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| Public Act 100-0702 | ||||
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AN ACT concerning transportation.
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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 Vehicle Code is amended by changing | ||||
Sections 11-1301.2, 11-1301.4, and 11-1301.5 as follows:
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(625 ILCS 5/11-1301.2) (from Ch. 95 1/2, par. 11-1301.2)
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Sec. 11-1301.2. Special decals for parking; persons with | ||||
disabilities.
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(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.
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The application shall
include the requirement of an Illinois | ||||
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 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.
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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.
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(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.
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(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
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Secretary of
State.
The written request must include a | ||
justification of the need for the
additional decal or device.
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(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 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 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 | ||
shall contain a statement certified by a licensed 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 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.
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(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 | ||
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 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. 99-143, eff. 7-27-15; 100-513, eff. 1-1-18.)
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(625 ILCS 5/11-1301.4) (from Ch. 95 1/2, par. 11-1301.4)
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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, and to
recognize | ||
such plates or devices issued by such other jurisdictions. This
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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.
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(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 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.)
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(625 ILCS 5/11-1301.5)
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Sec. 11-1301.5. Fictitious or unlawfully altered | ||
disability
license plate or parking decal or device. | ||
(a) As used in this Section:
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"Fictitious disability license plate or parking decal or
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device" means any issued disability license plate or parking
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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.
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"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,
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
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falsifies the content of the application.
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"Unlawfully altered disability
license plate or parking
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permit or device" means any disability license plate or parking
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permit or device, or any license plate issued to a 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.
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"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.
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(b) It is a violation of this Section for any person:
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(1) to knowingly possess any fictitious or unlawfully | ||
altered disability license plate or parking decal or | ||
device;
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(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;
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(3) to knowingly alter any disability license plate or
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parking decal or device;
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(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;
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(6) to knowingly transfer a disability license plate or
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parking decal or device for the purpose of exercising the | ||
privileges granted
to an authorized holder of a disability
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license plate or parking
decal or device under this Code in | ||
the absence of the authorized holder; or
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(7) who is a 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.
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(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 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.
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(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.
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(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.
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(Source: P.A. 99-143, eff. 7-27-15; 100-513, eff. 1-1-18.)
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Section 99. Effective date. This Act takes effect January | ||
1, 2019.
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