Bill Text: IL HB4531 | 2011-2012 | 97th General Assembly | Chaptered


Bill Title: Amends the Illinois Identification Card Act. Removes provisions authorizing the Secretary of State to provide by rule for the issuance of an identification card without photograph if the applicant has a bona fide religious objection to being photographed or to the display of his or her photograph. Substitutes the term "person with a disability" for the term "disabled person". Redefines the terms "developmental disability", "visual disability", "physical disability", and "mental disability". Provides that blindness is a Class 1A disability. Changes the name of the Illinois Disabled Person Identification Card to the Illinois Person with a Disability Identification Card. Makes conforming changes in the Election Code, Property Tax Code, Mobile Home Local Services Tax Act, Illinois Public Aid Code, Senior Citizens and Disabled Persons Property Tax Relief and Pharmaceutical Assistance Act, Fish and Aquatic Life Code, Wildlife Code, Illinois Vehicle Code, Jury Act, and Jury Commission Act. Effective January 1, 2013.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Passed) 2012-08-24 - Public Act . . . . . . . . . 97-1064 [HB4531 Detail]

Download: Illinois-2011-HB4531-Chaptered.html



Public Act 097-1064
HB4531 EnrolledLRB097 18177 JDS 63401 b
AN ACT concerning State government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Election Code is amended by changing
Sections 17-14 and 19-12.1 as follows:
(10 ILCS 5/17-14) (from Ch. 46, par. 17-14)
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
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
voter who declares upon oath, properly witnessed, that by
reason of any physical disability he is unable to mark his
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
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
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.
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.
(Source: P.A. 94-25, eff. 1-1-06.)
(10 ILCS 5/19-12.1) (from Ch. 46, par. 19-12.1)
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
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
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.
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.
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
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
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.
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
card to the county clerk or board of election commissioners
before the next election.
The holder of a disabled voter's or nursing home resident's
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
included in the form of application for ballot by a physically
incapacitated elector prescribed in Section 19-3 except that it
shall also include the applicant's disabled voter's
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
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
prescribed by Section 19-5.
Any person who knowingly subscribes to a false statement in
connection with voting under this Section shall be guilty of a
Class A misdemeanor.
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.)
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:
(15 ILCS 335/2) (from Ch. 124, par. 22)
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.
(b) The Secretary is vested with the powers and duties for
the proper administration of this Act as follows:
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.
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.
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.
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.
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.
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.
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.
(Source: P.A. 96-183, eff. 7-1-10.)
(15 ILCS 335/4) (from Ch. 124, par. 24)
Sec. 4. Identification Card.
(a) The Secretary of State shall issue a standard Illinois
Identification Card to any natural person who is a resident of
the State of Illinois who applies for such card, or renewal
thereof, or who applies for a standard Illinois Identification
Card upon release as a committed person on parole, mandatory
supervised release, final discharge, or pardon from the
Department of Corrections by submitting an identification card
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
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
identification card, driver's license, and instruction permit
records maintained by the Secretary. The Secretary may
promulgate rules to implement this provision.
(b) The Secretary of State shall issue a special Illinois
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
surrenders to the Secretary of State the valid foreign state
identification card, license, or permit. The Secretary of State
shall charge no fee to issue such card. The card shall be
prepared and supplied by the Secretary of State, and shall
include a photograph and signature or mark of the applicant, a
designation indicating that the card is an Illinois Disabled
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
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.
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
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
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
Card, or evidence that the Secretary of State has issued an
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.
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.
(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
shall be at the discretion of the Secretary of State.
(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.
(d) The Secretary of State may issue a Senior Citizen
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
card and prior to its use for any purpose, shall have affixed
thereon in the space provided therefor his signature or mark.
(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.
(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.)
(15 ILCS 335/4A) (from Ch. 124, par. 24A)
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:
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.
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
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
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.
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
presence of a visual disability.
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
presence of a hearing disability.
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.
(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
shall establish standards not inconsistent with this Section
necessary to determine the presence of a Class 1 disability.
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
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 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.
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.
(Source: P.A. 97-227, eff. 1-1-12.)
(15 ILCS 335/5) (from Ch. 124, par. 25)
Sec. 5. Applications. Any natural person who is a resident
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
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.
(Source: P.A. 96-1231, eff. 7-23-10; 97-371, eff. 1-1-12.)
(15 ILCS 335/6A) (from Ch. 124, par. 26A)
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
class of disability thereafter applicable.
(Source: P.A. 83-1421.)
(15 ILCS 335/7) (from Ch. 124, par. 27)
Sec. 7. Duplicate and corrected cards.
(a) In the event an identification card is lost or
destroyed, or if there is a correction of legal name or
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
corrected card. Any application for a corrected card shall be
accompanied by the original card being corrected.
(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
identification card under Section 13 of this Act.
(Source: P.A. 93-895, eff. 1-1-05.)
(15 ILCS 335/8) (from Ch. 124, par. 28)
Sec. 8. Expiration.
(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.
INDEX
Statutes amended in order of appearance