Full Text of HB4531 97th General Assembly
HB4531 97TH GENERAL ASSEMBLY |
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 HB4531 Introduced 1/31/2012, by Rep. Elizabeth Hernandez SYNOPSIS AS INTRODUCED: |
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Amends the Illinois Identification Card Act. Removes provisions authorizing the Secretary of State to provide by rule for the issuance of an identification card without photograph if the applicant has a bona fide religious objection to being photographed or to the display of his or her photograph. Substitutes the term "person with a disability" for the term "disabled person". Redefines the terms "developmental disability", "visual disability", "physical disability", and "mental disability". Provides that blindness is a Class 1A disability. Changes the name of the Illinois Disabled Person Identification Card to the Illinois Person with a Disability Identification Card. Makes conforming changes in the Election Code, Property Tax Code, Mobile Home Local Services Tax Act, Illinois Public Aid Code, Senior Citizens and Disabled Persons Property Tax Relief and
Pharmaceutical Assistance Act, Fish and Aquatic Life Code, Wildlife Code, Illinois Vehicle Code, Jury Act, and Jury Commission Act. Effective January 1, 2013.
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| | A BILL FOR |
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| 1 | | AN ACT concerning State government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Election Code is amended by changing | 5 | | Sections 17-14 and 19-12.1 as follows:
| 6 | | (10 ILCS 5/17-14) (from Ch. 46, par. 17-14)
| 7 | | Sec. 17-14. Any voter who declares upon oath, properly | 8 | | witnessed and with
his or her signature or mark affixed, that | 9 | | he or she requires
assistance to vote by reason of blindness, | 10 | | physical disability or inability
to read, write or speak the | 11 | | English language shall, upon request, be
assisted in marking | 12 | | his or her ballot, by 2 judges of
election of different | 13 | | political parties, to be selected by all
judges of election of | 14 | | each precinct at the opening of the polls or by a
person of the | 15 | | voter's choice, other than the voter's employer or agent of
| 16 | | that employer or officer or agent of the voter's union. A
voter | 17 | | who presents an Illinois Disabled Person with a Disability | 18 | | Identification Card, issued
to that person under the provisions | 19 | | of the Illinois Identification Card
Act, indicating that such | 20 | | voter has a Class 1A or Class 2 disability under
the provisions | 21 | | of Section 4A of the Illinois Identification Card Act, or a
| 22 | | voter who declares upon oath, properly witnessed, that by | 23 | | reason of any
physical
disability he is unable to mark his |
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| 1 | | ballot shall, upon request, be assisted
in marking his ballot | 2 | | by 2 of the election officers of different parties as
provided | 3 | | above in this Section or by a person of the voter's choice | 4 | | other
than the voter's employer or agent of that employer or | 5 | | officer or agent of
the voter's union. Such voter shall state | 6 | | specifically the
reason why he cannot vote without assistance | 7 | | and, in the case of a
physically disabled voter, what his | 8 | | physical disability is. Prior to entering the voting
booth,
the | 9 | | person providing the assistance, if other than 2 judges of | 10 | | election,
shall be presented with written instructions on how | 11 | | assistance shall be
provided.
This instruction shall be | 12 | | prescribed by the State Board of Elections and shall
include | 13 | | the penalties for attempting to influence the voter's choice of
| 14 | | candidates, party, or votes in relation to any question on the | 15 | | ballot and for
not marking the ballot as directed by the voter. | 16 | | Additionally, the person
providing the assistance shall sign an | 17 | | oath, swearing not to influence the
voter's choice of | 18 | | candidates, party, or votes in relation to any question on
the | 19 | | ballot and to cast the ballot as directed by the voter. The | 20 | | oath shall be
prescribed by the State Board of Elections and | 21 | | shall include the penalty for
violating this Section. In the | 22 | | voting booth, such person
shall mark the
ballot as directed by | 23 | | the voter, and shall thereafter give no information
regarding | 24 | | the same. The judges of election shall enter upon the poll | 25 | | lists
or official poll record after the name of any elector who | 26 | | received such
assistance in marking his ballot a memorandum of |
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| 1 | | the fact and if the
disability is permanent. Intoxication shall | 2 | | not be regarded as a physical
disability, and no intoxicated | 3 | | person shall be entitled to assistance in
marking his ballot.
| 4 | | No person shall secure or attempt to secure assistance in | 5 | | voting who is
not blind, physically disabled or illiterate as | 6 | | herein provided, nor shall any
person knowingly assist a voter | 7 | | in voting contrary to the
provisions of this Section.
| 8 | | (Source: P.A. 94-25, eff. 1-1-06.)
| 9 | | (10 ILCS 5/19-12.1) (from Ch. 46, par. 19-12.1)
| 10 | | Sec. 19-12.1.
Any qualified elector who has secured an | 11 | | Illinois
Disabled Person with a Disability Identification Card | 12 | | in accordance with the The Illinois
Identification Card Act, | 13 | | indicating that the person named thereon has a Class
1A or | 14 | | Class 2 disability or any qualified voter who has a permanent | 15 | | physical
incapacity of such a nature as to make it improbable | 16 | | that he will be
able to be present at the polls at any future | 17 | | election, or any
voter who is a resident of (i) a federally | 18 | | operated veterans' home, hospital, or facility located in | 19 | | Illinois or (ii) a facility licensed or certified pursuant to
| 20 | | the Nursing Home Care Act, the Specialized Mental Health | 21 | | Rehabilitation Act, or the ID/DD Community Care Act and has a | 22 | | condition or disability of
such a nature as to make it | 23 | | improbable that he will be able to be present
at the polls at | 24 | | any future election, may secure a disabled voter's or
nursing | 25 | | home resident's identification card, which will enable him to |
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| 1 | | vote
under this Article as a physically incapacitated or | 2 | | nursing home voter. For the purposes of this Section, | 3 | | "federally operated veterans' home, hospital, or facility" | 4 | | means the long-term care facilities at the Jesse Brown VA | 5 | | Medical Center, Illiana Health Care System, Edward Hines, Jr. | 6 | | VA Hospital, Marion VA Medical Center, and Captain James A. | 7 | | Lovell Federal Health Care Center.
| 8 | | Application for a disabled voter's or nursing home | 9 | | resident's
identification card shall be made either: (a) in | 10 | | writing, with voter's
sworn affidavit, to the county clerk or | 11 | | board of election commissioners, as
the case may be, and shall | 12 | | be accompanied
by the affidavit of the attending physician | 13 | | specifically describing the
nature of the physical incapacity | 14 | | or the fact that the voter is a nursing
home resident and is | 15 | | physically unable to be present at the polls on election
days; | 16 | | or (b) by presenting, in writing or otherwise, to the county | 17 | | clerk
or board of election commissioners, as the case may be, | 18 | | proof that the
applicant has secured an Illinois Disabled | 19 | | Person with a Disability Identification Card
indicating that | 20 | | the person named thereon has a Class 1A or Class 2 disability.
| 21 | | Upon the receipt of either the sworn-to
application and the | 22 | | physician's affidavit or proof that the applicant has
secured | 23 | | an Illinois Disabled Person with a Disability Identification | 24 | | Card indicating that the
person named thereon has a Class 1A or | 25 | | Class 2 disability, the county clerk
or board of election | 26 | | commissioners shall issue a disabled voter's or
nursing home |
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| 1 | | resident's identification
card. Such identification cards | 2 | | shall be issued for a
period of 5 years, upon the expiration of | 3 | | which time the voter may
secure a new card by making | 4 | | application in the same manner as is
prescribed for the | 5 | | issuance of an original card, accompanied by a new
affidavit of | 6 | | the attending physician. The date of expiration of such
| 7 | | five-year period shall be made known to any interested person | 8 | | by the
election authority upon the request of such person. | 9 | | Applications for the
renewal of the identification cards shall | 10 | | be mailed to the voters holding
such cards not less than 3 | 11 | | months prior to the date of expiration of the cards.
| 12 | | Each disabled voter's or nursing home resident's | 13 | | identification card
shall bear an identification number, which | 14 | | shall be clearly noted on the voter's
original and duplicate | 15 | | registration record cards. In the event the
holder becomes | 16 | | physically capable of resuming normal voting, he must
surrender | 17 | | his disabled voter's or nursing home resident's identification
| 18 | | card to the county clerk or board of election commissioners | 19 | | before the next election.
| 20 | | The holder of a disabled voter's or nursing home resident's
| 21 | | identification card may make application by mail for an | 22 | | official ballot
within the time prescribed by Section 19-2. | 23 | | Such application shall contain
the same information as is
| 24 | | included in the form of application for ballot by a physically
| 25 | | incapacitated elector prescribed in Section 19-3 except that it | 26 | | shall
also include the applicant's disabled voter's |
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| 1 | | identification card number
and except that it need not be sworn | 2 | | to. If an examination of the records
discloses that the | 3 | | applicant is lawfully entitled to vote, he shall be
mailed a | 4 | | ballot as provided in Section 19-4. The ballot envelope shall
| 5 | | be the same as that prescribed in Section 19-5 for physically | 6 | | disabled
voters, and the manner of voting and returning the | 7 | | ballot shall be the
same as that provided in this Article for | 8 | | other absentee ballots, except
that a statement to be | 9 | | subscribed to by the voter but which need not be
sworn to shall | 10 | | be placed on the ballot envelope in lieu of the affidavit
| 11 | | prescribed by Section 19-5.
| 12 | | Any person who knowingly subscribes to a false statement in
| 13 | | connection with voting under this Section shall be guilty of a | 14 | | Class A
misdemeanor.
| 15 | | For the purposes of this Section, "nursing home resident" | 16 | | includes a resident of (i) a federally operated veterans' home, | 17 | | hospital, or facility located in Illinois or (ii) a facility | 18 | | licensed under the ID/DD MR/DD Community Care Act or the | 19 | | Specialized Mental Health Rehabilitation Act. For the purposes | 20 | | of this Section, "federally operated veterans' home, hospital, | 21 | | or facility" means the long-term care facilities at the Jesse | 22 | | Brown VA Medical Center, Illiana Health Care System, Edward | 23 | | Hines, Jr. VA Hospital, Marion VA Medical Center, and Captain | 24 | | James A. Lovell Federal Health Care Center. | 25 | | (Source: P.A. 96-339, eff. 7-1-10; 97-38, eff. 6-28-11; 97-227, | 26 | | eff. 1-1-12; 97-275, eff. 1-1-12; revised 9-2-11.)
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| 1 | | Section 10. The Illinois Identification Card Act is amended | 2 | | by changing Sections 2, 4, 4A, 5, 6A, 7, 8, 9, 11, 12, 12A, 13, | 3 | | 14, 14C, 15, and 15A as follows:
| 4 | | (15 ILCS 335/2) (from Ch. 124, par. 22)
| 5 | | Sec. 2. Administration and powers and duties of the | 6 | | Administrator. | 7 | | (a) The Secretary of State is the Administrator of this | 8 | | Act, and he is
charged with the duty of observing, | 9 | | administering and enforcing the
provisions of this Act.
| 10 | | (b) The Secretary is vested with the powers and duties for | 11 | | the
proper administration of this Act as follows:
| 12 | | 1. He shall organize the administration of this Act as | 13 | | he may deem
necessary and appoint such subordinate | 14 | | officers, clerks and other
employees as may be necessary.
| 15 | | 2. From time to time, he may make, amend or rescind | 16 | | rules and
regulations as may be in the public interest to | 17 | | implement the Act.
| 18 | | 3. He may prescribe or provide suitable forms as | 19 | | necessary, including
such forms as are necessary to | 20 | | establish that an applicant for an Illinois
Disabled Person | 21 | | with a Disability Identification Card is a "disabled | 22 | | person" as defined in
Section 4A of this Act, and establish | 23 | | that an applicant for a State identification card is a | 24 | | "homeless person" as defined in Section 1A of this Act.
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| 1 | | 4. He may prepare under the seal of the Secretary of | 2 | | State certified
copies of any records utilized under this | 3 | | Act and any such certified
copy shall be admissible in any | 4 | | proceeding in any court in like manner
as the original | 5 | | thereof.
| 6 | | 5. Records compiled under this Act shall be maintained | 7 | | for 6 years,
but the Secretary may destroy such records | 8 | | with the prior approval of
the State Records Commission.
| 9 | | 6. He shall examine and determine the genuineness, | 10 | | regularity and
legality of every application filed with him | 11 | | under this Act, and he may
in all cases investigate the | 12 | | same, require additional information or
proof or | 13 | | documentation from any applicant.
| 14 | | 7. He shall require the payment of all fees prescribed | 15 | | in this Act,
and all such fees received by him shall be | 16 | | placed in the Road Fund of the
State treasury except as | 17 | | otherwise provided in Section 12 of this Act.
| 18 | | (Source: P.A. 96-183, eff. 7-1-10 .)
| 19 | | (15 ILCS 335/4) (from Ch. 124, par. 24)
| 20 | | Sec. 4. Identification Card.
| 21 | | (a) The Secretary of State shall issue a
standard Illinois | 22 | | Identification Card to any natural person who is a resident
of | 23 | | the State of Illinois who applies for such card, or renewal | 24 | | thereof,
or who applies for a standard Illinois Identification | 25 | | Card upon release as a
committed person on parole, mandatory |
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| 1 | | supervised release, final discharge, or
pardon from the | 2 | | Department of Corrections by submitting an identification card
| 3 | | issued by the Department of Corrections under Section 3-14-1 of | 4 | | the Unified
Code of Corrections,
together with the prescribed | 5 | | fees. No identification card shall be issued to any person who | 6 | | holds a valid
foreign state
identification card, license, or | 7 | | permit unless the person first surrenders to
the Secretary of
| 8 | | State the valid foreign state identification card, license, or | 9 | | permit. The card shall be prepared and
supplied by the | 10 | | Secretary of State and shall include a photograph and signature | 11 | | or mark of the
applicant. However, the Secretary of State may | 12 | | provide by rule for the issuance of Illinois Identification | 13 | | Cards without photographs if the applicant has a bona fide | 14 | | religious objection to being photographed or to the display of | 15 | | his or her photograph. The Illinois Identification Card may be | 16 | | used for
identification purposes in any lawful situation only | 17 | | by the person to
whom it was issued.
As used in this Act, | 18 | | "photograph" means any color photograph or digitally
produced | 19 | | and captured image of an applicant for an identification card. | 20 | | As
used in this Act, "signature" means the name of a person as | 21 | | written by that
person and captured in a manner acceptable to | 22 | | the Secretary of State. | 23 | | (a-5) If an applicant for an identification card has a | 24 | | current driver's license or instruction permit issued by the | 25 | | Secretary of State, the Secretary may require the applicant to | 26 | | utilize the same residence address and name on the |
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| 1 | | identification card, driver's license, and instruction permit | 2 | | records maintained by the Secretary. The Secretary may | 3 | | promulgate rules to implement this provision.
| 4 | | (b) The Secretary of State shall issue a special Illinois
| 5 | | Identification Card, which shall be known as an Illinois | 6 | | Disabled Person with a Disability
Identification Card, to any | 7 | | natural person who is a resident of the State
of Illinois, who | 8 | | is a disabled person with a disability as defined in Section 4A | 9 | | of this Act,
who applies for such card, or renewal thereof. No | 10 | | Illinois Disabled Person with a Disability Identification Card | 11 | | shall be issued to any person who
holds a valid
foreign state | 12 | | identification card, license, or permit unless the person first
| 13 | | surrenders to the
Secretary of State the valid foreign state | 14 | | identification card, license, or
permit. The Secretary of State
| 15 | | shall charge no fee to issue such card. The card shall be | 16 | | prepared and
supplied by the Secretary of State, and shall | 17 | | include a photograph and signature or mark of the
applicant, a | 18 | | designation indicating that the card is an Illinois Disabled
| 19 | | Person with a Disability Identification Card, and shall include | 20 | | a comprehensible designation
of the type and classification of | 21 | | the applicant's disability as set out in
Section 4A of this | 22 | | Act. However, the Secretary of State may provide by rule for | 23 | | the issuance of Illinois Disabled Person Identification Cards | 24 | | without photographs if the applicant has a bona fide religious | 25 | | objection to being photographed or to the display of his or her | 26 | | photograph. If the applicant so requests, the card shall
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| 1 | | include a description of the applicant's disability and any | 2 | | information
about the applicant's disability or medical | 3 | | history which the Secretary
determines would be helpful to the | 4 | | applicant in securing emergency medical
care. If a mark is used | 5 | | in lieu of a signature, such mark
shall be affixed to the card | 6 | | in the presence of two witnesses who attest to
the authenticity | 7 | | of the mark. The Illinois
Disabled Person with a Disability | 8 | | Identification Card may be used for identification purposes
in | 9 | | any lawful situation by the person to whom it was issued.
| 10 | | The Illinois Disabled Person with a Disability | 11 | | Identification Card may be used as adequate
documentation of | 12 | | disability in lieu of a physician's determination of
| 13 | | disability, a determination of disability from a physician | 14 | | assistant who has
been delegated the authority to make this | 15 | | determination by his or her
supervising physician, a | 16 | | determination of disability from an advanced practice
nurse who | 17 | | has a written collaborative agreement with a collaborating | 18 | | physician
that
authorizes the advanced practice nurse to make | 19 | | this determination, or any
other documentation
of disability | 20 | | whenever
any
State law
requires that a disabled person provide | 21 | | such documentation of disability,
however an Illinois Disabled | 22 | | Person with a Disability Identification Card shall not qualify
| 23 | | the cardholder to participate in any program or to receive any | 24 | | benefit
which is not available to all persons with like | 25 | | disabilities.
Notwithstanding any other provisions of law, an | 26 | | Illinois Disabled Person with a Disability
Identification |
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| 1 | | Card, or evidence that the Secretary of State has issued an
| 2 | | Illinois Disabled Person with a Disability Identification | 3 | | Card, shall not be used by any
person other than the person | 4 | | named on such card to prove that the person
named on such card | 5 | | is a disabled person or for any other purpose unless the
card | 6 | | is used for the benefit of the person named on such card, and | 7 | | the
person named on such card consents to such use at the time | 8 | | the card is so used.
| 9 | | An optometrist's determination of a visual disability | 10 | | under Section 4A of this Act is acceptable as documentation for | 11 | | the purpose of issuing an Illinois Disabled Person with a | 12 | | Disability Identification Card. | 13 | | When medical information is contained on an Illinois | 14 | | Disabled Person with a Disability
Identification Card, the | 15 | | Office of the Secretary of State shall not be
liable for any | 16 | | actions taken based upon that medical information.
| 17 | | (c) The Beginning January 1, 1986, the Secretary of State | 18 | | shall provide
that each original or renewal Illinois | 19 | | Identification Card or Illinois
Disabled Person with a | 20 | | Disability Identification Card issued to a person under the age | 21 | | of 21,
shall be of a distinct nature from those Illinois | 22 | | Identification Cards or
Illinois Disabled Person with a | 23 | | Disability Identification Cards issued to individuals 21
years | 24 | | of age or older. The color designated for Illinois | 25 | | Identification
Cards or Illinois Disabled Person with a | 26 | | Disability Identification Cards for persons under
the age of 21 |
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| 1 | | shall be at the discretion of the Secretary of State.
| 2 | | (c-1) Each Beginning January 1, 2003, each original or | 3 | | renewal Illinois
Identification Card or Illinois Disabled | 4 | | Person with a Disability Identification Card issued to
a person | 5 | | under the age of 21 shall display the date upon which the | 6 | | person
becomes 18 years of age and the date upon which the | 7 | | person becomes 21 years of
age.
| 8 | | (d) The Secretary of State may issue a Senior Citizen
| 9 | | discount card, to any natural person who is a resident of the | 10 | | State of
Illinois who is 60 years of age or older and who | 11 | | applies for such a card or
renewal thereof. The Secretary of | 12 | | State shall charge no fee to issue such
card. The card shall be | 13 | | issued in every county and applications shall be
made available | 14 | | at, but not limited to, nutrition sites, senior citizen
centers | 15 | | and Area Agencies on Aging. The applicant, upon receipt of such
| 16 | | card and prior to its use for any purpose, shall have affixed | 17 | | thereon in
the space provided therefor his signature or mark.
| 18 | | (e) The Secretary of State, in his or her discretion, may | 19 | | designate on each Illinois
Identification Card or Illinois | 20 | | Disabled Person with a Disability Identification Card a space | 21 | | where the card holder may place a sticker or decal, issued by | 22 | | the Secretary of State, of uniform size as the Secretary may | 23 | | specify, that shall indicate in appropriate language that the | 24 | | card holder has renewed his or her Illinois
Identification Card | 25 | | or Illinois Disabled Person with a Disability Identification | 26 | | Card. |
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| 1 | | (Source: P.A. 96-146, eff. 1-1-10; 96-328, eff. 8-11-09; | 2 | | 96-1231, eff. 7-23-10; 97-371, eff. 1-1-12.)
| 3 | | (15 ILCS 335/4A) (from Ch. 124, par. 24A)
| 4 | | Sec. 4A.
(a) " Person with a disability Disabled person " as | 5 | | used in this Act means any person who
is, and who is expected | 6 | | to indefinitely continue to be, subject to any of
the following | 7 | | five types of disabilities:
| 8 | | Type One: Physical disability. A physical disability is a | 9 | | physical
impairment, disease, or loss, which is of a permanent | 10 | | nature, and which
substantially limits impairs normal physical | 11 | | ability or motor skills. The
Secretary of State shall establish | 12 | | standards not inconsistent with this
provision necessary to | 13 | | determine the presence of a physical disability.
| 14 | | Type Two: Developmental disability. Developmental A | 15 | | developmental disability means a disability that is | 16 | | attributable to: (i) an intellectual disability, cerebral | 17 | | palsy, epilepsy, or autism or (ii) any other condition that | 18 | | results in impairment similar to that caused by an intellectual | 19 | | disability and requires services similar to those required by | 20 | | persons with intellectual disabilities. Such a disability must | 21 | | originate before the age of 18 years, be expected to continue | 22 | | indefinitely, and constitute a substantial handicap is a
| 23 | | disability which originates before the age of 18 years, and | 24 | | results in or
has resulted in impairment similar to that caused | 25 | | by an intellectual disability and
which requires services |
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| 1 | | similar to those required by intellectually disabled
persons | 2 | | and which is attributable to an intellectual disability, | 3 | | cerebral palsy,
epilepsy, autism, or other conditions or | 4 | | similar disorders . The Secretary
of State shall establish | 5 | | standards not inconsistent with this provision
necessary to | 6 | | determine the presence of
a developmental disability.
| 7 | | Type Three: Visual disability. A visual disability is | 8 | | blindness, and the term "blindness" means central vision acuity | 9 | | of 20/200 or less in the better eye with the use of a | 10 | | correcting lens. An eye that is accompanied by a limitation in | 11 | | the fields of vision so that the widest diameter of the visual | 12 | | field subtends an angle no greater than 20 degrees shall be | 13 | | considered as having a central vision acuity of 20/200 or less | 14 | | a disability
resulting in complete absence of vision, or vision | 15 | | that with corrective
glasses is so defective as to prevent | 16 | | performance of tasks or activities
for which eyesight is | 17 | | essential . The Secretary of State shall establish
standards not | 18 | | inconsistent with this Section necessary to determine the
| 19 | | presence of a visual disability.
| 20 | | Type Four: Hearing disability. A hearing disability is a | 21 | | disability
resulting in complete absence of hearing, or hearing | 22 | | that with sound
enhancing or magnifying equipment is
so | 23 | | impaired as to require the use of sensory input other than | 24 | | hearing
as the principal means of receiving spoken language. | 25 | | The Secretary of State
shall
establish standards not | 26 | | inconsistent with this Section
necessary to determine the |
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| 1 | | presence of a hearing disability.
| 2 | | Type Five: Mental Disability. A mental disability is a | 3 | | significant impairment of an individual's cognitive, | 4 | | affective, or relational abilities that may require | 5 | | intervention and may be a recognized, medically diagnosable | 6 | | illness or disorder an emotional or
psychological impairment or | 7 | | disease, which substantially impairs the ability
to meet | 8 | | individual or societal needs . The Secretary of State shall | 9 | | establish
standards not inconsistent with this provision | 10 | | necessary to determine the
presence of a mental disability.
| 11 | | (b) For purposes of this Act, a disability shall be | 12 | | classified as
follows: Class 1 disability: A Class 1 disability | 13 | | is any type disability
which does not render a person unable to | 14 | | engage in any substantial gainful
activity or which does not | 15 | | impair his ability to live independently or to
perform labor or | 16 | | services for which he is qualified. The Secretary of State
| 17 | | shall establish standards not inconsistent with this Section
| 18 | | necessary to determine the presence of a Class 1 disability.
| 19 | | Class 1A disability: A Class 1A disability is a Class 1 | 20 | | disability which
renders a person unable to walk 200 feet or | 21 | | more unassisted by another person
or without the aid of a | 22 | | walker, crutches, braces, prosthetic device or a
wheelchair or | 23 | | without great difficulty or discomfort due to the following
| 24 | | impairments: neurologic, orthopedic, respiratory, cardiac, | 25 | | arthritic disorder, blindness,
or the loss of function or | 26 | | absence of a limb or limbs. The Secretary of
State shall |
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| 1 | | establish standards not inconsistent with this Section | 2 | | necessary
to determine the presence of a Class 1A disability. | 3 | | Class 2
disability: A Class 2 disability is any type disability | 4 | | which renders a
person unable to engage in any substantial | 5 | | gainful activity, which
substantially impairs his ability to | 6 | | live independently without
supervision or in-home support | 7 | | services, or which substantially impairs
his ability to perform | 8 | | labor
or services for which he is qualified or significantly | 9 | | restricts the
labor or services which he is able to perform.
| 10 | | The Secretary of State shall
establish standards not | 11 | | inconsistent with this Section necessary to
determine the | 12 | | presence of a Class 2 disability.
Class 2A disability: A Class | 13 | | 2A disability is a Class 2 disability which
renders a person | 14 | | unable to walk 200 feet or more unassisted by another
person or | 15 | | without the aid of a walker, crutches, braces, prosthetic | 16 | | device
or a wheelchair or without great difficulty or | 17 | | discomfort due to the
following impairments: neurologic, | 18 | | orthopedic, respiratory, cardiac,
arthritic disorder, | 19 | | blindness, or the loss of function or absence of a limb
or | 20 | | limbs. The Secretary of State shall establish standards not | 21 | | inconsistent
with this Section necessary to determine the | 22 | | presence of a Class 2A
disability.
| 23 | | (Source: P.A. 97-227, eff. 1-1-12.)
| 24 | | (15 ILCS 335/5) (from Ch. 124, par. 25)
| 25 | | Sec. 5. Applications. Any natural person who is a resident |
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| 1 | | of the
State of Illinois, may file an application for an | 2 | | identification card or for
the renewal thereof, in a manner | 3 | | prescribed by the Secretary. Each original application
shall be | 4 | | completed by the applicant in full and shall set forth the | 5 | | legal
name,
residence address and zip code, social security | 6 | | number, birth date, sex and
a brief
description of the | 7 | | applicant. The applicant shall be photographed, unless the | 8 | | Secretary of State has provided by rule for the issuance of | 9 | | identification cards without photographs and the applicant is | 10 | | deemed eligible for an identification card without a photograph | 11 | | under the terms and conditions imposed by the Secretary of | 12 | | State, and he
or she shall also submit any other information as | 13 | | the Secretary may deem necessary
or such documentation as the | 14 | | Secretary may require to determine the
identity of the | 15 | | applicant. In addition to the residence address, the Secretary | 16 | | may allow the applicant to provide a mailing address. An | 17 | | applicant for an Illinois Person with a Disability | 18 | | Identification Card a disabled persons card must
also submit | 19 | | with each original or renewal application, on forms prescribed
| 20 | | by the Secretary, such documentation as the Secretary may | 21 | | require,
establishing that the applicant is a " disabled person | 22 | | with a disability " as defined in
Section 4A of this Act, and | 23 | | setting forth the applicant's type and class of
disability as | 24 | | set forth in Section 4A of this Act.
| 25 | | (Source: P.A. 96-1231, eff. 7-23-10; 97-371, eff. 1-1-12.)
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| 1 | | (15 ILCS 335/6A) (from Ch. 124, par. 26A)
| 2 | | Sec. 6A. Change in Disability. Whenever the type or class | 3 | | of
disability of any person holding an Illinois Disabled Person | 4 | | with a Disability Identification
Card changes, such person | 5 | | shall within 60 days provide the Secretary of
State, on forms | 6 | | provided by the Secretary, such documentation as the
Secretary | 7 | | may require of that change, and shall set forth the type and
| 8 | | class of disability thereafter applicable.
| 9 | | (Source: P.A. 83-1421.)
| 10 | | (15 ILCS 335/7) (from Ch. 124, par. 27)
| 11 | | Sec. 7. Duplicate and corrected cards.
| 12 | | (a) In the event an identification
card is lost or | 13 | | destroyed, or if there is a correction of
legal name or
| 14 | | residence address, or
a change in the type or class of | 15 | | disability of a holder of an Illinois Person with a Disability | 16 | | Identification Card a disabled person
card , the
person named on | 17 | | the card may apply for a duplicate or substitute card, or for a
| 18 | | corrected card. Any application for a corrected card shall be | 19 | | accompanied by
the original card being corrected.
| 20 | | (b) The Secretary of State, having issued an identification | 21 | | card in error,
may, upon
written notice of at least 5 days to | 22 | | the person, require the person to appear
at a Driver
Services | 23 | | facility to have the identification card error corrected and a | 24 | | new
identification
card issued. The failure of the person to | 25 | | appear is grounds for
cancellation of the
person's |
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| 1 | | identification card under Section 13 of this Act.
| 2 | | (Source: P.A. 93-895, eff. 1-1-05.)
| 3 | | (15 ILCS 335/8) (from Ch. 124, par. 28)
| 4 | | Sec. 8. Expiration.
| 5 | | (a) Every identification card issued hereunder,
except to | 6 | | persons who have reached their 15th birthday, but are not yet | 7 | | 21
years of age, persons who are 65 years of age or older, and | 8 | | persons who are
issued an Illinois Person with a Disability | 9 | | Identification Card disabled person identification card , shall
| 10 | | expire 5 years from the ensuing birthday of the
applicant and a | 11 | | renewal
shall expire 5 years thereafter. Every original or | 12 | | renewal identification
card issued to a person who has reached | 13 | | his or her 15th birthday, but is
not yet
21 years of age shall | 14 | | expire 3 months after the person's 21st birthday.
| 15 | | (b) Every original, renewal, or duplicate (i) | 16 | | identification card issued
to a
person who has reached his or | 17 | | her 65th birthday shall be permanent and need
not be renewed | 18 | | and (ii) Illinois Person with a Disability Identification Card | 19 | | disabled
person identification card issued to a qualifying | 20 | | person shall expire 10 years
thereafter. The Secretary of State | 21 | | shall promulgate rules setting forth the
conditions and | 22 | | criteria for the renewal of all Illinois Person with a | 23 | | Disability Identification Cards disabled person
identification | 24 | | cards .
| 25 | | (Source: P.A. 91-880, eff. 6-30-00.)
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| 1 | | (15 ILCS 335/9) (from Ch. 124, par. 29)
| 2 | | Sec. 9. Renewal.
| 3 | | (a) Any person having a valid identification card which | 4 | | expires on
his or her 21st birthday, or which expires 3 months | 5 | | after his
or her 21st birthday,
may not apply for renewal of | 6 | | his or her existing identification card. A subsequent
| 7 | | application filed by persons under this subsection, on or after | 8 | | their 21st
birthday, shall be considered an application for a | 9 | | new
card under Section 5
of this Act.
| 10 | | (b) Any person having a valid identification card, except | 11 | | those under
subsection (a), may apply for a one-time renewal, | 12 | | in a manner prescribed by the
Secretary of State, within 30 | 13 | | days after the expiration of the identification
card. A | 14 | | subsequent application filed by that person shall be considered | 15 | | an
application for a new card under Section 5 of this Act. Any | 16 | | identification
card
renewed under this subsection shall be | 17 | | valid for 5 years after the expiration
date of the | 18 | | identification card as originally issued under Section 5 of | 19 | | this
Act. The Secretary of State, in his or her discretion, may | 20 | | provide that applications for the one-time renewal under this | 21 | | subsection (b) may be made by telephone, mail, or the Internet, | 22 | | subject to any eligibility criteria and other requirements that | 23 | | the Secretary of State deems appropriate.
| 24 | | (c) Notwithstanding any other provision of this Act to the | 25 | | contrary, a person convicted of a sex offense as defined in |
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| 1 | | Section 2 of the Sex Offender Registration Act may not renew | 2 | | his or her Illinois Identification Card or Illinois Disabled | 3 | | Person with a Disability Identification Card by telephone, | 4 | | mail, or the Internet. | 5 | | (Source: P.A. 95-779, eff. 1-1-09.)
| 6 | | (15 ILCS 335/11) (from Ch. 124, par. 31)
| 7 | | Sec. 11. The Secretary may make a search of his records and | 8 | | furnish
information as to whether a person has a current | 9 | | Standard Illinois
Identification Card or an Illinois Disabled | 10 | | Person with a Disability Identification Card then on
file, upon | 11 | | receipt of a written application therefor accompanied with the
| 12 | | prescribed fee. However, the Secretary may not disclose medical
| 13 | | information concerning an individual to any person, public | 14 | | agency, private
agency, corporation or governmental body | 15 | | unless the individual has
submitted a written request for the | 16 | | information or unless the individual
has given prior written | 17 | | consent for the release of the information to a
specific person | 18 | | or entity. This exception shall not apply to: (1) offices
and | 19 | | employees of the Secretary who have a need to know the medical
| 20 | | information in performance of their official duties, or (2) | 21 | | orders of a
court of competent jurisdiction. When medical | 22 | | information is disclosed by
the Secretary in accordance with | 23 | | the provisions of this Section, no
liability shall rest with | 24 | | the Office of the Secretary of State as the
information is | 25 | | released for informational purposes only. |
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| 1 | | The Secretary may release personally identifying | 2 | | information or highly restricted personal information only to: | 3 | | (1) officers and employees of the Secretary who have a | 4 | | need to know that information; | 5 | | (2) other governmental agencies for use in their | 6 | | official governmental functions; | 7 | | (3) law enforcement agencies that need the information | 8 | | for a criminal or civil investigation; or | 9 | | (4) any entity that the Secretary has authorized, by | 10 | | rule, to receive this information. | 11 | | The Secretary may not disclose an individual's social | 12 | | security number or any associated information obtained from the | 13 | | Social Security Administration without the written request or | 14 | | consent of the individual except: (i) to officers and employees | 15 | | of the Secretary who have a need to know the social security | 16 | | number in the performance of their official duties; (ii) to law | 17 | | enforcement officials for a lawful civil or criminal law | 18 | | enforcement investigation if the head of the law enforcement | 19 | | agency has made a written request to the Secretary specifying | 20 | | the law enforcement investigation for which the social security | 21 | | number is being sought; or (iii) under a lawful court order | 22 | | signed by a judge.
| 23 | | (Source: P.A. 93-895, eff. 1-1-05.)
| 24 | | (15 ILCS 335/12) (from Ch. 124, par. 32) | 25 | | Sec. 12. Fees concerning Standard Illinois Identification |
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| 1 | | Cards. The fees required under this Act for standard Illinois
| 2 | | Identification Cards must accompany any application provided | 3 | | for in this
Act, and the Secretary shall collect such fees as | 4 | | follows: | |
5 | | a. Original card issued on or before | | |
6 | | December 31, 2004 ........................... | $4 | |
7 | | Original card issued on or after | | |
8 | | January 1, 2005 ............................. | $20
| |
9 | | b. Renewal card issued on or before | | |
10 | | December 31, 2004 ........................... | 4 | |
11 | | Renewal card issued on or after | | |
12 | | January 1, 2005 ............................. | 20 | |
13 | | c. Corrected card issued on or before | | |
14 | | December 31, 2004 ........................... | 2 | |
15 | | Corrected card issued on or after | | |
16 | | January 1, 2005 ............................. | 10
| |
17 | | d. Duplicate card issued on or before | | |
18 | | December 31, 2004 ........................... | 4 | |
19 | | Duplicate card issued on or after | | |
20 | | January 1, 2005 ............................. | 20
| |
21 | | e. Certified copy with seal ................... | 5 | |
22 | | f. Search ..................................... | 2 | |
23 | | g. Applicant 65 years of age or over .......... | No Fee | |
24 | | h. (Blank) Disabled applicant ................... | No Fee | |
25 | | i. Individual living in Veterans | | |
26 | | Home or Hospital ........................... | No Fee | |
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| 1 | | j. Original card issued on or after July 1, 2007 | | |
2 | | under 18 years of age ....................... | $10 | |
3 | | k. Renewal card issued on or after July 1, 2007 | | |
4 | | under 18 years of age ....................... | $10 | |
5 | | l. Corrected card issued on or after July 1, 2007 | | |
6 | | under 18 years of age ....................... | $5 | |
7 | | m. Duplicate card issued on or after July 1, 2007 | | |
8 | | under 18 years of age ....................... | $10 | |
9 | | n. Homeless person .............................. | No Fee | |
10 | | o. Duplicate card issued to an active-duty | | |
11 | | member of the United States Armed Forces, the | | |
12 | | member's spouse, or dependent children | | |
13 | | living with the member ...................... | No Fee |
| 14 | | All fees collected under this Act shall be paid into the | 15 | | Road Fund of the State treasury, except that the following | 16 | | amounts shall be paid into the General Revenue Fund:
(i) 80% of | 17 | | the fee for an original, renewal, or duplicate Illinois | 18 | | Identification Card issued on or after January 1, 2005;
and | 19 | | (ii) 80% of the fee for a corrected Illinois Identification | 20 | | Card issued on or after January 1, 2005.
| 21 | | Any disabled person making an application for a
standard | 22 | | Illinois Identification Card for no fee must,
along with the | 23 | | application, submit an affirmation by the applicant on a
form | 24 | | to be provided by the Secretary of State, attesting that such | 25 | | person
is a disabled person as defined in Section 4A of this | 26 | | Act. |
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| 1 | | An individual, who resides in a veterans home or veterans | 2 | | hospital
operated by the state or federal government, who makes | 3 | | an application for an
Illinois Identification Card to be issued | 4 | | at no fee, must submit, along
with the application, an | 5 | | affirmation by the applicant on a form provided by
the | 6 | | Secretary of State, that such person resides in a veterans home | 7 | | or
veterans hospital operated by the state or federal | 8 | | government. | 9 | | The application of a homeless individual for an Illinois | 10 | | Identification Card to be issued at no fee must be accompanied | 11 | | by an affirmation by a qualified person, as defined in Section | 12 | | 4C of this Act, on a form provided by the Secretary of State, | 13 | | that the applicant is currently homeless as defined in Section | 14 | | 1A of this Act. | 15 | | The fee for any duplicate identification card shall be | 16 | | waived for any person who presents the Secretary of State's | 17 | | Office with a police report showing that his or her | 18 | | identification card was stolen. | 19 | | The fee for any duplicate identification card shall be | 20 | | waived for any person age 60 or older whose identification card | 21 | | has been lost or stolen. | 22 | | As used in this Section, "active-duty member of the United | 23 | | States Armed Forces" means a member of the Armed Services or | 24 | | Reserve Forces of the United States or a member of the Illinois | 25 | | National Guard who is called to active duty pursuant to an | 26 | | executive order of the President of the United States, an act |
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| 1 | | of the Congress of the United States, or an order of the | 2 | | Governor. | 3 | | (Source: P.A. 96-183, eff. 7-1-10; 96-1231, eff. 7-23-10; | 4 | | 97-333, eff. 8-12-11.)
| 5 | | (15 ILCS 335/12A) (from Ch. 124, par. 32A)
| 6 | | Sec. 12A.
Fees concerning Illinois Disabled Person with a | 7 | | Disability Identification
Cards. The fees required under this | 8 | | Act for Illinois Disabled Person with a Disability
| 9 | | Identification Cards must accompany any application provided | 10 | | for in this
Act, and the Secretary shall collect such fees as | 11 | | follows:
|
|
12 | | a. Original card ......................... |
No Fee |
|
13 | | b. Renewal card .......................... |
No Fee |
|
14 | | c. Corrected card ........................ |
No Fee |
|
15 | | d. Duplicate card ........................ |
No Fee |
|
16 | | e. Certified copy with seal .............. |
$5 |
|
17 | | f. Search ................................ |
$2 |
|
18 | | g. Applicant with a disability Disabled | 19 | | applicant . |
No Fee |
|
20 | | h. Authorized release of medical | 21 | | information to public agency,
governmental | 22 | | body, or locally operated program performing | 23 | | services for a |
|
|
24 | | public agency or governmental body ............ |
No Fee |
|
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| 1 | | i. Authorized release of medical | 2 | | information to public agency,
governmental | 3 | | body, or locally operated program performing | 4 | | services for a |
|
|
5 | | public agency or governmental body in | 6 | | certified form with seal . |
No Fee |
|
7 | | j. Authorized release of a cardholder's | 8 | | medical information to that same |
|
|
9 | | cardholder .................................... |
50˘ per page |
|
10 | | k. Authorized release of a cardholder's | 11 | | medical information to that same |
|
|
12 | | cardholder in certified form with seal ........ |
50˘ per |
|
13 | | |
page, plus $2.00 |
|
14 | | |
certification. |
|
15 | | (Source: P.A. 83-1421 .)
| 16 | | (15 ILCS 335/13) (from Ch. 124, par. 33)
| 17 | | Sec. 13. Rejection, denial or revocations. | 18 | | (a) The Secretary of
State may reject or deny any | 19 | | application if he:
| 20 | | 1. is not satisfied with the genuineness, regularity or | 21 | | legality of
any application; or
| 22 | | 2. has not been supplied with the required information; | 23 | | or
| 24 | | 3. is not satisfied with the truth of any information | 25 | | or
documentation supplied by an applicant; or
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| 1 | | 4. determines that the applicant is not entitled to the | 2 | | card as
applied for; or
| 3 | | 5. determines that any fraud was committed by the | 4 | | applicant; or
| 5 | | 6. determines that a signature is not valid or is a | 6 | | forgery; or
| 7 | | 7. determines that the applicant has not paid the | 8 | | prescribed fee; or
| 9 | | 8. determines that the applicant has falsely claimed to | 10 | | be a disabled
person with a disability as defined in | 11 | | Section 4A of this Act; or
| 12 | | 9. cannot verify the accuracy of any information or | 13 | | documentation
submitted by the applicant.
| 14 | | (b) The Secretary of State may cancel or revoke any | 15 | | identification
card issued by him, upon determining that:
| 16 | | 1. the holder is not legally entitled to the card; or
| 17 | | 2. the applicant for the card made a false statement or | 18 | | knowingly
concealed a material fact in any application | 19 | | filed by him under this
Act; or
| 20 | | 3. any person has displayed or represented as his own a | 21 | | card not
issued to him; or
| 22 | | 4. any holder has permitted the display or use of his | 23 | | card by any
other person; or
| 24 | | 5. that the signature of the applicant was forgery or | 25 | | that the
signature on the card is a forgery; or
| 26 | | 6. a card has been used for any unlawful or fraudulent |
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| 1 | | purpose; or
| 2 | | 7. a card has been altered or defaced; or
| 3 | | 8. any card has been duplicated for any purpose; or
| 4 | | 9. any card was utilized to counterfeit such cards; or
| 5 | | 10. the holder of an Illinois Disabled Person with a | 6 | | Disability Identification Card is
not a disabled person as | 7 | | defined in Section 4A of this Act; or
| 8 | | 11. the holder failed to appear at a Driver Services | 9 | | facility for the
reissuance of a
card or to present | 10 | | documentation for verification of identity.
| 11 | | (c) The Secretary of State is authorized to take possession | 12 | | of and shall make a demand for return of any card which
has | 13 | | been cancelled or revoked, unlawfully or erroneously issued, or | 14 | | issued in violation of this Act, and every
person to whom such | 15 | | demand is
addressed, shall promptly and without delay, return | 16 | | such card to the
Secretary pursuant to his instructions, or, he | 17 | | shall surrender any such
card to the Secretary or any agent of | 18 | | the Secretary upon demand.
| 19 | | (d) The Secretary of State is authorized to take possession | 20 | | of any
Illinois Identification Card or Illinois Disabled Person | 21 | | with a Disability Identification
Card which has been cancelled | 22 | | or revoked, or
which is blank, or which has been altered or | 23 | | defaced or duplicated or
which is counterfeit or contains a | 24 | | forgery; or otherwise issued in violation
of this Act and may | 25 | | confiscate any suspected fraudulent, fictitious, or altered | 26 | | documents submitted by an applicant in support of an |
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| 1 | | application for an identification card.
| 2 | | (Source: P.A. 97-229, eff. 7-28-11.)
| 3 | | (15 ILCS 335/14)
(from Ch. 124, par. 34)
| 4 | | Sec. 14. Unlawful use of identification card.
| 5 | | (a) It is a violation of this Section for any person:
| 6 | | 1. To possess, display, or cause to be displayed
any | 7 | | cancelled or revoked identification card;
| 8 | | 2. To display or represent as the person's own any
| 9 | | identification
card issued to another;
| 10 | | 3. To allow any unlawful use of an identification card
| 11 | | issued to the person;
| 12 | | 4. To lend an identification card to
another or | 13 | | knowingly allow the use
thereof by another;
| 14 | | 5. To fail or refuse to surrender to the Secretary of | 15 | | State, the
Secretary's agent or any peace officer upon | 16 | | lawful demand, any
identification card
which has
been | 17 | | revoked or cancelled;
| 18 | | 6. To possess, use, or allow to be used any materials, | 19 | | hardware, or
software specifically designed for or | 20 | | primarily used in the manufacture,
assembly,
issuance, or | 21 | | authentication of an official Illinois Identification Card | 22 | | or
Illinois
Disabled Person with a Disability | 23 | | Identification Card issued by the Secretary of State; or
| 24 | | 7. To knowingly possess, use, or allow to be used a | 25 | | stolen identification card making implement. |
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| 1 | | (a-1) It is a violation of this Section for any person to | 2 | | possess, use, or allow to be used any materials, hardware, or | 3 | | software specifically designed for or primarily used in the | 4 | | reading of encrypted language from the bar code or magnetic | 5 | | strip of an official Illinois Identification Card or Illinois | 6 | | Disabled Person with a Disability Identification Card issued by | 7 | | the Secretary of State. This subsection (a-1) does not apply if | 8 | | a federal or State law, rule, or regulation requires that the | 9 | | card holder's address be recorded in specified transactions or | 10 | | if the encrypted information is obtained for the detection or | 11 | | possible prosecution of criminal offenses or fraud. If the | 12 | | address information is obtained under this subsection (a-1), it | 13 | | may be used only for the purposes authorized by this subsection
| 14 | | (a-1).
| 15 | | (a-5) As used in this Section "identification card" means | 16 | | any document
made or issued by or under the authority of the | 17 | | United States Government, the
State of Illinois or any other | 18 | | State or political subdivision thereof, or any
governmental or | 19 | | quasi-governmental organization that, when completed with
| 20 | | information concerning the individual, is of a type intended or | 21 | | commonly
accepted for the purpose of identifying the | 22 | | individual.
| 23 | | (b) Sentence.
| 24 | | 1. Any person convicted of a violation of this Section | 25 | | shall be guilty
of a Class A misdemeanor and shall be | 26 | | sentenced to a minimum fine of $500 or
50 hours of |
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| 1 | | community service, preferably at an alcohol abuse | 2 | | prevention
program, if available.
| 3 | | 2. A person convicted of a second or subsequent | 4 | | violation of this
Section shall be guilty of a Class 4 | 5 | | felony.
| 6 | | (c) This Section does not prohibit any lawfully authorized
| 7 | | investigative, protective, law enforcement or other activity | 8 | | of any agency
of the United States, State of Illinois or any | 9 | | other state or political
subdivision thereof.
| 10 | | (Source: P.A. 93-667, eff. 3-19-04; 93-895, eff. 1-1-05; | 11 | | 94-239, eff. 1-1-06.)
| 12 | | (15 ILCS 335/14C) (from Ch. 124, par. 34C)
| 13 | | Sec. 14C. Making false application or affidavit.
| 14 | | (a) It is a violation of this Section for any person:
| 15 | | 1. To display or present any document for the purpose | 16 | | of making
application for an Illinois Identification Card | 17 | | or Illinois Disabled Person with a Disability
| 18 | | Identification Card knowing that such document contains | 19 | | false information
concerning the identity of the | 20 | | applicant;
| 21 | | 2. To accept or allow to be accepted any document | 22 | | displayed or
presented for the purpose of making | 23 | | application for an Illinois
Identification Card or | 24 | | Illinois Disabled Person with a Disability Identification | 25 | | Card knowing
that such document contains false information |
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| 1 | | concerning the identify of
the applicant;
| 2 | | 3. To knowingly make any false affidavit or swear or | 3 | | affirm falsely to any
matter or thing required by the terms | 4 | | of this Act to be sworn to or affirmed.
| 5 | | (b) Sentence.
| 6 | | 1. Any person convicted of a violation of this Section | 7 | | shall be guilty
of a Class 4 felony.
| 8 | | 2. A person convicted of a second or subsequent | 9 | | violation of this
Section shall be guilty of a Class 3 | 10 | | felony.
| 11 | | (c) This Section does not prohibit any lawfully authorized
| 12 | | investigative, protective, law enforcement or other activity | 13 | | of any agency
of the United States, State of Illinois or any | 14 | | other state or political
subdivision thereof.
| 15 | | (d) The Secretary of State may confiscate any suspected | 16 | | fraudulent,
fictitious, or altered documents submitted by an | 17 | | applicant
in support of an application for an Illinois | 18 | | Identification Card or
Illinois Disabled Person with a | 19 | | Disability Identification Card.
| 20 | | (Source: P.A. 93-895, eff. 1-1-05.)
| 21 | | (15 ILCS 335/15) (from Ch. 124, par. 35)
| 22 | | Sec. 15. Penalty. A violation of this Act is a Class C | 23 | | misdemeanor unless
otherwise provided herein. Conviction shall | 24 | | not be a bar against civil
actions to recover losses covered by | 25 | | deceptive practices with any Illinois
Identification Card or |
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| 1 | | Illinois Disabled Person with a Disability Identification | 2 | | Card.
| 3 | | (Source: P.A. 83-1421.)
| 4 | | (15 ILCS 335/15A) (from Ch. 124, par. 35A)
| 5 | | Sec. 15A. Injunctions. If any person operates in violation | 6 | | of any provision
of this Chapter, or any rule, regulation, | 7 | | order or decision of the Secretary
of State, or of any term, | 8 | | condition or limitation of any Illinois Identification
Card, or | 9 | | Illinois Disabled Person with a Disability Identification | 10 | | Card, the Secretary of
State, or any person injured thereby, or | 11 | | any interested
person, may apply to the Circuit Court of the | 12 | | county in which such violation
or some part thereof occurred, | 13 | | or in which that person complained of has
his place of business | 14 | | or resides, to prevent such violation. The Court
has | 15 | | jurisdiction to enforce obedience by injunction or other | 16 | | process restraining
such person from further violation and | 17 | | enjoining upon him obedience.
| 18 | | (Source: P.A. 83-1421.)
| 19 | | Section 15. The Property Tax Code is amended by changing | 20 | | Section 15-168 as follows: | 21 | | (35 ILCS 200/15-168) | 22 | | Sec. 15-168. Disabled persons' homestead exemption. | 23 | | (a) Beginning with taxable year 2007, an
annual homestead |
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| 1 | | exemption is granted to disabled persons in
the amount of | 2 | | $2,000, except as provided in subsection (c), to
be deducted | 3 | | from the property's value as equalized or assessed
by the | 4 | | Department of Revenue. The disabled person shall receive
the | 5 | | homestead exemption upon meeting the following
requirements: | 6 | | (1) The property must be occupied as the primary | 7 | | residence by the disabled person. | 8 | | (2) The disabled person must be liable for paying the
| 9 | | real estate taxes on the property. | 10 | | (3) The disabled person must be an owner of record of
| 11 | | the property or have a legal or equitable interest in the
| 12 | | property as evidenced by a written instrument. In the case
| 13 | | of a leasehold interest in property, the lease must be for
| 14 | | a single family residence. | 15 | | A person who is disabled during the taxable year
is | 16 | | eligible to apply for this homestead exemption during that
| 17 | | taxable year. Application must be made during the
application | 18 | | period in effect for the county of residence. If a
homestead | 19 | | exemption has been granted under this Section and the
person | 20 | | awarded the exemption subsequently becomes a resident of
a | 21 | | facility licensed under the Nursing Home Care Act, the | 22 | | Specialized Mental Health Rehabilitation Act, or the ID/DD | 23 | | Community Care Act, then the
exemption shall continue (i) so | 24 | | long as the residence continues
to be occupied by the | 25 | | qualifying person's spouse or (ii) if the
residence remains | 26 | | unoccupied but is still owned by the person
qualified for the |
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| 1 | | homestead exemption. | 2 | | (b) For the purposes of this Section, "disabled person"
| 3 | | means a person unable to engage in any substantial gainful | 4 | | activity by reason of a medically determinable physical or | 5 | | mental impairment which can be expected to result in death or | 6 | | has lasted or can be expected to last for a continuous period | 7 | | of not less than 12 months. Disabled persons filing claims | 8 | | under this Act shall submit proof of disability in such form | 9 | | and manner as the Department shall by rule and regulation | 10 | | prescribe. Proof that a claimant is eligible to receive | 11 | | disability benefits under the Federal Social Security Act shall | 12 | | constitute proof of disability for purposes of this Act. | 13 | | Issuance of an Illinois Disabled Person with a Disability | 14 | | Identification Card stating that the claimant is under a Class | 15 | | 2 disability, as defined in Section 4A of the The Illinois | 16 | | Identification Card Act, shall constitute proof that the person | 17 | | named thereon is a disabled person for purposes of this Act. A | 18 | | disabled person not covered under the Federal Social Security | 19 | | Act and not presenting an Illinois a Disabled Person with a | 20 | | Disability Identification Card stating that the claimant is | 21 | | under a Class 2 disability shall be examined by a physician | 22 | | designated by the Department, and his status as a disabled | 23 | | person determined using the same standards as used by the | 24 | | Social Security Administration. The costs of any required | 25 | | examination shall be borne by the claimant. | 26 | | (c) For land improved with (i) an apartment building owned
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| 1 | | and operated as a cooperative or (ii) a life care facility as
| 2 | | defined under Section 2 of the Life Care Facilities Act that is
| 3 | | considered to be a cooperative, the maximum reduction from the
| 4 | | value of the property, as equalized or assessed by the
| 5 | | Department, shall be multiplied by the number of apartments or
| 6 | | units occupied by a disabled person. The disabled person shall
| 7 | | receive the homestead exemption upon meeting the following
| 8 | | requirements: | 9 | | (1) The property must be occupied as the primary | 10 | | residence by the
disabled person. | 11 | | (2) The disabled person must be liable by contract with
| 12 | | the owner or owners of record for paying the apportioned
| 13 | | property taxes on the property of the cooperative or life
| 14 | | care facility. In the case of a life care facility, the
| 15 | | disabled person must be liable for paying the apportioned
| 16 | | property taxes under a life care contract as defined in | 17 | | Section 2 of the Life Care Facilities Act. | 18 | | (3) The disabled person must be an owner of record of a
| 19 | | legal or equitable interest in the cooperative apartment
| 20 | | building. A leasehold interest does not meet this
| 21 | | requirement.
| 22 | | If a homestead exemption is granted under this subsection, the
| 23 | | cooperative association or management firm shall credit the
| 24 | | savings resulting from the exemption to the apportioned tax
| 25 | | liability of the qualifying disabled person. The chief county
| 26 | | assessment officer may request reasonable proof that the
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| 1 | | association or firm has properly credited the exemption. A
| 2 | | person who willfully refuses to credit an exemption to the
| 3 | | qualified disabled person is guilty of a Class B misdemeanor.
| 4 | | (d) The chief county assessment officer shall determine the
| 5 | | eligibility of property to receive the homestead exemption
| 6 | | according to guidelines established by the Department. After a
| 7 | | person has received an exemption under this Section, an annual
| 8 | | verification of eligibility for the exemption shall be mailed
| 9 | | to the taxpayer. | 10 | | In counties with fewer than 3,000,000 inhabitants, the | 11 | | chief county assessment officer shall provide to each
person | 12 | | granted a homestead exemption under this Section a form
to | 13 | | designate any other person to receive a duplicate of any
notice | 14 | | of delinquency in the payment of taxes assessed and
levied | 15 | | under this Code on the person's qualifying property. The
| 16 | | duplicate notice shall be in addition to the notice required to
| 17 | | be provided to the person receiving the exemption and shall be | 18 | | given in the manner required by this Code. The person filing
| 19 | | the request for the duplicate notice shall pay an
| 20 | | administrative fee of $5 to the chief county assessment
| 21 | | officer. The assessment officer shall then file the executed
| 22 | | designation with the county collector, who shall issue the
| 23 | | duplicate notices as indicated by the designation. A
| 24 | | designation may be rescinded by the disabled person in the
| 25 | | manner required by the chief county assessment officer. | 26 | | (e) A taxpayer who claims an exemption under Section 15-165 |
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| 1 | | or 15-169 may not claim an exemption under this Section.
| 2 | | (Source: P.A. 96-339, eff. 7-1-10; 97-38, eff. 6-28-11; 97-227, | 3 | | eff. 1-1-12; revised 9-12-11.) | 4 | | Section 20. The Mobile Home Local Services Tax Act is | 5 | | amended by changing Section 7 as follows:
| 6 | | (35 ILCS 515/7) (from Ch. 120, par. 1207)
| 7 | | Sec. 7.
The local services tax for owners of mobile homes | 8 | | who (a) are
actually residing in such mobile homes, (b) hold | 9 | | title to such mobile
home as provided in the Illinois Vehicle | 10 | | Code, and (c) are 65 years of age or older or are disabled
| 11 | | persons within the meaning of Section 3.14 of the "Senior | 12 | | Citizens and
Disabled Persons Property Tax Relief and | 13 | | Pharmaceutical Assistance Act"
on the annual billing date
shall | 14 | | be reduced to 80 percent of the tax provided for in Section 3 | 15 | | of
this Act. Proof that a claimant has been issued an Illinois | 16 | | Disabled
Person with a Disability Identification Card stating | 17 | | that the claimant is under a Class 2
disability, as provided in | 18 | | Section 4A of the Illinois Identification Card
Act, shall | 19 | | constitute proof that the person thereon named is a disabled
| 20 | | person within the meaning of this Act. An application for | 21 | | reduction of
the tax shall be filed with
the county clerk by | 22 | | the individuals who are entitled to the reduction.
If the | 23 | | application is filed after May 1, the reduction in tax shall
| 24 | | begin with the next annual bill. Application for the reduction |
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| 1 | | in tax
shall be done by submitting proof that the applicant has | 2 | | been issued an
Illinois Disabled Person with a Disability | 3 | | Identification Card designating the applicant's
disability as | 4 | | a Class 2 disability, or by affidavit in substantially the
| 5 | | following form:
| 6 | | APPLICATION FOR REDUCTION OF MOBILE HOME LOCAL SERVICES TAX
| 7 | | I hereby make application for a reduction to 80% of the | 8 | | total tax
imposed under "An Act to provide for a local services
| 9 | | tax on mobile homes".
| 10 | | (1) Senior Citizens
| 11 | | (a) I actually reside in the mobile home ....
| 12 | | (b) I hold title to the mobile home as provided in the | 13 | | Illinois
Vehicle Code ....
| 14 | | (c) I reached the age of 65 on or before either January 1 | 15 | | (or July
1) of the year in which this statement is filed. My | 16 | | date of birth is: ...
| 17 | | (2) Disabled Persons
| 18 | | (a) I actually reside in the mobile home...
| 19 | | (b) I hold title to the mobile home as provided in the | 20 | | Illinois
Vehicle Code ....
| 21 | | (c) I was totally disabled on ... and have remained | 22 | | disabled until
the date of this application. My Social | 23 | | Security, Veterans, Railroad or
Civil Service Total Disability | 24 | | Claim Number is ... The undersigned
declares under the penalty | 25 | | of perjury that the above statements are true
and correct.
| 26 | | Dated (insert date).
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| 1 | | ...........................
| 2 | | Signature of owner
| 3 | | ...........................
| 4 | | (Address)
| 5 | | ...........................
| 6 | | (City) (State) (Zip)
| 7 | | Approved by:
| 8 | | .............................
| 9 | | (Assessor)
| 10 | | This application shall be accompanied by a copy of the | 11 | | applicant's
most recent application filed with the Illinois | 12 | | Department on Aging
under the Senior Citizens and Disabled | 13 | | Persons Property Tax Relief and
Pharmaceutical Assistance Act.
| 14 | | (Source: P.A. 96-804, eff. 1-1-10.)
| 15 | | Section 25. The Illinois Public Aid Code is amended by | 16 | | changing Section 3-1 as follows:
| 17 | | (305 ILCS 5/3-1) (from Ch. 23, par. 3-1)
| 18 | | Sec. 3-1. Eligibility Requirements. Financial aid in | 19 | | meeting basic
maintenance requirements for a livelihood | 20 | | compatible with health and
well-being shall be given under this | 21 | | Article to or in behalf of aged,
blind, or disabled persons who | 22 | | meet the eligibility conditions of Sections
3-1.1 through | 23 | | 3-1.7. Financial aid under this Article shall be available only
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| 1 | | for persons who are receiving Supplemental Security Income | 2 | | (SSI) or who have
been found ineligible for SSI (i) on the | 3 | | basis of income or (ii) due to expiration of the period of | 4 | | eligibility for refugees and asylees pursuant to 8 U.S.C. | 5 | | 1612(a)(2).
| 6 | | "Aged person" means a person who has attained age 65, as | 7 | | demonstrated by
such evidence of age as the Illinois Department | 8 | | may by rule prescribe.
| 9 | | "Blind person" means a person who has no vision or whose | 10 | | vision with
corrective glasses is so defective as to prevent | 11 | | the performance of
ordinary duties or tasks for which eyesight | 12 | | is essential. The Illinois
Department shall define blindness in | 13 | | terms of ophthalmic measurements or
ocular conditions. For | 14 | | purposes of this Act, an Illinois Disabled Person
with a | 15 | | Disability Identification Card issued pursuant to the The | 16 | | Illinois Identification Card
Act, indicating that the person | 17 | | thereon named has a Type 3 disability shall
be evidence that | 18 | | such person is a blind person within the meaning of this
| 19 | | Section; however, such a card shall not qualify such person for | 20 | | aid as a
blind person under this Act, and eligibility for aid | 21 | | as a blind person
shall be determined as provided in this Act.
| 22 | | "Disabled person" means a person age 18 or over who has a | 23 | | physical or
mental impairment, disease, or loss which is of a | 24 | | permanent nature and
which substantially impairs his ability to | 25 | | perform labor or services or to
engage in useful occupations | 26 | | for which he is qualified, as determined by
rule and regulation |
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| 1 | | of the Illinois Department. For purposes of this
Act, an | 2 | | Illinois Disabled Person with a Disability Identification Card | 3 | | issued pursuant to the The
Illinois Identification Card Act, | 4 | | indicating that the person thereon named
has a Type 1 or 2, | 5 | | Class 2 disability shall be evidence that such person is
a | 6 | | disabled person under this Section; however, such a card shall | 7 | | not
qualify such person for aid as a disabled person under this | 8 | | Act, and
eligibility for aid as a disabled person shall be | 9 | | determined as provided in
this Act. If federal law or | 10 | | regulation permit or require the inclusion of
blind or disabled | 11 | | persons whose blindness or disability is not of the
degree | 12 | | specified in the foregoing definitions, or permit or require | 13 | | the
inclusion of disabled persons under age 18 or aged persons | 14 | | under age 65,
the Illinois Department, upon written approval of | 15 | | the Governor, may provide
by rule that all aged, blind or | 16 | | disabled persons toward whose aid federal
funds are available | 17 | | be eligible for assistance under this Article as is
given to | 18 | | those who meet the foregoing definitions of blind person and
| 19 | | disabled person or aged person.
| 20 | | (Source: P.A. 96-22, eff. 6-30-09.)
| 21 | | Section 30. The Senior Citizens and Disabled Persons | 22 | | Property Tax Relief and
Pharmaceutical Assistance Act is | 23 | | amended by changing Section 3.14 as follows:
| 24 | | (320 ILCS 25/3.14) (from Ch. 67 1/2, par. 403.14)
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| 1 | | Sec. 3.14.
"Disabled person" means a person unable to | 2 | | engage in any substantial
gainful activity by reason of a | 3 | | medically determinable physical or mental
impairment which can | 4 | | be expected to result in death or has lasted or can be
expected | 5 | | to last for a continuous period of not less than 12 months.
| 6 | | Disabled persons filing claims under this Act shall submit | 7 | | proof of
disability in such form and manner as the Department | 8 | | shall by rule and
regulation prescribe. Proof that a claimant | 9 | | is eligible to receive
disability benefits under the Federal | 10 | | Social Security Act shall constitute
proof of disability for | 11 | | purposes of this Act. Issuance of an Illinois
Disabled Person | 12 | | with a Disability Identification Card stating that the claimant | 13 | | is under a
Class 2 disability, as defined in Section 4A of the | 14 | | The Illinois Identification
Card Act, shall constitute proof | 15 | | that the person named thereon is a
disabled person for purposes | 16 | | of this Act. A disabled person not covered
under the Federal | 17 | | Social Security Act
and not presenting a Disabled Person | 18 | | Identification Card stating that
the claimant is under a Class | 19 | | 2 disability
shall be examined by a physician
designated by the | 20 | | Department, and his status as a disabled person
determined | 21 | | using the same standards as used by the Social Security
| 22 | | Administration. The costs of any required examination shall be | 23 | | borne by the
claimant.
| 24 | | (Source: P.A. 83-1421.)
| 25 | | Section 35. The Fish and Aquatic Life Code is amended by |
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| 1 | | changing Section 20-5 as follows:
| 2 | | (515 ILCS 5/20-5) (from Ch. 56, par. 20-5)
| 3 | | Sec. 20-5. Necessity of license; exemptions.
| 4 | | (a) Any person taking or attempting to take any fish,
| 5 | | including minnows for commercial purposes, turtles, mussels, | 6 | | crayfish, or
frogs by any means whatever in any waters or lands | 7 | | wholly or in part
within the jurisdiction of the State, | 8 | | including that part of Lake
Michigan under the jurisdiction of | 9 | | this State, shall first obtain a
license to do so, and shall do | 10 | | so only during the respective
periods of the year when it shall | 11 | | be lawful as provided in this Code.
Individuals under 16, blind | 12 | | or disabled residents, or individuals fishing at
fee fishing | 13 | | areas licensed by the Department, however, may fish with sport
| 14 | | fishing devices without being required to have a license. For | 15 | | the purpose of this
Section
an individual is blind or disabled | 16 | | if that individual has a Class 2 disability
as defined in | 17 | | Section 4A of the Illinois Identification Card Act. For | 18 | | purposes
of this Section an Illinois Disabled Person with a | 19 | | Disability Identification Card issued under
the Illinois | 20 | | Identification Card Act indicating that the individual named on
| 21 | | the card has a Class 2 disability shall be adequate | 22 | | documentation of a
disability.
| 23 | | (b) A courtesy non-resident sport fishing license or stamp | 24 | | may be issued
at
the discretion of the Director, without fee, | 25 | | to (i) any individual officially
employed in the wildlife and |
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| 1 | | fish or conservation department of another
state or of the | 2 | | United States who is within the State to assist or
consult or | 3 | | cooperate with the Director or (ii) the officials of other
| 4 | | states, the United States, foreign countries, or officers or
| 5 | | representatives of conservation organizations or publications | 6 | | while in
the State as guests of the Governor or Director.
| 7 | | (c) The Director may issue special fishing permits without | 8 | | cost to
groups of hospital patients or handicapped individuals | 9 | | for
use on specified dates in connection with supervised | 10 | | fishing for therapy.
| 11 | | (d) Veterans who, according to the determination of the | 12 | | Veterans'
Administration as certified by the Department of | 13 | | Veterans' Affairs, are at
least 10% disabled with | 14 | | service-related disabilities or in receipt of total
disability | 15 | | pensions may fish with sport fishing devices
during those | 16 | | periods of
the year it is lawful to do so without being | 17 | | required to have a license,
on the condition that their | 18 | | respective disabilities do not prevent them
from fishing in a | 19 | | manner which is safe to themselves and others.
| 20 | | (e) Each year the Director may designate a period, not to | 21 | | exceed 4 days
in duration, when sport fishermen may fish waters | 22 | | wholly or in
part within the
jurisdiction of the State, | 23 | | including that part of Lake Michigan under the
jurisdiction of | 24 | | the State, and not be required to obtain the license or
stamp | 25 | | required by subsection (a) of this Section, Section 20-10 or
| 26 | | subsection (a) of Section 20-55. The term of any such period |
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| 1 | | shall be
established by administrative rule.
This subsection | 2 | | shall not apply to commercial fishing.
| 3 | | (f) The Director may issue special fishing permits without | 4 | | cost for a
group event, restricted to specific dates and | 5 | | locations if it is determined by
the Department that the event | 6 | | is beneficial in promoting sport fishing in
Illinois.
| 7 | | (Source: P.A. 89-66, eff. 1-1-96; 90-743, eff. 1-1-99.)
| 8 | | Section 40. The Wildlife Code is amended by changing | 9 | | Section 3.1 as follows: | 10 | | (520 ILCS 5/3.1) (from Ch. 61, par. 3.1) | 11 | | Sec. 3.1. License and stamps required. | 12 | | (a) Before any person shall take or attempt to take any of | 13 | | the species
protected by Section 2.2 for which an open season | 14 | | is established under this
Act, he shall first have procured and | 15 | | possess a valid hunting license, except as provided in Section | 16 | | 3.1-5 of this Code. | 17 | | Before any person 16 years of age or older shall take or
| 18 | | attempt to take any bird of the species defined as migratory | 19 | | waterfowl by
Section 2.2, including coots, he shall first have | 20 | | procured a State
Migratory Waterfowl Stamp. | 21 | | Before any person 16 years of age or older takes, attempts | 22 | | to take, or
pursues any species of wildlife protected by this | 23 | | Code, except migratory
waterfowl, coots, and hand-reared birds | 24 | | on licensed game breeding and hunting
preserve areas and state |
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| 1 | | controlled pheasant hunting areas, he or she shall
first obtain | 2 | | a State Habitat Stamp. Disabled veterans and former prisoners | 3 | | of
war shall not be required to obtain State Habitat Stamps. | 4 | | Any person who
obtained a lifetime license before January 1, | 5 | | 1993, shall not be required to
obtain State Habitat Stamps. | 6 | | Income from the sale of State Furbearer Stamps and
State | 7 | | Pheasant Stamps received after the effective date of this | 8 | | amendatory Act
of 1992 shall be deposited into the State | 9 | | Furbearer Fund and State Pheasant
Fund, respectively. | 10 | | Before any person 16 years of age or older shall take, | 11 | | attempt to
take, or sell the green hide of any mammal of the | 12 | | species defined as
fur-bearing mammals by Section 2.2 for which | 13 | | an open season is established
under this Act, he shall first | 14 | | have procured a State Habitat Stamp. | 15 | | (b) Before any person who is a non-resident of the State of | 16 | | Illinois
shall take or attempt to take any of the species | 17 | | protected by Section
2.2
for which an open season is | 18 | | established under this Act, he shall,
unless specifically | 19 | | exempted by law, first procure a non-resident
license as | 20 | | provided by this Act for the taking of any wild game. | 21 | | Before a nonresident shall take or attempt to take | 22 | | white-tailed deer,
he shall first have procured a Deer Hunting | 23 | | Permit as defined in Section
2.26 of this Code. | 24 | | Before a nonresident shall take or attempt to take wild | 25 | | turkeys, he
shall have procured a Wild Turkey Hunting Permit as | 26 | | defined in Section 2.11
of this Code. |
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| 1 | | (c) The owners residing on, or bona fide tenants of, farm | 2 | | lands and their
children, parents, brothers, and sisters | 3 | | actually permanently residing on
their lands shall have the | 4 | | right to hunt any of the species protected by
Section 2.2 upon | 5 | | their lands and waters without procuring hunting licenses;
but | 6 | | the hunting shall be done only during periods of time and with | 7 | | devices
and by methods as are permitted by this Act. Any person | 8 | | on active duty
with the Armed Forces of the United States who | 9 | | is now and who was at the
time of entering the Armed Forces a | 10 | | resident of Illinois and who entered
the Armed Forces from this | 11 | | State, and who is presently on ordinary or emergency leave
from | 12 | | the Armed Forces, and any resident of Illinois who is disabled | 13 | | may hunt
any of the species protected by Section 2.2 without | 14 | | procuring a hunting
license, but the hunting shall be done only | 15 | | during such periods of time and
with devices and by methods as | 16 | | are permitted by this Act. For the purpose of
this Section a | 17 | | person is disabled when that person has a Type 1 or Type 4,
| 18 | | Class 2 disability as defined in Section 4A of the Illinois | 19 | | Identification Card
Act. For purposes of this Section, an | 20 | | Illinois Disabled Person with a Disability Identification
Card | 21 | | issued pursuant to the Illinois Identification Card Act | 22 | | indicating that
the person named has a Type 1 or Type 4, Class | 23 | | 2 disability shall be adequate
documentation of the disability. | 24 | | (d) A courtesy non-resident license, permit, or stamp for | 25 | | taking game
may be issued at the
discretion of the Director, | 26 | | without fee, to any person officially employed
in the game and |
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| 1 | | fish or conservation department of another state or of the
| 2 | | United States who is within the State to assist or consult or | 3 | | cooperate
with the Director; or to the officials of other | 4 | | states, the United States,
foreign countries, or officers or | 5 | | representatives of conservation
organizations or publications | 6 | | while in the State as guests of the Governor
or Director. The | 7 | | Director may provide to nonresident participants and
official | 8 | | gunners at field trials an exemption from licensure while
| 9 | | participating in a field trial. | 10 | | (e) State Migratory Waterfowl Stamps shall be required for | 11 | | those persons
qualifying under subsections (c) and (d) who | 12 | | intend to hunt migratory
waterfowl, including coots, to the | 13 | | extent that hunting licenses of the
various types are | 14 | | authorized and required by this Section for those persons. | 15 | | (f) Registration in the U.S. Fish and Wildlife Migratory | 16 | | Bird Harvest
Information Program shall be required for those | 17 | | persons who are required to
have a hunting license before | 18 | | taking
or attempting to take any bird of the species defined as | 19 | | migratory game birds
by Section 2.2, except that this | 20 | | subsection shall not apply to crows in this
State
or | 21 | | hand-reared birds on licensed game breeding and hunting | 22 | | preserve areas, for
which an open season is established by this | 23 | | Act. Persons registering with the
Program must carry proof of | 24 | | registration with them while migratory bird
hunting. | 25 | | The Department shall publish suitable prescribed | 26 | | regulations pertaining to
registration by the migratory bird |
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| 1 | | hunter in the U.S. Fish and Wildlife Service
Migratory Bird | 2 | | Harvest Information Program. | 3 | | (Source: P.A. 96-1226, eff. 1-1-11.) | 4 | | Section 45. The Illinois Vehicle Code is amended by | 5 | | changing Section 3-616 as follows:
| 6 | | (625 ILCS 5/3-616) (from Ch. 95 1/2, par. 3-616)
| 7 | | Sec. 3-616. Disability license plates.
| 8 | | (a) Upon receiving an application for a certificate of | 9 | | registration for
a motor vehicle of the first division or for a | 10 | | motor vehicle of the second
division weighing no more than | 11 | | 8,000 pounds, accompanied with payment of the
registration fees | 12 | | required under this Code from a person with disabilities or
a | 13 | | person who is deaf or hard of hearing, the Secretary of State,
| 14 | | if so requested, shall issue to such person registration plates | 15 | | as provided for
in Section 3-611, provided that the person with | 16 | | disabilities or person who is
deaf or hard of hearing must not | 17 | | be disqualified from obtaining a driver's
license under | 18 | | subsection 8 of Section 6-103 of this Code, and further | 19 | | provided
that any person making such a request must submit a | 20 | | statement, certified by
a
licensed physician, by a physician | 21 | | assistant who has been delegated the
authority to make this | 22 | | certification by his or her supervising physician, or by
an | 23 | | advanced practice nurse who has a written collaborative | 24 | | agreement with a
collaborating physician that authorizes the |
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| 1 | | advanced practice nurse to make
this certification, to
the | 2 | | effect that such person is a person with disabilities
as | 3 | | defined by Section 1-159.1 of this Code, or alternatively | 4 | | provide adequate
documentation that such person has a Class 1A, | 5 | | Class 2A or Type Four
disability under the provisions of | 6 | | Section 4A of the Illinois Identification
Card Act. For | 7 | | purposes of this Section, an Illinois Disabled Person
with a | 8 | | Disability Identification Card issued pursuant to the Illinois | 9 | | Identification Card Act
indicating that the person thereon | 10 | | named has a disability shall be adequate
documentation of such | 11 | | a disability.
| 12 | | (b) The Secretary shall issue plates under this Section to | 13 | | a parent or
legal guardian of a person with disabilities if the | 14 | | person with disabilities
has a Class 1A or Class 2A disability | 15 | | as defined in Section 4A of the Illinois
Identification Card | 16 | | Act or is a person with disabilities as defined by Section
| 17 | | 1-159.1 of this Code, and does not possess a vehicle registered | 18 | | in his or her
name, provided that the person with disabilities | 19 | | relies frequently on the
parent or legal guardian for | 20 | | transportation. Only one vehicle per family
may be registered | 21 | | under this subsection, unless the applicant can justify in
| 22 | | writing the need for one additional set of plates. Any person | 23 | | requesting
special plates under this subsection shall submit | 24 | | such documentation or such
physician's, physician assistant's, | 25 | | or advanced practice nurse's
statement as is required in | 26 | | subsection
(a) and a statement
describing the circumstances |
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| 1 | | qualifying for issuance of special plates under
this | 2 | | subsection. An optometrist may certify a Class 2A Visual | 3 | | Disability, as defined in Section 4A of the Illinois | 4 | | Identification Card Act, for the purpose of qualifying a person | 5 | | with disabilities for special plates under this subsection.
| 6 | | (c) The Secretary may issue a
parking decal or
device to a | 7 | | person with disabilities as defined by Section 1-159.1 without
| 8 | | regard to qualification of such person with disabilities for a | 9 | | driver's license
or registration of a vehicle by such person | 10 | | with disabilities or such person's
immediate family, provided | 11 | | such person with disabilities making such a request
has been | 12 | | issued an Illinois a Disabled Person with a Disability | 13 | | Identification Card indicating that the
person named thereon | 14 | | has a Class 1A or Class 2A disability, or alternatively,
| 15 | | submits a statement certified by a licensed physician, or by a | 16 | | physician
assistant or an advanced practice nurse as provided | 17 | | in subsection (a), to
the effect that such
person is a person | 18 | | with disabilities as defined by Section 1-159.1. An optometrist | 19 | | may certify a Class 2A Visual Disability as defined in Section | 20 | | 4A of the Illinois Identification Card Act for the purpose of | 21 | | qualifying a person with disabilities for a parking decal or | 22 | | device under this subsection.
| 23 | | (d) The Secretary shall prescribe by rules and regulations | 24 | | procedures
to certify or re-certify as necessary the | 25 | | eligibility of persons whose
disabilities are other than | 26 | | permanent for special plates or
parking decals or devices |
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| 1 | | issued under subsections (a), (b)
and (c). Except as provided | 2 | | under subsection (f) of this Section, no
such special plates, | 3 | | decals or devices shall be issued by the Secretary of
State to | 4 | | or on behalf of any person with disabilities unless such person | 5 | | is
certified as meeting the definition of a person with | 6 | | disabilities pursuant to
Section 1-159.1 or meeting the | 7 | | requirement of a Type Four disability as
provided under Section | 8 | | 4A of the Illinois Identification Card Act for the
period of | 9 | | time that the physician, or the physician assistant or advanced
| 10 | | practice nurse as provided in
subsection (a), determines the | 11 | | applicant will have the
disability, but not to exceed 6 months | 12 | | from the date of certification or
recertification.
| 13 | | (e) Any person requesting special plates under this Section | 14 | | may also apply
to have the special plates personalized, as | 15 | | provided under Section 3-405.1.
| 16 | | (f) The Secretary of State, upon application, shall issue | 17 | | disability registration plates or a parking decal to
| 18 | | corporations, school districts, State or municipal agencies, | 19 | | limited liability
companies, nursing homes, convalescent | 20 | | homes, or special education cooperatives
which will transport | 21 | | persons with disabilities. The Secretary shall prescribe
by | 22 | | rule a means to certify or re-certify the eligibility of | 23 | | organizations to
receive disability plates or decals and to | 24 | | designate which of the
2 person with disabilities emblems shall | 25 | | be placed on qualifying
vehicles.
| 26 | | (g) The Secretary of State, or his designee, may enter into
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| 1 | | 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, and | 7 | | 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 state, | 15 | | district, territory or foreign country.
| 16 | | (Source: P.A. 94-619, eff. 1-1-06; 95-762, eff. 1-1-09.)
| 17 | | Section 50. The Jury Act is amended by changing Sections 1, | 18 | | 1a, and 1b as follows:
| 19 | | (705 ILCS 305/1) (from Ch. 78, par. 1)
| 20 | | Sec. 1.
The county board of each county, except those | 21 | | counties which
have a jury administrator or
jury commissioners
| 22 | | as provided in the Jury Commission Act, shall, at or before the | 23 | | time of its
meeting, in
September, in each year, or at any time | 24 | | thereafter, when necessary for
the purpose of this Act, make a |
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| 1 | | list of the legal voters and the
Illinois driver's license, | 2 | | Illinois Identification Card, and Illinois
Disabled Person | 3 | | with a Disability Identification Card holders, and the | 4 | | claimants for unemployment insurance of the county, giving the | 5 | | place
of
residence of each name on the list, to be known as a | 6 | | jury list. The list
shall be made by choosing every tenth name, | 7 | | or other whole number rate
necessary to obtain the number | 8 | | required, from the latest voter registration
and drivers | 9 | | license, Illinois Identification Card, and Illinois Disabled
| 10 | | Person with a Disability Identification Card holders and | 11 | | claimants for unemployment insurance lists of the county. In | 12 | | compiling the jury
list, duplication of names shall be avoided | 13 | | to the extent practicable.
| 14 | | As used in this Act, "jury administrator" is defined as | 15 | | under Section 0.05
of the Jury Commission Act.
| 16 | | (Source: P.A. 97-34, eff. 1-1-12.)
| 17 | | (705 ILCS 305/1a) (from Ch. 78, par. 1a)
| 18 | | Sec. 1a.
Driver's license, Illinois Identification Card, | 19 | | and Illinois
Disabled Person with a Disability Identification | 20 | | Card lists. Driver's license, Illinois
Identification Card, | 21 | | and Illinois Disabled Person with a Disability Identification | 22 | | Card
holder's lists used
for the preparation of jury lists, as | 23 | | provided in Section 1 of this Act,
shall be furnished to either | 24 | | the Administrative Office of the Illinois
Courts, or the county | 25 | | board of each county, except those counties
which have jury |
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| 1 | | commissioners as provided in the Jury Commission Act, by the | 2 | | Secretary of State from records
in his office. The lists shall | 3 | | contain a list of the persons in
that county
holding valid | 4 | | driver's licenses, Illinois Identification Cards, or Illinois
| 5 | | Disabled Person with a Disability Identification Cards who are | 6 | | 18 years of age or older and
shall
be arranged alphabetically, | 7 | | by county, and shall contain the name, age , and
address of each | 8 | | driver's license, Illinois Identification Card, or Illinois
| 9 | | Disabled Person with a Disability Identification Card holder on | 10 | | the list, and the date of
issuance of each license.
| 11 | | (Source: P.A. 88-27.)
| 12 | | (705 ILCS 305/1b) (from Ch. 78, par. 1b)
| 13 | | Sec. 1b.
The combination of the lists of registered voters, | 14 | | driver's
license, Illinois Identification Card, or Illinois | 15 | | Disabled Person
with a Disability Identification Card holders, | 16 | | and claimants for unemployment insurance and the preparation of | 17 | | jury lists under this Act
shall,
when requested by the Chief | 18 | | Judge or his designee, be accomplished through
the services of | 19 | | the Administrative Office of the Illinois Courts.
| 20 | | (Source: P.A. 97-34, eff. 1-1-12.)
| 21 | | Section 55. The Jury Commission Act is amended by changing | 22 | | Sections 2 and 2a as follows:
| 23 | | (705 ILCS 310/2) (from Ch. 78, par. 25)
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| 1 | | Sec. 2.
In a county
with a population of at least 3,000,000 | 2 | | in which a jury administrator
or jury commissioners have been | 3 | | appointed, the
jury administrator or commissioners, upon
| 4 | | entering upon the duties of their office, and every 4 years | 5 | | thereafter,
shall prepare a list of all legal voters and all
| 6 | | Illinois driver's license, Illinois Identification Card, and | 7 | | Illinois
Disabled Person with a Disability Identification Card | 8 | | holders, and claimants for unemployment insurance of each town | 9 | | or precinct of the
county possessing the necessary legal | 10 | | qualifications for jury duty, to be
known as the jury list. In | 11 | | a county with a population of less than
3,000,000 in which
a | 12 | | jury administrator or
jury commissioners have been appointed, | 13 | | the
jury administrator or
jury
commissioners upon entering upon | 14 | | the duties of their office, and each year
thereafter, shall | 15 | | prepare a list of all Illinois driver's license, Illinois
| 16 | | Identification Card, and Illinois Disabled Person with a | 17 | | Disability Identification Card holders, all claimants for | 18 | | unemployment insurance,
and all registered voters of the county | 19 | | to be known as the jury list.
| 20 | | The jury list may be revised and amended annually in the | 21 | | discretion of
the commissioners or jury administrator.
Any
| 22 | | record kept by the jury commissioners or jury administrator
for | 23 | | over 4
years may be destroyed at their discretion. The name of | 24 | | each person on
the list shall be entered in a book or books to | 25 | | be kept for that
purpose, and opposite the name shall be | 26 | | entered his or her age and
place of residence, giving street |
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| 1 | | and number, if any.
| 2 | | The Director of the Department of Employment Security shall | 3 | | annually compile a list of persons who, in the prior 12 months, | 4 | | filed a claim for unemployment insurance which shall be sent to | 5 | | the Administrative Office of the Illinois Courts and the | 6 | | Administrative Office of the Illinois Courts shall furnish that | 7 | | list to the jury administrator or jury commissioners, as | 8 | | provided in Section 1a-1 of the Jury Act. The list shall be in | 9 | | the format currently prescribed by the Administrative Office of | 10 | | the Illinois Courts and shall be provided subject to federal | 11 | | regulations. The
jury administrator,
jury commissioners, or | 12 | | the Administrative Office of the Illinois
Courts shall receive | 13 | | an up-to-date list of Illinois driver's
license, Illinois | 14 | | Identification Card, and Illinois Disabled Person
with a | 15 | | Disability Identification Card holders from the Secretary of | 16 | | State as provided in
Section 1a of the Jury Act. In compiling | 17 | | the jury list,
duplication of names shall be avoided to the | 18 | | extent practicable.
| 19 | | Whenever the name of a registered voter or an Illinois | 20 | | driver's license,
Illinois Identification Card, or Illinois | 21 | | Disabled Person
with a Disability Identification Card holder, | 22 | | or a claimant for unemployment insurance appearing upon this | 23 | | jury list is transferred to
the active jury list in the manner | 24 | | prescribed by Section 8 of this Act, the
following additional
| 25 | | information shall be recorded after the name of the voter: the | 26 | | age
of the voter, his or her occupation, if any, whether or not |
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| 1 | | he or she is a
resident residing with his or her family and | 2 | | whether or not he or she is an
owner or life tenant of real | 3 | | estate in the county.
| 4 | | (Source: P.A. 97-34, eff. 1-1-12.)
| 5 | | (705 ILCS 310/2a) (from Ch. 78, par. 25a)
| 6 | | Sec. 2a.
The combination of the lists of registered voters,
| 7 | | driver's license, Illinois Identification Card, and Illinois | 8 | | Disabled Person
with a Disability Identification Card holders, | 9 | | and claimants for unemployment insurance and the preparation of | 10 | | jury lists under this Act
shall, when requested by the Chief | 11 | | Judge or his designee, be accomplished
through the services of | 12 | | the Administrative Office of the Illinois Courts.
| 13 | | (Source: P.A. 97-34, eff. 1-1-12.)
| 14 | | Section 99. Effective date. This Act takes effect January | 15 | | 1, 2013.
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| 1 | |
INDEX
| 2 | |
Statutes amended in order of appearance
| | 3 | | 10 ILCS 5/17-14 | from Ch. 46, par. 17-14 | | 4 | | 10 ILCS 5/19-12.1 | from Ch. 46, par. 19-12.1 | | 5 | | 15 ILCS 335/2 | from Ch. 124, par. 22 | | 6 | | 15 ILCS 335/4 | from Ch. 124, par. 24 | | 7 | | 15 ILCS 335/4A | from Ch. 124, par. 24A | | 8 | | 15 ILCS 335/5 | from Ch. 124, par. 25 | | 9 | | 15 ILCS 335/6A | from Ch. 124, par. 26A | | 10 | | 15 ILCS 335/7 | from Ch. 124, par. 27 | | 11 | | 15 ILCS 335/8 | from Ch. 124, par. 28 | | 12 | | 15 ILCS 335/9 | from Ch. 124, par. 29 | | 13 | | 15 ILCS 335/11 | from Ch. 124, par. 31 | | 14 | | 15 ILCS 335/12 | from Ch. 124, par. 32 | | 15 | | 15 ILCS 335/12A | from Ch. 124, par. 32A | | 16 | | 15 ILCS 335/13 | from Ch. 124, par. 33 | | 17 | | 15 ILCS 335/14 | from Ch. 124, par. 34 | | 18 | | 15 ILCS 335/14C | from Ch. 124, par. 34C | | 19 | | 15 ILCS 335/15 | from Ch. 124, par. 35 | | 20 | | 15 ILCS 335/15A | from Ch. 124, par. 35A | | 21 | | 35 ILCS 200/15-168 | | | 22 | | 35 ILCS 515/7 | from Ch. 120, par. 1207 | | 23 | | 305 ILCS 5/3-1 | from Ch. 23, par. 3-1 | | 24 | | 320 ILCS 25/3.14 | from Ch. 67 1/2, par. 403.14 | | 25 | | 515 ILCS 5/20-5 | from Ch. 56, par. 20-5 | |
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| 1 | | 520 ILCS 5/3.1 | from Ch. 61, par. 3.1 | | 2 | | 625 ILCS 5/3-616 | from Ch. 95 1/2, par. 3-616 | | 3 | | 705 ILCS 305/1 | from Ch. 78, par. 1 | | 4 | | 705 ILCS 305/1a | from Ch. 78, par. 1a | | 5 | | 705 ILCS 305/1b | from Ch. 78, par. 1b | | 6 | | 705 ILCS 310/2 | from Ch. 78, par. 25 | | 7 | | 705 ILCS 310/2a | from Ch. 78, par. 25a |
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