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Public Act 095-0762
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| HB5655 Enrolled |
LRB095 19166 RCE 45401 b |
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AN ACT concerning disabilities.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Illinois Identification Card Act is amended |
by changing Section 4 as follows:
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(15 ILCS 335/4) (from Ch. 124, par. 24)
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Sec. 4. Identification Card.
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(a) The Secretary of State shall issue a
standard Illinois |
Identification Card to any natural person who is a resident
of |
the State of Illinois who applies for such card, or renewal |
thereof,
or who applies for a standard Illinois Identification |
Card upon release as a
committed person on parole, mandatory |
supervised release, final discharge, or
pardon from the |
Department of Corrections by submitting an identification card
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issued by the Department of Corrections under Section 3-14-1 of |
the Unified
Code of Corrections,
together with the prescribed |
fees. No identification card shall be issued to any person who |
holds a valid
foreign state
identification card, license, or |
permit unless the person first surrenders to
the Secretary of
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State the valid foreign state identification card, license, or |
permit. The card shall be prepared and
supplied by the |
Secretary of State and shall include a photograph of the
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applicant. The applicant, upon receipt of a card and prior to |
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its use
for any purpose, shall affix his signature thereon in |
the space provided
therefor. The Illinois Identification Card |
may be used for
identification purposes in any lawful situation |
only by the person to
whom it was issued.
As used in this Act, |
"photograph" means any color photograph or digitally
produced |
and captured image of an applicant for an identification card. |
As
used in this Act, "signature" means the name of a person as |
written by that
person and captured in a manner acceptable to |
the Secretary of State.
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(b) The Secretary of State shall issue a special Illinois
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Identification Card, which shall be known as an Illinois |
Disabled Person
Identification Card, to any natural person who |
is a resident of the State
of Illinois, who is a disabled |
person as defined in Section 4A of this Act,
who applies for |
such card, or renewal thereof. No Disabled Person |
Identification Card shall be issued to any person who
holds a |
valid
foreign state identification card, license, or permit |
unless the person first
surrenders to the
Secretary of State |
the valid foreign state identification card, license, or
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permit. The Secretary of State
shall charge no fee to issue |
such card. The card shall be prepared and
supplied by the |
Secretary of State, and shall include a photograph of the
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applicant, a designation indicating that the card is an |
Illinois Disabled
Person Identification Card, and shall |
include a comprehensible designation
of the type and |
classification of the applicant's disability as set out in
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Section 4A of this Act. If the applicant so requests, the card |
shall
include a description of the applicant's disability and |
any information
about the applicant's disability or medical |
history which the Secretary
determines would be helpful to the |
applicant in securing emergency medical
care. The applicant, |
upon receipt of such a card and prior to its use for
any |
purpose, shall have affixed thereon in the space provided |
therefor his
signature or mark. If a mark is used in lieu of a |
signature, such mark
shall be affixed to the card in the |
presence of two witnesses who attest to
the authenticity of the |
mark. The Illinois
Disabled Person Identification Card may be |
used for identification purposes
in any lawful situation by the |
person to whom it was issued.
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The Illinois Disabled Person Identification Card may be |
used as adequate
documentation of disability in lieu of a |
physician's determination of
disability, a determination of |
disability from a physician assistant who has
been delegated |
the authority to make this determination by his or her
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supervising physician, a determination of disability from an |
advanced practice
nurse who has a written collaborative |
agreement with a collaborating physician
that
authorizes the |
advanced practice nurse to make this determination, or any
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other documentation
of disability whenever
any
State law
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requires that a disabled person provide such documentation of |
disability,
however an Illinois Disabled Person Identification |
Card shall not qualify
the cardholder to participate in any |
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program or to receive any benefit
which is not available to all |
persons with like disabilities.
Notwithstanding any other |
provisions of law, an Illinois Disabled Person
Identification |
Card, or evidence that the Secretary of State has issued an
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Illinois Disabled Person Identification Card, shall not be used |
by any
person other than the person named on such card to prove |
that the person
named on such card is a disabled person or for |
any other purpose unless the
card is used for the benefit of |
the person named on such card, and the
person named on such |
card consents to such use at the time the card is so used.
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An optometrist's determination of a visual disability |
under Section 4A of this Act is acceptable as documentation for |
the purpose of issuing an Illinois Disabled Person |
Identification Card. |
When medical information is contained on an Illinois |
Disabled Person
Identification Card, the Office of the |
Secretary of State shall not be
liable for any actions taken |
based upon that medical information.
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(c) Beginning January 1, 1986, the Secretary of State shall |
provide
that each original or renewal Illinois Identification |
Card or Illinois
Disabled Person Identification Card issued to |
a person under the age of 21,
shall be of a distinct nature |
from those Illinois Identification Cards or
Illinois Disabled |
Person Identification Cards issued to individuals 21
years of |
age or older. The color designated for Illinois Identification
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Cards or Illinois Disabled Person Identification Cards for |
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persons under
the age of 21 shall be at the discretion of the |
Secretary of State.
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(c-1) Beginning January 1, 2003, each original or renewal |
Illinois
Identification Card or Illinois Disabled Person |
Identification Card issued to
a person under the age of 21 |
shall display the date upon which the person
becomes 18 years |
of age and the date upon which the person becomes 21 years of
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age.
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(d) The Secretary of State may issue a Senior Citizen
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discount card, to any natural person who is a resident of the |
State of
Illinois who is 60 years of age or older and who |
applies for such a card or
renewal thereof. The Secretary of |
State shall charge no fee to issue such
card. The card shall be |
issued in every county and applications shall be
made available |
at, but not limited to, nutrition sites, senior citizen
centers |
and Area Agencies on Aging. The applicant, upon receipt of such
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card and prior to its use for any purpose, shall have affixed |
thereon in
the space provided therefor his signature or mark.
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(Source: P.A. 92-240, eff. 1-1-02; 92-689, eff. 1-1-03; 93-182, |
eff. 7-11-03; 93-895, eff. 1-1-05.)
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Section 10. The Illinois Vehicle Code is amended by |
changing Section 3-616 as follows:
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(625 ILCS 5/3-616) (from Ch. 95 1/2, par. 3-616)
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Sec. 3-616. Disability license plates.
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(a) Upon receiving an application for a certificate of |
registration for
a motor vehicle of the first division or for a |
motor vehicle of the second
division weighing no more than |
8,000 pounds, accompanied with payment of the
registration fees |
required under this Code from a person with disabilities or
a |
person who is deaf or hard of hearing, the Secretary of State,
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if so requested, shall issue to such person registration plates |
as provided for
in Section 3-611, provided that the person with |
disabilities or person who is
deaf or hard of hearing must not |
be disqualified from obtaining a driver's
license under |
subsection 8 of Section 6-103 of this Code, and further |
provided
that any person making such a request must submit a |
statement, certified by
a
licensed physician, by a physician |
assistant who has been delegated the
authority to make this |
certification by his or her supervising physician, or by
an |
advanced practice nurse who has a written collaborative |
agreement with a
collaborating physician that authorizes the |
advanced practice nurse to make
this certification, to
the |
effect that such person is a person with disabilities
as |
defined by Section 1-159.1 of this Code, or alternatively |
provide adequate
documentation that such person has a Class 1A, |
Class 2A or Type Four
disability under the provisions of |
Section 4A of the Illinois Identification
Card Act. For |
purposes of this Section, an Illinois Disabled Person
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Identification Card issued pursuant to the Illinois |
Identification Card Act
indicating that the person thereon |
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named has a disability shall be adequate
documentation of such |
a disability.
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(b) The Secretary shall issue plates under this Section to |
a parent or
legal guardian of a person with disabilities if the |
person with disabilities
has a Class 1A or Class 2A disability |
as defined in Section 4A of the Illinois
Identification Card |
Act or is a person with disabilities as defined by Section
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1-159.1 of this Code, and does not possess a vehicle registered |
in his or her
name, provided that the person with disabilities |
relies frequently on the
parent or legal guardian for |
transportation. Only one vehicle per family
may be registered |
under this subsection, unless the applicant can justify in
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writing the need for one additional set of plates. Any person |
requesting
special plates under this subsection shall submit |
such documentation or such
physician's, physician assistant's, |
or advanced practice nurse's
statement as is required in |
subsection
(a) and a statement
describing the circumstances |
qualifying for issuance of special plates under
this |
subsection. An optometrist may certify a Class 2A Visual |
Disability, as defined in Section 4A of the Illinois |
Identification Card Act, for the purpose of qualifying a person |
with disabilities for special plates under this subsection.
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(c) The Secretary may issue a
parking decal or
device to a |
person with disabilities as defined by Section 1-159.1 without
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regard to qualification of such person with disabilities for a |
driver's license
or registration of a vehicle by such person |
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with disabilities or such person's
immediate family, provided |
such person with disabilities making such a request
has been |
issued a Disabled Person Identification Card indicating that |
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person named thereon has a Class 1A or Class 2A disability, |
or alternatively,
submits a statement certified by a licensed |
physician, or by a physician
assistant or an advanced practice |
nurse as provided in subsection (a), to
the effect that such
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person is a person with disabilities as defined by Section |
1-159.1. An optometrist may certify a Class 2A Visual |
Disability as defined in Section 4A of the Illinois |
Identification Card Act for the purpose of qualifying a person |
with disabilities for a parking decal or device under this |
subsection.
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(d) The Secretary shall prescribe by rules and regulations |
procedures
to certify or re-certify as necessary the |
eligibility of persons whose
disabilities are other than |
permanent for special plates or
parking decals or devices |
issued under subsections (a), (b)
and (c). Except as provided |
under subsection (f) of this Section, no
such special plates, |
decals or devices shall be issued by the Secretary of
State to |
or on behalf of any person with disabilities unless such person |
is
certified as meeting the definition of a person with |
disabilities pursuant to
Section 1-159.1 or meeting the |
requirement of a Type Four disability as
provided under Section |
4A of the Illinois Identification Card Act for the
period of |
time that the physician, or the physician assistant or advanced
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practice nurse as provided in
subsection (a), determines the |
applicant will have the
disability, but not to exceed 6 months |
from the date of certification or
recertification.
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(e) Any person requesting special plates under this Section |
may also apply
to have the special plates personalized, as |
provided under Section 3-405.1.
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(f) The Secretary of State, upon application, shall issue |
disability registration plates or a parking decal to
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corporations, school districts, State or municipal agencies, |
limited liability
companies, nursing homes, convalescent |
homes, or special education cooperatives
which will transport |
persons with disabilities. The Secretary shall prescribe
by |
rule a means to certify or re-certify the eligibility of |
organizations to
receive disability plates or decals and to |
designate which of the
2 person with disabilities emblems shall |
be placed on qualifying
vehicles.
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(g) The Secretary of State, or his designee, may enter into
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agreements with other jurisdictions, including foreign |
jurisdictions, on
behalf of this State relating to the |
extension of parking privileges by
such jurisdictions to |
permanently disabled residents of this State who
display a |
special license plate or parking device that contains the
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International symbol of access on his or her motor vehicle, and |
to
recognize such plates or devices issued by such other |
jurisdictions. This
State shall grant the same parking |
privileges which are granted to disabled
residents of this |
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State to any non-resident whose motor vehicle is licensed
in |
another state, district, territory or foreign country if such |
vehicle
displays the international symbol of access or a |
distinguishing insignia on
license plates or parking device |
issued in accordance with the laws of the
non-resident's state, |
district, territory or foreign country.
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(Source: P.A. 93-182, eff. 7-11-03; 94-619, eff. 1-1-06.)
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