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Public Act 097-1064
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HB4531 Enrolled | LRB097 18177 JDS 63401 b |
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AN ACT concerning State government.
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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 Election Code is amended by changing |
Sections 17-14 and 19-12.1 as follows:
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(10 ILCS 5/17-14) (from Ch. 46, par. 17-14)
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Sec. 17-14. Any voter who declares upon oath, properly |
witnessed and with
his or her signature or mark affixed, that |
he or she requires
assistance to vote by reason of blindness, |
physical disability or inability
to read, write or speak the |
English language shall, upon request, be
assisted in marking |
his or her ballot, by 2 judges of
election of different |
political parties, to be selected by all
judges of election of |
each precinct at the opening of the polls or by a
person of the |
voter's choice, other than the voter's employer or agent of
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that employer or officer or agent of the voter's union. A
voter |
who presents an Illinois Disabled Person with a Disability |
Identification Card, issued
to that person under the provisions |
of the Illinois Identification Card
Act, indicating that such |
voter has a Class 1A or Class 2 disability under
the provisions |
of Section 4A of the Illinois Identification Card Act, or a
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voter who declares upon oath, properly witnessed, that by |
reason of any
physical
disability he is unable to mark his |
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ballot shall, upon request, be assisted
in marking his ballot |
by 2 of the election officers of different parties as
provided |
above in this Section or by a person of the voter's choice |
other
than the voter's employer or agent of that employer or |
officer or agent of
the voter's union. Such voter shall state |
specifically the
reason why he cannot vote without assistance |
and, in the case of a
physically disabled voter, what his |
physical disability is. Prior to entering the voting
booth,
the |
person providing the assistance, if other than 2 judges of |
election,
shall be presented with written instructions on how |
assistance shall be
provided.
This instruction shall be |
prescribed by the State Board of Elections and shall
include |
the penalties for attempting to influence the voter's choice of
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candidates, party, or votes in relation to any question on the |
ballot and for
not marking the ballot as directed by the voter. |
Additionally, the person
providing the assistance shall sign an |
oath, swearing not to influence the
voter's choice of |
candidates, party, or votes in relation to any question on
the |
ballot and to cast the ballot as directed by the voter. The |
oath shall be
prescribed by the State Board of Elections and |
shall include the penalty for
violating this Section. In the |
voting booth, such person
shall mark the
ballot as directed by |
the voter, and shall thereafter give no information
regarding |
the same. The judges of election shall enter upon the poll |
lists
or official poll record after the name of any elector who |
received such
assistance in marking his ballot a memorandum of |
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the fact and if the
disability is permanent. Intoxication shall |
not be regarded as a physical
disability, and no intoxicated |
person shall be entitled to assistance in
marking his ballot.
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No person shall secure or attempt to secure assistance in |
voting who is
not blind, physically disabled or illiterate as |
herein provided, nor shall any
person knowingly assist a voter |
in voting contrary to the
provisions of this Section.
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(Source: P.A. 94-25, eff. 1-1-06.)
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(10 ILCS 5/19-12.1) (from Ch. 46, par. 19-12.1)
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Sec. 19-12.1.
Any qualified elector who has secured an |
Illinois
Disabled Person with a Disability Identification Card |
in accordance with the The Illinois
Identification Card Act, |
indicating that the person named thereon has a Class
1A or |
Class 2 disability or any qualified voter who has a permanent |
physical
incapacity of such a nature as to make it improbable |
that he will be
able to be present at the polls at any future |
election, or any
voter who is a resident of (i) a federally |
operated veterans' home, hospital, or facility located in |
Illinois or (ii) a facility licensed or certified pursuant to
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the Nursing Home Care Act, the Specialized Mental Health |
Rehabilitation Act, or the ID/DD Community Care Act and has a |
condition or disability of
such a nature as to make it |
improbable that he will be able to be present
at the polls at |
any future election, may secure a disabled voter's or
nursing |
home resident's identification card, which will enable him to |
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vote
under this Article as a physically incapacitated or |
nursing home voter. For the purposes of this Section, |
"federally operated veterans' home, hospital, or facility" |
means the long-term care facilities at the Jesse Brown VA |
Medical Center, Illiana Health Care System, Edward Hines, Jr. |
VA Hospital, Marion VA Medical Center, and Captain James A. |
Lovell Federal Health Care Center.
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Application for a disabled voter's or nursing home |
resident's
identification card shall be made either: (a) in |
writing, with voter's
sworn affidavit, to the county clerk or |
board of election commissioners, as
the case may be, and shall |
be accompanied
by the affidavit of the attending physician |
specifically describing the
nature of the physical incapacity |
or the fact that the voter is a nursing
home resident and is |
physically unable to be present at the polls on election
days; |
or (b) by presenting, in writing or otherwise, to the county |
clerk
or board of election commissioners, as the case may be, |
proof that the
applicant has secured an Illinois Disabled |
Person with a Disability Identification Card
indicating that |
the person named thereon has a Class 1A or Class 2 disability.
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Upon the receipt of either the sworn-to
application and the |
physician's affidavit or proof that the applicant has
secured |
an Illinois Disabled Person with a Disability Identification |
Card indicating that the
person named thereon has a Class 1A or |
Class 2 disability, the county clerk
or board of election |
commissioners shall issue a disabled voter's or
nursing home |
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resident's identification
card. Such identification cards |
shall be issued for a
period of 5 years, upon the expiration of |
which time the voter may
secure a new card by making |
application in the same manner as is
prescribed for the |
issuance of an original card, accompanied by a new
affidavit of |
the attending physician. The date of expiration of such
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five-year period shall be made known to any interested person |
by the
election authority upon the request of such person. |
Applications for the
renewal of the identification cards shall |
be mailed to the voters holding
such cards not less than 3 |
months prior to the date of expiration of the cards.
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Each disabled voter's or nursing home resident's |
identification card
shall bear an identification number, which |
shall be clearly noted on the voter's
original and duplicate |
registration record cards. In the event the
holder becomes |
physically capable of resuming normal voting, he must
surrender |
his disabled voter's or nursing home resident's identification
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card to the county clerk or board of election commissioners |
before the next election.
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The holder of a disabled voter's or nursing home resident's
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identification card may make application by mail for an |
official ballot
within the time prescribed by Section 19-2. |
Such application shall contain
the same information as is
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included in the form of application for ballot by a physically
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incapacitated elector prescribed in Section 19-3 except that it |
shall
also include the applicant's disabled voter's |
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identification card number
and except that it need not be sworn |
to. If an examination of the records
discloses that the |
applicant is lawfully entitled to vote, he shall be
mailed a |
ballot as provided in Section 19-4. The ballot envelope shall
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be the same as that prescribed in Section 19-5 for physically |
disabled
voters, and the manner of voting and returning the |
ballot shall be the
same as that provided in this Article for |
other absentee ballots, except
that a statement to be |
subscribed to by the voter but which need not be
sworn to shall |
be placed on the ballot envelope in lieu of the affidavit
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prescribed by Section 19-5.
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Any person who knowingly subscribes to a false statement in
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connection with voting under this Section shall be guilty of a |
Class A
misdemeanor.
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For the purposes of this Section, "nursing home resident" |
includes a resident of (i) a federally operated veterans' home, |
hospital, or facility located in Illinois or (ii) a facility |
licensed under the ID/DD MR/DD Community Care Act or the |
Specialized Mental Health Rehabilitation Act. For the purposes |
of this Section, "federally operated veterans' home, hospital, |
or facility" means the long-term care facilities at the Jesse |
Brown VA Medical Center, Illiana Health Care System, Edward |
Hines, Jr. VA Hospital, Marion VA Medical Center, and Captain |
James A. Lovell Federal Health Care Center. |
(Source: P.A. 96-339, eff. 7-1-10; 97-38, eff. 6-28-11; 97-227, |
eff. 1-1-12; 97-275, eff. 1-1-12; revised 9-2-11.)
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Section 10. The Illinois Identification Card Act is amended |
by changing Sections 2, 4, 4A, 5, 6A, 7, 8, 9, 11, 12, 12A, 13, |
14, 14C, 15, and 15A as follows:
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(15 ILCS 335/2) (from Ch. 124, par. 22)
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Sec. 2. Administration and powers and duties of the |
Administrator. |
(a) The Secretary of State is the Administrator of this |
Act, and he is
charged with the duty of observing, |
administering and enforcing the
provisions of this Act.
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(b) The Secretary is vested with the powers and duties for |
the
proper administration of this Act as follows:
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1. He shall organize the administration of this Act as |
he may deem
necessary and appoint such subordinate |
officers, clerks and other
employees as may be necessary.
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2. From time to time, he may make, amend or rescind |
rules and
regulations as may be in the public interest to |
implement the Act.
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3. He may prescribe or provide suitable forms as |
necessary, including
such forms as are necessary to |
establish that an applicant for an Illinois
Disabled Person |
with a Disability Identification Card is a "disabled |
person" as defined in
Section 4A of this Act, and establish |
that an applicant for a State identification card is a |
"homeless person" as defined in Section 1A of this Act.
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4. He may prepare under the seal of the Secretary of |
State certified
copies of any records utilized under this |
Act and any such certified
copy shall be admissible in any |
proceeding in any court in like manner
as the original |
thereof.
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5. Records compiled under this Act shall be maintained |
for 6 years,
but the Secretary may destroy such records |
with the prior approval of
the State Records Commission.
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6. He shall examine and determine the genuineness, |
regularity and
legality of every application filed with him |
under this Act, and he may
in all cases investigate the |
same, require additional information or
proof or |
documentation from any applicant.
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7. He shall require the payment of all fees prescribed |
in this Act,
and all such fees received by him shall be |
placed in the Road Fund of the
State treasury except as |
otherwise provided in Section 12 of this Act.
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(Source: P.A. 96-183, eff. 7-1-10 .)
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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 |
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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 and signature |
or mark of the
applicant. However, the Secretary of State may |
provide by rule for the issuance of Illinois Identification |
Cards without photographs if the applicant has a bona fide |
religious objection to being photographed or to the display of |
his or her photograph. 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. |
(a-5) If an applicant for an identification card has a |
current driver's license or instruction permit issued by the |
Secretary of State, the Secretary may require the applicant to |
utilize the same residence address and name on the |
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identification card, driver's license, and instruction permit |
records maintained by the Secretary. The Secretary may |
promulgate rules to implement this provision.
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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 with a Disability
Identification Card, to any |
natural person who is a resident of the State
of Illinois, who |
is a disabled person with a disability as defined in Section 4A |
of this Act,
who applies for such card, or renewal thereof. No |
Illinois Disabled Person with a Disability Identification Card |
shall be issued to any person who
holds a valid
foreign state |
identification card, license, or permit unless the person first
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surrenders to the
Secretary of State the valid foreign state |
identification card, license, or
permit. The Secretary of State
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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 and signature or mark of the
applicant, a |
designation indicating that the card is an Illinois Disabled
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Person with a Disability Identification Card, and shall include |
a comprehensible designation
of the type and classification of |
the applicant's disability as set out in
Section 4A of this |
Act. However, the Secretary of State may provide by rule for |
the issuance of Illinois Disabled Person Identification Cards |
without photographs if the applicant has a bona fide religious |
objection to being photographed or to the display of his or her |
photograph. If the applicant so requests, the card shall
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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. 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 with a Disability |
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 with a Disability |
Identification Card may be used as adequate
documentation of |
disability in lieu of a physician's determination of
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disability, a determination of disability from a physician |
assistant who has
been delegated the authority to make this |
determination by his or her
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
other documentation
of disability |
whenever
any
State law
requires that a disabled person provide |
such documentation of disability,
however an Illinois Disabled |
Person with a Disability Identification Card shall not qualify
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the cardholder to participate in any 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 with a Disability
Identification |
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Card, or evidence that the Secretary of State has issued an
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Illinois Disabled Person with a Disability 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 with a |
Disability Identification Card. |
When medical information is contained on an Illinois |
Disabled Person with a Disability
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) The Beginning January 1, 1986, the Secretary of State |
shall provide
that each original or renewal Illinois |
Identification Card or Illinois
Disabled Person with a |
Disability 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 with a |
Disability Identification Cards issued to individuals 21
years |
of age or older. The color designated for Illinois |
Identification
Cards or Illinois Disabled Person with a |
Disability Identification Cards for persons under
the age of 21 |
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shall be at the discretion of the Secretary of State.
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(c-1) Each Beginning January 1, 2003, each original or |
renewal Illinois
Identification Card or Illinois Disabled |
Person with a Disability 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
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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(e) The Secretary of State, in his or her discretion, may |
designate on each Illinois
Identification Card or Illinois |
Disabled Person with a Disability Identification Card a space |
where the card holder may place a sticker or decal, issued by |
the Secretary of State, of uniform size as the Secretary may |
specify, that shall indicate in appropriate language that the |
card holder has renewed his or her Illinois
Identification Card |
or Illinois Disabled Person with a Disability Identification |
Card. |
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(Source: P.A. 96-146, eff. 1-1-10; 96-328, eff. 8-11-09; |
96-1231, eff. 7-23-10; 97-371, eff. 1-1-12.)
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(15 ILCS 335/4A) (from Ch. 124, par. 24A)
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Sec. 4A.
(a) " Person with a disability Disabled person " as |
used in this Act means any person who
is, and who is expected |
to indefinitely continue to be, subject to any of
the following |
five types of disabilities:
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Type One: Physical disability. A physical disability is a |
physical
impairment, disease, or loss, which is of a permanent |
nature, and which
substantially limits impairs normal physical |
ability or motor skills. The
Secretary of State shall establish |
standards not inconsistent with this
provision necessary to |
determine the presence of a physical disability.
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Type Two: Developmental disability. Developmental A |
developmental disability means a disability that is |
attributable to: (i) an intellectual disability, cerebral |
palsy, epilepsy, or autism or (ii) any other condition that |
results in impairment similar to that caused by an intellectual |
disability and requires services similar to those required by |
persons with intellectual disabilities. Such a disability must |
originate before the age of 18 years, be expected to continue |
indefinitely, and constitute a substantial handicap is a
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disability which originates before the age of 18 years, and |
results in or
has resulted in impairment similar to that caused |
by an intellectual disability and
which requires services |
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similar to those required by intellectually disabled
persons |
and which is attributable to an intellectual disability, |
cerebral palsy,
epilepsy, autism, or other conditions or |
similar disorders . The Secretary
of State shall establish |
standards not inconsistent with this provision
necessary to |
determine the presence of
a developmental disability.
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Type Three: Visual disability. A visual disability is |
blindness, and the term "blindness" means central vision acuity |
of 20/200 or less in the better eye with the use of a |
correcting lens. An eye that is accompanied by a limitation in |
the fields of vision so that the widest diameter of the visual |
field subtends an angle no greater than 20 degrees shall be |
considered as having a central vision acuity of 20/200 or less |
a disability
resulting in complete absence of vision, or vision |
that with corrective
glasses is so defective as to prevent |
performance of tasks or activities
for which eyesight is |
essential . The Secretary of State shall establish
standards not |
inconsistent with this Section necessary to determine the
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presence of a visual disability.
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Type Four: Hearing disability. A hearing disability is a |
disability
resulting in complete absence of hearing, or hearing |
that with sound
enhancing or magnifying equipment is
so |
impaired as to require the use of sensory input other than |
hearing
as the principal means of receiving spoken language. |
The Secretary of State
shall
establish standards not |
inconsistent with this Section
necessary to determine the |
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presence of a hearing disability.
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Type Five: Mental Disability. A mental disability is a |
significant impairment of an individual's cognitive, |
affective, or relational abilities that may require |
intervention and may be a recognized, medically diagnosable |
illness or disorder an emotional or
psychological impairment or |
disease, which substantially impairs the ability
to meet |
individual or societal needs . The Secretary of State shall |
establish
standards not inconsistent with this provision |
necessary to determine the
presence of a mental disability.
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(b) For purposes of this Act, a disability shall be |
classified as
follows: Class 1 disability: A Class 1 disability |
is any type disability
which does not render a person unable to |
engage in any substantial gainful
activity or which does not |
impair his ability to live independently or to
perform labor or |
services for which he is qualified. The Secretary of State
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shall establish standards not inconsistent with this Section
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necessary to determine the presence of a Class 1 disability.
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Class 1A disability: A Class 1A disability is a Class 1 |
disability which
renders a person unable to walk 200 feet or |
more unassisted by another person
or without the aid of a |
walker, crutches, braces, prosthetic device or a
wheelchair or |
without great difficulty or discomfort due to the following
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impairments: neurologic, orthopedic, respiratory, cardiac, |
arthritic disorder, blindness,
or the loss of function or |
absence of a limb or limbs. The Secretary of
State shall |
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establish standards not inconsistent with this Section |
necessary
to determine the presence of a Class 1A disability. |
Class 2
disability: A Class 2 disability is any type disability |
which renders a
person unable to engage in any substantial |
gainful activity, which
substantially impairs his ability to |
live independently without
supervision or in-home support |
services, or which substantially impairs
his ability to perform |
labor
or services for which he is qualified or significantly |
restricts the
labor or services which he is able to perform.
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The Secretary of State shall
establish standards not |
inconsistent with this Section necessary to
determine the |
presence of a Class 2 disability.
Class 2A disability: A Class |
2A disability is a Class 2 disability which
renders a person |
unable to walk 200 feet or more unassisted by another
person or |
without the aid of a walker, crutches, braces, prosthetic |
device
or a wheelchair or without great difficulty or |
discomfort due to the
following impairments: neurologic, |
orthopedic, respiratory, cardiac,
arthritic disorder, |
blindness, or the loss of function or absence of a limb
or |
limbs. The Secretary of State shall establish standards not |
inconsistent
with this Section necessary to determine the |
presence of a Class 2A
disability.
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(Source: P.A. 97-227, eff. 1-1-12.)
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(15 ILCS 335/5) (from Ch. 124, par. 25)
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Sec. 5. Applications. Any natural person who is a resident |
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of the
State of Illinois, may file an application for an |
identification card or for
the renewal thereof, in a manner |
prescribed by the Secretary. Each original application
shall be |
completed by the applicant in full and shall set forth the |
legal
name,
residence address and zip code, social security |
number, birth date, sex and
a brief
description of the |
applicant. The applicant shall be photographed, unless the |
Secretary of State has provided by rule for the issuance of |
identification cards without photographs and the applicant is |
deemed eligible for an identification card without a photograph |
under the terms and conditions imposed by the Secretary of |
State, and he
or she shall also submit any other information as |
the Secretary may deem necessary
or such documentation as the |
Secretary may require to determine the
identity of the |
applicant. In addition to the residence address, the Secretary |
may allow the applicant to provide a mailing address. An |
applicant for an Illinois Person with a Disability |
Identification Card a disabled persons card must
also submit |
with each original or renewal application, on forms prescribed
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by the Secretary, such documentation as the Secretary may |
require,
establishing that the applicant is a " disabled person |
with a disability " as defined in
Section 4A of this Act, and |
setting forth the applicant's type and class of
disability as |
set forth in Section 4A of this Act.
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(Source: P.A. 96-1231, eff. 7-23-10; 97-371, eff. 1-1-12.)
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(15 ILCS 335/6A) (from Ch. 124, par. 26A)
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Sec. 6A. Change in Disability. Whenever the type or class |
of
disability of any person holding an Illinois Disabled Person |
with a Disability Identification
Card changes, such person |
shall within 60 days provide the Secretary of
State, on forms |
provided by the Secretary, such documentation as the
Secretary |
may require of that change, and shall set forth the type and
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class of disability thereafter applicable.
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(Source: P.A. 83-1421.)
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(15 ILCS 335/7) (from Ch. 124, par. 27)
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Sec. 7. Duplicate and corrected cards.
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(a) In the event an identification
card is lost or |
destroyed, or if there is a correction of
legal name or
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residence address, or
a change in the type or class of |
disability of a holder of an Illinois Person with a Disability |
Identification Card a disabled person
card , the
person named on |
the card may apply for a duplicate or substitute card, or for a
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corrected card. Any application for a corrected card shall be |
accompanied by
the original card being corrected.
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(b) The Secretary of State, having issued an identification |
card in error,
may, upon
written notice of at least 5 days to |
the person, require the person to appear
at a Driver
Services |
facility to have the identification card error corrected and a |
new
identification
card issued. The failure of the person to |
appear is grounds for
cancellation of the
person's |
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identification card under Section 13 of this Act.
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(Source: P.A. 93-895, eff. 1-1-05.)
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(15 ILCS 335/8) (from Ch. 124, par. 28)
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Sec. 8. Expiration.
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(a) Every identification card issued hereunder,
except to |
persons who have reached their 15th birthday, but are not yet |
21
years of age, persons who are 65 years of age or older, and |
persons who are
issued an Illinois Person with a Disability |
Identification Card disabled person identification card , shall
|
expire 5 years from the ensuing birthday of the
applicant and a |
renewal
shall expire 5 years thereafter. Every original or |
renewal identification
card issued to a person who has reached |
his or her 15th birthday, but is
not yet
21 years of age shall |
expire 3 months after the person's 21st birthday.
|
(b) Every original, renewal, or duplicate (i) |
identification card issued
to a
person who has reached his or |
her 65th birthday shall be permanent and need
not be renewed |
and (ii) Illinois Person with a Disability Identification Card |
disabled
person identification card issued to a qualifying |
person shall expire 10 years
thereafter. The Secretary of State |
shall promulgate rules setting forth the
conditions and |
criteria for the renewal of all Illinois Person with a |
Disability Identification Cards disabled person
identification |
cards .
|
(Source: P.A. 91-880, eff. 6-30-00.)
|
|
(15 ILCS 335/9) (from Ch. 124, par. 29)
|
Sec. 9. Renewal.
|
(a) Any person having a valid identification card which |
expires on
his or her 21st birthday, or which expires 3 months |
after his
or her 21st birthday,
may not apply for renewal of |
his or her existing identification card. A subsequent
|
application filed by persons under this subsection, on or after |
their 21st
birthday, shall be considered an application for a |
new
card under Section 5
of this Act.
|
(b) Any person having a valid identification card, except |
those under
subsection (a), may apply for a one-time renewal, |
in a manner prescribed by the
Secretary of State, within 30 |
days after the expiration of the identification
card. A |
subsequent application filed by that person shall be considered |
an
application for a new card under Section 5 of this Act. Any |
identification
card
renewed under this subsection shall be |
valid for 5 years after the expiration
date of the |
identification card as originally issued under Section 5 of |
this
Act. The Secretary of State, in his or her discretion, may |
provide that applications for the one-time renewal under this |
subsection (b) may be made by telephone, mail, or the Internet, |
subject to any eligibility criteria and other requirements that |
the Secretary of State deems appropriate.
|
(c) Notwithstanding any other provision of this Act to the |
contrary, a person convicted of a sex offense as defined in |
|
Section 2 of the Sex Offender Registration Act may not renew |
his or her Illinois Identification Card or Illinois Disabled |
Person with a Disability Identification Card by telephone, |
mail, or the Internet. |
(Source: P.A. 95-779, eff. 1-1-09.)
|
(15 ILCS 335/11) (from Ch. 124, par. 31)
|
Sec. 11. The Secretary may make a search of his records and |
furnish
information as to whether a person has a current |
Standard Illinois
Identification Card or an Illinois Disabled |
Person with a Disability Identification Card then on
file, upon |
receipt of a written application therefor accompanied with the
|
prescribed fee. However, the Secretary may not disclose medical
|
information concerning an individual to any person, public |
agency, private
agency, corporation or governmental body |
unless the individual has
submitted a written request for the |
information or unless the individual
has given prior written |
consent for the release of the information to a
specific person |
or entity. This exception shall not apply to: (1) offices
and |
employees of the Secretary who have a need to know the medical
|
information in performance of their official duties, or (2) |
orders of a
court of competent jurisdiction. When medical |
information is disclosed by
the Secretary in accordance with |
the provisions of this Section, no
liability shall rest with |
the Office of the Secretary of State as the
information is |
released for informational purposes only. |
|
The Secretary may release personally identifying |
information or highly restricted personal information only to: |
(1) officers and employees of the Secretary who have a |
need to know that information; |
(2) other governmental agencies for use in their |
official governmental functions; |
(3) law enforcement agencies that need the information |
for a criminal or civil investigation; or |
(4) any entity that the Secretary has authorized, by |
rule, to receive this information. |
The Secretary may not disclose an individual's social |
security number or any associated information obtained from the |
Social Security Administration without the written request or |
consent of the individual except: (i) to officers and employees |
of the Secretary who have a need to know the social security |
number in the performance of their official duties; (ii) to law |
enforcement officials for a lawful civil or criminal law |
enforcement investigation if the head of the law enforcement |
agency has made a written request to the Secretary specifying |
the law enforcement investigation for which the social security |
number is being sought; or (iii) under a lawful court order |
signed by a judge.
|
(Source: P.A. 93-895, eff. 1-1-05.)
|
(15 ILCS 335/12) (from Ch. 124, par. 32) |
Sec. 12. Fees concerning Standard Illinois Identification |
|
Cards. The fees required under this Act for standard Illinois
|
Identification Cards must accompany any application provided |
for in this
Act, and the Secretary shall collect such fees as |
follows: |
|
a. Original card issued on or before | | |
December 31, 2004 ........................... | $4 | |
Original card issued on or after | | |
January 1, 2005 ............................. | $20
| |
b. Renewal card issued on or before | | |
December 31, 2004 ........................... | 4 | |
Renewal card issued on or after | | |
January 1, 2005 ............................. | 20 | |
c. Corrected card issued on or before | | |
December 31, 2004 ........................... | 2 | |
Corrected card issued on or after | | |
January 1, 2005 ............................. | 10
| |
d. Duplicate card issued on or before | | |
December 31, 2004 ........................... | 4 | |
Duplicate card issued on or after | | |
January 1, 2005 ............................. | 20
| |
e. Certified copy with seal ................... | 5 | |
f. Search ..................................... | 2 | |
g. Applicant 65 years of age or over .......... | No Fee | |
h. (Blank) Disabled applicant ................... | No Fee | |
i. Individual living in Veterans | | |
Home or Hospital ........................... | No Fee | |
|
|
j. Original card issued on or after July 1, 2007 | | |
under 18 years of age ....................... | $10 | |
k. Renewal card issued on or after July 1, 2007 | | |
under 18 years of age ....................... | $10 | |
l. Corrected card issued on or after July 1, 2007 | | |
under 18 years of age ....................... | $5 | |
m. Duplicate card issued on or after July 1, 2007 | | |
under 18 years of age ....................... | $10 | |
n. Homeless person .............................. | No Fee | |
o. Duplicate card issued to an active-duty | | |
member of the United States Armed Forces, the | | |
member's spouse, or dependent children | | |
living with the member ...................... | No Fee |
|
All fees collected under this Act shall be paid into the |
Road Fund of the State treasury, except that the following |
amounts shall be paid into the General Revenue Fund:
(i) 80% of |
the fee for an original, renewal, or duplicate Illinois |
Identification Card issued on or after January 1, 2005;
and |
(ii) 80% of the fee for a corrected Illinois Identification |
Card issued on or after January 1, 2005.
|
Any disabled person making an application for a
standard |
Illinois Identification Card for no fee must,
along with the |
application, submit an affirmation by the applicant on a
form |
to be provided by the Secretary of State, attesting that such |
person
is a disabled person as defined in Section 4A of this |
Act. |
|
An individual, who resides in a veterans home or veterans |
hospital
operated by the state or federal government, who makes |
an application for an
Illinois Identification Card to be issued |
at no fee, must submit, along
with the application, an |
affirmation by the applicant on a form provided by
the |
Secretary of State, that such person resides in a veterans home |
or
veterans hospital operated by the state or federal |
government. |
The application of a homeless individual for an Illinois |
Identification Card to be issued at no fee must be accompanied |
by an affirmation by a qualified person, as defined in Section |
4C of this Act, on a form provided by the Secretary of State, |
that the applicant is currently homeless as defined in Section |
1A of this Act. |
The fee for any duplicate identification card shall be |
waived for any person who presents the Secretary of State's |
Office with a police report showing that his or her |
identification card was stolen. |
The fee for any duplicate identification card shall be |
waived for any person age 60 or older whose identification card |
has been lost or stolen. |
As used in this Section, "active-duty member of the United |
States Armed Forces" means a member of the Armed Services or |
Reserve Forces of the United States or a member of the Illinois |
National Guard who is called to active duty pursuant to an |
executive order of the President of the United States, an act |
|
of the Congress of the United States, or an order of the |
Governor. |
(Source: P.A. 96-183, eff. 7-1-10; 96-1231, eff. 7-23-10; |
97-333, eff. 8-12-11.)
|
(15 ILCS 335/12A) (from Ch. 124, par. 32A)
|
Sec. 12A.
Fees concerning Illinois Disabled Person with a |
Disability Identification
Cards. The fees required under this |
Act for Illinois Disabled Person with a Disability
|
Identification Cards must accompany any application provided |
for in this
Act, and the Secretary shall collect such fees as |
follows:
|
|
a. Original card ......................... |
No Fee |
|
b. Renewal card .......................... |
No Fee |
|
c. Corrected card ........................ |
No Fee |
|
d. Duplicate card ........................ |
No Fee |
|
e. Certified copy with seal .............. |
$5 |
|
f. Search ................................ |
$2 |
|
g. Applicant with a disability Disabled | applicant . |
No Fee |
|
h. Authorized release of medical | information to public agency,
governmental | body, or locally operated program performing | services for a |
|
|
public agency or governmental body ............ |
No Fee |
|
|
|
i. Authorized release of medical | information to public agency,
governmental | body, or locally operated program performing | services for a |
|
|
public agency or governmental body in | certified form with seal . |
No Fee |
|
j. Authorized release of a cardholder's | medical information to that same |
|
|
cardholder .................................... |
50¢ per page |
|
k. Authorized release of a cardholder's | medical information to that same |
|
|
cardholder in certified form with seal ........ |
50¢ per |
|
|
page, plus $2.00 |
|
|
certification. |
|
(Source: P.A. 83-1421 .)
|
(15 ILCS 335/13) (from Ch. 124, par. 33)
|
Sec. 13. Rejection, denial or revocations. |
(a) The Secretary of
State may reject or deny any |
application if he:
|
1. is not satisfied with the genuineness, regularity or |
legality of
any application; or
|
2. has not been supplied with the required information; |
or
|
3. is not satisfied with the truth of any information |
or
documentation supplied by an applicant; or
|
|
4. determines that the applicant is not entitled to the |
card as
applied for; or
|
5. determines that any fraud was committed by the |
applicant; or
|
6. determines that a signature is not valid or is a |
forgery; or
|
7. determines that the applicant has not paid the |
prescribed fee; or
|
8. determines that the applicant has falsely claimed to |
be a disabled
person with a disability as defined in |
Section 4A of this Act; or
|
9. cannot verify the accuracy of any information or |
documentation
submitted by the applicant.
|
(b) The Secretary of State may cancel or revoke any |
identification
card issued by him, upon determining that:
|
1. the holder is not legally entitled to the card; or
|
2. the applicant for the card made a false statement or |
knowingly
concealed a material fact in any application |
filed by him under this
Act; or
|
3. any person has displayed or represented as his own a |
card not
issued to him; or
|
4. any holder has permitted the display or use of his |
card by any
other person; or
|
5. that the signature of the applicant was forgery or |
that the
signature on the card is a forgery; or
|
6. a card has been used for any unlawful or fraudulent |
|
purpose; or
|
7. a card has been altered or defaced; or
|
8. any card has been duplicated for any purpose; or
|
9. any card was utilized to counterfeit such cards; or
|
10. the holder of an Illinois Disabled Person with a |
Disability Identification Card is
not a disabled person as |
defined in Section 4A of this Act; or
|
11. the holder failed to appear at a Driver Services |
facility for the
reissuance of a
card or to present |
documentation for verification of identity.
|
(c) The Secretary of State is authorized to take possession |
of and shall make a demand for return of any card which
has |
been cancelled or revoked, unlawfully or erroneously issued, or |
issued in violation of this Act, and every
person to whom such |
demand is
addressed, shall promptly and without delay, return |
such card to the
Secretary pursuant to his instructions, or, he |
shall surrender any such
card to the Secretary or any agent of |
the Secretary upon demand.
|
(d) The Secretary of State is authorized to take possession |
of any
Illinois Identification Card or Illinois Disabled Person |
with a Disability Identification
Card which has been cancelled |
or revoked, or
which is blank, or which has been altered or |
defaced or duplicated or
which is counterfeit or contains a |
forgery; or otherwise issued in violation
of this Act and may |
confiscate any suspected fraudulent, fictitious, or altered |
documents submitted by an applicant in support of an |
|
application for an identification card.
|
(Source: P.A. 97-229, eff. 7-28-11.)
|
(15 ILCS 335/14)
(from Ch. 124, par. 34)
|
Sec. 14. Unlawful use of identification card.
|
(a) It is a violation of this Section for any person:
|
1. To possess, display, or cause to be displayed
any |
cancelled or revoked identification card;
|
2. To display or represent as the person's own any
|
identification
card issued to another;
|
3. To allow any unlawful use of an identification card
|
issued to the person;
|
4. To lend an identification card to
another or |
knowingly allow the use
thereof by another;
|
5. To fail or refuse to surrender to the Secretary of |
State, the
Secretary's agent or any peace officer upon |
lawful demand, any
identification card
which has
been |
revoked or cancelled;
|
6. To possess, use, or allow to be used any materials, |
hardware, or
software specifically designed for or |
primarily used in the manufacture,
assembly,
issuance, or |
authentication of an official Illinois Identification Card |
or
Illinois
Disabled Person with a Disability |
Identification Card issued by the Secretary of State; or
|
7. To knowingly possess, use, or allow to be used a |
stolen identification card making implement. |
|
(a-1) It is a violation of this Section for any person to |
possess, use, or allow to be used any materials, hardware, or |
software specifically designed for or primarily used in the |
reading of encrypted language from the bar code or magnetic |
strip of an official Illinois Identification Card or Illinois |
Disabled Person with a Disability Identification Card issued by |
the Secretary of State. This subsection (a-1) does not apply if |
a federal or State law, rule, or regulation requires that the |
card holder's address be recorded in specified transactions or |
if the encrypted information is obtained for the detection or |
possible prosecution of criminal offenses or fraud. If the |
address information is obtained under this subsection (a-1), it |
may be used only for the purposes authorized by this subsection
|
(a-1).
|
(a-5) As used in this Section "identification card" means |
any document
made or issued by or under the authority of the |
United States Government, the
State of Illinois or any other |
State or political subdivision thereof, or any
governmental or |
quasi-governmental organization that, when completed with
|
information concerning the individual, is of a type intended or |
commonly
accepted for the purpose of identifying the |
individual.
|
(b) Sentence.
|
1. Any person convicted of a violation of this Section |
shall be guilty
of a Class A misdemeanor and shall be |
sentenced to a minimum fine of $500 or
50 hours of |
|
community service, preferably at an alcohol abuse |
prevention
program, if available.
|
2. A person convicted of a second or subsequent |
violation of this
Section shall be guilty of a Class 4 |
felony.
|
(c) This Section does not prohibit any lawfully authorized
|
investigative, protective, law enforcement or other activity |
of any agency
of the United States, State of Illinois or any |
other state or political
subdivision thereof.
|
(Source: P.A. 93-667, eff. 3-19-04; 93-895, eff. 1-1-05; |
94-239, eff. 1-1-06.)
|
(15 ILCS 335/14C) (from Ch. 124, par. 34C)
|
Sec. 14C. Making false application or affidavit.
|
(a) It is a violation of this Section for any person:
|
1. To display or present any document for the purpose |
of making
application for an Illinois Identification Card |
or Illinois Disabled Person with a Disability
|
Identification Card knowing that such document contains |
false information
concerning the identity of the |
applicant;
|
2. To accept or allow to be accepted any document |
displayed or
presented for the purpose of making |
application for an Illinois
Identification Card or |
Illinois Disabled Person with a Disability Identification |
Card knowing
that such document contains false information |
|
concerning the identify of
the applicant;
|
3. To knowingly make any false affidavit or swear or |
affirm falsely to any
matter or thing required by the terms |
of this Act to be sworn to or affirmed.
|
(b) Sentence.
|
1. Any person convicted of a violation of this Section |
shall be guilty
of a Class 4 felony.
|
2. A person convicted of a second or subsequent |
violation of this
Section shall be guilty of a Class 3 |
felony.
|
(c) This Section does not prohibit any lawfully authorized
|
investigative, protective, law enforcement or other activity |
of any agency
of the United States, State of Illinois or any |
other state or political
subdivision thereof.
|
(d) The Secretary of State may confiscate any suspected |
fraudulent,
fictitious, or altered documents submitted by an |
applicant
in support of an application for an Illinois |
Identification Card or
Illinois Disabled Person with a |
Disability Identification Card.
|
(Source: P.A. 93-895, eff. 1-1-05.)
|
(15 ILCS 335/15) (from Ch. 124, par. 35)
|
Sec. 15. Penalty. A violation of this Act is a Class C |
misdemeanor unless
otherwise provided herein. Conviction shall |
not be a bar against civil
actions to recover losses covered by |
deceptive practices with any Illinois
Identification Card or |
|
Illinois Disabled Person with a Disability Identification |
Card.
|
(Source: P.A. 83-1421.)
|
(15 ILCS 335/15A) (from Ch. 124, par. 35A)
|
Sec. 15A. Injunctions. If any person operates in violation |
of any provision
of this Chapter, or any rule, regulation, |
order or decision of the Secretary
of State, or of any term, |
condition or limitation of any Illinois Identification
Card, or |
Illinois Disabled Person with a Disability Identification |
Card, the Secretary of
State, or any person injured thereby, or |
any interested
person, may apply to the Circuit Court of the |
county in which such violation
or some part thereof occurred, |
or in which that person complained of has
his place of business |
or resides, to prevent such violation. The Court
has |
jurisdiction to enforce obedience by injunction or other |
process restraining
such person from further violation and |
enjoining upon him obedience.
|
(Source: P.A. 83-1421.)
|
Section 15. The Property Tax Code is amended by changing |
Section 15-168 as follows:
|
(35 ILCS 200/15-168) |
Sec. 15-168. Disabled persons' homestead exemption. |
(a) Beginning with taxable year 2007, an
annual homestead |
|
exemption is granted to disabled persons in
the amount of |
$2,000, except as provided in subsection (c), to
be deducted |
from the property's value as equalized or assessed
by the |
Department of Revenue. The disabled person shall receive
the |
homestead exemption upon meeting the following
requirements: |
(1) The property must be occupied as the primary |
residence by the disabled person. |
(2) The disabled person must be liable for paying the
|
real estate taxes on the property. |
(3) The disabled person must be an owner of record of
|
the property or have a legal or equitable interest in the
|
property as evidenced by a written instrument. In the case
|
of a leasehold interest in property, the lease must be for
|
a single family residence. |
A person who is disabled during the taxable year
is |
eligible to apply for this homestead exemption during that
|
taxable year. Application must be made during the
application |
period in effect for the county of residence. If a
homestead |
exemption has been granted under this Section and the
person |
awarded the exemption subsequently becomes a resident of
a |
facility licensed under the Nursing Home Care Act, the |
Specialized Mental Health Rehabilitation Act, or the ID/DD |
Community Care Act, then the
exemption shall continue (i) so |
long as the residence continues
to be occupied by the |
qualifying person's spouse or (ii) if the
residence remains |
unoccupied but is still owned by the person
qualified for the |
|
homestead exemption. |
(b) For the purposes of this Section, "disabled person"
|
means a person unable to engage in any substantial gainful |
activity by reason of a medically determinable physical or |
mental impairment which can be expected to result in death or |
has lasted or can be expected to last for a continuous period |
of not less than 12 months. Disabled persons filing claims |
under this Act shall submit proof of disability in such form |
and manner as the Department shall by rule and regulation |
prescribe. Proof that a claimant is eligible to receive |
disability benefits under the Federal Social Security Act shall |
constitute proof of disability for purposes of this Act. |
Issuance of an Illinois Disabled Person with a Disability |
Identification Card stating that the claimant is under a Class |
2 disability, as defined in Section 4A of the The Illinois |
Identification Card Act, shall constitute proof that the person |
named thereon is a disabled person for purposes of this Act. A |
disabled person not covered under the Federal Social Security |
Act and not presenting an Illinois a Disabled Person with a |
Disability Identification Card stating that the claimant is |
under a Class 2 disability shall be examined by a physician |
designated by the Department, and his status as a disabled |
person determined using the same standards as used by the |
Social Security Administration. The costs of any required |
examination shall be borne by the claimant. |
(c) For land improved with (i) an apartment building owned
|
|
and operated as a cooperative or (ii) a life care facility as
|
defined under Section 2 of the Life Care Facilities Act that is
|
considered to be a cooperative, the maximum reduction from the
|
value of the property, as equalized or assessed by the
|
Department, shall be multiplied by the number of apartments or
|
units occupied by a disabled person. The disabled person shall
|
receive the homestead exemption upon meeting the following
|
requirements: |
(1) The property must be occupied as the primary |
residence by the
disabled person. |
(2) The disabled person must be liable by contract with
|
the owner or owners of record for paying the apportioned
|
property taxes on the property of the cooperative or life
|
care facility. In the case of a life care facility, the
|
disabled person must be liable for paying the apportioned
|
property taxes under a life care contract as defined in |
Section 2 of the Life Care Facilities Act. |
(3) The disabled person must be an owner of record of a
|
legal or equitable interest in the cooperative apartment
|
building. A leasehold interest does not meet this
|
requirement.
|
If a homestead exemption is granted under this subsection, the
|
cooperative association or management firm shall credit the
|
savings resulting from the exemption to the apportioned tax
|
liability of the qualifying disabled person. The chief county
|
assessment officer may request reasonable proof that the
|
|
association or firm has properly credited the exemption. A
|
person who willfully refuses to credit an exemption to the
|
qualified disabled person is guilty of a Class B misdemeanor.
|
(d) The chief county assessment officer shall determine the
|
eligibility of property to receive the homestead exemption
|
according to guidelines established by the Department. After a
|
person has received an exemption under this Section, an annual
|
verification of eligibility for the exemption shall be mailed
|
to the taxpayer. |
In counties with fewer than 3,000,000 inhabitants, the |
chief county assessment officer shall provide to each
person |
granted a homestead exemption under this Section a form
to |
designate any other person to receive a duplicate of any
notice |
of delinquency in the payment of taxes assessed and
levied |
under this Code on the person's qualifying property. The
|
duplicate notice shall be in addition to the notice required to
|
be provided to the person receiving the exemption and shall be |
given in the manner required by this Code. The person filing
|
the request for the duplicate notice shall pay an
|
administrative fee of $5 to the chief county assessment
|
officer. The assessment officer shall then file the executed
|
designation with the county collector, who shall issue the
|
duplicate notices as indicated by the designation. A
|
designation may be rescinded by the disabled person in the
|
manner required by the chief county assessment officer. |
(e) A taxpayer who claims an exemption under Section 15-165 |
|
or 15-169 may not claim an exemption under this Section.
|
(Source: P.A. 96-339, eff. 7-1-10; 97-38, eff. 6-28-11; 97-227, |
eff. 1-1-12; revised 9-12-11.)
|
Section 20. The Mobile Home Local Services Tax Act is |
amended by changing Section 7 as follows:
|
(35 ILCS 515/7) (from Ch. 120, par. 1207)
|
Sec. 7.
The local services tax for owners of mobile homes |
who (a) are
actually residing in such mobile homes, (b) hold |
title to such mobile
home as provided in the Illinois Vehicle |
Code, and (c) are 65 years of age or older or are disabled
|
persons within the meaning of Section 3.14 of the "Senior |
Citizens and
Disabled Persons Property Tax Relief and |
Pharmaceutical Assistance Act"
on the annual billing date
shall |
be reduced to 80 percent of the tax provided for in Section 3 |
of
this Act. Proof that a claimant has been issued an Illinois |
Disabled
Person with a Disability Identification Card stating |
that the claimant is under a Class 2
disability, as provided in |
Section 4A of the Illinois Identification Card
Act, shall |
constitute proof that the person thereon named is a disabled
|
person within the meaning of this Act. An application for |
reduction of
the tax shall be filed with
the county clerk by |
the individuals who are entitled to the reduction.
If the |
application is filed after May 1, the reduction in tax shall
|
begin with the next annual bill. Application for the reduction |
|
in tax
shall be done by submitting proof that the applicant has |
been issued an
Illinois Disabled Person with a Disability |
Identification Card designating the applicant's
disability as |
a Class 2 disability, or by affidavit in substantially the
|
following form:
|
APPLICATION FOR REDUCTION OF MOBILE HOME LOCAL SERVICES TAX
|
I hereby make application for a reduction to 80% of the |
total tax
imposed under "An Act to provide for a local services
|
tax on mobile homes".
|
(1) Senior Citizens
|
(a) I actually reside in the mobile home ....
|
(b) I hold title to the mobile home as provided in the |
Illinois
Vehicle Code ....
|
(c) I reached the age of 65 on or before either January 1 |
(or July
1) of the year in which this statement is filed. My |
date of birth is: ...
|
(2) Disabled Persons
|
(a) I actually reside in the mobile home...
|
(b) I hold title to the mobile home as provided in the |
Illinois
Vehicle Code ....
|
(c) I was totally disabled on ... and have remained |
disabled until
the date of this application. My Social |
Security, Veterans, Railroad or
Civil Service Total Disability |
Claim Number is ... The undersigned
declares under the penalty |
of perjury that the above statements are true
and correct.
|
Dated (insert date).
|
|
...........................
|
Signature of owner
|
...........................
|
(Address)
|
...........................
|
(City) (State) (Zip)
|
Approved by:
|
.............................
|
(Assessor)
|
This application shall be accompanied by a copy of the |
applicant's
most recent application filed with the Illinois |
Department on Aging
under the Senior Citizens and Disabled |
Persons Property Tax Relief and
Pharmaceutical Assistance Act.
|
(Source: P.A. 96-804, eff. 1-1-10.)
|
Section 25. The Illinois Public Aid Code is amended by |
changing Section 3-1 as follows:
|
(305 ILCS 5/3-1) (from Ch. 23, par. 3-1)
|
Sec. 3-1. Eligibility Requirements. Financial aid in |
meeting basic
maintenance requirements for a livelihood |
compatible with health and
well-being shall be given under this |
Article to or in behalf of aged,
blind, or disabled persons who |
meet the eligibility conditions of Sections
3-1.1 through |
3-1.7. Financial aid under this Article shall be available only
|
|
for persons who are receiving Supplemental Security Income |
(SSI) or who have
been found ineligible for SSI (i) on the |
basis of income or (ii) due to expiration of the period of |
eligibility for refugees and asylees pursuant to 8 U.S.C. |
1612(a)(2).
|
"Aged person" means a person who has attained age 65, as |
demonstrated by
such evidence of age as the Illinois Department |
may by rule prescribe.
|
"Blind person" means a person who has no vision or whose |
vision with
corrective glasses is so defective as to prevent |
the performance of
ordinary duties or tasks for which eyesight |
is essential. The Illinois
Department shall define blindness in |
terms of ophthalmic measurements or
ocular conditions. For |
purposes of this Act, an Illinois Disabled Person
with a |
Disability Identification Card issued pursuant to the The |
Illinois Identification Card
Act, indicating that the person |
thereon named has a Type 3 disability shall
be evidence that |
such person is a blind person within the meaning of this
|
Section; however, such a card shall not qualify such person for |
aid as a
blind person under this Act, and eligibility for aid |
as a blind person
shall be determined as provided in this Act.
|
"Disabled person" means a person age 18 or over who has a |
physical or
mental impairment, disease, or loss which is of a |
permanent nature and
which substantially impairs his ability to |
perform labor or services or to
engage in useful occupations |
for which he is qualified, as determined by
rule and regulation |
|
of the Illinois Department. For purposes of this
Act, an |
Illinois Disabled Person with a Disability Identification Card |
issued pursuant to the The
Illinois Identification Card Act, |
indicating that the person thereon named
has a Type 1 or 2, |
Class 2 disability shall be evidence that such person is
a |
disabled person under this Section; however, such a card shall |
not
qualify such person for aid as a disabled person under this |
Act, and
eligibility for aid as a disabled person shall be |
determined as provided in
this Act. If federal law or |
regulation permit or require the inclusion of
blind or disabled |
persons whose blindness or disability is not of the
degree |
specified in the foregoing definitions, or permit or require |
the
inclusion of disabled persons under age 18 or aged persons |
under age 65,
the Illinois Department, upon written approval of |
the Governor, may provide
by rule that all aged, blind or |
disabled persons toward whose aid federal
funds are available |
be eligible for assistance under this Article as is
given to |
those who meet the foregoing definitions of blind person and
|
disabled person or aged person.
|
(Source: P.A. 96-22, eff. 6-30-09.)
|
Section 30. The Senior Citizens and Disabled Persons |
Property Tax Relief and
Pharmaceutical Assistance Act is |
amended by changing Section 3.14 as follows:
|
(320 ILCS 25/3.14) (from Ch. 67 1/2, par. 403.14)
|
|
Sec. 3.14.
"Disabled person" means a person unable to |
engage in any substantial
gainful activity by reason of a |
medically determinable physical or mental
impairment which can |
be expected to result in death or has lasted or can be
expected |
to last for a continuous period of not less than 12 months.
|
Disabled persons filing claims under this Act shall submit |
proof of
disability in such form and manner as the Department |
shall by rule and
regulation prescribe. Proof that a claimant |
is eligible to receive
disability benefits under the Federal |
Social Security Act shall constitute
proof of disability for |
purposes of this Act. Issuance of an Illinois
Disabled Person |
with a Disability Identification Card stating that the claimant |
is under a
Class 2 disability, as defined in Section 4A of the |
The Illinois Identification
Card Act, shall constitute proof |
that the person named thereon is a
disabled person for purposes |
of this Act. A disabled person not covered
under the Federal |
Social Security Act
and not presenting a Disabled Person |
Identification Card stating that
the claimant is under a Class |
2 disability
shall be examined by a physician
designated by the |
Department, and his status as a disabled person
determined |
using the same standards as used by the Social Security
|
Administration. The costs of any required examination shall be |
borne by the
claimant.
|
(Source: P.A. 83-1421.)
|
Section 35. The Fish and Aquatic Life Code is amended by |
|
changing Section 20-5 as follows:
|
(515 ILCS 5/20-5) (from Ch. 56, par. 20-5)
|
Sec. 20-5. Necessity of license; exemptions.
|
(a) Any person taking or attempting to take any fish,
|
including minnows for commercial purposes, turtles, mussels, |
crayfish, or
frogs by any means whatever in any waters or lands |
wholly or in part
within the jurisdiction of the State, |
including that part of Lake
Michigan under the jurisdiction of |
this State, shall first obtain a
license to do so, and shall do |
so only during the respective
periods of the year when it shall |
be lawful as provided in this Code.
Individuals under 16, blind |
or disabled residents, or individuals fishing at
fee fishing |
areas licensed by the Department, however, may fish with sport
|
fishing devices without being required to have a license. For |
the purpose of this
Section
an individual is blind or disabled |
if that individual has a Class 2 disability
as defined in |
Section 4A of the Illinois Identification Card Act. For |
purposes
of this Section an Illinois Disabled Person with a |
Disability Identification Card issued under
the Illinois |
Identification Card Act indicating that the individual named on
|
the card has a Class 2 disability shall be adequate |
documentation of a
disability.
|
(b) A courtesy non-resident sport fishing license or stamp |
may be issued
at
the discretion of the Director, without fee, |
to (i) any individual officially
employed in the wildlife and |
|
fish or conservation department of another
state or of the |
United States who is within the State to assist or
consult or |
cooperate with the Director or (ii) the officials of other
|
states, the United States, foreign countries, or officers or
|
representatives of conservation organizations or publications |
while in
the State as guests of the Governor or Director.
|
(c) The Director may issue special fishing permits without |
cost to
groups of hospital patients or handicapped individuals |
for
use on specified dates in connection with supervised |
fishing for therapy.
|
(d) Veterans who, according to the determination of the |
Veterans'
Administration as certified by the Department of |
Veterans' Affairs, are at
least 10% disabled with |
service-related disabilities or in receipt of total
disability |
pensions may fish with sport fishing devices
during those |
periods of
the year it is lawful to do so without being |
required to have a license,
on the condition that their |
respective disabilities do not prevent them
from fishing in a |
manner which is safe to themselves and others.
|
(e) Each year the Director may designate a period, not to |
exceed 4 days
in duration, when sport fishermen may fish waters |
wholly or in
part within the
jurisdiction of the State, |
including that part of Lake Michigan under the
jurisdiction of |
the State, and not be required to obtain the license or
stamp |
required by subsection (a) of this Section, Section 20-10 or
|
subsection (a) of Section 20-55. The term of any such period |
|
shall be
established by administrative rule.
This subsection |
shall not apply to commercial fishing.
|
(f) The Director may issue special fishing permits without |
cost for a
group event, restricted to specific dates and |
locations if it is determined by
the Department that the event |
is beneficial in promoting sport fishing in
Illinois.
|
(Source: P.A. 89-66, eff. 1-1-96; 90-743, eff. 1-1-99.)
|
Section 40. The Wildlife Code is amended by changing |
Section 3.1 as follows:
|
(520 ILCS 5/3.1) (from Ch. 61, par. 3.1) |
Sec. 3.1. License and stamps required. |
(a) Before any person shall take or attempt to take any of |
the species
protected by Section 2.2 for which an open season |
is established under this
Act, he shall first have procured and |
possess a valid hunting license, except as provided in Section |
3.1-5 of this Code. |
Before any person 16 years of age or older shall take or
|
attempt to take any bird of the species defined as migratory |
waterfowl by
Section 2.2, including coots, he shall first have |
procured a State
Migratory Waterfowl Stamp. |
Before any person 16 years of age or older takes, attempts |
to take, or
pursues any species of wildlife protected by this |
Code, except migratory
waterfowl, coots, and hand-reared birds |
on licensed game breeding and hunting
preserve areas and state |
|
controlled pheasant hunting areas, he or she shall
first obtain |
a State Habitat Stamp. Disabled veterans and former prisoners |
of
war shall not be required to obtain State Habitat Stamps. |
Any person who
obtained a lifetime license before January 1, |
1993, shall not be required to
obtain State Habitat Stamps. |
Income from the sale of State Furbearer Stamps and
State |
Pheasant Stamps received after the effective date of this |
amendatory Act
of 1992 shall be deposited into the State |
Furbearer Fund and State Pheasant
Fund, respectively. |
Before any person 16 years of age or older shall take, |
attempt to
take, or sell the green hide of any mammal of the |
species defined as
fur-bearing mammals by Section 2.2 for which |
an open season is established
under this Act, he shall first |
have procured a State Habitat Stamp. |
(b) Before any person who is a non-resident of the State of |
Illinois
shall take or attempt to take any of the species |
protected by Section
2.2
for which an open season is |
established under this Act, he shall,
unless specifically |
exempted by law, first procure a non-resident
license as |
provided by this Act for the taking of any wild game. |
Before a nonresident shall take or attempt to take |
white-tailed deer,
he shall first have procured a Deer Hunting |
Permit as defined in Section
2.26 of this Code. |
Before a nonresident shall take or attempt to take wild |
turkeys, he
shall have procured a Wild Turkey Hunting Permit as |
defined in Section 2.11
of this Code. |
|
(c) The owners residing on, or bona fide tenants of, farm |
lands and their
children, parents, brothers, and sisters |
actually permanently residing on
their lands shall have the |
right to hunt any of the species protected by
Section 2.2 upon |
their lands and waters without procuring hunting licenses;
but |
the hunting shall be done only during periods of time and with |
devices
and by methods as are permitted by this Act. Any person |
on active duty
with the Armed Forces of the United States who |
is now and who was at the
time of entering the Armed Forces a |
resident of Illinois and who entered
the Armed Forces from this |
State, and who is presently on ordinary or emergency leave
from |
the Armed Forces, and any resident of Illinois who is disabled |
may hunt
any of the species protected by Section 2.2 without |
procuring a hunting
license, but the hunting shall be done only |
during such periods of time and
with devices and by methods as |
are permitted by this Act. For the purpose of
this Section a |
person is disabled when that person has a Type 1 or Type 4,
|
Class 2 disability as defined in Section 4A of the Illinois |
Identification Card
Act. For purposes of this Section, an |
Illinois Disabled Person with a Disability Identification
Card |
issued pursuant to the Illinois Identification Card Act |
indicating that
the person named has a Type 1 or Type 4, Class |
2 disability shall be adequate
documentation of the disability. |
(d) A courtesy non-resident license, permit, or stamp for |
taking game
may be issued at the
discretion of the Director, |
without fee, to any person officially employed
in the game and |
|
fish or conservation department of another state or of the
|
United States who is within the State to assist or consult or |
cooperate
with the Director; or to the officials of other |
states, the United States,
foreign countries, or officers or |
representatives of conservation
organizations or publications |
while in the State as guests of the Governor
or Director. The |
Director may provide to nonresident participants and
official |
gunners at field trials an exemption from licensure while
|
participating in a field trial. |
(e) State Migratory Waterfowl Stamps shall be required for |
those persons
qualifying under subsections (c) and (d) who |
intend to hunt migratory
waterfowl, including coots, to the |
extent that hunting licenses of the
various types are |
authorized and required by this Section for those persons. |
(f) Registration in the U.S. Fish and Wildlife Migratory |
Bird Harvest
Information Program shall be required for those |
persons who are required to
have a hunting license before |
taking
or attempting to take any bird of the species defined as |
migratory game birds
by Section 2.2, except that this |
subsection shall not apply to crows in this
State
or |
hand-reared birds on licensed game breeding and hunting |
preserve areas, for
which an open season is established by this |
Act. Persons registering with the
Program must carry proof of |
registration with them while migratory bird
hunting. |
The Department shall publish suitable prescribed |
regulations pertaining to
registration by the migratory bird |
|
hunter in the U.S. Fish and Wildlife Service
Migratory Bird |
Harvest Information Program. |
(Source: P.A. 96-1226, eff. 1-1-11.)
|
Section 45. The Illinois Vehicle Code is amended by |
changing Section 3-616 as follows:
|
(625 ILCS 5/3-616) (from Ch. 95 1/2, par. 3-616)
|
Sec. 3-616. Disability license plates.
|
(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,
|
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
with a |
Disability Identification Card issued pursuant to the Illinois |
Identification Card Act
indicating that the person thereon |
named has a disability shall be adequate
documentation of such |
a disability.
|
(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
|
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
|
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.
|
(c) The Secretary may issue a
parking decal or
device to a |
person with disabilities as defined by Section 1-159.1 without
|
regard to qualification of such person with disabilities for a |
driver's license
or registration of a vehicle by such person |
with disabilities or such person's
immediate family, provided |
such person with disabilities making such a request
has been |
issued an Illinois a Disabled Person with a Disability |
Identification Card indicating that the
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
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.
|
(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
|
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.
|
(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.
|
(f) The Secretary of State, upon application, shall issue |
disability registration plates or a parking decal to
|
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.
|
(g) The Secretary of State, or his designee, may enter into
|
|
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
|
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 |
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.
|
(Source: P.A. 94-619, eff. 1-1-06; 95-762, eff. 1-1-09.)
|
Section 50. The Jury Act is amended by changing Sections 1, |
1a, and 1b as follows:
|
(705 ILCS 305/1) (from Ch. 78, par. 1)
|
Sec. 1.
The county board of each county, except those |
counties which
have a jury administrator or
jury commissioners
|
as provided in the Jury Commission Act, shall, at or before the |
time of its
meeting, in
September, in each year, or at any time |
thereafter, when necessary for
the purpose of this Act, make a |
|
list of the legal voters and the
Illinois driver's license, |
Illinois Identification Card, and Illinois
Disabled Person |
with a Disability Identification Card holders, and the |
claimants for unemployment insurance of the county, giving the |
place
of
residence of each name on the list, to be known as a |
jury list. The list
shall be made by choosing every tenth name, |
or other whole number rate
necessary to obtain the number |
required, from the latest voter registration
and drivers |
license, Illinois Identification Card, and Illinois Disabled
|
Person with a Disability Identification Card holders and |
claimants for unemployment insurance lists of the county. In |
compiling the jury
list, duplication of names shall be avoided |
to the extent practicable.
|
As used in this Act, "jury administrator" is defined as |
under Section 0.05
of the Jury Commission Act.
|
(Source: P.A. 97-34, eff. 1-1-12.)
|
(705 ILCS 305/1a) (from Ch. 78, par. 1a)
|
Sec. 1a.
Driver's license, Illinois Identification Card, |
and Illinois
Disabled Person with a Disability Identification |
Card lists. Driver's license, Illinois
Identification Card, |
and Illinois Disabled Person with a Disability Identification |
Card
holder's lists used
for the preparation of jury lists, as |
provided in Section 1 of this Act,
shall be furnished to either |
the Administrative Office of the Illinois
Courts, or the county |
board of each county, except those counties
which have jury |
|
commissioners as provided in the Jury Commission Act, by the |
Secretary of State from records
in his office. The lists shall |
contain a list of the persons in
that county
holding valid |
driver's licenses, Illinois Identification Cards, or Illinois
|
Disabled Person with a Disability Identification Cards who are |
18 years of age or older and
shall
be arranged alphabetically, |
by county, and shall contain the name, age , and
address of each |
driver's license, Illinois Identification Card, or Illinois
|
Disabled Person with a Disability Identification Card holder on |
the list, and the date of
issuance of each license.
|
(Source: P.A. 88-27.)
|
(705 ILCS 305/1b) (from Ch. 78, par. 1b)
|
Sec. 1b.
The combination of the lists of registered voters, |
driver's
license, Illinois Identification Card, or Illinois |
Disabled Person
with a Disability Identification Card holders, |
and claimants for unemployment insurance and the preparation of |
jury lists under this Act
shall,
when requested by the Chief |
Judge or his designee, be accomplished through
the services of |
the Administrative Office of the Illinois Courts.
|
(Source: P.A. 97-34, eff. 1-1-12.)
|
Section 55. The Jury Commission Act is amended by changing |
Sections 2 and 2a as follows:
|
(705 ILCS 310/2) (from Ch. 78, par. 25)
|
|
Sec. 2.
In a county
with a population of at least 3,000,000 |
in which a jury administrator
or jury commissioners have been |
appointed, the
jury administrator or commissioners, upon
|
entering upon the duties of their office, and every 4 years |
thereafter,
shall prepare a list of all legal voters and all
|
Illinois driver's license, Illinois Identification Card, and |
Illinois
Disabled Person with a Disability Identification Card |
holders, and claimants for unemployment insurance of each town |
or precinct of the
county possessing the necessary legal |
qualifications for jury duty, to be
known as the jury list. In |
a county with a population of less than
3,000,000 in which
a |
jury administrator or
jury commissioners have been appointed, |
the
jury administrator or
jury
commissioners upon entering upon |
the duties of their office, and each year
thereafter, shall |
prepare a list of all Illinois driver's license, Illinois
|
Identification Card, and Illinois Disabled Person with a |
Disability Identification Card holders, all claimants for |
unemployment insurance,
and all registered voters of the county |
to be known as the jury list.
|
The jury list may be revised and amended annually in the |
discretion of
the commissioners or jury administrator.
Any
|
record kept by the jury commissioners or jury administrator
for |
over 4
years may be destroyed at their discretion. The name of |
each person on
the list shall be entered in a book or books to |
be kept for that
purpose, and opposite the name shall be |
entered his or her age and
place of residence, giving street |
|
and number, if any.
|
The Director of the Department of Employment Security shall |
annually compile a list of persons who, in the prior 12 months, |
filed a claim for unemployment insurance which shall be sent to |
the Administrative Office of the Illinois Courts and the |
Administrative Office of the Illinois Courts shall furnish that |
list to the jury administrator or jury commissioners, as |
provided in Section 1a-1 of the Jury Act. The list shall be in |
the format currently prescribed by the Administrative Office of |
the Illinois Courts and shall be provided subject to federal |
regulations. The
jury administrator,
jury commissioners, or |
the Administrative Office of the Illinois
Courts shall receive |
an up-to-date list of Illinois driver's
license, Illinois |
Identification Card, and Illinois Disabled Person
with a |
Disability Identification Card holders from the Secretary of |
State as provided in
Section 1a of the Jury Act. In compiling |
the jury list,
duplication of names shall be avoided to the |
extent practicable.
|
Whenever the name of a registered voter or an Illinois |
driver's license,
Illinois Identification Card, or Illinois |
Disabled Person
with a Disability Identification Card holder, |
or a claimant for unemployment insurance appearing upon this |
jury list is transferred to
the active jury list in the manner |
prescribed by Section 8 of this Act, the
following additional
|
information shall be recorded after the name of the voter: the |
age
of the voter, his or her occupation, if any, whether or not |
|
he or she is a
resident residing with his or her family and |
whether or not he or she is an
owner or life tenant of real |
estate in the county.
|
(Source: P.A. 97-34, eff. 1-1-12.)
|
(705 ILCS 310/2a) (from Ch. 78, par. 25a)
|
Sec. 2a.
The combination of the lists of registered voters,
|
driver's license, Illinois Identification Card, and Illinois |
Disabled Person
with a Disability Identification Card holders, |
and claimants for unemployment insurance and the preparation of |
jury lists under this Act
shall, when requested by the Chief |
Judge or his designee, be accomplished
through the services of |
the Administrative Office of the Illinois Courts.
|
(Source: P.A. 97-34, eff. 1-1-12.)
|
Section 99. Effective date. This Act takes effect January |
1, 2013.
|
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INDEX
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Statutes amended in order of appearance
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