SB1929 98TH GENERAL ASSEMBLY

  
  

 


 
98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
SB1929

 

Introduced 2/15/2013, by Sen. Emil Jones, III

 

SYNOPSIS AS INTRODUCED:
 
625 ILCS 5/11-1301.1  from Ch. 95 1/2, par. 11-1301.1
625 ILCS 5/11-1301.2  from Ch. 95 1/2, par. 11-1301.2

    Amends the Illinois Vehicle Code. In Section on special decals for parking and persons with disabilities, revises cross-reference to the definition of "persons with disabilities" with respect to a temporary disability. Provides that exemptions from parking fees for disabled persons shall only apply to metered street parking and not to public parking structures or areas. Requires an application for a meter exempt decal to provide evidence of permanent disability.


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A BILL FOR

 

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1    AN ACT concerning transportation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Vehicle Code is amended by changing
5Sections 11-1301.1 and 11-1301.2 as follows:
 
6    (625 ILCS 5/11-1301.1)  (from Ch. 95 1/2, par. 11-1301.1)
7    Sec. 11-1301.1. Persons with disabilities - Parking
8privileges - Exemptions.
9    (a) A motor vehicle bearing registration plates issued to a
10person with disabilities, as defined by Section 1-159.1,
11pursuant to Section 3-616 or to a disabled veteran pursuant to
12subsection (a) of Section 3-609 or a special decal or device
13issued pursuant to Section 3-616 or pursuant to Section
1411-1301.2 of this Code or a motor vehicle registered in another
15jurisdiction, state, district, territory or foreign country
16upon which is displayed a registration plate, special decal or
17device issued by the other jurisdiction designating the vehicle
18is operated by or for a person with disabilities shall be
19exempt from the payment of parking meter fees until January 1,
202014, and exempt from any statute or ordinance imposing time
21limitations on parking, except limitations of one-half hour or
22less, on any street or highway zone, a parking area subject to
23regulation under subsection (a) of Section 11-209 of this Code,

 

 

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1or any parking lot or parking place which are owned, leased or
2owned and leased by a municipality or a municipal parking
3utility; and shall be recognized by state and local authorities
4as a valid license plate or parking device and shall receive
5the same parking privileges as residents of this State; but,
6such vehicle shall be subject to the laws which prohibit
7parking in "no stopping" and "no standing" zones in front of or
8near fire hydrants, driveways, public building entrances and
9exits, bus stops and loading areas, and is prohibited from
10parking where the motor vehicle constitutes a traffic hazard,
11whereby such motor vehicle shall be moved at the instruction
12and request of a law enforcement officer to a location
13designated by the officer.
14    (b) Any motor vehicle bearing registration plates or a
15special decal or device specified in this Section or in Section
163-616 of this Code or such parking device as specifically
17authorized in Section 11-1301.2 as evidence that the vehicle is
18operated by or for a person with disabilities or bearing
19registration plates issued to a disabled veteran under
20subsection (a) of Section 3-609 may park, in addition to any
21other lawful place, in any parking place specifically reserved
22for such vehicles by the posting of an official sign as
23provided under Section 11-301. Parking privileges granted by
24this Section are strictly limited to the person to whom the
25special registration plates, special decal or device were
26issued and to qualified operators acting under his or her

 

 

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1express direction while the person with disabilities is
2present. A person to whom privileges were granted shall, at the
3request of a police officer or any other person invested by law
4with authority to direct, control, or regulate traffic, present
5an identification card with a picture as verification that the
6person is the person to whom the special registration plates,
7special decal or device was issued.
8    (c) Such parking privileges granted by this Section are
9also extended to motor vehicles of not-for-profit
10organizations used for the transportation of persons with
11disabilities when such motor vehicles display the decal or
12device issued pursuant to Section 11-1301.2 of this Code.
13    (d) No person shall use any area for the parking of any
14motor vehicle pursuant to Section 11-1303 of this Code or where
15an official sign controlling such area expressly prohibits
16parking at any time or during certain hours.
17    (e) Beginning January 1, 2014, a vehicle displaying a decal
18or device issued under subsection (c-5) of Section 11-1301.2 of
19this Code shall be exempt from the payment of fees generated by
20on-street parking in a metered space or in a publicly owned
21parking structure or area.
22(Source: P.A. 96-79, eff. 1-1-10; 97-845, eff. 1-1-13; 97-918,
23eff. 1-1-13; revised 8-23-12.)
 
24    (625 ILCS 5/11-1301.2)  (from Ch. 95 1/2, par. 11-1301.2)
25    Sec. 11-1301.2. Special decals for parking; persons with

 

 

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1disabilities.
2    (a) The Secretary of State shall provide for, by
3administrative rules, the design, size, color, and placement of
4a person with disabilities motorist decal or device and shall
5provide for, by administrative rules, the content and form of
6an application for a person with disabilities motorist decal or
7device, which shall be used by local authorities in the
8issuance thereof to a person with temporary disabilities,
9provided that the decal or device is valid for no more than 90
10days, subject to renewal for like periods based upon continued
11disability, and further provided that the decal or device
12clearly sets forth the date that the decal or device expires.
13The application shall include the requirement of an Illinois
14Identification Card number or a State of Illinois driver's
15license number. This decal or device may be used by the
16authorized holder to designate and identify a vehicle not owned
17or displaying a registration plate as provided in Sections
183-609 and 3-616 of this Act to designate when the vehicle is
19being used to transport said person or persons with
20disabilities, and thus is entitled to enjoy all the privileges
21that would be afforded a person with disabilities licensed
22vehicle. Person with disabilities decals or devices issued and
23displayed pursuant to this Section shall be recognized and
24honored by all local authorities regardless of which local
25authority issued such decal or device.
26    The decal or device shall be issued only upon a showing by

 

 

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1adequate documentation that the person for whose benefit the
2decal or device is to be used has a temporary disability as
3defined in Section 1-159.1 of this Code and the disability is
4temporary.
5    (b) The local governing authorities shall be responsible
6for the provision of such decal or device, its issuance and
7designated placement within the vehicle. The cost of such decal
8or device shall be at the discretion of such local governing
9authority.
10    (c) The Secretary of State may, pursuant to Section
113-616(c), issue a person with disabilities parking decal or
12device to a person with disabilities as defined by Section
131-159.1. Any person with disabilities parking decal or device
14issued by the Secretary of State shall be registered to that
15person with disabilities in the form to be prescribed by the
16Secretary of State. The person with disabilities parking decal
17or device shall not display that person's address. One
18additional decal or device may be issued to an applicant upon
19his or her written request and with the approval of the
20Secretary of State. The written request must include a
21justification of the need for the additional decal or device.
22    (c-5) Beginning January 1, 2014, the Secretary shall
23provide by administrative rule for the issuance of a separate
24and distinct parking decal or device for persons with
25disabilities as defined by Section 1-159.1 of this Code and who
26meet the qualifications under this subsection. The authorized

 

 

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1holder of a decal or device issued under this subsection (c-5)
2shall be exempt from the payment of fees generated by on-street
3parking in a metered space, a parking area subject to paragraph
4(10) of subsection (a) of Section 11-209 of this Code, or a
5publicly owned parking structure or area.
6    The Secretary shall issue a meter-exempt decal or device to
7a person with disabilities who: (i) has been issued
8registration plates under subsection (a) of Section 3-609 or
9Section 3-616 of this Code or a special decal or device under
10this Section, (ii) holds a valid Illinois driver's license, ;
11and (iii) is unable to do one or more of the following:
12        (1) manage, manipulate, or insert coins, or obtain
13    tickets or tokens in parking meters or ticket machines in
14    parking lots or parking structures, due to the lack of fine
15    motor control of both hands;
16        (2) reach above his or her head to a height of 42
17    inches from the ground, due to a lack of finger, hand, or
18    upper extremity strength or mobility;
19        (3) approach a parking meter due to his or her use of a
20    wheelchair or other device for mobility; or
21        (4) walk more than 20 feet due to an orthopedic,
22    neurological, cardiovascular, or lung condition in which
23    the degree of debilitation is so severe that it almost
24    completely impedes the ability to walk.
25    The application for a meter-exempt parking decal or device
26shall contain a statement certified by a licensed physician,

 

 

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1physician assistant, or advanced practice nurse attesting to
2the permanent nature and estimated duration of the applicant's
3condition and verifying that the applicant meets the physical
4qualifications specified in this subsection (c-5).
5    Notwithstanding the requirements of this subsection (c-5),
6the Secretary shall issue a meter-exempt decal or device to a
7person who has been issued registration plates under Section
83-616 of this Code or a special decal or device under this
9Section, if the applicant is the parent or guardian of a person
10with disabilities who is under 18 years of age and incapable of
11driving.
12    (d) Replacement decals or devices may be issued for lost,
13stolen, or destroyed decals upon application and payment of a
14$10 fee. The replacement fee may be waived for individuals that
15have claimed and received a grant under the Senior Citizens and
16Disabled Persons Property Tax Relief Act.
17(Source: P.A. 96-72, eff. 1-1-10; 96-79, eff. 1-1-10; 96-1000,
18eff. 7-2-10; 97-689, eff. 6-14-12; 97-845, eff. 1-1-13; revised
198-3-12.)