Full Text of HB4531 97th General Assembly
HB4531enr 97TH GENERAL ASSEMBLY |
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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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