Bill Text: IL HB1484 | 2011-2012 | 97th General Assembly | Engrossed
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: 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.
Spectrum: Partisan Bill (Republican 4-0)
Status: (Passed) 2011-08-15 - Public Act . . . . . . . . . 97-0371 [HB1484 Detail]
Download: Illinois-2011-HB1484-Engrossed.html
Bill Title: 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.
Spectrum: Partisan Bill (Republican 4-0)
Status: (Passed) 2011-08-15 - Public Act . . . . . . . . . 97-0371 [HB1484 Detail]
Download: Illinois-2011-HB1484-Engrossed.html
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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 Sections 4 and 5 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,
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
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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
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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. However, the Secretary of State may |
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1 | provide by rule for the issuance of Illinois Identification | ||||||
2 | Cards without photographs if the applicant has a bona fide | ||||||
3 | religious objection to being photographed or to the display of | ||||||
4 | his or her photograph. The Illinois Identification Card may be | ||||||
5 | used for
identification purposes in any lawful situation only | ||||||
6 | by the person to
whom it was issued.
As used in this Act, | ||||||
7 | "photograph" means any color photograph or digitally
produced | ||||||
8 | and captured image of an applicant for an identification card. | ||||||
9 | As
used in this Act, "signature" means the name of a person as | ||||||
10 | written by that
person and captured in a manner acceptable to | ||||||
11 | the Secretary of State. | ||||||
12 | (a-5) If an applicant for an identification card has a | ||||||
13 | current driver's license or instruction permit issued by the | ||||||
14 | Secretary of State, the Secretary may require the applicant to | ||||||
15 | utilize the same residence address and name on the | ||||||
16 | identification card, driver's license, and instruction permit | ||||||
17 | records maintained by the Secretary. The Secretary may | ||||||
18 | promulgate rules to implement this provision.
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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 | Disabled Person
Identification Card, to any natural person who | ||||||
22 | is a resident of the State
of Illinois, who is a disabled | ||||||
23 | person as defined in Section 4A of this Act,
who applies for | ||||||
24 | such card, or renewal thereof. No Disabled Person | ||||||
25 | Identification Card shall be issued to any person who
holds a | ||||||
26 | valid
foreign state identification card, license, or permit |
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1 | unless the person first
surrenders to the
Secretary of State | ||||||
2 | the valid foreign state identification card, license, or
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3 | permit. The Secretary of State
shall charge no fee to issue | ||||||
4 | such card. The card shall be prepared and
supplied by the | ||||||
5 | Secretary of State, and shall include a photograph and | ||||||
6 | signature or mark of the
applicant, a designation indicating | ||||||
7 | that the card is an Illinois Disabled
Person Identification | ||||||
8 | Card, and shall include a comprehensible designation
of the | ||||||
9 | type and classification of the applicant's disability as set | ||||||
10 | out in
Section 4A of this Act. However, the Secretary of State | ||||||
11 | may provide by rule for the issuance of Illinois Disabled | ||||||
12 | Person Identification Cards without photographs if the | ||||||
13 | applicant has a bona fide religious objection to being | ||||||
14 | photographed or to the display of his or her photograph. If the | ||||||
15 | applicant so requests, the card shall
include a description of | ||||||
16 | the applicant's disability and any information
about the | ||||||
17 | applicant's disability or medical history which the Secretary
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18 | determines would be helpful to the applicant in securing | ||||||
19 | emergency medical
care. If a mark is used in lieu of a | ||||||
20 | signature, such mark
shall be affixed to the card in the | ||||||
21 | presence of two witnesses who attest to
the authenticity of the | ||||||
22 | mark. The Illinois
Disabled Person Identification Card may be | ||||||
23 | used for identification purposes
in any lawful situation by the | ||||||
24 | person to whom it was issued.
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25 | The Illinois Disabled Person Identification Card may be | ||||||
26 | used as adequate
documentation of disability in lieu of a |
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1 | physician's determination of
disability, a determination of | ||||||
2 | disability from a physician assistant who has
been delegated | ||||||
3 | the authority to make this determination by his or her
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4 | supervising physician, a determination of disability from an | ||||||
5 | advanced practice
nurse who has a written collaborative | ||||||
6 | agreement with a collaborating physician
that
authorizes the | ||||||
7 | advanced practice nurse to make this determination, or any
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8 | other documentation
of disability whenever
any
State law
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9 | requires that a disabled person provide such documentation of | ||||||
10 | disability,
however an Illinois Disabled Person Identification | ||||||
11 | Card shall not qualify
the cardholder to participate in any | ||||||
12 | program or to receive any benefit
which is not available to all | ||||||
13 | persons with like disabilities.
Notwithstanding any other | ||||||
14 | provisions of law, an Illinois Disabled Person
Identification | ||||||
15 | Card, or evidence that the Secretary of State has issued an
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16 | Illinois Disabled Person Identification Card, shall not be used | ||||||
17 | by any
person other than the person named on such card to prove | ||||||
18 | that the person
named on such card is a disabled person or for | ||||||
19 | any other purpose unless the
card is used for the benefit of | ||||||
20 | the person named on such card, and the
person named on such | ||||||
21 | card consents to such use at the time the card is so used.
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22 | An optometrist's determination of a visual disability | ||||||
23 | under Section 4A of this Act is acceptable as documentation for | ||||||
24 | the purpose of issuing an Illinois Disabled Person | ||||||
25 | Identification Card. | ||||||
26 | When medical information is contained on an Illinois |
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1 | Disabled Person
Identification Card, the Office of the | ||||||
2 | Secretary of State shall not be
liable for any actions taken | ||||||
3 | based upon that medical information.
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4 | (c) Beginning January 1, 1986, the Secretary of State shall | ||||||
5 | provide
that each original or renewal Illinois Identification | ||||||
6 | Card or Illinois
Disabled Person Identification Card issued to | ||||||
7 | a person under the age of 21,
shall be of a distinct nature | ||||||
8 | from those Illinois Identification Cards or
Illinois Disabled | ||||||
9 | Person Identification Cards issued to individuals 21
years of | ||||||
10 | age or older. The color designated for Illinois Identification
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11 | Cards or Illinois Disabled Person Identification Cards for | ||||||
12 | persons under
the age of 21 shall be at the discretion of the | ||||||
13 | Secretary of State.
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14 | (c-1) Beginning January 1, 2003, each original or renewal | ||||||
15 | Illinois
Identification Card or Illinois Disabled Person | ||||||
16 | Identification Card issued to
a person under the age of 21 | ||||||
17 | shall display the date upon which the person
becomes 18 years | ||||||
18 | of age and the date upon which the person becomes 21 years of
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19 | age.
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20 | (d) The Secretary of State may issue a Senior Citizen
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21 | discount card, to any natural person who is a resident of the | ||||||
22 | State of
Illinois who is 60 years of age or older and who | ||||||
23 | applies for such a card or
renewal thereof. The Secretary of | ||||||
24 | State shall charge no fee to issue such
card. The card shall be | ||||||
25 | issued in every county and applications shall be
made available | ||||||
26 | at, but not limited to, nutrition sites, senior citizen
centers |
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1 | and Area Agencies on Aging. The applicant, upon receipt of such
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2 | card and prior to its use for any purpose, shall have affixed | ||||||
3 | thereon in
the space provided therefor his signature or mark.
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4 | (e) The Secretary of State, in his or her discretion, may | ||||||
5 | designate on each Illinois
Identification Card or Illinois | ||||||
6 | Disabled Person Identification Card a space where the card | ||||||
7 | holder may place a sticker or decal, issued by the Secretary of | ||||||
8 | State, of uniform size as the Secretary may specify, that shall | ||||||
9 | indicate in appropriate language that the card holder has | ||||||
10 | renewed his or her Illinois
Identification Card or Illinois | ||||||
11 | Disabled Person Identification Card. | ||||||
12 | (Source: P.A. 95-762, eff. 1-1-09; 95-779, eff. 1-1-09; 96-146, | ||||||
13 | eff. 1-1-10; 96-328, eff. 8-11-09; 96-1231, eff. 7-23-10.)
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14 | (15 ILCS 335/5) (from Ch. 124, par. 25)
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15 | Sec. 5. Applications. Any natural person who is a resident | ||||||
16 | of the
State of Illinois, may file an application for an | ||||||
17 | identification card or for
the renewal thereof, in a manner | ||||||
18 | prescribed by the Secretary. Each original application
shall be | ||||||
19 | completed by the applicant in full and shall set forth the | ||||||
20 | legal
name,
residence address and zip code, social security | ||||||
21 | number, birth date, sex and
a brief
description of the | ||||||
22 | applicant. The applicant shall be photographed , unless the | ||||||
23 | Secretary of State has provided by rule for the issuance of | ||||||
24 | identification cards without photographs and the applicant is | ||||||
25 | deemed eligible for an identification card without a photograph |
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1 | under the terms and conditions imposed by the Secretary of | ||||||
2 | State, and he
or she shall also submit any other information as | ||||||
3 | the Secretary may deem necessary
or such documentation as the | ||||||
4 | Secretary may require to determine the
identity of the | ||||||
5 | applicant. In addition to the residence address, the Secretary | ||||||
6 | may allow the applicant to provide a mailing address. An | ||||||
7 | applicant for a disabled persons card must
also submit with | ||||||
8 | each original or renewal application, on forms prescribed
by | ||||||
9 | the Secretary, such documentation as the Secretary may require,
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10 | establishing that the applicant is a "disabled person" as | ||||||
11 | defined in
Section 4A of this Act, and setting forth the | ||||||
12 | applicant's type and class of
disability as set forth in | ||||||
13 | Section 4A of this Act.
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14 | (Source: P.A. 96-1231, eff. 7-23-10.)
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