Full Text of HB1484 97th General Assembly
HB1484ham001 97TH GENERAL ASSEMBLY | Rep. Chapin Rose Filed: 2/22/2011
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| 1 | | AMENDMENT TO HOUSE BILL 1484
| 2 | | AMENDMENT NO. ______. Amend House Bill 1484 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Illinois Identification Card Act is amended | 5 | | by 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 | 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 |
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| 1 | | fees. No identification card shall be issued to any person who | 2 | | holds a valid
foreign state
identification card, license, or | 3 | | permit unless the person first surrenders to
the Secretary of
| 4 | | State the valid foreign state identification card, license, or | 5 | | permit. The card shall be prepared and
supplied by the | 6 | | Secretary of State and shall include a photograph , unless the | 7 | | applicant is exempt under subsection (a-3), and signature or | 8 | | mark of the
applicant. The Illinois Identification Card may be | 9 | | used for
identification purposes in any lawful situation only | 10 | | by the person to
whom it was issued.
As used in this Act, | 11 | | "photograph" means any color photograph or digitally
produced | 12 | | and captured image of an applicant for an identification card. | 13 | | As
used in this Act, "signature" means the name of a person as | 14 | | written by that
person and captured in a manner acceptable to | 15 | | the Secretary of State. | 16 | | (a-3) An applicant is not required to submit to a | 17 | | photograph if sufficient justification is provided by the | 18 | | applicant to establish that a photograph would be in violation | 19 | | of or contradictory to the applicant's religious convictions. | 20 | | If an applicant declares that the use of a photograph is | 21 | | against his or her religious convictions, the applicant shall | 22 | | be given an affidavit to be completed. This affidavit must | 23 | | contain designated areas for a detailed written explanation of | 24 | | the reasons why a photograph is against the applicant's | 25 | | religious convictions, a place for the applicant's signature | 26 | | and date, the designation of the religious sect or denomination |
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| 1 | | involved, and space for a minister or other religious leader to | 2 | | apply his or her signature attesting to the explanation the | 3 | | applicant has offered, along with the date and official title | 4 | | of the minister or religious leader. | 5 | | The applicant shall mail the affidavit to the central | 6 | | office of the Driver Services Department of the Secretary of | 7 | | State in Springfield where a review and a decision shall be | 8 | | made by the Director of the Driver Services Department relative | 9 | | to the issuance or non-issuance of a card without photograph. | 10 | | To assist the Director in this decision, a committee of 3 | 11 | | administrative personnel shall be appointed by the Director. | 12 | | Each affidavit shall be reviewed by each member of the | 13 | | committee, and each individual recommendation shall be | 14 | | submitted to the Director for his or her final decision. | 15 | | A non-photo temporary card, not to exceed 90 days in | 16 | | duration, shall be issued for identification purposes while the | 17 | | affidavit is being reviewed and a decision is being made by the | 18 | | Director. | 19 | | Upon approval by the Director, a card without a photograph | 20 | | shall be issued from the Driver Services Department's central | 21 | | office using the application signed by the applicant. The | 22 | | applicant's card shall be mailed to the applicant's home | 23 | | address. | 24 | | (a-5) If an applicant for an identification card has a | 25 | | current driver's license or instruction permit issued by the | 26 | | Secretary of State, the Secretary may require the applicant to |
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| 1 | | utilize the same residence address and name on the | 2 | | identification card, driver's license, and instruction permit | 3 | | records maintained by the Secretary. The Secretary may | 4 | | promulgate rules to implement this provision.
| 5 | | (b) The Secretary of State shall issue a special Illinois
| 6 | | Identification Card, which shall be known as an Illinois | 7 | | Disabled Person
Identification Card, to any natural person who | 8 | | is a resident of the State
of Illinois, who is a disabled | 9 | | person as defined in Section 4A of this Act,
who applies for | 10 | | such card, or renewal thereof. No Disabled Person | 11 | | Identification Card shall be issued to any person who
holds a | 12 | | valid
foreign state identification card, license, or permit | 13 | | unless the person first
surrenders to the
Secretary of State | 14 | | the valid foreign state identification card, license, or
| 15 | | permit. The Secretary of State
shall charge no fee to issue | 16 | | such card. The card shall be prepared and
supplied by the | 17 | | Secretary of State, and shall include a photograph , unless the | 18 | | applicant is exempt under subsection (a-3), and signature or | 19 | | mark of the
applicant, a designation indicating that the card | 20 | | is an Illinois Disabled
Person Identification Card, and shall | 21 | | include a comprehensible designation
of the type and | 22 | | classification of the applicant's disability as set out in
| 23 | | Section 4A of this Act. If the applicant so requests, the card | 24 | | shall
include a description of the applicant's disability and | 25 | | any information
about the applicant's disability or medical | 26 | | history which the Secretary
determines would be helpful to the |
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| 1 | | applicant in securing emergency medical
care. If a mark is used | 2 | | in lieu of a signature, such mark
shall be affixed to the card | 3 | | in the presence of two witnesses who attest to
the authenticity | 4 | | of the mark. The Illinois
Disabled Person Identification Card | 5 | | may be used for identification purposes
in any lawful situation | 6 | | by the person to whom it was issued.
| 7 | | The Illinois Disabled Person Identification Card may be | 8 | | used as adequate
documentation of disability in lieu of a | 9 | | physician's determination of
disability, a determination of | 10 | | disability from a physician assistant who has
been delegated | 11 | | the authority to make this determination by his or her
| 12 | | supervising physician, a determination of disability from an | 13 | | advanced practice
nurse who has a written collaborative | 14 | | agreement with a collaborating physician
that
authorizes the | 15 | | advanced practice nurse to make this determination, or any
| 16 | | other documentation
of disability whenever
any
State law
| 17 | | requires that a disabled person provide such documentation of | 18 | | disability,
however an Illinois Disabled Person Identification | 19 | | Card shall not qualify
the cardholder to participate in any | 20 | | program or to receive any benefit
which is not available to all | 21 | | persons with like disabilities.
Notwithstanding any other | 22 | | provisions of law, an Illinois Disabled Person
Identification | 23 | | Card, or evidence that the Secretary of State has issued an
| 24 | | Illinois Disabled Person Identification Card, shall not be used | 25 | | by any
person other than the person named on such card to prove | 26 | | that the person
named on such card is a disabled person or for |
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| 1 | | any other purpose unless the
card is used for the benefit of | 2 | | the person named on such card, and the
person named on such | 3 | | card consents to such use at the time the card is so used.
| 4 | | An optometrist's determination of a visual disability | 5 | | under Section 4A of this Act is acceptable as documentation for | 6 | | the purpose of issuing an Illinois Disabled Person | 7 | | Identification Card. | 8 | | When medical information is contained on an Illinois | 9 | | Disabled Person
Identification Card, the Office of the | 10 | | Secretary of State shall not be
liable for any actions taken | 11 | | based upon that medical information.
| 12 | | (c) Beginning January 1, 1986, the Secretary of State shall | 13 | | provide
that each original or renewal Illinois Identification | 14 | | Card or Illinois
Disabled Person Identification Card issued to | 15 | | a person under the age of 21,
shall be of a distinct nature | 16 | | from those Illinois Identification Cards or
Illinois Disabled | 17 | | Person Identification Cards issued to individuals 21
years of | 18 | | age or older. The color designated for Illinois Identification
| 19 | | Cards or Illinois Disabled Person Identification Cards for | 20 | | persons under
the age of 21 shall be at the discretion of the | 21 | | Secretary of State.
| 22 | | (c-1) Beginning January 1, 2003, each original or renewal | 23 | | Illinois
Identification Card or Illinois Disabled Person | 24 | | Identification Card issued to
a person under the age of 21 | 25 | | shall display the date upon which the person
becomes 18 years | 26 | | of age and the date upon which the person becomes 21 years of
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| 1 | | age.
| 2 | | (d) The Secretary of State may issue a Senior Citizen
| 3 | | discount card, to any natural person who is a resident of the | 4 | | State of
Illinois who is 60 years of age or older and who | 5 | | applies for such a card or
renewal thereof. The Secretary of | 6 | | State shall charge no fee to issue such
card. The card shall be | 7 | | issued in every county and applications shall be
made available | 8 | | at, but not limited to, nutrition sites, senior citizen
centers | 9 | | and Area Agencies on Aging. The applicant, upon receipt of such
| 10 | | card and prior to its use for any purpose, shall have affixed | 11 | | thereon in
the space provided therefor his signature or mark.
| 12 | | (e) The Secretary of State, in his or her discretion, may | 13 | | designate on each Illinois
Identification Card or Illinois | 14 | | Disabled Person Identification Card a space where the card | 15 | | holder may place a sticker or decal, issued by the Secretary of | 16 | | State, of uniform size as the Secretary may specify, that shall | 17 | | indicate in appropriate language that the card holder has | 18 | | renewed his or her Illinois
Identification Card or Illinois | 19 | | Disabled Person Identification Card. | 20 | | (Source: P.A. 95-762, eff. 1-1-09; 95-779, eff. 1-1-09; 96-146, | 21 | | eff. 1-1-10; 96-328, eff. 8-11-09; 96-1231, eff. 7-23-10.)
| 22 | | (15 ILCS 335/5) (from Ch. 124, par. 25)
| 23 | | Sec. 5. Applications. Any natural person who is a resident | 24 | | of the
State of Illinois, may file an application for an | 25 | | identification card or for
the renewal thereof, in a manner |
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| 1 | | prescribed by the Secretary. Each original application
shall be | 2 | | completed by the applicant in full and shall set forth the | 3 | | legal
name,
residence address and zip code, social security | 4 | | number, birth date, sex and
a brief
description of the | 5 | | applicant. The applicant shall be photographed , unless the | 6 | | applicant is exempt under subsection (a-3) of Section 4, and he
| 7 | | or she shall also submit any other information as the Secretary | 8 | | may deem necessary
or such documentation as the Secretary may | 9 | | require to determine the
identity of the applicant. In addition | 10 | | to the residence address, the Secretary may allow the applicant | 11 | | to provide a mailing address. An applicant for a disabled | 12 | | persons card must
also submit with each original or renewal | 13 | | application, on forms prescribed
by the Secretary, such | 14 | | documentation as the Secretary may require,
establishing that | 15 | | the applicant is a "disabled person" as defined in
Section 4A | 16 | | of this Act, and setting forth the applicant's type and class | 17 | | of
disability as set forth in Section 4A of this Act.
| 18 | | (Source: P.A. 96-1231, eff. 7-23-10.)".
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