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