Full Text of HB4200 96th General Assembly
HB4200 96TH GENERAL ASSEMBLY
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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 HB4200
Introduced 2/27/2009, by Rep. Michael P. McAuliffe SYNOPSIS AS INTRODUCED: |
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15 ILCS 335/4 |
from Ch. 124, par. 24 |
15 ILCS 335/5 |
from Ch. 124, par. 25 |
625 ILCS 5/6-106 |
from Ch. 95 1/2, par. 6-106 |
625 ILCS 5/6-110 |
from Ch. 95 1/2, par. 6-110 |
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Amends the Illinois Vehicle Code and Illinois Identification Card Act to provide that for every applicant who applies for an identification card (a State identification card or driver's license), the Secretary of State must inquire as to whether the applicant is a service member for purposes of issuing a distinct identification card. Provides that the Secretary of State shall determine by rule what forms of proof of a person's status as a service member are acceptable, and the design of the distinct identification card is in the Secretary of State's discretion. Defines "service member" to mean a member of the armed services or reserve forces of the United States or a member of the Illinois National Guard. Effective January 1, 2010.
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A BILL FOR
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HB4200 |
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LRB096 08768 AJT 18900 b |
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| AN ACT concerning identification cards.
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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 Sections 4 and 5 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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| (c-5) The Secretary of State shall provide
that each | 10 |
| original or renewal identification card issued to a person | 11 |
| identified as a service member pursuant to subsection (b) of | 12 |
| Section 5 of this Act be of a distinct nature from all other | 13 |
| identification cards. The design of the distinction shall be at | 14 |
| the discretion of the Secretary of State. | 15 |
| (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 | 17 |
| State of
Illinois who is 60 years of age or older and who | 18 |
| applies for such a card or
renewal thereof. The Secretary of | 19 |
| State shall charge no fee to issue such
card. The card shall be | 20 |
| issued in every county and applications shall be
made available | 21 |
| at, but not limited to, nutrition sites, senior citizen
centers | 22 |
| 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 | 24 |
| thereon in
the space provided therefor his signature or mark.
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| (e) The Secretary of State, in his or her discretion, may | 26 |
| designate on each Illinois
Identification Card or Illinois |
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| Disabled Person Identification Card a space where the card | 2 |
| holder may place a sticker or decal, issued by the Secretary of | 3 |
| State, of uniform size as the Secretary may specify, that shall | 4 |
| indicate in appropriate language that the card holder has | 5 |
| renewed his or her Illinois
Identification Card or Illinois | 6 |
| Disabled Person Identification Card. | 7 |
| (Source: P.A. 95-762, eff. 1-1-09; 95-779, eff. 1-1-09; revised | 8 |
| 9-5-08.)
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| (15 ILCS 335/5) (from Ch. 124, par. 25) | 10 |
| Sec. 5. Applications. | 11 |
| (a) Any natural person who is a resident of the
State of | 12 |
| Illinois, may file an application for an identification card or | 13 |
| for
the renewal thereof, in a manner prescribed by the | 14 |
| Secretary. Each original application
shall be completed by the | 15 |
| applicant in full and shall set forth the legal
name,
residence | 16 |
| address and zip code, social security number, birth date, sex | 17 |
| and
a brief
description of the applicant. The applicant shall | 18 |
| be photographed and he
shall also submit any other information | 19 |
| as the Secretary may deem necessary
or such documentation as | 20 |
| the Secretary may require to determine the
identity of the | 21 |
| applicant. An applicant for a disabled persons card must
also | 22 |
| submit with each original or renewal application, on forms | 23 |
| prescribed
by the Secretary, such documentation as the | 24 |
| Secretary may require,
establishing that the applicant is a | 25 |
| "disabled person" as defined in
Section 4A of this Act, and |
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| setting forth the applicant's type and class of
disability as | 2 |
| set forth in Section 4A of this Act.
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| (b) For each original or renewal identification card | 4 |
| application under this Act, the Secretary shall inquire as to | 5 |
| whether the applicant is a service member for purposes of | 6 |
| issuing a distinct identification card under subsection (c-5) | 7 |
| of Section 4 of this Act. The Secretary shall determine by rule | 8 |
| what forms of proof of a person's status as a service member | 9 |
| are acceptable. | 10 |
| For purposes of this subsection (b), "service member" means | 11 |
| a member of the armed services or reserve forces of the United | 12 |
| States or a member of the Illinois National Guard. | 13 |
| (Source: P.A. 93-895, eff. 1-1-05.)
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| Section 10. The Illinois Vehicle Code is amended by | 15 |
| changing Sections 6-106 and 6-110 as follows:
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| (625 ILCS 5/6-106) (from Ch. 95 1/2, par. 6-106)
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| Sec. 6-106. Application for license or instruction permit.
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| (a) Every application for any permit or license authorized | 19 |
| to be issued
under this Act shall be made upon a form furnished | 20 |
| by the Secretary of
State. Every application shall be | 21 |
| accompanied by the proper fee and payment
of such fee shall | 22 |
| entitle the applicant to not more than 3 attempts to pass
the | 23 |
| examination within a period of 1 year after the date of | 24 |
| application.
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| (b) Every application shall state the legal name, social | 2 |
| security
number, zip
code, date of birth, sex, and residence | 3 |
| address of the applicant; briefly
describe the applicant; state | 4 |
| whether the applicant has theretofore been
licensed as a | 5 |
| driver, and, if so, when and by what state or country, and
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| whether any such license has ever been cancelled, suspended, | 7 |
| revoked or
refused, and, if so, the date and reason for such | 8 |
| cancellation, suspension,
revocation or refusal; shall include | 9 |
| an affirmation by the applicant that
all information set forth | 10 |
| is true and correct; and shall bear the
applicant's signature. | 11 |
| The application form may
also require the statement of such | 12 |
| additional relevant information as the
Secretary of State shall | 13 |
| deem necessary to determine the applicant's
competency and | 14 |
| eligibility. The Secretary of State may in his discretion
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| substitute a federal tax number in lieu of a social security | 16 |
| number, or he
may instead assign an additional distinctive | 17 |
| number in lieu thereof, where
an applicant is prohibited by | 18 |
| bona fide religious convictions from applying
or is exempt from | 19 |
| applying for a social security number. The Secretary of
State | 20 |
| shall, however, determine which religious orders or sects have | 21 |
| such
bona fide religious convictions. The Secretary of State | 22 |
| may, in his
discretion, by rule or regulation, provide that an | 23 |
| application for a
drivers license or permit may include a | 24 |
| suitable photograph of the
applicant in the
form prescribed by | 25 |
| the Secretary, and he may further provide that each
drivers | 26 |
| license shall include a photograph of the driver. The Secretary |
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| of
State may utilize a photograph process or system most | 2 |
| suitable to deter
alteration or improper reproduction of a | 3 |
| drivers license and to prevent
substitution of another photo | 4 |
| thereon.
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| (c) The application form shall include a notice to the | 6 |
| applicant of the
registration obligations of sex offenders | 7 |
| under the Sex Offender Registration
Act. The notice shall be | 8 |
| provided in a form and manner prescribed by the
Secretary of | 9 |
| State. | 10 |
| For purposes of this subsection (c), "sex offender" has
the | 11 |
| meaning ascribed to it in Section 2 of the Sex Offender | 12 |
| Registration Act.
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| (d) Any male United States citizen or immigrant who applies | 14 |
| for any
permit or
license authorized to be issued under this | 15 |
| Act or for a renewal of any permit
or
license,
and who is at | 16 |
| least 18 years of age but less than 26 years of age, must be
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| registered in compliance with the requirements of the federal | 18 |
| Military
Selective
Service Act.
The Secretary of State must | 19 |
| forward in an electronic format the necessary
personal | 20 |
| information regarding the applicants identified in this | 21 |
| subsection (d)
to
the Selective Service System. The applicant's | 22 |
| signature on the application
serves
as an indication that the | 23 |
| applicant either has already registered with the
Selective
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| Service System or that he is authorizing the Secretary to | 25 |
| forward to the
Selective
Service System the necessary | 26 |
| information for registration. The Secretary must
notify the |
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| applicant at the time of application that his signature | 2 |
| constitutes
consent to registration with the Selective Service | 3 |
| System, if he is not already
registered.
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| (e) For each original or renewal driver's license | 5 |
| application under this Section, the Secretary of State shall | 6 |
| inquire as to whether the applicant is a service member for | 7 |
| purposes of issuing a distinct identification card under | 8 |
| subsection (e-5) of Section 6-110 of this Code. The Secretary | 9 |
| shall determine by rule what forms of proof of a person's | 10 |
| status as a service member are acceptable. | 11 |
| For purposes of this subsection (e), "service member" means | 12 |
| a member of the armed services or reserve forces of the United | 13 |
| States or a member of the Illinois National Guard. | 14 |
| (Source: P.A. 92-117, eff. 1-1-02; 93-895, eff. 1-1-05.)
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| (625 ILCS 5/6-110) (from Ch. 95 1/2, par. 6-110)
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| Sec. 6-110. Licenses issued to drivers.
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| (a) The Secretary of State shall issue to every qualifying | 18 |
| applicant a
driver's license as applied for, which license | 19 |
| shall bear a
distinguishing
number assigned to the licensee, | 20 |
| the legal name,
zip
code, date of birth, residence address, and | 21 |
| a brief description of the
licensee, and
a space where the | 22 |
| licensee may write his usual signature.
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| Licenses issued shall also indicate the classification and
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| the restrictions under Section 6-104 of this Code.
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| In lieu of the social security number, the Secretary may in |
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| his
discretion substitute a federal tax number or other | 2 |
| distinctive number.
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| A driver's license issued may, in the discretion of the | 4 |
| Secretary,
include a suitable photograph of a type prescribed | 5 |
| by the Secretary.
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| (a-1) If the licensee is less than 18 years of age, unless | 7 |
| one of the exceptions in subsection (a-2) apply, the license | 8 |
| shall, as a matter of law, be invalid for the operation of any | 9 |
| motor vehicle during the following times: | 10 |
| (A) Between 11:00 p.m. Friday and 6:00 a.m. Saturday; | 11 |
| (B) Between 11:00 p.m. Saturday and 6:00 a.m. on | 12 |
| Sunday; and | 13 |
| (C) Between 10:00 p.m. on Sunday to Thursday, | 14 |
| inclusive, and 6:00 a.m. on the following day. | 15 |
| (a-2) The driver's license of a person under the age of 18 | 16 |
| shall not be invalid as described in subsection (a-1) of this | 17 |
| Section if the licensee under the age of 18 was: | 18 |
| (1) accompanied by the licensee's parent or guardian or | 19 |
| other person in custody or control of the minor; | 20 |
| (2) on an errand at the direction of the minor's parent | 21 |
| or guardian, without any detour or stop; | 22 |
| (3) in a motor vehicle involved in interstate travel; | 23 |
| (4) going to or returning home from an employment | 24 |
| activity, without any detour or stop; | 25 |
| (5) involved in an emergency; | 26 |
| (6) going to or returning home from, without any detour |
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| or stop, an official school, religious, or other | 2 |
| recreational activity supervised by adults and sponsored | 3 |
| by a government or governmental agency, a civic | 4 |
| organization, or another similar entity that takes | 5 |
| responsibility for the licensee, without any detour or | 6 |
| stop; | 7 |
| (7) exercising First Amendment rights protected by the | 8 |
| United States Constitution, such as the free exercise of | 9 |
| religion, freedom of speech, and the right of assembly; or | 10 |
| (8) married or had been married or is an emancipated | 11 |
| minor under the Emancipation of Minors Act. | 12 |
| (a-2.5) The driver's license of a person who is 17 years of | 13 |
| age and has been licensed for at least 12 months is not invalid | 14 |
| as described in subsection (a-1) of this Section while the | 15 |
| licensee is participating as an assigned driver in a Safe Rides | 16 |
| program that meets the following criteria: | 17 |
| (1) the program is sponsored by the Boy Scouts of | 18 |
| America or another national public service organization; | 19 |
| and | 20 |
| (2) the sponsoring organization carries liability | 21 |
| insurance covering the program. | 22 |
| (a-3) If a graduated driver's license holder over the age | 23 |
| of 18 committed an offense against traffic regulations | 24 |
| governing the movement of vehicles or any violation of Section | 25 |
| 6-107 or Section 12-603.1 of this Code in the 6 months prior to | 26 |
| the graduated driver's license holder's 18th birthday, and was |
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| subsequently convicted of the offense, the provisions of | 2 |
| subsection (a-1) shall continue to apply until such time as a | 3 |
| period of 6 consecutive months has elapsed without an | 4 |
| additional violation and subsequent conviction of an offense | 5 |
| against traffic regulations governing the movement of vehicles | 6 |
| or Section 6-107 or Section 12-603.1 of this Code.
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| (b) Until the Secretary of State establishes a First Person | 8 |
| Consent organ and tissue donor registry under Section 6-117 of | 9 |
| this Code, the Secretary of State shall provide a format on the | 10 |
| reverse of
each driver's license issued which the licensee may | 11 |
| use to execute a document
of gift conforming to the provisions | 12 |
| of the Illinois Anatomical Gift Act.
The format shall allow the | 13 |
| licensee to indicate the gift intended, whether
specific | 14 |
| organs, any organ, or the entire body, and shall accommodate | 15 |
| the
signatures of the donor and 2 witnesses. The Secretary | 16 |
| shall also inform
each applicant or licensee of this format, | 17 |
| describe the procedure for its
execution, and may offer the | 18 |
| necessary witnesses; provided that in so doing,
the Secretary | 19 |
| shall advise the applicant or licensee that he or she is
under | 20 |
| no compulsion to execute a document of gift. A brochure
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| explaining this method of executing an anatomical gift document | 22 |
| shall be given
to each applicant or licensee. The brochure | 23 |
| shall advise the applicant or
licensee that he or she is under | 24 |
| no compulsion to execute a document of
gift, and that he or she | 25 |
| may wish to consult with family, friends or clergy
before doing | 26 |
| so. The Secretary of State may undertake additional efforts,
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| including education and awareness activities, to promote organ | 2 |
| and tissue
donation.
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| (c) The Secretary of State shall designate on each driver's | 4 |
| license issued
a space where the licensee may place a sticker | 5 |
| or decal of the uniform
size as the Secretary may specify, | 6 |
| which sticker or decal may indicate in
appropriate language | 7 |
| that the owner of the license carries an Emergency
Medical | 8 |
| Information Card.
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| The sticker may be provided by any person, hospital, | 10 |
| school,
medical group, or association interested in assisting | 11 |
| in implementing
the Emergency Medical Information Card, but | 12 |
| shall meet the specifications
as the Secretary may by rule or | 13 |
| regulation require.
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| (d) The Secretary of State shall designate on each driver's | 15 |
| license issued
a space where the licensee may indicate his | 16 |
| blood type and RH factor.
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| (e) The Secretary of State shall provide
that each original | 18 |
| or renewal driver's license issued to a licensee under
21 years | 19 |
| of age shall be of a distinct nature from those driver's | 20 |
| licenses
issued to individuals 21 years of age and older. The | 21 |
| color designated for
driver's licenses for licensees under 21 | 22 |
| years of age shall be at the
discretion of the Secretary of | 23 |
| State.
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| (e-1) The Secretary shall provide that each driver's | 25 |
| license issued to a
person under the age of 21 displays the | 26 |
| date upon which the person becomes 18
years of age and the date |
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| upon which the person becomes 21 years of age.
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| (e-5) The Secretary of State shall provide
that each | 3 |
| original or renewal driver's license issued to a person | 4 |
| identified as a service member pursuant to subsection (e) of | 5 |
| Section 6-106 of this Code be of a distinct nature from all | 6 |
| other driver's licenses. The design of the distinction shall be | 7 |
| at the discretion of the Secretary of State. | 8 |
| (f) The Secretary of State shall inform all Illinois | 9 |
| licensed
commercial motor vehicle operators of the | 10 |
| requirements of the Uniform
Commercial Driver License Act, | 11 |
| Article V of this Chapter, and shall make
provisions to insure | 12 |
| that all drivers, seeking to obtain a commercial
driver's | 13 |
| license, be afforded an opportunity prior to April 1, 1992, to
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| obtain the license. The Secretary is authorized to extend
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| driver's license expiration dates, and assign specific times, | 16 |
| dates and
locations where these commercial driver's tests shall | 17 |
| be conducted. Any
applicant, regardless of the current | 18 |
| expiration date of the applicant's
driver's license, may be | 19 |
| subject to any assignment by the Secretary.
Failure to comply | 20 |
| with the Secretary's assignment may result in the
applicant's | 21 |
| forfeiture of an opportunity to receive a commercial driver's
| 22 |
| license prior to April 1, 1992.
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| (g) The Secretary of State shall designate on a
driver's | 24 |
| license issued, a space where the licensee may indicate that he | 25 |
| or
she has drafted a living will in accordance with the | 26 |
| Illinois Living Will
Act or a durable power of attorney for |
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| health care in accordance with the
Illinois Power of Attorney | 2 |
| Act.
| 3 |
| (g-1) The Secretary of State, in his or her discretion, may | 4 |
| designate on
each driver's license issued a space where the | 5 |
| licensee may place a sticker or
decal, issued by the Secretary | 6 |
| of State, of uniform size as the Secretary may
specify, that | 7 |
| shall indicate in appropriate language that the owner of the
| 8 |
| license has renewed his or her driver's license.
| 9 |
| (h) A person who acts in good faith in accordance with the | 10 |
| terms of
this Section is not liable for damages in any civil | 11 |
| action or subject to
prosecution in any criminal proceeding for | 12 |
| his or her act.
| 13 |
| (Source: P.A. 94-75, eff. 1-1-06; 94-930, eff. 6-26-06; 95-310, | 14 |
| eff. 1-1-08; 95-747, eff. 7-22-08.)
| 15 |
| Section 99. Effective date. This Act takes effect January | 16 |
| 1, 2010.
|
|