093_SB1117eng SB1117 Engrossed LRB093 05975 DRH 11348 b 1 AN ACT in relation to physician assistants and advance 2 practice nurses. 3 Be it enacted by the People of the State of Illinois, 4 represented in the General Assembly: 5 Section 5. The Illinois Identification Card Act is 6 amended by changing Section 4 as follows: 7 (15 ILCS 335/4) (from Ch. 124, par. 24) 8 Sec. 4. Identification Card. 9 (a) The Secretary of State shall issue a standard 10 Illinois Identification Card to any natural person who is a 11 resident of the State of Illinois who applies for such card, 12 or renewal thereof, or who applies for a standard Illinois 13 Identification Card upon release as a committed person on 14 parole, mandatory supervised release, final discharge, or 15 pardon from the Department of Corrections by submitting an 16 identification card issued by the Department of Corrections 17 under Section 3-14-1 of the Unified Code of Corrections, 18 together with the prescribed fees. The card shall be 19 prepared and supplied by the Secretary of State and shall 20 include a photograph of the applicant. The applicant, upon 21 receipt of a card and prior to its use for any purpose, shall 22 affix his signature thereon in the space provided therefor. 23 The Illinois Identification Card may be used for 24 identification purposes in any lawful situation only by the 25 person to whom it was issued. As used in this Act, 26 "photograph" means any color photograph or digitally produced 27 and captured image of an applicant for an identification 28 card. As used in this Act, "signature" means the name of a 29 person as written by that person and captured in a manner 30 acceptable to the Secretary of State. 31 (b) The Secretary of State shall issue a special SB1117 Engrossed -2- LRB093 05975 DRH 11348 b 1 Illinois Identification Card, which shall be known as an 2 Illinois Disabled Person Identification Card, to any natural 3 person who is a resident of the State of Illinois, who is a 4 disabled person as defined in Section 4A of this Act, who 5 applies for such card, or renewal thereof. The Secretary of 6 State shall charge no fee to issue such card. The card shall 7 be prepared and supplied by the Secretary of State, and shall 8 include a photograph of the applicant, a designation 9 indicating that the card is an Illinois Disabled Person 10 Identification Card, and shall include a comprehensible 11 designation of the type and classification of the applicant's 12 disability as set out in Section 4A of this Act. If the 13 applicant so requests, the card shall include a description 14 of the applicant's disability and any information about the 15 applicant's disability or medical history which the Secretary 16 determines would be helpful to the applicant in securing 17 emergency medical care. The applicant, upon receipt of such 18 a card and prior to its use for any purpose, shall have 19 affixed thereon in the space provided therefor his signature 20 or mark. If a mark is used in lieu of a signature, such mark 21 shall be affixed to the card in the presence of two witnesses 22 who attest to the authenticity of the mark. The Illinois 23 Disabled Person Identification Card may be used for 24 identification purposes in any lawful situation by the person 25 to whom it was issued. 26 The Illinois Disabled Person Identification Card may be 27 used as adequate documentation of disability in lieu of a 28 physician's determination of disability, a determination of 29 disability from a physician assistant who has been delegated 30 the authority to make this determination by his or her 31 supervising physician, a determination of disability from an 32 advanced practice nurse who has a written collaborative 33 agreement with a collaborating physician that authorizes the 34 advanced practice nurse to make this determination, or any SB1117 Engrossed -3- LRB093 05975 DRH 11348 b 1 other documentation of disability whenever any State law 2 requires that a disabled person provide such documentation of 3 disability, however an Illinois Disabled Person 4 Identification Card shall not qualify the cardholder to 5 participate in any program or to receive any benefit which is 6 not available to all persons with like disabilities. 7 Notwithstanding any other provisions of law, an Illinois 8 Disabled Person Identification Card, or evidence that the 9 Secretary of State has issued an Illinois Disabled Person 10 Identification Card, shall not be used by any person other 11 than the person named on such card to prove that the person 12 named on such card is a disabled person or for any other 13 purpose unless the card is used for the benefit of the person 14 named on such card, and the person named on such card 15 consents to such use at the time the card is so used. 16 When medical information is contained on an Illinois 17 Disabled Person Identification Card, the Office of the 18 Secretary of State shall not be liable for any actions taken 19 based upon that medical information. 20 (c) Beginning January 1, 1986, the Secretary of State 21 shall provide that each original or renewal Illinois 22 Identification Card or Illinois Disabled Person 23 Identification Card issued to a person under the age of 21, 24 shall be of a distinct nature from those Illinois 25 Identification Cards or Illinois Disabled Person 26 Identification Cards issued to individuals 21 years of age or 27 older. The color designated for Illinois Identification Cards 28 or Illinois Disabled Person Identification Cards for persons 29 under the age of 21 shall be at the discretion of the 30 Secretary of State. 31 (c-1) Beginning January 1, 2003, each original or 32 renewal Illinois Identification Card or Illinois Disabled 33 Person Identification Card issued to a person under the age 34 of 21 shall display the date upon which the person becomes 18 SB1117 Engrossed -4- LRB093 05975 DRH 11348 b 1 years of age and the date upon which the person becomes 21 2 years of age. 3 (d) The Secretary of State may issue a Senior Citizen 4 discount card, to any natural person who is a resident of the 5 State of Illinois who is 60 years of age or older and who 6 applies for such a card or renewal thereof. The Secretary of 7 State shall charge no fee to issue such card. The card shall 8 be issued in every county and applications shall be made 9 available at, but not limited to, nutrition sites, senior 10 citizen centers and Area Agencies on Aging. The applicant, 11 upon receipt of such card and prior to its use for any 12 purpose, shall have affixed thereon in the space provided 13 therefor his signature or mark. 14 (Source: P.A. 92-240, eff. 1-1-02; 92-689, eff. 1-1-03.) 15 Section 10. The Illinois Vehicle Code is amended by 16 changing Sections 1-159.1 and 3-616 as follows: 17 (625 ILCS 5/1-159.1) (from Ch. 95 1/2, par. 1-159.1) 18 Sec. 1-159.1. Person with disabilities. A natural person 19 who, as determined by a licensed physician, by a physician 20 assistant who has been delegated the authority to make this 21 determination by his or her supervising physician, or by an 22 advanced practice nurse who has a written collaborative 23 agreement with a collaborating physician that authorizes the 24 advanced practice nurse to make this determination: (1) 25 cannot walk without the use of, or assistance from, a brace, 26 cane, crutch, another person, prosthetic device, wheelchair, 27 or other assistive device; (2) is restricted by lung disease 28 to such an extent that his or her forced (respiratory) 29 expiratory volume for one second, when measured by 30 spirometry, is less than one liter, or the arterial oxygen 31 tension is less than 60 mm/hg on room air at rest; (3) uses 32 portable oxygen; (4) has a cardiac condition to the extent SB1117 Engrossed -5- LRB093 05975 DRH 11348 b 1 that the person's functional limitations are classified in 2 severity as Class III or Class IV, according to standards set 3 by the American Heart Association; (5) is severely limited in 4 the person's ability to walk due to an arthritic, 5 neurological, or orthopedic condition; or (6) cannot walk 200 6 feet without stopping to rest because of one of the above 5 7 conditions. 8 (Source: P.A. 92-411, eff. 1-1-02.) 9 (625 ILCS 5/3-616) (from Ch. 95 1/2, par. 3-616) 10 Sec. 3-616. Person with disabilities license plates. 11 (a) Upon receiving an application for a certificate of 12 registration for a motor vehicle of the first division or for 13 a motor vehicle of the second division weighing no more than 14 8,000 pounds, accompanied with payment of the registration 15 fees required under this Code from a person with disabilities 16 or a person who is deaf or hard of hearing, the Secretary of 17 State, if so requested, shall issue to such person 18 registration plates as provided for in Section 3-611, 19 provided that the person with disabilities or person who is 20 deaf or hard of hearing must not be disqualified from 21 obtaining a driver's license under subsection 8 of Section 22 6-103 of this Code, and further provided that any person 23 making such a request must submit a statement, certified by a 24 licensed physician, by a physician assistant who has been 25 delegated the authority to make this certification by his or 26 her supervising physician, or by an advanced practice nurse 27 who has a written collaborative agreement with a 28 collaborating physician that authorizes the advanced practice 29 nurse to make this certification, to the effect that such 30 person is a person with disabilities as defined by Section 31 1-159.1 of this Code, or alternatively provide adequate 32 documentation that such person has a Class 1A, Class 2A or 33 Type Four disability under the provisions of Section 4A of SB1117 Engrossed -6- LRB093 05975 DRH 11348 b 1 the Illinois Identification Card Act. For purposes of this 2 Section, an Illinois Disabled Person Identification Card 3 issued pursuant to the Illinois Identification Card Act 4 indicating that the person thereon named has a disability 5 shall be adequate documentation of such a disability. 6 (b) The Secretary shall issue plates under this Section 7 to a parent or legal guardian of a person with disabilities 8 if the person with disabilities has a Class 1A or Class 2A 9 disability as defined in Section 4A of the Illinois 10 Identification Card Act or is a person with disabilities as 11 defined by Section 1-159.1 of this Code, and does not possess 12 a vehicle registered in his or her name, provided that the 13 person with disabilities relies frequently on the parent or 14 legal guardian for transportation. Only one vehicle per 15 family may be registered under this subsection, unless the 16 applicant can justify in writing the need for one additional 17 set of plates. Any person requesting special plates under 18 this subsection shall submit such documentation or such 19 physician's, physician assistant's, or advanced practice 20 nurse's statement as is required in subsection (a) and a 21 statement describing the circumstances qualifying for 22 issuance of special plates under this subsection. 23 (c) The Secretary may issue a person with disabilities 24 parking decal or device to a person with disabilities as 25 defined by Section 1-159.1 without regard to qualification of 26 such person with disabilities for a driver's license or 27 registration of a vehicle by such person with disabilities or 28 such person's immediate family, provided such person with 29 disabilities making such a request has been issued a Disabled 30 Person Identification Card indicating that the person named 31 thereon has a Class 1A or Class 2A disability, or 32 alternatively, submits a statement certified by a licensed 33 physician, or by a physician assistant or an advanced 34 practice nurse as provided in subsection (a), to the effect SB1117 Engrossed -7- LRB093 05975 DRH 11348 b 1 that such person is a person with disabilities as defined by 2 Section 1-159.1. 3 (d) The Secretary shall prescribe by rules and 4 regulations procedures to certify or re-certify as necessary 5 the eligibility of persons whose disabilities are other than 6 permanent for special plates or person with disabilities 7 parking decals or devices issued under subsections (a), (b) 8 and (c). Except as provided under subsection (f) of this 9 Section, no such special plates, decals or devices shall be 10 issued by the Secretary of State to or on behalf of any 11 person with disabilities unless such person is certified as 12 meeting the definition of a person with disabilities pursuant 13 to Section 1-159.1 or meeting the requirement of a Type Four 14 disability as provided under Section 4A of the Illinois 15 Identification Card Act for the period of time that the 16 physician, or the physician assistant or advanced practice 17 nurse as provided in subsection (a), determines the applicant 18 will have the disability, but not to exceed 6 months from the 19 date of certification or recertification. 20 (e) Any person requesting special plates under this 21 Section may also apply to have the special plates 22 personalized, as provided under Section 3-405.1. 23 (f) The Secretary of State, upon application, shall 24 issue person with disabilities registration plates or a 25 person with disabilities parking decal to corporations, 26 school districts, State or municipal agencies, limited 27 liability companies, nursing homes, convalescent homes, or 28 special education cooperatives which will transport persons 29 with disabilities. The Secretary shall prescribe by rule a 30 means to certify or re-certify the eligibility of 31 organizations to receive person with disabilities plates or 32 decals and to designate which of the 2 person with 33 disabilities emblems shall be placed on qualifying vehicles. 34 (g) The Secretary of State, or his designee, may enter SB1117 Engrossed -8- LRB093 05975 DRH 11348 b 1 into agreements with other jurisdictions, including foreign 2 jurisdictions, on behalf of this State relating to the 3 extension of parking privileges by such jurisdictions to 4 permanently disabled residents of this State who display a 5 special license plate or parking device that contains the 6 International symbol of access on his or her motor vehicle, 7 and to recognize such plates or devices issued by such other 8 jurisdictions. This State shall grant the same parking 9 privileges which are granted to disabled residents of this 10 State to any non-resident whose motor vehicle is licensed in 11 another state, district, territory or foreign country if such 12 vehicle displays the international symbol of access or a 13 distinguishing insignia on license plates or parking device 14 issued in accordance with the laws of the non-resident's 15 state, district, territory or foreign country. 16 (Source: P.A. 91-769, eff. 6-9-00; 92-16, eff. 6-28-01; 17 92-411, eff. 1-1-02; 92-651, eff. 7-11-02.) 18 Section 99. Effective date. This Act takes effect upon 19 becoming law.