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Public Act 098-0577 |
SB1929 Enrolled | LRB098 10105 MLW 40264 b |
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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 11-1301.1 and 11-1301.2 as follows:
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(625 ILCS 5/11-1301.1) (from Ch. 95 1/2, par. 11-1301.1)
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Sec. 11-1301.1. Persons with disabilities - Parking |
privileges - Exemptions. |
(a) A motor vehicle bearing registration plates issued to a |
person with
disabilities, as defined by Section 1-159.1, |
pursuant to Section 3-616 or to a
disabled veteran pursuant to |
subsection (a) of Section 3-609 or a special decal or device |
issued
pursuant to Section 3-616 or pursuant to Section |
11-1301.2 of this Code or a
motor vehicle registered in another |
jurisdiction, state, district, territory or
foreign country |
upon which is displayed a registration plate, special decal or
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device issued by the other jurisdiction designating the vehicle |
is operated by
or for a person with disabilities shall be |
exempt from the payment of parking
meter fees until January 1, |
2014, and exempt from any statute or ordinance imposing time |
limitations
on parking, except limitations of one-half hour or |
less, on any street or
highway zone, a parking area subject to |
regulation under subsection (a) of Section 11-209 of this Code, |
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or any parking lot or parking place which
are owned, leased or |
owned and leased by a municipality or a municipal
parking |
utility; and shall be recognized by state and local authorities
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as a valid license plate or parking device and shall receive |
the same
parking privileges as residents of this State; but, |
such vehicle shall be
subject to the laws which prohibit |
parking in "no stopping" and "no
standing" zones in front of or |
near fire hydrants, driveways, public
building entrances and |
exits, bus stops and loading areas, and is
prohibited from |
parking where the motor vehicle constitutes a traffic
hazard, |
whereby such motor vehicle shall be moved at the instruction |
and
request of a law enforcement officer to a location |
designated by the
officer. |
(b) Any motor vehicle bearing registration plates or a |
special decal
or device specified in this Section or in Section |
3-616 of this Code or
such parking device as specifically |
authorized in Section 11-1301.2 as
evidence that the vehicle is |
operated by or for a person with disabilities or bearing |
registration plates issued to a
disabled veteran under |
subsection (a) of Section 3-609 may park, in addition to any
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other lawful place, in any parking place specifically reserved |
for such
vehicles by the posting of an official sign as |
provided under Section 11-301.
Parking privileges granted by |
this Section are strictly limited
to the person to whom the |
special registration plates, special decal or
device were |
issued and to qualified operators acting under his or her |
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express
direction while the person with disabilities is |
present.
A person to whom privileges were granted shall, at the |
request of a
police officer or any other person invested by law |
with authority to direct,
control, or regulate traffic, present |
an identification card with a picture as
verification that the
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person is the person to whom the special registration plates, |
special decal or
device was issued.
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(c) Such parking privileges granted by this Section are |
also extended to
motor vehicles of not-for-profit |
organizations used for the transportation of
persons with |
disabilities when such motor vehicles display the decal or |
device
issued pursuant to Section 11-1301.2 of this Code.
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(d) No person shall use any area for the parking of any |
motor vehicle
pursuant to Section 11-1303 of this Code or where |
an official sign
controlling such area expressly prohibits |
parking at any time or during
certain hours.
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(e) Beginning January 1, 2014, a vehicle displaying a decal |
or device issued under subsection (c-5) of Section 11-1301.2 of |
this Code shall be exempt from the payment of fees generated by |
parking in a metered space or in a publicly owned parking |
structure or area. |
(Source: P.A. 96-79, eff. 1-1-10; 97-845, eff. 1-1-13; 97-918, |
eff. 1-1-13; revised 8-23-12.)
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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 |
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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.
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 |
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adequate
documentation that the person for whose benefit the |
decal or device is to be
used has a temporary 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 |
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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 structure or 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 or parking structures , 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, |
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physician assistant, or advanced practice nurse attesting to |
the permanent nature and estimated duration 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 |
Disabled Persons Property Tax Relief Act.
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(Source: P.A. 96-72, eff. 1-1-10; 96-79, eff. 1-1-10; 96-1000, |
eff. 7-2-10; 97-689, eff. 6-14-12; 97-845, eff. 1-1-13; revised |
8-3-12.)
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