Bill Amendment: IL HB5049 | 2021-2022 | 102nd General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: ATTY GEN-MEDICAID FRAUD

Status: 2022-12-06 - Public Act . . . . . . . . . 102-1103 [HB5049 Detail]

Download: Illinois-2021-HB5049-Senate_Amendment_002.html

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Sen. Ram Villivalam

Filed: 11/30/2022

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AMENDMENT TO HOUSE BILL 5049
AMENDMENT NO. ______. Amend House Bill 5049 by replacing
everything after the enacting clause with the following:
"Section 5. The Illinois Vehicle Code is amended by
changing Sections 3-616, 6-109, 11-1301.2, 11-1301.4, and
11-1301.5 and by adding Section 3-606.5 as follows:
(625 ILCS 5/3-606.5 new)
Sec. 3-606.5. Retired Executive Branch Constitutional
Officers. Upon receipt of a request from a retired executive
branch constitutional officer, accompanied by the appropriate
application and fee, the Secretary of State shall issue to the
retired executive branch constitutional officer plates bearing
appropriate wording or abbreviations indicating that the
holder is a retired executive branch constitutional officer
and the office held. Such plates may be issued for a 2-year
period beginning on January 1 of each odd-numbered year and

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ending on December 31 of the subsequent even-numbered year.
Upon the death of a retired executive branch constitutional
officer who has been issued a retired executive branch
constitutional officer plate, the retired executive branch
constitutional officer's surviving spouse shall be entitled to
retain the plate so long as the surviving spouse is a resident
of Illinois and transfers the registration to his or her name
within 90 days of the death of the retired executive branch
constitutional officer. For purposes of this Section, "retired
executive branch constitutional officer" means any individual
who has served at least one full term of office as (i)
Governor; (ii) Lieutenant Governor; (iii) Attorney General;
(iv) Secretary of State; (v) Comptroller; or (vi) Treasurer;
and who was not removed from office pursuant to Section 14 of
Article IV of the Illinois Constitution of 1970.
(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

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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 medical
professional physician, by a licensed physician assistant, or
by a licensed advanced practice registered nurse, to the
effect that such person is a person with disabilities as
provided under 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 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

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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 licensed medical
professional's physician's, physician assistant's, or advanced
practice registered 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 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 medical professional physician, or by
a licensed physician assistant or a licensed advanced practice
registered nurse as provided in subsection (a), to the effect
that such person is a person with disabilities as provided

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under 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 licensed medical professional,
physician, or the physician assistant or advanced practice
registered 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

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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
residents of this State with disabilities 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 residents of this State with
disabilities 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.
(h) For purposes of this Section, "licensed medical

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professional" means any licensed professional specified under
Section 1-159.1 of this Code for purposes of determining or
certifying whether a person is a person with disabilities.
(Source: P.A. 99-143, eff. 7-27-15; 99-173, eff. 7-29-15;
99-642, eff. 7-28-16; 100-513, eff. 1-1-18.)
(625 ILCS 5/6-109)
Sec. 6-109. Examination of applicants.
(a) The Secretary of State shall examine every applicant
for a driver's license or permit who has not been previously
licensed as a driver under the laws of this State or any other
state or country, or any applicant for renewal of such
driver's license or permit when such license or permit has
been expired for more than one year. The Secretary of State
shall, subject to the provisions of paragraph (c), examine
every licensed driver at least every 8 years, and may examine
or re-examine any other applicant or licensed driver, provided
that during the years 1984 through 1991 those drivers issued a
license for 3 years may be re-examined not less than every 7
years or more than every 10 years.
The Secretary of State shall require the testing of the
eyesight of any driver's license or permit applicant who has
not been previously licensed as a driver under the laws of this
State and shall promulgate rules and regulations to provide
for the orderly administration of all the provisions of this
Section.

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The Secretary of State shall include at least one test
question that concerns the provisions of the Pedestrians with
Disabilities Safety Act in the question pool used for the
written portion of the driver's license examination within one
year after July 22, 2010 (the effective date of Public Act
96-1167).
The Secretary of State shall include, in the question pool
used for the written portion of the driver's license
examination, test questions concerning safe driving in the
presence of bicycles, of which one may be concerning the Dutch
Reach method as described in Section 2-112.
The Secretary of State shall include, in the question pool
used for the written portion of the driver's license
examination, at least one test question concerning driver
responsibilities when approaching a stationary emergency
vehicle as described in Section 11-907.
(b) Except as provided for those applicants in paragraph
(c), such examination shall include a test of the applicant's
eyesight, his or her ability to read and understand official
traffic control devices, his or her knowledge of safe driving
practices and the traffic laws of this State, and may include
an actual demonstration of the applicant's ability to exercise
ordinary and reasonable control of the operation of a motor
vehicle, and such further physical and mental examination as
the Secretary of State finds necessary to determine the
applicant's fitness to operate a motor vehicle safely on the

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highways, except the examination of an applicant 79 75 years
of age or older shall include an actual demonstration of the
applicant's ability to exercise ordinary and reasonable
control of the operation of a motor vehicle. All portions of
written and verbal examinations under this Section, excepting
where the English language appears on facsimiles of road
signs, may be given in the Spanish language and, at the
discretion of the Secretary of State, in any other language as
well as in English upon request of the examinee. Deaf persons
who are otherwise qualified are not prohibited from being
issued a license, other than a commercial driver's license,
under this Code.
(c) Re-examination for those applicants who at the time of
renewing their driver's license possess a driving record
devoid of any convictions of traffic violations or evidence of
committing an offense for which mandatory revocation would be
required upon conviction pursuant to Section 6-205 at the time
of renewal shall be in a manner prescribed by the Secretary in
order to determine an applicant's ability to safely operate a
motor vehicle, except that every applicant for the renewal of
a driver's license who is 79 75 years of age or older must
prove, by an actual demonstration, the applicant's ability to
exercise reasonable care in the safe operation of a motor
vehicle.
(d) In the event the applicant is not ineligible under the
provisions of Section 6-103 to receive a driver's license, the

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Secretary of State shall make provision for giving an
examination, either in the county where the applicant resides
or at a place adjacent thereto reasonably convenient to the
applicant, within not more than 30 days from the date said
application is received.
(e) The Secretary of State may adopt rules regarding the
use of foreign language interpreters during the application
and examination process.
(Source: P.A. 100-770, eff. 1-1-19; 100-962, eff. 1-1-19;
101-81, eff. 7-12-19; 101-174, eff. 1-1-20.)
(625 ILCS 5/11-1301.2) (from Ch. 95 1/2, par. 11-1301.2)
Sec. 11-1301.2. Special decals for parking; persons with
disabilities.
(a) The Secretary of State shall provide for, by
administrative rules, the design, size, color, and placement
of a person with disabilities motorist decal or device and
shall provide for, by administrative rules, the content and
form of an application for a person with disabilities motorist
decal or device, which shall be used by local authorities in
the issuance thereof to a person with temporary disabilities,
provided that the decal or device is valid for no more than 90
days, subject to renewal for like periods based upon continued
disability, and further provided that the decal or device
clearly sets forth the date that the decal or device expires.
The application shall include the requirement of an Illinois

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Identification Card number or a State of Illinois driver's
license number or, if the applicant does not have an
identification card or driver's license number, then the
applicant may use a valid identification number issued by a
branch of the U.S. military or a federally issued Medicare or
Medicaid identification number. This decal or device may be
used by the authorized holder to designate and identify a
vehicle not owned or displaying a registration plate or
digital registration plate as provided in Sections 3-609 and
3-616 of this Act to designate when the vehicle is being used
to transport said person or persons with disabilities, and
thus is entitled to enjoy all the privileges that would be
afforded a person with disabilities licensed vehicle. Person
with disabilities decals or devices issued and displayed
pursuant to this Section shall be recognized and honored by
all local authorities regardless of which local authority
issued such decal or device.
The decal or device shall be issued only upon a showing by
adequate documentation that the person for whose benefit the
decal or device is to be used has a disability as defined in
Section 1-159.1 of this Code and the disability is temporary.
(a-5) The Secretary may provide a disabilities motorist
decal or device to an expectant mother during her third
trimester. An application under this subsection is subject to
application requirements under subsection (a). The decal or
device shall be valid for no more than 90 days, and shall

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clearly set forth the date that the decal or device expires.
The decal or device shall be issued only upon a showing by
adequate documentation that the expectant mother has entered
her third trimester.
(b) The local governing authorities shall be responsible
for the provision of such decal or device, its issuance and
designated placement within the vehicle. The cost of such
decal or device shall be at the discretion of such local
governing authority.
(c) The Secretary of State may, pursuant to Section
3-616(c), issue a person with disabilities parking decal or
device to a person with disabilities as defined by Section
1-159.1. Any person with disabilities parking decal or device
issued by the Secretary of State shall be registered to that
person with disabilities in the form to be prescribed by the
Secretary of State. The person with disabilities parking decal
or device shall not display that person's address. One
additional decal or device may be issued to an applicant upon
his or her written request and with the approval of the
Secretary of State. The written request must include a
justification of the need for the additional decal or device.
(c-5) Beginning January 1, 2014, the Secretary shall
provide by administrative rule for the issuance of a separate
and distinct parking decal or device for persons with
disabilities as defined by Section 1-159.1 of this Code and
who meet the qualifications under this subsection. The

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authorized holder of a decal or device issued under this
subsection (c-5) shall be exempt from the payment of fees
generated by parking in a metered space, a parking area
subject to paragraph (10) of subsection (a) of Section 11-209
of this Code, or a publicly owned parking area.
The Secretary shall issue a meter-exempt decal or device
to a person with disabilities who: (i) has been issued
registration plates or digital registration plates under
subsection (a) of Section 3-609 or Section 3-616 of this Code
or a special decal or device under this Section, (ii) holds a
valid Illinois driver's license, and (iii) is unable to do one
or more of the following:
(1) manage, manipulate, or insert coins, or obtain
tickets or tokens in parking meters or ticket machines in
parking lots, due to the lack of fine motor control of both
hands;
(2) reach above his or her head to a height of 42
inches from the ground, due to a lack of finger, hand, or
upper extremity strength or mobility;
(3) approach a parking meter due to his or her use of a
wheelchair or other device for mobility; or
(4) walk more than 20 feet due to an orthopedic,
neurological, cardiovascular, or lung condition in which
the degree of debilitation is so severe that it almost
completely impedes the ability to walk.
The application for a meter-exempt parking decal or device

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shall contain a statement certified by a licensed medical
professional, as specified under Section 1-159.1 of this Code,
physician, physician assistant, or advanced practice
registered nurse attesting to the permanent nature of the
applicant's condition and verifying that the applicant meets
the physical qualifications specified in this subsection
(c-5).
Notwithstanding the requirements of this subsection (c-5),
the Secretary shall issue a meter-exempt decal or device to a
person who has been issued registration plates or digital
registration plates under Section 3-616 of this Code or a
special decal or device under this Section, if the applicant
is the parent or guardian of a person with disabilities who is
under 18 years of age and incapable of driving.
(d) Replacement decals or devices may be issued for lost,
stolen, or destroyed decals upon application and payment of a
$10 fee. The replacement fee may be waived for individuals
that have claimed and received a grant under the Senior
Citizens and Persons with Disabilities Property Tax Relief
Act.
(e) A person classified as a veteran under subsection (e)
of Section 6-106 of this Code that has been issued a decal or
device under this Section shall not be required to submit
evidence of disability in order to renew that decal or device
if, at the time of initial application, he or she submitted
evidence from his or her physician or the Department of

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Veterans' Affairs that the disability is of a permanent
nature. However, the Secretary shall take reasonable steps to
ensure the veteran still resides in this State at the time of
the renewal. These steps may include requiring the veteran to
provide additional documentation or to appear at a Secretary
of State facility. To identify veterans who are eligible for
this exemption, the Secretary shall compare the list of the
persons who have been issued a decal or device to the list of
persons who have been issued a vehicle registration plate or
digital registration plate for veterans with disabilities
under Section 3-609 of this Code, or who are identified as a
veteran on their driver's license under Section 6-110 of this
Code or on their identification card under Section 4 of the
Illinois Identification Card Act.
(Source: P.A. 101-395, eff. 8-16-19; 102-453, eff. 1-1-22.)
(625 ILCS 5/11-1301.4) (from Ch. 95 1/2, par. 11-1301.4)
Sec. 11-1301.4. Reciprocal agreements with other
jurisdictions; temporary decal.
(a) 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
residents of this State with disabilities who display a
special license plate or parking device that contains the
International symbol of access on his or her motor vehicle,

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and to recognize such plates or devices issued by such other
jurisdictions. This State shall grant the same parking
privileges which are granted to residents of this State with
disabilities 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.
(b) The Secretary may issue a one-time decal or device to
any non-resident of this State who is a person with
disabilities and who is displaced from another jurisdiction
due to a national disaster as declared by the federal
government. The person shall provide the Secretary proof that
he or she is residing at an Illinois residence for the duration
of his or her time in this State and proof of disability,
including, but not limited to, a device or decal issued by
another jurisdiction, a designation on a driver's license or
identification card issued by another jurisdiction, or a
medical certification by an Illinois licensed medical
professional, as specified under Section 1-159.1 of this Code
physician, physician assistant, or advanced practice
registered nurse. A device or decal issued under this
subsection (b) shall be valid for a period not to exceed 6
months.
(Source: P.A. 99-143, eff. 7-27-15; 100-702, eff. 1-1-19.)

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(625 ILCS 5/11-1301.5)
Sec. 11-1301.5. Fictitious or unlawfully altered
disability license plate or parking decal or device.
(a) As used in this Section:
"Fictitious disability license plate or parking decal or
device" means any issued disability license plate or parking
decal or device, or any license plate issued to a veteran with
a disability under Section 3-609 of this Code, that has been
issued by the Secretary of State or an authorized unit of local
government that was issued based upon false information
contained on the required application.
"False information" means any incorrect or inaccurate
information concerning the name, date of birth, social
security number, driver's license number, military
identification number, Medicaid or Medicare identification
number, medical professional physician certification, or any
other information required on the Persons with Disabilities
Certification for Plate or Parking Placard, on the Application
for Replacement Disability Parking Placard, or on the
application for license plates issued to veterans with
disabilities under Section 3-609 of this Code, that falsifies
the content of the application.
"Unlawfully altered disability license plate or parking
permit or device" means any disability license plate or
parking permit or device, or any license plate issued to a

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veteran with a disability under Section 3-609 of this Code,
issued by the Secretary of State or an authorized unit of local
government that has been physically altered or changed in such
manner that false information appears on the license plate or
parking decal or device.
"Authorized holder" means an individual issued a
disability license plate under Section 3-616 of this Code or
an individual issued a parking decal or device under Section
11-1301.2 of this Code, or an individual issued a license
plate for veterans with disabilities under Section 3-609 of
this Code.
(b) It is a violation of this Section for any person:
(1) to knowingly possess any fictitious or unlawfully
altered disability license plate or parking decal or
device;
(2) to knowingly issue or assist in the issuance of,
by the Secretary of State or unit of local government, any
fictitious disability license plate or parking decal or
device;
(3) to knowingly alter any disability license plate or
parking decal or device;
(4) to knowingly manufacture, possess, transfer, or
provide any documentation used in the application process
whether real or fictitious, for the purpose of obtaining a
fictitious disability license plate or parking decal or
device;

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(5) to knowingly provide any false information to the
Secretary of State or a unit of local government in order
to obtain a disability license plate or parking decal or
device;
(6) to knowingly transfer a disability license plate
or parking decal or device for the purpose of exercising
the privileges granted to an authorized holder of a
disability license plate or parking decal or device under
this Code in the absence of the authorized holder; or
(7) who is a licensed medical professional, as
specified under Section 1-159.1 of this Code, physician,
physician assistant, or advanced practice registered nurse
to knowingly falsify a certification that a person is a
person with disabilities as defined by Section 1-159.1 of
this Code.
(c) Sentence.
(1) Any person convicted of a violation of paragraph
(1), (2), (3), (4), (5), or (7) of subsection (b) of this
Section shall be guilty of a Class A misdemeanor and fined
not less than $1,000 for a first offense and shall be
guilty of a Class 4 felony and fined not less than $2,000
for a second or subsequent offense. Any person convicted
of a violation of subdivision (b)(6) of this Section is
guilty of a Class A misdemeanor and shall be fined not less
than $1,000 for a first offense and not less than $2,000
for a second or subsequent offense. The circuit clerk

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shall distribute one-half of any fine imposed on any
person who is found guilty of or pleads guilty to
violating this Section, including any person placed on
court supervision for violating this Section, to the law
enforcement agency that issued the citation or made the
arrest. If more than one law enforcement agency is
responsible for issuing the citation or making the arrest,
one-half of the fine imposed shall be shared equally.
(2) Any person who commits a violation of this Section
or a similar provision of a local ordinance may have his or
her driving privileges suspended or revoked by the
Secretary of State for a period of time determined by the
Secretary of State. The Secretary of State may suspend or
revoke the parking decal or device or the disability
license plate of any person who commits a violation of
this Section.
(3) Any police officer may seize the parking decal or
device from any person who commits a violation of this
Section. Any police officer may seize the disability
license plate upon authorization from the Secretary of
State. Any police officer may request that the Secretary
of State revoke the parking decal or device or the
disability license plate of any person who commits a
violation of this Section.
(Source: P.A. 99-143, eff. 7-27-15; 100-513, eff. 1-1-18;
100-702, eff. 1-1-19.)".