161 22 may be executed by Department of Corrections or Department of
162162 23 Juvenile Justice personnel.
163163 24 Prior to the expiration of the 90-day period of the
164164 25 limited-term Illinois Identification Card, if the released
165165 26 person submits to the Secretary of State a certified copy of
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176176 1 his or her birth certificate and his or her social security
177177 2 card or other documents authorized by the Secretary, a
178178 3 standard Illinois Identification Card shall be issued. A
179179 4 limited-term Illinois Identification Card may not be renewed.
180180 5 (a-30) The Secretary of State shall issue a standard
181181 6 Illinois Identification Card to a person upon conditional
182182 7 release or absolute discharge from the custody of the
183183 8 Department of Human Services, if the person presents a
184184 9 certified copy of his or her birth certificate, social
185185 10 security card, or other documents authorized by the Secretary,
186186 11 and a document proving his or her Illinois residence address.
187187 12 The Secretary of State shall issue a standard Illinois
188188 13 Identification Card to a person prior to his or her
189189 14 conditional release or absolute discharge if personnel from
190190 15 the Department of Human Services bring the person to a
191191 16 Secretary of State location with the required documents.
192192 17 Documents proving residence address may include any official
193193 18 document of the Department of Human Services showing the
194194 19 person's address after release and a Secretary of State
195195 20 prescribed verification form, which may be executed by
196196 21 personnel of the Department of Human Services.
197197 22 (a-35) The Secretary of State shall issue a limited-term
198198 23 Illinois Identification Card valid for 90 days to a person
199199 24 upon conditional release or absolute discharge from the
200200 25 custody of the Department of Human Services, if the person is
201201 26 unable to present a certified copy of his or her birth
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212212 1 certificate and social security card or other documents
213213 2 authorized by the Secretary, but does present a Secretary of
214214 3 State prescribed verification form completed by the Department
215215 4 of Human Services, verifying the person's date of birth and
216216 5 social security number, and a document proving his or her
217217 6 Illinois residence address. The verification form must have
218218 7 been completed no more than 30 days prior to the date of
219219 8 application for the Illinois Identification Card. The
220220 9 Secretary of State shall issue a limited-term Illinois
221221 10 Identification Card to a person no sooner than 14 days prior to
222222 11 his or her conditional release or absolute discharge if
223223 12 personnel from the Department of Human Services bring the
224224 13 person to a Secretary of State location with the required
225225 14 documents. Documents proving residence address shall include
226226 15 any official document of the Department of Human Services
227227 16 showing the person's address after release and a Secretary of
228228 17 State prescribed verification form, which may be executed by
229229 18 personnel of the Department of Human Services.
230230 19 (b) The Secretary of State shall issue a special Illinois
231231 20 Identification Card, which shall be known as an Illinois
232232 21 Person with a Disability Identification Card, to any natural
233233 22 person who is a resident of the State of Illinois, who is a
234234 23 person with a disability as defined in Section 4A of this Act,
235235 24 who applies for such card, or renewal thereof. No Illinois
236236 25 Person with a Disability Identification Card shall be issued
237237 26 to any person who holds a valid foreign state identification
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248248 1 card, license, or permit unless the person first surrenders to
249249 2 the Secretary of State the valid foreign state identification
250250 3 card, license, or permit. The Secretary of State shall charge
251251 4 no fee to issue such card. The card shall be prepared and
252252 5 supplied by the Secretary of State, and shall include a
253253 6 photograph and signature or mark of the applicant, a
254254 7 designation indicating that the card is an Illinois Person
255255 8 with a Disability Identification Card, and shall include a
256256 9 comprehensible designation of the type and classification of
257257 10 the applicant's disability as set out in Section 4A of this
258258 11 Act. However, the Secretary of State shall may provide by rule
259259 12 for the issuance of Illinois Person with a Disability
260260 13 Identification Cards without photographs if the applicant has
261261 14 a bona fide religious objection to being photographed or to
262262 15 the display of his or her photograph. If the applicant so
263263 16 requests, the card shall include a description of the
264264 17 applicant's disability and any information about the
265265 18 applicant's disability or medical history which the Secretary
266266 19 determines would be helpful to the applicant in securing
267267 20 emergency medical care. If a mark is used in lieu of a
268268 21 signature, such mark shall be affixed to the card in the
269269 22 presence of two witnesses who attest to the authenticity of
270270 23 the mark. The Illinois Person with a Disability Identification
271271 24 Card may be used for identification purposes in any lawful
272272 25 situation by the person to whom it was issued.
273273 26 The Illinois Person with a Disability Identification Card
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284284 1 may be used as adequate documentation of disability in lieu of
285285 2 a physician's determination of disability, a determination of
286286 3 disability from a physician assistant, a determination of
287287 4 disability from an advanced practice registered nurse, or any
288288 5 other documentation of disability whenever any State law
289289 6 requires that a person with a disability provide such
290290 7 documentation of disability, however an Illinois Person with a
291291 8 Disability Identification Card shall not qualify the
292292 9 cardholder to participate in any program or to receive any
293293 10 benefit which is not available to all persons with like
294294 11 disabilities. Notwithstanding any other provisions of law, an
295295 12 Illinois Person with a Disability Identification Card, or
296296 13 evidence that the Secretary of State has issued an Illinois
297297 14 Person with a Disability Identification Card, shall not be
298298 15 used by any person other than the person named on such card to
299299 16 prove that the person named on such card is a person with a
300300 17 disability or for any other purpose unless the card is used for
301301 18 the benefit of the person named on such card, and the person
302302 19 named on such card consents to such use at the time the card is
303303 20 so used.
304304 21 An optometrist's determination of a visual disability
305305 22 under Section 4A of this Act is acceptable as documentation
306306 23 for the purpose of issuing an Illinois Person with a
307307 24 Disability Identification Card.
308308 25 When medical information is contained on an Illinois
309309 26 Person with a Disability Identification Card, the Office of
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320320 1 the Secretary of State shall not be liable for any actions
321321 2 taken based upon that medical information.
322322 3 (c) The Secretary of State shall provide that each
323323 4 original or renewal Illinois Identification Card or Illinois
324324 5 Person with a Disability Identification Card issued to a
325325 6 person under the age of 21 shall be of a distinct nature from
326326 7 those Illinois Identification Cards or Illinois Person with a
327327 8 Disability Identification Cards issued to individuals 21 years
328328 9 of age or older. The color designated for Illinois
329329 10 Identification Cards or Illinois Person with a Disability
330330 11 Identification Cards for persons under the age of 21 shall be
331331 12 at the discretion of the Secretary of State.
332332 13 (c-1) Each original or renewal Illinois Identification
333333 14 Card or Illinois Person with a Disability Identification Card
334334 15 issued to a person under the age of 21 shall display the date
335335 16 upon which the person becomes 18 years of age and the date upon
336336 17 which the person becomes 21 years of age.
337337 18 (c-3) The General Assembly recognizes the need to identify
338338 19 military veterans living in this State for the purpose of
339339 20 ensuring that they receive all of the services and benefits to
340340 21 which they are legally entitled, including healthcare,
341341 22 education assistance, and job placement. To assist the State
342342 23 in identifying these veterans and delivering these vital
343343 24 services and benefits, the Secretary of State is authorized to
344344 25 issue Illinois Identification Cards and Illinois Person with a
345345 26 Disability Identification Cards with the word "veteran"
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356356 1 appearing on the face of the cards. This authorization is
357357 2 predicated on the unique status of veterans. The Secretary may
358358 3 not issue any other identification card which identifies an
359359 4 occupation, status, affiliation, hobby, or other unique
360360 5 characteristics of the identification card holder which is
361361 6 unrelated to the purpose of the identification card.
362362 7 (c-5) Beginning on or before July 1, 2015, the Secretary
363363 8 of State shall designate a space on each original or renewal
364364 9 identification card where, at the request of the applicant,
365365 10 the word "veteran" shall be placed. The veteran designation
366366 11 shall be available to a person identified as a veteran under
367367 12 subsection (b) of Section 5 of this Act who was discharged or
368368 13 separated under honorable conditions.
369369 14 (d) The Secretary of State may issue a Senior Citizen
370370 15 discount card, to any natural person who is a resident of the
371371 16 State of Illinois who is 60 years of age or older and who
372372 17 applies for such a card or renewal thereof. The Secretary of
373373 18 State shall charge no fee to issue such card. The card shall be
374374 19 issued in every county and applications shall be made
375375 20 available at, but not limited to, nutrition sites, senior
376376 21 citizen centers and Area Agencies on Aging. The applicant,
377377 22 upon receipt of such card and prior to its use for any purpose,
378378 23 shall have affixed thereon in the space provided therefor his
379379 24 signature or mark.
380380 25 (e) The Secretary of State, in his or her discretion, may
381381 26 designate on each Illinois Identification Card or Illinois
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392392 1 Person with a Disability Identification Card a space where the
393393 2 card holder may place a sticker or decal, issued by the
394394 3 Secretary of State, of uniform size as the Secretary may
395395 4 specify, that shall indicate in appropriate language that the
396396 5 card holder has renewed his or her Illinois Identification
397397 6 Card or Illinois Person with a Disability Identification Card.
398398 7 (Source: P.A. 102-299, eff. 8-6-21.)
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