Full Text of SB3687 97th General Assembly
SB3687 97TH GENERAL ASSEMBLY |
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 SB3687 Introduced 2/10/2012, by Sen. Christine J. Johnson SYNOPSIS AS INTRODUCED: |
| 15 ILCS 335/1A | | 15 ILCS 335/4 | from Ch. 124, par. 24 | 15 ILCS 335/5 | from Ch. 124, par. 25 | 625 ILCS 5/6-106 | from Ch. 95 1/2, par. 6-106 | 625 ILCS 5/6-110 | from Ch. 95 1/2, par. 6-110 | 720 ILCS 630/0.01 | from Ch. 38, par. 65 | 720 ILCS 630/1 | from Ch. 38, par. 65-1 | 740 ILCS 13/5 | | 775 ILCS 30/3 | from Ch. 23, par. 3363 |
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Amends the Illinois Identification Card Act. Provides that, beginning January 1, 2013, the Secretary of State shall provide a space on each original or renewal identification card where, at the request of the applicant, a designation may be placed to indicate that the applicant owns or is training a service dog. Amends the Illinois Vehicle Code. Provides that, beginning January 1, 2013, the Secretary of State shall provide a space on each original or renewal driver's license where, at the request of the applicant, a designation may be placed to indicate that the applicant owns or is training a service dog. Amends the Guide Dog Access Act. Changes the short title of the Act to the Service Dog Access Act. Defines "service dog". Makes conforming changes to the Assistance Animal Damages Act and White Cane Law. Effective immediately.
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| | | FISCAL NOTE ACT MAY APPLY | |
| | A BILL FOR |
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| 1 | | AN ACT concerning service dogs.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Identification Card Act is amended | 5 | | by changing Sections 1A, 4, and 5 as follows: | 6 | | (15 ILCS 335/1A) | 7 | | Sec. 1A. Definitions. As used in this Act: | 8 | | "Highly restricted personal information" means an | 9 | | individual's photograph, signature, social security number, | 10 | | and medical or disability information. | 11 | | "Identification card making implement" means any material, | 12 | | hardware, or software that is specifically designed for or | 13 | | primarily used in the manufacture, assembly, issuance, or | 14 | | authentication of an official identification card issued by the | 15 | | Secretary of State. | 16 | | "Fraudulent identification card" means any identification | 17 | | card
that purports to be an official identification card for | 18 | | which a computerized
number and file have not been created by | 19 | | the Secretary of State, the United
States Government or any | 20 | | state or political subdivision thereof, or any
governmental or | 21 | | quasi-governmental organization. For the purpose of this
Act, | 22 | | any identification card that resembles an official | 23 | | identification
card in either size, color, photograph |
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| 1 | | location, or design or uses the word
"official", "state", | 2 | | "Illinois", or the name of any other state or
political | 3 | | subdivision thereof, or any governmental or quasi-governmental
| 4 | | organization individually or in any combination
thereof to | 5 | | describe or modify the term "identification card" or "I.D. | 6 | | card"
anywhere on the card, or uses a shape in the likeness of | 7 | | Illinois
or any other state on the photograph side of
the card, | 8 | | is deemed to be a fraudulent identification card unless the | 9 | | words
"This is not an official Identification Card", appear | 10 | | prominently upon it in
black colored lettering in 12 point type | 11 | | on the photograph side of the card,
and no such card shall be | 12 | | smaller in size than 3 inches by 4 inches, and the
photograph | 13 | | shall be on the left side of the card only. | 14 | | "Legal name" means the full given name and surname of an | 15 | | individual as recorded at birth, recorded at marriage, or | 16 | | deemed as the correct legal name for use in reporting income by | 17 | | the Social Security Administration or the name as otherwise | 18 | | established through legal action that appears on the associated | 19 | | official document presented to the Secretary of State. | 20 | | "Personally identifying information" means information | 21 | | that identifies an individual, including his or her | 22 | | identification card number, name, address (but not the 5-digit | 23 | | zip code), and telephone number.
| 24 | | "Homeless person" or "homeless individual" has the same | 25 | | meaning as defined by the federal McKinney-Vento Homeless | 26 | | Assistance Act, 42 U.S.C. 11302, or 42 U.S.C. 11434a(2). |
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| 1 | | "Service dog" has the meaning ascribed to it in Section 1 | 2 | | of the Service Dog Access Act. | 3 | | (Source: P.A. 96-183, eff. 7-1-10 .)
| 4 | | (15 ILCS 335/4) (from Ch. 124, par. 24)
| 5 | | Sec. 4. Identification Card.
| 6 | | (a) The Secretary of State shall issue a
standard Illinois | 7 | | Identification Card to any natural person who is a resident
of | 8 | | the State of Illinois who applies for such card, or renewal | 9 | | thereof,
or who applies for a standard Illinois Identification | 10 | | Card upon release as a
committed person on parole, mandatory | 11 | | supervised release, final discharge, or
pardon from the | 12 | | Department of Corrections by submitting an identification card
| 13 | | issued by the Department of Corrections under Section 3-14-1 of | 14 | | the Unified
Code of Corrections,
together with the prescribed | 15 | | fees. No identification card shall be issued to any person who | 16 | | holds a valid
foreign state
identification card, license, or | 17 | | permit unless the person first surrenders to
the Secretary of
| 18 | | State the valid foreign state identification card, license, or | 19 | | permit. The card shall be prepared and
supplied by the | 20 | | Secretary of State and shall include a photograph and signature | 21 | | or mark of the
applicant. However, the Secretary of State may | 22 | | provide by rule for the issuance of Illinois Identification | 23 | | Cards without photographs if the applicant has a bona fide | 24 | | religious objection to being photographed or to the display of | 25 | | his or her photograph. The Illinois Identification Card may be |
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| 1 | | used for
identification purposes in any lawful situation only | 2 | | by the person to
whom it was issued.
As used in this Act, | 3 | | "photograph" means any color photograph or digitally
produced | 4 | | and captured image of an applicant for an identification card. | 5 | | As
used in this Act, "signature" means the name of a person as | 6 | | written by that
person and captured in a manner acceptable to | 7 | | the Secretary of State. | 8 | | (a-5) If an applicant for an identification card has a | 9 | | current driver's license or instruction permit issued by the | 10 | | Secretary of State, the Secretary may require the applicant to | 11 | | utilize the same residence address and name on the | 12 | | identification card, driver's license, and instruction permit | 13 | | records maintained by the Secretary. The Secretary may | 14 | | promulgate rules to implement this provision.
| 15 | | (b) The Secretary of State shall issue a special Illinois
| 16 | | Identification Card, which shall be known as an Illinois | 17 | | Disabled Person
Identification Card, to any natural person who | 18 | | is a resident of the State
of Illinois, who is a disabled | 19 | | person as defined in Section 4A of this Act,
who applies for | 20 | | such card, or renewal thereof. No Disabled Person | 21 | | Identification Card shall be issued to any person who
holds a | 22 | | valid
foreign state identification card, license, or permit | 23 | | unless the person first
surrenders to the
Secretary of State | 24 | | the valid foreign state identification card, license, or
| 25 | | permit. The Secretary of State
shall charge no fee to issue | 26 | | such card. The card shall be prepared and
supplied by the |
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| 1 | | Secretary of State, and shall include a photograph and | 2 | | signature or mark of the
applicant, a designation indicating | 3 | | that the card is an Illinois Disabled
Person Identification | 4 | | Card, and shall include a comprehensible designation
of the | 5 | | type and classification of the applicant's disability as set | 6 | | out in
Section 4A of this Act. However, the Secretary of State | 7 | | may provide by rule for the issuance of Illinois Disabled | 8 | | Person Identification Cards without photographs if the | 9 | | applicant has a bona fide religious objection to being | 10 | | photographed or to the display of his or her photograph. If the | 11 | | applicant so requests, the card shall
include a description of | 12 | | the applicant's disability and any information
about the | 13 | | applicant's disability or medical history which the Secretary
| 14 | | determines would be helpful to the applicant in securing | 15 | | emergency medical
care. If a mark is used in lieu of a | 16 | | signature, such mark
shall be affixed to the card in the | 17 | | presence of two witnesses who attest to
the authenticity of the | 18 | | mark. The Illinois
Disabled Person Identification Card may be | 19 | | used for identification purposes
in any lawful situation by the | 20 | | person to whom it was issued.
| 21 | | The Illinois Disabled Person Identification Card may be | 22 | | used as adequate
documentation of disability in lieu of a | 23 | | physician's determination of
disability, a determination of | 24 | | disability from a physician assistant who has
been delegated | 25 | | the authority to make this determination by his or her
| 26 | | supervising physician, a determination of disability from an |
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| 1 | | advanced practice
nurse who has a written collaborative | 2 | | agreement with a collaborating physician
that
authorizes the | 3 | | advanced practice nurse to make this determination, or any
| 4 | | other documentation
of disability whenever
any
State law
| 5 | | requires that a disabled person provide such documentation of | 6 | | disability,
however an Illinois Disabled Person Identification | 7 | | Card shall not qualify
the cardholder to participate in any | 8 | | program or to receive any benefit
which is not available to all | 9 | | persons with like disabilities.
Notwithstanding any other | 10 | | provisions of law, an Illinois Disabled Person
Identification | 11 | | Card, or evidence that the Secretary of State has issued an
| 12 | | Illinois Disabled Person Identification Card, shall not be used | 13 | | by any
person other than the person named on such card to prove | 14 | | that the person
named on such card is a disabled person or for | 15 | | any other purpose unless the
card is used for the benefit of | 16 | | the person named on such card, and the
person named on such | 17 | | card consents to such use at the time the card is so used.
| 18 | | An optometrist's determination of a visual disability | 19 | | under Section 4A of this Act is acceptable as documentation for | 20 | | the purpose of issuing an Illinois Disabled Person | 21 | | Identification Card. | 22 | | When medical information is contained on an Illinois | 23 | | Disabled Person
Identification Card, the Office of the | 24 | | Secretary of State shall not be
liable for any actions taken | 25 | | based upon that medical information.
| 26 | | (c) Beginning January 1, 1986, the Secretary of State shall |
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| 1 | | provide
that each original or renewal Illinois Identification | 2 | | Card or Illinois
Disabled Person Identification Card issued to | 3 | | a person under the age of 21,
shall be of a distinct nature | 4 | | from those Illinois Identification Cards or
Illinois Disabled | 5 | | Person Identification Cards issued to individuals 21
years of | 6 | | age or older. The color designated for Illinois Identification
| 7 | | Cards or Illinois Disabled Person Identification Cards for | 8 | | persons under
the age of 21 shall be at the discretion of the | 9 | | Secretary of State.
| 10 | | (c-1) Beginning January 1, 2003, each original or renewal | 11 | | Illinois
Identification Card or Illinois Disabled Person | 12 | | Identification Card issued to
a person under the age of 21 | 13 | | shall display the date upon which the person
becomes 18 years | 14 | | of age and the date upon which the person becomes 21 years of
| 15 | | age.
| 16 | | (c-2) Beginning January 1, 2013, the Secretary of State | 17 | | shall provide a space on each original or renewal | 18 | | identification card where, at the request of the applicant, a | 19 | | designation may be placed to indicate that the applicant owns | 20 | | or is training a service dog. The designation shall be | 21 | | available to any applicant who presents the Secretary with | 22 | | credentials establishing that he or she owns or is training a | 23 | | service dog. | 24 | | (d) The Secretary of State may issue a Senior Citizen
| 25 | | discount card, to any natural person who is a resident of the | 26 | | State of
Illinois who is 60 years of age or older and who |
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| 1 | | applies for such a card or
renewal thereof. The Secretary of | 2 | | State shall charge no fee to issue such
card. The card shall be | 3 | | issued in every county and applications shall be
made available | 4 | | at, but not limited to, nutrition sites, senior citizen
centers | 5 | | and Area Agencies on Aging. The applicant, upon receipt of such
| 6 | | card and prior to its use for any purpose, shall have affixed | 7 | | thereon in
the space provided therefor his signature or mark.
| 8 | | (e) The Secretary of State, in his or her discretion, may | 9 | | designate on each Illinois
Identification Card or Illinois | 10 | | Disabled Person Identification Card a space where the card | 11 | | holder may place a sticker or decal, issued by the Secretary of | 12 | | State, of uniform size as the Secretary may specify, that shall | 13 | | indicate in appropriate language that the card holder has | 14 | | renewed his or her Illinois
Identification Card or Illinois | 15 | | Disabled Person Identification Card. | 16 | | (Source: P.A. 96-146, eff. 1-1-10; 96-328, eff. 8-11-09; | 17 | | 96-1231, eff. 7-23-10; 97-371, eff. 1-1-12.)
| 18 | | (15 ILCS 335/5) (from Ch. 124, par. 25)
| 19 | | Sec. 5. Applications. | 20 | | (a) Any natural person who is a resident of the
State of | 21 | | Illinois, may file an application for an identification card or | 22 | | for
the renewal thereof, in a manner prescribed by the | 23 | | Secretary. Each original application
shall be completed by the | 24 | | applicant in full and shall set forth the legal
name,
residence | 25 | | address and zip code, social security number, birth date, sex |
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| 1 | | and
a brief
description of the applicant. The applicant shall | 2 | | be photographed, unless the Secretary of State has provided by | 3 | | rule for the issuance of identification cards without | 4 | | photographs and the applicant is deemed eligible for an | 5 | | identification card without a photograph under the terms and | 6 | | conditions imposed by the Secretary of State, and he
or she | 7 | | shall also submit any other information as the Secretary may | 8 | | deem necessary
or such documentation as the Secretary may | 9 | | require to determine the
identity of the applicant. In addition | 10 | | to the residence address, the Secretary may allow the applicant | 11 | | to provide a mailing address. An applicant for a disabled | 12 | | persons card must
also submit with each original or renewal | 13 | | application, on forms prescribed
by the Secretary, such | 14 | | documentation as the Secretary may require,
establishing that | 15 | | the applicant is a "disabled person" as defined in
Section 4A | 16 | | of this Act, and setting forth the applicant's type and class | 17 | | of
disability as set forth in Section 4A of this Act.
| 18 | | (b) Beginning January 1, 2013, for each original or renewal | 19 | | identification card application under this Act, the Secretary | 20 | | shall also inquire as to whether the applicant owns or is | 21 | | training a service dog. | 22 | | (Source: P.A. 96-1231, eff. 7-23-10; 97-371, eff. 1-1-12.)
| 23 | | Section 10. The Illinois Vehicle Code is amended by | 24 | | changing Sections 6-106 and 6-110 as follows: |
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| 1 | | (625 ILCS 5/6-106) (from Ch. 95 1/2, par. 6-106)
| 2 | | Sec. 6-106. Application for license or instruction permit.
| 3 | | (a) Every application for any permit or license authorized | 4 | | to be issued
under this Act shall be made upon a form furnished | 5 | | by the Secretary of
State. Every application shall be | 6 | | accompanied by the proper fee and payment
of such fee shall | 7 | | entitle the applicant to not more than 3 attempts to pass
the | 8 | | examination within a period of 1 year after the date of | 9 | | application.
| 10 | | (b) Every application shall state the legal name, social | 11 | | security
number, zip
code, date of birth, sex, and residence | 12 | | address of the applicant; briefly
describe the applicant; state | 13 | | whether the applicant has theretofore been
licensed as a | 14 | | driver, and, if so, when and by what state or country, and
| 15 | | whether any such license has ever been cancelled, suspended, | 16 | | revoked or
refused, and, if so, the date and reason for such | 17 | | cancellation, suspension,
revocation or refusal; shall include | 18 | | an affirmation by the applicant that
all information set forth | 19 | | is true and correct; and shall bear the
applicant's signature. | 20 | | In addition to the residence address, the Secretary may allow | 21 | | the applicant to provide a mailing address. The application | 22 | | form may
also require the statement of such additional relevant | 23 | | information as the
Secretary of State shall deem necessary to | 24 | | determine the applicant's
competency and eligibility. The | 25 | | Secretary of State may, in his
discretion, by rule or | 26 | | regulation, provide that an application for a
drivers license |
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| 1 | | or permit may include a suitable photograph of the
applicant in | 2 | | the
form prescribed by the Secretary, and he may further | 3 | | provide that each
drivers license shall include a photograph of | 4 | | the driver. The Secretary of
State may utilize a photograph | 5 | | process or system most suitable to deter
alteration or improper | 6 | | reproduction of a drivers license and to prevent
substitution | 7 | | of another photo thereon.
| 8 | | (c) The application form shall include a notice to the | 9 | | applicant of the
registration obligations of sex offenders | 10 | | under the Sex Offender Registration
Act. The notice shall be | 11 | | provided in a form and manner prescribed by the
Secretary of | 12 | | State. For purposes of this subsection (c), "sex offender" has
| 13 | | the meaning ascribed to it in Section 2 of the Sex Offender | 14 | | Registration Act.
| 15 | | (d) Any male United States citizen or immigrant who applies | 16 | | for any
permit or
license authorized to be issued under this | 17 | | Act or for a renewal of any permit
or
license,
and who is at | 18 | | least 18 years of age but less than 26 years of age, must be
| 19 | | registered in compliance with the requirements of the federal | 20 | | Military
Selective
Service Act.
The Secretary of State must | 21 | | forward in an electronic format the necessary
personal | 22 | | information regarding the applicants identified in this | 23 | | subsection (d)
to
the Selective Service System. The applicant's | 24 | | signature on the application
serves
as an indication that the | 25 | | applicant either has already registered with the
Selective
| 26 | | Service System or that he is authorizing the Secretary to |
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| 1 | | forward to the
Selective
Service System the necessary | 2 | | information for registration. The Secretary must
notify the | 3 | | applicant at the time of application that his signature | 4 | | constitutes
consent to registration with the Selective Service | 5 | | System, if he is not already
registered.
| 6 | | (e) Beginning January 1, 2013, for each original or renewal | 7 | | driver's license application under this Act, the Secretary | 8 | | shall inquire as to whether the applicant owns or is training a | 9 | | service dog. For the purposes of this subsection (e), "service | 10 | | dog" has the meaning ascribed to it in Section 1 of the Service | 11 | | Dog Access Act. | 12 | | (Source: P.A. 96-1231, eff. 7-23-10; 97-263, eff. 8-5-11.)
| 13 | | (625 ILCS 5/6-110) (from Ch. 95 1/2, par. 6-110)
| 14 | | Sec. 6-110. Licenses issued to drivers.
| 15 | | (a) The Secretary of State shall issue to every qualifying | 16 | | applicant a
driver's license as applied for, which license | 17 | | shall bear a
distinguishing
number assigned to the licensee, | 18 | | the legal name,
signature, zip
code, date of birth, residence | 19 | | address, and a brief description of the
licensee.
| 20 | | Licenses issued shall also indicate the classification and
| 21 | | the restrictions under Section 6-104 of this Code.
| 22 | | A driver's license issued may, in the discretion of the | 23 | | Secretary,
include a suitable photograph of a type prescribed | 24 | | by the Secretary.
| 25 | | (a-1) If the licensee is less than 18 years of age, unless |
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| 1 | | one of the exceptions in subsection (a-2) apply, the license | 2 | | shall, as a matter of law, be invalid for the operation of any | 3 | | motor vehicle during the following times: | 4 | | (A) Between 11:00 p.m. Friday and 6:00 a.m. Saturday; | 5 | | (B) Between 11:00 p.m. Saturday and 6:00 a.m. on | 6 | | Sunday; and | 7 | | (C) Between 10:00 p.m. on Sunday to Thursday, | 8 | | inclusive, and 6:00 a.m. on the following day. | 9 | | (a-2) The driver's license of a person under the age of 18 | 10 | | shall not be invalid as described in subsection (a-1) of this | 11 | | Section if the licensee under the age of 18 was: | 12 | | (1) accompanied by the licensee's parent or guardian or | 13 | | other person in custody or control of the minor; | 14 | | (2) on an errand at the direction of the minor's parent | 15 | | or guardian, without any detour or stop; | 16 | | (3) in a motor vehicle involved in interstate travel; | 17 | | (4) going to or returning home from an employment | 18 | | activity, without any detour or stop; | 19 | | (5) involved in an emergency; | 20 | | (6) going to or returning home from, without any detour | 21 | | or stop, an official school, religious, or other | 22 | | recreational activity supervised by adults and sponsored | 23 | | by a government or governmental agency, a civic | 24 | | organization, or another similar entity that takes | 25 | | responsibility for the licensee, without any detour or | 26 | | stop; |
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| 1 | | (7) exercising First Amendment rights protected by the | 2 | | United States Constitution, such as the free exercise of | 3 | | religion, freedom of speech, and the right of assembly; or | 4 | | (8) married or had been married or is an emancipated | 5 | | minor under the Emancipation of Minors Act. | 6 | | (a-2.5) The driver's license of a person who is 17 years of | 7 | | age and has been licensed for at least 12 months is not invalid | 8 | | as described in subsection (a-1) of this Section while the | 9 | | licensee is participating as an assigned driver in a Safe Rides | 10 | | program that meets the following criteria: | 11 | | (1) the program is sponsored by the Boy Scouts of | 12 | | America or another national public service organization; | 13 | | and | 14 | | (2) the sponsoring organization carries liability | 15 | | insurance covering the program. | 16 | | (a-3) If a graduated driver's license holder over the age | 17 | | of 18 committed an offense against traffic regulations | 18 | | governing the movement of vehicles or any violation of Section | 19 | | 6-107 or Section 12-603.1 of this Code in the 6 months prior to | 20 | | the graduated driver's license holder's 18th birthday, and was | 21 | | subsequently convicted of the offense, the provisions of | 22 | | subsection (a-1) shall continue to apply until such time as a | 23 | | period of 6 consecutive months has elapsed without an | 24 | | additional violation and subsequent conviction of an offense | 25 | | against traffic regulations governing the movement of vehicles | 26 | | or Section 6-107 or Section 12-603.1 of this Code.
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| 1 | | (a-4) If an applicant for a driver's license or instruction | 2 | | permit has a current identification card issued by the | 3 | | Secretary of State, the Secretary may require the applicant to | 4 | | utilize the same residence address and name on the | 5 | | identification card, driver's license, and instruction permit | 6 | | records maintained by the Secretary. The Secretary may | 7 | | promulgate rules to implement this provision. | 8 | | (b) Until the Secretary of State establishes a First Person | 9 | | Consent organ and tissue donor registry under Section 6-117 of | 10 | | this Code, the Secretary of State shall provide a format on the | 11 | | reverse of
each driver's license issued which the licensee may | 12 | | use to execute a document
of gift conforming to the provisions | 13 | | of the Illinois Anatomical Gift Act.
The format shall allow the | 14 | | licensee to indicate the gift intended, whether
specific | 15 | | organs, any organ, or the entire body, and shall accommodate | 16 | | the
signatures of the donor and 2 witnesses. The Secretary | 17 | | shall also inform
each applicant or licensee of this format, | 18 | | describe the procedure for its
execution, and may offer the | 19 | | necessary witnesses; provided that in so doing,
the Secretary | 20 | | shall advise the applicant or licensee that he or she is
under | 21 | | no compulsion to execute a document of gift. A brochure
| 22 | | explaining this method of executing an anatomical gift document | 23 | | shall be given
to each applicant or licensee. The brochure | 24 | | shall advise the applicant or
licensee that he or she is under | 25 | | no compulsion to execute a document of
gift, and that he or she | 26 | | may wish to consult with family, friends or clergy
before doing |
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| 1 | | so. The Secretary of State may undertake additional efforts,
| 2 | | including education and awareness activities, to promote organ | 3 | | and tissue
donation.
| 4 | | (c) The Secretary of State shall designate on each driver's | 5 | | license issued
a space where the licensee may place a sticker | 6 | | or decal of the uniform
size as the Secretary may specify, | 7 | | which sticker or decal may indicate in
appropriate language | 8 | | that the owner of the license carries an Emergency
Medical | 9 | | Information Card.
| 10 | | The sticker may be provided by any person, hospital, | 11 | | school,
medical group, or association interested in assisting | 12 | | in implementing
the Emergency Medical Information Card, but | 13 | | shall meet the specifications
as the Secretary may by rule or | 14 | | regulation require.
| 15 | | (d) The Secretary of State shall designate on each driver's | 16 | | license issued
a space where the licensee may indicate his | 17 | | blood type and RH factor.
| 18 | | (e) The Secretary of State shall provide
that each original | 19 | | or renewal driver's license issued to a licensee under
21 years | 20 | | of age shall be of a distinct nature from those driver's | 21 | | licenses
issued to individuals 21 years of age and older. The | 22 | | color designated for
driver's licenses for licensees under 21 | 23 | | years of age shall be at the
discretion of the Secretary of | 24 | | State.
| 25 | | (e-1) The Secretary shall provide that each driver's | 26 | | license issued to a
person under the age of 21 displays the |
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| 1 | | date upon which the person becomes 18
years of age and the date | 2 | | upon which the person becomes 21 years of age.
| 3 | | (e-5) Beginning January 1, 2013, the Secretary of State | 4 | | shall provide a space on each original or renewal driver's | 5 | | license where, at the request of the applicant, a designation | 6 | | may be placed to indicate that the applicant owns or is | 7 | | training a service dog. The designation shall be available to | 8 | | any applicant who presents the Secretary with credentials | 9 | | establishing that he or she owns or is training a service dog. | 10 | | For the purposes of this subsection (e-5), "service dog" has | 11 | | the meaning ascribed to it in Section 1 of the Service Dog | 12 | | Access Act. | 13 | | (f) The Secretary of State shall inform all Illinois | 14 | | licensed
commercial motor vehicle operators of the | 15 | | requirements of the Uniform
Commercial Driver License Act, | 16 | | Article V of this Chapter, and shall make
provisions to insure | 17 | | that all drivers, seeking to obtain a commercial
driver's | 18 | | license, be afforded an opportunity prior to April 1, 1992, to
| 19 | | obtain the license. The Secretary is authorized to extend
| 20 | | driver's license expiration dates, and assign specific times, | 21 | | dates and
locations where these commercial driver's tests shall | 22 | | be conducted. Any
applicant, regardless of the current | 23 | | expiration date of the applicant's
driver's license, may be | 24 | | subject to any assignment by the Secretary.
Failure to comply | 25 | | with the Secretary's assignment may result in the
applicant's | 26 | | forfeiture of an opportunity to receive a commercial driver's
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| 1 | | license prior to April 1, 1992.
| 2 | | (g) The Secretary of State shall designate on a
driver's | 3 | | license issued, a space where the licensee may indicate that he | 4 | | or
she has drafted a living will in accordance with the | 5 | | Illinois Living Will
Act or a durable power of attorney for | 6 | | health care in accordance with the
Illinois Power of Attorney | 7 | | Act.
| 8 | | (g-1) The Secretary of State, in his or her discretion, may | 9 | | designate on
each driver's license issued a space where the | 10 | | licensee may place a sticker or
decal, issued by the Secretary | 11 | | of State, of uniform size as the Secretary may
specify, that | 12 | | shall indicate in appropriate language that the owner of the
| 13 | | license has renewed his or her driver's license.
| 14 | | (h) A person who acts in good faith in accordance with the | 15 | | terms of
this Section is not liable for damages in any civil | 16 | | action or subject to
prosecution in any criminal proceeding for | 17 | | his or her act.
| 18 | | (Source: P.A. 96-607, eff. 8-24-09; 96-1231, eff. 7-23-10; | 19 | | 97-263, eff. 8-5-11.)
| 20 | | Section 15. The Guide Dog Access Act is amended by changing | 21 | | Sections 0.01 and 1 as follows:
| 22 | | (720 ILCS 630/0.01) (from Ch. 38, par. 65)
| 23 | | Sec. 0.01. Short title. This Act may be cited as the
| 24 | | Service Guide Dog Access Act.
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| 1 | | (Source: P.A. 86-1324.)
| 2 | | (720 ILCS 630/1) (from Ch. 38, par. 65-1)
| 3 | | Sec. 1. Service dog access to public accommodations. | 4 | | (a) When an individual with a disability, including a | 5 | | physical, sensory, psychiatric, intellectual, or other mental | 6 | | disability, a blind, hearing impaired or physically | 7 | | handicapped
person or a person who is subject to epilepsy or | 8 | | other seizure disorders is
accompanied by a service dog dog | 9 | | which serves as a guide, leader, seizure-alert, or
| 10 | | seizure-response dog for such person or when a trainer of a | 11 | | service dog guide, leader,
seizure-alert, or seizure-response | 12 | | dog is accompanied by a service dog guide, leader,
| 13 | | seizure-alert, or seizure-response dog or a dog that is being | 14 | | trained to be a
service dog guide, leader, seizure-alert, or | 15 | | seizure-response dog , then neither the person nor
the dog shall | 16 | | be denied the right of entry and use of facilities of any | 17 | | public
place of accommodation as defined in Section 5-101 of | 18 | | the "Illinois Human
Rights Act", if such dog is wearing a | 19 | | harness and such person presents
credentials for inspection | 20 | | issued by a school for training service guide, leader,
| 21 | | seizure-alert, or seizure-response dogs.
| 22 | | (b) For the purposes of this Section, "service dog" means | 23 | | any dog that is individually trained to do work or perform | 24 | | tasks for the benefit of an individual with a disability, | 25 | | including a physical, sensory, psychiatric, intellectual, or |
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| 1 | | other mental disability. The work or tasks performed by a | 2 | | service animal must be directly related to the individual's | 3 | | disability. Examples of work or tasks include, but are not | 4 | | limited to, assisting individuals who are blind or have low | 5 | | vision with navigation and other tasks, alerting individuals | 6 | | who are deaf or hard of hearing to the presence of people or | 7 | | sounds, providing non-violent protection or rescue work, | 8 | | pulling a wheelchair, assisting an individual during a seizure, | 9 | | alerting individuals to the presence of allergens, retrieving | 10 | | items such as medicine or the telephone, providing physical | 11 | | support and assistance with balance and stability to | 12 | | individuals with mobility disabilities, calming a person with | 13 | | Post Traumatic Stress Disorder (PTSD) during an anxiety attack, | 14 | | and helping persons with psychiatric and neurological | 15 | | disabilities by preventing or interrupting impulsive or | 16 | | destructive behaviors. The crime deterrent effects of an | 17 | | animal's presence and the provision of emotional support, | 18 | | well-being, comfort, or companionship do not constitute work or | 19 | | tasks for the purposes of this definition. | 20 | | (c) Any violation of this Act is a Class C misdemeanor.
| 21 | | (Source: P.A. 92-187, eff. 1-1-02; 93-532, eff. 1-1-04.)
| 22 | | Section 20. The Assistance Animal Damages Act is amended by | 23 | | changing Section 5 as follows:
| 24 | | (740 ILCS 13/5)
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| 1 | | Sec. 5. Definitions. As used in this Act:
| 2 | | "Blind person" means a person who has vision of 20/200 or | 3 | | less
with the best correction or has a visual field of 20 | 4 | | degrees or less.
| 5 | | "Guide dog" means a dog that is trained to lead or guide a | 6 | | blind
person.
| 7 | | "Deaf person" means a person whose hearing disability | 8 | | precludes
successful processing of linguistic information | 9 | | through audition with
or without a hearing aid.
| 10 | | "Hearing ear dog" means a dog that is trained to assist a | 11 | | deaf person.
| 12 | | "Assistance animal" means any animal trained to assist a
| 13 | | physically impaired person in one or more daily life | 14 | | activities,
including but not limited to:
| 15 | | (1) service guide dogs;
| 16 | | (2) (blank) hearing ear dogs ;
| 17 | | (3) an animal trained to pull a wheelchair;
| 18 | | (4) an animal trained to fetch dropped items; and
| 19 | | (5) an animal trained to perform balance work.
| 20 | | "Daily life activity" includes but is not limited to:
| 21 | | (1) self-care;
| 22 | | (2) ambulation;
| 23 | | (3) communication;
| 24 | | (4) transportation; or
| 25 | | (5) employment.
| 26 | | "Physically impaired person" means any person who is |
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| 1 | | permanently
physically impaired, whose physical impairment | 2 | | limits one or more of
daily life activities and who has a | 3 | | record of impairment and is
regarded by health care | 4 | | practitioners as having such an impairment,
requiring the use | 5 | | of an assistance animal including but not limited to
blindness, | 6 | | deafness and complete or partial paralysis.
| 7 | | "Service dog" has the meaning ascribed to it in Section 1 of | 8 | | the Service Dog Access Act. | 9 | | (Source: P.A. 91-480, eff. 1-1-00.)
| 10 | | Section 25. The White Cane Law is amended by changing | 11 | | Section 3 as follows:
| 12 | | (775 ILCS 30/3) (from Ch. 23, par. 3363)
| 13 | | Sec. 3.
The blind, the visually handicapped, the hearing | 14 | | impaired, persons
who are subject to epilepsy or other seizure | 15 | | disorders,
and the otherwise physically disabled have the same | 16 | | right as the
able-bodied to the full and free use of the | 17 | | streets, highways, sidewalks,
walkways, public buildings, | 18 | | public facilities and other public places.
| 19 | | The blind, the visually handicapped, the hearing impaired, | 20 | | persons who are
subject to epilepsy or other seizure disorders, | 21 | | and the
otherwise physically disabled are entitled to full and | 22 | | equal
accommodations, advantages, facilities and privileges of | 23 | | all common
carriers, airplanes, motor vehicles, railroad | 24 | | trains, motor buses, street
cars, boats or any other public |
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| 1 | | conveyances or modes of transportation,
hotels, lodging | 2 | | places, places of public accommodation, amusement or resort
and | 3 | | other places to which the general public is invited, subject | 4 | | only to
the conditions and limitations established by law and | 5 | | applicable alike to
all persons.
| 6 | | Every totally or partially blind, hearing impaired, person | 7 | | who is subject
to epilepsy or other seizure disorders, or | 8 | | otherwise
physically disabled person or a trainer of service | 9 | | dogs support dogs, guide dogs,
seizure-alert dogs, | 10 | | seizure-response dogs, or
hearing dogs shall
have the right to | 11 | | be accompanied by a
service dog support dog or guide dog | 12 | | especially trained for the purpose, or a dog
that is being | 13 | | trained to be a service dog support dog, guide dog, | 14 | | seizure-alert dog,
seizure-response dog, or hearing dog , in any
| 15 | | of the
places listed in this Section without being required to | 16 | | pay an extra charge
for the service dog guide, support, | 17 | | seizure-alert, seizure-response, or hearing dog ;
provided that | 18 | | he shall be liable for
any damage done to the premises or | 19 | | facilities by such dog.
| 20 | | For the purposes of this Section, "service dog" has the | 21 | | meaning ascribed to it in Section 1 of the Service Dog Access | 22 | | Act. | 23 | | (Source: P.A. 92-187, eff. 1-1-02; 93-532, eff. 1-1-04.)
| 24 | | Section 99. Effective date. This Act takes effect upon | 25 | | becoming law.
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