Illinois General Assembly - Full Text of Public Act 095-0779
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Public Act 095-0779


 

Public Act 0779 95TH GENERAL ASSEMBLY



 


 
Public Act 095-0779
 
HB4165 Enrolled LRB095 14303 DRH 40186 b

    AN ACT concerning State government.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Illinois Identification Card Act is amended
by changing Sections 4 and 9 as follows:
 
    (15 ILCS 335/4)  (from Ch. 124, par. 24)
    Sec. 4. Identification Card.
    (a) The Secretary of State shall issue a standard Illinois
Identification Card to any natural person who is a resident of
the State of Illinois who applies for such card, or renewal
thereof, or who applies for a standard Illinois Identification
Card upon release as a committed person on parole, mandatory
supervised release, final discharge, or pardon from the
Department of Corrections by submitting an identification card
issued by the Department of Corrections under Section 3-14-1 of
the Unified Code of Corrections, together with the prescribed
fees. No identification card shall be issued to any person who
holds a valid foreign state identification card, license, or
permit unless the person first surrenders to the Secretary of
State the valid foreign state identification card, license, or
permit. The card shall be prepared and supplied by the
Secretary of State and shall include a photograph of the
applicant. The applicant, upon receipt of a card and prior to
its use for any purpose, shall affix his signature thereon in
the space provided therefor. The Illinois Identification Card
may be used for identification purposes in any lawful situation
only by the person to whom it was issued. As used in this Act,
"photograph" means any color photograph or digitally produced
and captured image of an applicant for an identification card.
As used in this Act, "signature" means the name of a person as
written by that person and captured in a manner acceptable to
the Secretary of State.
    (b) The Secretary of State shall issue a special Illinois
Identification Card, which shall be known as an Illinois
Disabled Person Identification Card, to any natural person who
is a resident of the State of Illinois, who is a disabled
person as defined in Section 4A of this Act, who applies for
such card, or renewal thereof. No Disabled Person
Identification Card shall be issued to any person who holds a
valid foreign state identification card, license, or permit
unless the person first surrenders to the Secretary of State
the valid foreign state identification card, license, or
permit. The Secretary of State shall charge no fee to issue
such card. The card shall be prepared and supplied by the
Secretary of State, and shall include a photograph of the
applicant, a designation indicating that the card is an
Illinois Disabled Person Identification Card, and shall
include a comprehensible designation of the type and
classification of the applicant's disability as set out in
Section 4A of this Act. If the applicant so requests, the card
shall include a description of the applicant's disability and
any information about the applicant's disability or medical
history which the Secretary determines would be helpful to the
applicant in securing emergency medical care. The applicant,
upon receipt of such a card and prior to its use for any
purpose, shall have affixed thereon in the space provided
therefor his signature or mark. If a mark is used in lieu of a
signature, such mark shall be affixed to the card in the
presence of two witnesses who attest to the authenticity of the
mark. The Illinois Disabled Person Identification Card may be
used for identification purposes in any lawful situation by the
person to whom it was issued.
    The Illinois Disabled Person Identification Card may be
used as adequate documentation of disability in lieu of a
physician's determination of disability, a determination of
disability from a physician assistant who has been delegated
the authority to make this determination by his or her
supervising physician, a determination of disability from an
advanced practice nurse who has a written collaborative
agreement with a collaborating physician that authorizes the
advanced practice nurse to make this determination, or any
other documentation of disability whenever any State law
requires that a disabled person provide such documentation of
disability, however an Illinois Disabled Person Identification
Card shall not qualify the cardholder to participate in any
program or to receive any benefit which is not available to all
persons with like disabilities. Notwithstanding any other
provisions of law, an Illinois Disabled Person Identification
Card, or evidence that the Secretary of State has issued an
Illinois Disabled Person Identification Card, shall not be used
by any person other than the person named on such card to prove
that the person named on such card is a disabled person or for
any other purpose unless the card is used for the benefit of
the person named on such card, and the person named on such
card consents to such use at the time the card is so used.
    When medical information is contained on an Illinois
Disabled Person Identification Card, the Office of the
Secretary of State shall not be liable for any actions taken
based upon that medical information.
    (c) Beginning January 1, 1986, the Secretary of State shall
provide that each original or renewal Illinois Identification
Card or Illinois Disabled Person Identification Card issued to
a person under the age of 21, shall be of a distinct nature
from those Illinois Identification Cards or Illinois Disabled
Person Identification Cards issued to individuals 21 years of
age or older. The color designated for Illinois Identification
Cards or Illinois Disabled Person Identification Cards for
persons under the age of 21 shall be at the discretion of the
Secretary of State.
    (c-1) Beginning January 1, 2003, each original or renewal
Illinois Identification Card or Illinois Disabled Person
Identification Card issued to a person under the age of 21
shall display the date upon which the person becomes 18 years
of age and the date upon which the person becomes 21 years of
age.
    (d) The Secretary of State may issue a Senior Citizen
discount card, to any natural person who is a resident of the
State of Illinois who is 60 years of age or older and who
applies for such a card or renewal thereof. The Secretary of
State shall charge no fee to issue such card. The card shall be
issued in every county and applications shall be made available
at, but not limited to, nutrition sites, senior citizen centers
and Area Agencies on Aging. The applicant, upon receipt of such
card and prior to its use for any purpose, shall have affixed
thereon in the space provided therefor his signature or mark.
    (e) The Secretary of State, in his or her discretion, may
designate on each Illinois Identification Card or Illinois
Disabled Person Identification Card a space where the card
holder may place a sticker or decal, issued by the Secretary of
State, of uniform size as the Secretary may specify, that shall
indicate in appropriate language that the card holder has
renewed his or her Illinois Identification Card or Illinois
Disabled Person Identification Card.
(Source: P.A. 92-240, eff. 1-1-02; 92-689, eff. 1-1-03; 93-182,
eff. 7-11-03; 93-895, eff. 1-1-05.)
 
    (15 ILCS 335/9)  (from Ch. 124, par. 29)
    Sec. 9. Renewal.
    (a) Any person having a valid identification card which
expires on his or her 21st birthday, or which expires 3 months
after his or her 21st birthday, may not apply for renewal of
his or her existing identification card. A subsequent
application filed by persons under this subsection, on or after
their 21st birthday, shall be considered an application for a
new card under Section 5 of this Act.
    (b) Any person having a valid identification card, except
those under subsection (a), may apply for a one-time renewal,
in a manner prescribed by the Secretary of State, within 30
days after the expiration of the identification card. A
subsequent application filed by that person shall be considered
an application for a new card under Section 5 of this Act. Any
identification card renewed under this subsection shall be
valid for 5 years after the expiration date of the
identification card as originally issued under Section 5 of
this Act. The Secretary of State, in his or her discretion, may
provide that applications for the one-time renewal under this
subsection (b) may be made by telephone, mail, or the Internet,
subject to any eligibility criteria and other requirements that
the Secretary of State deems appropriate.
    (c) Notwithstanding any other provision of this Act to the
contrary, a person convicted of a sex offense as defined in
Section 2 of the Sex Offender Registration Act may not renew
his or her Illinois Identification Card or Illinois Disabled
Person Identification Card by telephone, mail, or the Internet.
(Source: P.A. 89-569, eff. 1-1-97.)

Effective Date: 1/1/2009