Bill Text: IL HB5766 | 2017-2018 | 100th General Assembly | Introduced

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Bill Title: Amends the Attorney General Act. Requires the Attorney General to prescribe a form that may be used in lieu of obtaining a police report for the purposes of obtaining a fee waiver for a duplicate identification card to replace a stolen identification card under the Illinois Identification Card Act. Amends the Illinois Identification Card Act. Provides that the fee for any duplicate identification card shall be waived for any person who presents the Secretary of State's Office with a police report or a form prescribed by the Attorney General showing that his or her identification card was stolen. Makes conforming changes.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2019-01-08 - Session Sine Die [HB5766 Detail]

Download: Illinois-2017-HB5766-Introduced.html

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100TH GENERAL ASSEMBLY State of Illinois 2017 and 2018 HB5766 Introduced , by Rep. Sam Yingling SYNOPSIS AS INTRODUCED:
15 ILCS 205/4 from Ch. 14, par. 4
15 ILCS 205/9 new
15 ILCS 335/12 from Ch. 124, par. 32
Amends the Attorney General Act. Requires the Attorney General to prescribe a form that may be used in lieu of obtaining a police report for the purposes of obtaining a fee waiver for a duplicate identification card to replace a stolen identification card under the Illinois Identification Card Act. Amends the Illinois Identification Card Act. Provides that the fee for any duplicate identification card shall be waived for any person who presents the Secretary of State's Office with a police report or a form prescribed by the Attorney General showing that his or her identification card was stolen. Makes conforming changes.
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A BILL FOR
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AN ACT concerning State government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Attorney General Act is amended by changing
Section 4 and by adding Section 9 as follows:
(15 ILCS 205/4) (from Ch. 14, par. 4)
Sec. 4. The duties of the Attorney General shall be--
First - To appear for and represent the people of the State
before the supreme court in all cases in which the State or the
people of the State are interested.
Second - To institute and prosecute all actions and
proceedings in favor of or for the use of the State, which may
be necessary in the execution of the duties of any State
officer.
Third - To defend all actions and proceedings against any
State officer, in his official capacity, in any of the courts
of this State or the United States.
Fourth - To consult with and advise the several State's
Attorneys in matters relating to the duties of their office;
and when, in his judgment, the interest of the people of the
State requires it, he shall attend the trial of any party
accused of crime, and assist in the prosecution. When the
Attorney General has requested in writing that a State's

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Attorney initiate court proceedings to enforce any provisions
of the Election Code or to initiate a criminal prosecution with
respect to a violation of the Election Code, and when the
State's Attorney has declined in writing to initiate those
proceedings or prosecutions or when the State's Attorney has
neither initiated the proceedings or prosecutions nor
responded in writing to the Attorney General within 60 days of
the receipt of the request, the Attorney General may,
concurrently with or independently of the State's Attorney,
initiate such proceedings or prosecutions. The Attorney
General may investigate and prosecute any violation of the
Election Code at the request of the State Board of Elections or
a State's Attorney.
Fifth - To investigate alleged violations of the statutes
which the Attorney General has a duty to enforce and to conduct
other investigations in connection with assisting in the
prosecution of a criminal offense at the request of a State's
Attorney.
Sixth - To consult with and advise the governor and other
State officers, and give, when requested, written opinions upon
all legal or constitutional questions relating to the duties of
such officers respectively.
Seventh - To prepare, when necessary, proper drafts for
contracts and other writings relating to subjects in which the
State is interested.
Eighth - To give written opinions, when requested by either

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branch of the general assembly, or any committee thereof, upon
constitutional or legal questions.
Ninth - To enforce the proper application of funds
appropriated to the public institutions of the State, prosecute
breaches of trust in the administration of such funds, and,
when necessary, prosecute corporations for failure or refusal
to make the reports required by law.
Tenth - To keep, a register of all cases prosecuted or
defended by him, in behalf of the State or its officers, and of
all proceedings had in relation thereto, and to deliver the
same to his successor in office.
Eleventh - To keep on file in his office a copy of the
official opinions issued by the Attorney General and deliver
same to his successor.
Twelfth - To pay into the State treasury all moneys
received by him for the use of the State.
Thirteenth - To attend to and perform any other duty which
may, from time to time, be required of him by law.
Fourteenth - To attend, present evidence to and prosecute
indictments returned by each Statewide Grand Jury.
Fifteenth - To give written binding and advisory public
access opinions as provided in Section 7 of this Act.
Sixteenth – To prescribe a form for stolen identification
cards as provided in Section 9 of this Act.
(Source: P.A. 95-699, eff. 11-9-07; 96-542, eff. 1-1-10.)

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(15 ILCS 205/9 new)
Sec. 9. Attorney General stolen identification card form.
(a) The Office of the Attorney General, in consultation
with the Secretary of State, shall prescribe a form that may be
used in lieu of obtaining a police report for the purposes of
obtaining a fee waiver for a duplicate identification card to
replace a stolen identification card under Section 12 of the
Illinois Identification Card Act.
(b) The form prescribed by the Attorney General under this
Section shall require an applicant to disclose the following
information:
(1) name of applicant;
(2) age and date of birth of applicant;
(3) residential address of applicant;
(4) information detailing how, when, and where the
applicant's identification card was stolen; and
(5) any other information the Attorney General may deem
necessary and relevant.
Section 10. The Illinois Identification Card Act is amended
by changing Section 12 as follows:
(15 ILCS 335/12) (from Ch. 124, par. 32)
Sec. 12. Fees concerning standard Illinois Identification
Cards. The fees required under this Act for standard Illinois
Identification Cards must accompany any application provided

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for in this Act, and the Secretary shall collect such fees as
follows:
a. Original card............................... $20
b. Renewal card................................ 20
c. Corrected card.............................. 10
d. Duplicate card.............................. 20
e. Certified copy with seal ................... 5
f. Search ..................................... 2
g. Applicant 65 years of age or over .......... No Fee
h. (Blank) ....................................
i. Individual living in Veterans
Home or Hospital ........................... No Fee
j. Original card under 18 years of age.......... $10
k. Renewal card under 18 years of age........... $10
l. Corrected card under 18 years of age......... $5
m. Duplicate card under 18 years of age......... $10
n. Homeless person.............................. No Fee
o. Duplicate card issued to an active-duty
member of the United States Armed Forces, the
member's spouse, or dependent children
living with the member...................... No Fee
p. Duplicate temporary card..................... $5
q. First card issued to a youth
for whom the Department of Children
and Family Services is legally responsible
or a foster child upon turning the age of

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16 years old until he or she reaches
the age of 21 years old..................... No Fee
r. Original card issued to a committed
person upon release on parole,
mandatory supervised release,
aftercare release, final
discharge, or pardon from the
Department of Corrections or
Department of Juvenile Justice.............. No Fee
s. Limited-term Illinois Identification
Card issued to a committed person
upon release on parole, mandatory
supervised release, aftercare
release, final discharge, or pardon
from the Department of
Corrections or Department of
Juvenile Justice............................ No Fee
All fees collected under this Act shall be paid into the
Road Fund of the State treasury, except that the following
amounts shall be paid into the General Revenue Fund: (i) 80% of
the fee for an original, renewal, or duplicate Illinois
Identification Card issued on or after January 1, 2005; and
(ii) 80% of the fee for a corrected Illinois Identification
Card issued on or after January 1, 2005.
An individual, who resides in a veterans home or veterans
hospital operated by the State or federal government, who makes

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an application for an Illinois Identification Card to be issued
at no fee, must submit, along with the application, an
affirmation by the applicant on a form provided by the
Secretary of State, that such person resides in a veterans home
or veterans hospital operated by the State or federal
government.
The application of a homeless individual for an Illinois
Identification Card to be issued at no fee must be accompanied
by an affirmation by a qualified person, as defined in Section
4C of this Act, on a form provided by the Secretary of State,
that the applicant is currently homeless as defined in Section
1A of this Act.
For the application for the first Illinois Identification
Card of a youth for whom the Department of Children and Family
Services is legally responsible or a foster child to be issued
at no fee, the youth must submit, along with the application,
an affirmation by his or her court appointed attorney or an
employee of the Department of Children and Family Services on a
form provided by the Secretary of State, that the person is a
youth for whom the Department of Children and Family Services
is legally responsible or a foster child.
The fee for any duplicate identification card shall be
waived for any person who presents the Secretary of State's
Office with a police report or a form prescribed by the
Attorney General under Section 9 of the Attorney General Act
showing that his or her identification card was stolen.

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The fee for any duplicate identification card shall be
waived for any person age 60 or older whose identification card
has been lost or stolen.
As used in this Section, "active-duty member of the United
States Armed Forces" means a member of the Armed Services or
Reserve Forces of the United States or a member of the Illinois
National Guard who is called to active duty pursuant to an
executive order of the President of the United States, an act
of the Congress of the United States, or an order of the
Governor.
(Source: P.A. 99-607, eff. 7-22-16; 99-659, eff. 7-28-17;
99-907, eff. 7-1-17; 100-201, eff. 8-18-17.)