Full Text of SB2100 95th General Assembly
SB2100eng 95TH GENERAL ASSEMBLY
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| AN ACT concerning disabilities.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Illinois Identification Card Act is amended | 5 |
| by changing Section 4 as follows:
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| (15 ILCS 335/4) (from Ch. 124, par. 24)
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| Sec. 4. Identification Card.
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| (a) The Secretary of State shall issue a
standard Illinois | 9 |
| Identification Card to any natural person who is a resident
of | 10 |
| the State of Illinois who applies for such card, or renewal | 11 |
| thereof,
or who applies for a standard Illinois Identification | 12 |
| Card upon release as a
committed person on parole, mandatory | 13 |
| supervised release, final discharge, or
pardon from the | 14 |
| Department of Corrections by submitting an identification card
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| issued by the Department of Corrections under Section 3-14-1 of | 16 |
| the Unified
Code of Corrections,
together with the prescribed | 17 |
| fees. No identification card shall be issued to any person who | 18 |
| holds a valid
foreign state
identification card, license, or | 19 |
| permit unless the person first surrenders to
the Secretary of
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| State the valid foreign state identification card, license, or | 21 |
| permit. The card shall be prepared and
supplied by the | 22 |
| Secretary of State and shall include a photograph of the
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| applicant. The applicant, upon receipt of a card and prior to |
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| its use
for any purpose, shall affix his signature thereon in | 2 |
| the space provided
therefor. The Illinois Identification Card | 3 |
| may be used for
identification purposes in any lawful situation | 4 |
| only by the person to
whom it was issued.
As used in this Act, | 5 |
| "photograph" means any color photograph or digitally
produced | 6 |
| and captured image of an applicant for an identification card. | 7 |
| As
used in this Act, "signature" means the name of a person as | 8 |
| written by that
person and captured in a manner acceptable to | 9 |
| the Secretary of State.
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| (b) The Secretary of State shall issue a special Illinois
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| Identification Card, which shall be known as an Illinois | 12 |
| Disabled Person
Identification Card, to any natural person who | 13 |
| is a resident of the State
of Illinois, who is a disabled | 14 |
| person as defined in Section 4A of this Act,
who applies for | 15 |
| such card, or renewal thereof. No Disabled Person | 16 |
| Identification Card shall be issued to any person who
holds a | 17 |
| valid
foreign state identification card, license, or permit | 18 |
| unless the person first
surrenders to the
Secretary of State | 19 |
| the valid foreign state identification card, license, or
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| permit. The Secretary of State
shall charge no fee to issue | 21 |
| such card. The card shall be prepared and
supplied by the | 22 |
| Secretary of State, and shall include a photograph of the
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| applicant, a designation indicating that the card is an | 24 |
| Illinois Disabled
Person Identification Card, and shall | 25 |
| include a comprehensible designation
of the type and | 26 |
| classification of the applicant's disability as set out in
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| Section 4A of this Act. If the applicant so requests, the card | 2 |
| shall
include a description of the applicant's disability and | 3 |
| any information
about the applicant's disability or medical | 4 |
| history which the Secretary
determines would be helpful to the | 5 |
| applicant in securing emergency medical
care. The applicant, | 6 |
| upon receipt of such a card and prior to its use for
any | 7 |
| purpose, shall have affixed thereon in the space provided | 8 |
| therefor his
signature or mark. If a mark is used in lieu of a | 9 |
| signature, such mark
shall be affixed to the card in the | 10 |
| presence of two witnesses who attest to
the authenticity of the | 11 |
| mark. The Illinois
Disabled Person Identification Card may be | 12 |
| used for identification purposes
in any lawful situation by the | 13 |
| person to whom it was issued.
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| The Illinois Disabled Person Identification Card may be | 15 |
| used as adequate
documentation of disability in lieu of a | 16 |
| physician's determination of
disability, a determination of | 17 |
| disability from a physician assistant who has
been delegated | 18 |
| the authority to make this determination by his or her
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| supervising physician, a determination of disability from an | 20 |
| advanced practice
nurse who has a written collaborative | 21 |
| agreement with a collaborating physician
that
authorizes the | 22 |
| advanced practice nurse to make this determination, or any
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| other documentation
of disability whenever
any
State law
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| requires that a disabled person provide such documentation of | 25 |
| disability,
however an Illinois Disabled Person Identification | 26 |
| Card shall not qualify
the cardholder to participate in any |
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| program or to receive any benefit
which is not available to all | 2 |
| persons with like disabilities.
Notwithstanding any other | 3 |
| provisions of law, an Illinois Disabled Person
Identification | 4 |
| Card, or evidence that the Secretary of State has issued an
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| Illinois Disabled Person Identification Card, shall not be used | 6 |
| by any
person other than the person named on such card to prove | 7 |
| that the person
named on such card is a disabled person or for | 8 |
| any other purpose unless the
card is used for the benefit of | 9 |
| the person named on such card, and the
person named on such | 10 |
| card consents to such use at the time the card is so used.
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| An optometrist's determination of a visual disability | 12 |
| under Section 4A of this Act is acceptable as documentation for | 13 |
| the purpose of issuing an Illinois Disabled Person | 14 |
| Identification Card. | 15 |
| When medical information is contained on an Illinois | 16 |
| Disabled Person
Identification Card, the Office of the | 17 |
| Secretary of State shall not be
liable for any actions taken | 18 |
| based upon that medical information.
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| (c) Beginning January 1, 1986, the Secretary of State shall | 20 |
| provide
that each original or renewal Illinois Identification | 21 |
| Card or Illinois
Disabled Person Identification Card issued to | 22 |
| a person under the age of 21,
shall be of a distinct nature | 23 |
| from those Illinois Identification Cards or
Illinois Disabled | 24 |
| Person Identification Cards issued to individuals 21
years of | 25 |
| age or older. The color designated for Illinois Identification
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| Cards or Illinois Disabled Person Identification Cards for |
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| persons under
the age of 21 shall be at the discretion of the | 2 |
| Secretary of State.
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| (c-1) Beginning January 1, 2003, each original or renewal | 4 |
| Illinois
Identification Card or Illinois Disabled Person | 5 |
| Identification Card issued to
a person under the age of 21 | 6 |
| shall display the date upon which the person
becomes 18 years | 7 |
| of age and the date upon which the person becomes 21 years of
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| age.
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| (d) The Secretary of State may issue a Senior Citizen
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| discount card, to any natural person who is a resident of the | 11 |
| State of
Illinois who is 60 years of age or older and who | 12 |
| applies for such a card or
renewal thereof. The Secretary of | 13 |
| State shall charge no fee to issue such
card. The card shall be | 14 |
| issued in every county and applications shall be
made available | 15 |
| at, but not limited to, nutrition sites, senior citizen
centers | 16 |
| and Area Agencies on Aging. The applicant, upon receipt of such
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| card and prior to its use for any purpose, shall have affixed | 18 |
| thereon in
the space provided therefor his signature or mark.
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| (Source: P.A. 92-240, eff. 1-1-02; 92-689, eff. 1-1-03; 93-182, | 20 |
| eff. 7-11-03; 93-895, eff. 1-1-05.)
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| Section 10. The Illinois Vehicle Code is amended by | 22 |
| changing Section 3-616 as follows:
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| (625 ILCS 5/3-616) (from Ch. 95 1/2, par. 3-616)
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| Sec. 3-616. Disability license plates.
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| (a) Upon receiving an application for a certificate of | 2 |
| registration for
a motor vehicle of the first division or for a | 3 |
| motor vehicle of the second
division weighing no more than | 4 |
| 8,000 pounds, accompanied with payment of the
registration fees | 5 |
| required under this Code from a person with disabilities or
a | 6 |
| person who is deaf or hard of hearing, the Secretary of State,
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| if so requested, shall issue to such person registration plates | 8 |
| as provided for
in Section 3-611, provided that the person with | 9 |
| disabilities or person who is
deaf or hard of hearing must not | 10 |
| be disqualified from obtaining a driver's
license under | 11 |
| subsection 8 of Section 6-103 of this Code, and further | 12 |
| provided
that any person making such a request must submit a | 13 |
| statement, certified by
a
licensed physician, by a physician | 14 |
| assistant who has been delegated the
authority to make this | 15 |
| certification by his or her supervising physician, or by
an | 16 |
| advanced practice nurse who has a written collaborative | 17 |
| agreement with a
collaborating physician that authorizes the | 18 |
| advanced practice nurse to make
this certification, to
the | 19 |
| effect that such person is a person with disabilities
as | 20 |
| defined by Section 1-159.1 of this Code, or alternatively | 21 |
| provide adequate
documentation that such person has a Class 1A, | 22 |
| Class 2A or Type Four
disability under the provisions of | 23 |
| Section 4A of the Illinois Identification
Card Act. For | 24 |
| purposes of this Section, an Illinois Disabled Person
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| Identification Card issued pursuant to the Illinois | 26 |
| Identification Card Act
indicating that the person thereon |
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| named has a disability shall be adequate
documentation of such | 2 |
| a disability.
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| (b) The Secretary shall issue plates under this Section to | 4 |
| a parent or
legal guardian of a person with disabilities if the | 5 |
| person with disabilities
has a Class 1A or Class 2A disability | 6 |
| as defined in Section 4A of the Illinois
Identification Card | 7 |
| Act or is a person with disabilities as defined by Section
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| 1-159.1 of this Code, and does not possess a vehicle registered | 9 |
| in his or her
name, provided that the person with disabilities | 10 |
| relies frequently on the
parent or legal guardian for | 11 |
| transportation. Only one vehicle per family
may be registered | 12 |
| under this subsection, unless the applicant can justify in
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| writing the need for one additional set of plates. Any person | 14 |
| requesting
special plates under this subsection shall submit | 15 |
| such documentation or such
physician's, physician assistant's, | 16 |
| or advanced practice nurse's
statement as is required in | 17 |
| subsection
(a) and a statement
describing the circumstances | 18 |
| qualifying for issuance of special plates under
this | 19 |
| subsection. An optometrist may certify a Class 2A Visual | 20 |
| Disability, as defined in Section 4A of the Illinois | 21 |
| Identification Card Act, for the purpose of qualifying a person | 22 |
| with disabilities for special plates under this subsection.
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| (c) The Secretary may issue a
parking decal or
device to a | 24 |
| person with disabilities as defined by Section 1-159.1 without
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| regard to qualification of such person with disabilities for a | 26 |
| driver's license
or registration of a vehicle by such person |
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| with disabilities or such person's
immediate family, provided | 2 |
| such person with disabilities making such a request
has been | 3 |
| issued a Disabled Person Identification Card indicating that | 4 |
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person named thereon has a Class 1A or Class 2A disability, | 5 |
| or alternatively,
submits a statement certified by a licensed | 6 |
| physician, or by a physician
assistant or an advanced practice | 7 |
| nurse as provided in subsection (a), to
the effect that such
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| person is a person with disabilities as defined by Section | 9 |
| 1-159.1. An optometrist may certify a Class 2A Visual | 10 |
| Disability as defined in Section 4A of the Illinois | 11 |
| Identification Card Act for the purpose of qualifying a person | 12 |
| with disabilities for a parking decal or device under this | 13 |
| subsection.
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| (d) The Secretary shall prescribe by rules and regulations | 15 |
| procedures
to certify or re-certify as necessary the | 16 |
| eligibility of persons whose
disabilities are other than | 17 |
| permanent for special plates or
parking decals or devices | 18 |
| issued under subsections (a), (b)
and (c). Except as provided | 19 |
| under subsection (f) of this Section, no
such special plates, | 20 |
| decals or devices shall be issued by the Secretary of
State to | 21 |
| or on behalf of any person with disabilities unless such person | 22 |
| is
certified as meeting the definition of a person with | 23 |
| disabilities pursuant to
Section 1-159.1 or meeting the | 24 |
| requirement of a Type Four disability as
provided under Section | 25 |
| 4A of the Illinois Identification Card Act for the
period of | 26 |
| time that the physician, or the physician assistant or advanced
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| practice nurse as provided in
subsection (a), determines the | 2 |
| applicant will have the
disability, but not to exceed 6 months | 3 |
| from the date of certification or
recertification.
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| (e) Any person requesting special plates under this Section | 5 |
| may also apply
to have the special plates personalized, as | 6 |
| provided under Section 3-405.1.
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| (f) The Secretary of State, upon application, shall issue | 8 |
| disability registration plates or a parking decal to
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| corporations, school districts, State or municipal agencies, | 10 |
| limited liability
companies, nursing homes, convalescent | 11 |
| homes, or special education cooperatives
which will transport | 12 |
| persons with disabilities. The Secretary shall prescribe
by | 13 |
| rule a means to certify or re-certify the eligibility of | 14 |
| organizations to
receive disability plates or decals and to | 15 |
| designate which of the
2 person with disabilities emblems shall | 16 |
| be placed on qualifying
vehicles.
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| (g) The Secretary of State, or his designee, may enter into
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| agreements with other jurisdictions, including foreign | 19 |
| jurisdictions, on
behalf of this State relating to the | 20 |
| extension of parking privileges by
such jurisdictions to | 21 |
| permanently disabled residents of this State who
display a | 22 |
| special license plate or parking device that contains the
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| International symbol of access on his or her motor vehicle, and | 24 |
| to
recognize such plates or devices issued by such other | 25 |
| jurisdictions. This
State shall grant the same parking | 26 |
| privileges which are granted to disabled
residents of this |
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| State to any non-resident whose motor vehicle is licensed
in | 2 |
| another state, district, territory or foreign country if such | 3 |
| vehicle
displays the international symbol of access or a | 4 |
| distinguishing insignia on
license plates or parking device | 5 |
| issued in accordance with the laws of the
non-resident's state, | 6 |
| district, territory or foreign country.
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| (Source: P.A. 93-182, eff. 7-11-03; 94-619, eff. 1-1-06.)
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