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Rep. Timothy L. Schmitz
Filed: 3/21/2007
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09500HB3132ham001 |
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LRB095 06796 DRH 33513 a |
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| AMENDMENT TO HOUSE BILL 3132
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| AMENDMENT NO. ______. Amend House Bill 3132 by replacing |
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| everything after the enacting clause with the following:
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| "Section 5. The Illinois Vehicle Code is amended by |
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| changing Sections 3-604, 3-609, 11-209, 11-1301.1, 11-1301.2, |
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| 11-1301.3, 11-1301.5, and 11-1301.6 and by adding Section |
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| 3-609.01 as follows:
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| (625 ILCS 5/3-604) (from Ch. 95 1/2, par. 3-604)
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| Sec. 3-604. Expiration of special plates. Every special |
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| plate issued,
except those issued for dealers, manufacturers |
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| and transporters under
Section 3-602 and persons with |
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| disabilities under Sections
3-609 , 3-609.01, or 3-616, or deaf |
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| or hard of
hearing under Section 3-616 of this Code, may be |
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| issued for a 2
year period beginning January 1st of each |
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| odd-numbered year and ending
December 31st of the subsequent |
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| even-numbered year. The special plates issued
to a person with
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| disabilities or a person who is deaf or hard of hearing shall |
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| expire according
to the multi-year procedure as established
by |
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| Section 3-414 of this Code.
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| Special plates issued to members of the General Assembly |
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| under Section
3-606 shall expire at midnight on the 31st day of |
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| January in odd-numbered
years.
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| (Source: P.A. 88-685, eff. 1-24-95; 89-245, eff. 1-1-96.)
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| (625 ILCS 5/3-609) (from Ch. 95 1/2, par. 3-609)
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| Sec. 3-609. Disabled Veterans' Plates. Any disabled |
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| veteran whose degree of disability has been declared to be 100% |
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| by the United States Department of Veterans Affairs and who has
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| been or declared eligible for funds for the purchase of a motor
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| vehicle of the first division or for a motor vehicle of the |
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| second division
weighing not more than 8,000 pounds by the |
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| United States Federal Government
because of his disability, may |
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| make application for the registration of one
such vehicle, to |
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| the Secretary of State without the payment of any
registration |
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| fee. Registration shall be for a multi-year period effective
in |
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| 1980 and may be issued staggered registration.
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| Any disabled veteran of World War I, of World War II, of |
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| the National
Emergency between June 25, 1950 and January 31, |
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| 1955 or of the period
beginning February 1, 1955 and ending on |
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| the day before the first day
thereafter in which individuals |
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| (other than individuals liable for
induction by reason of prior |
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| deferment) are no longer liable for
induction for training and |
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| service into the armed forces under the
Military Selective |
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| Service Act of 1967, or of any armed conflict
involving the |
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| armed forces of the United States, who has a
service-connected |
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| disability of such a nature that it would, if it had
been |
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| incurred in World War II, have entitled him to be awarded an
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| automobile by the United States Federal Government, or who is |
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| receiving
compensation from the Veterans Administration for |
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| total service-connected
disability, may make application to |
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| the Secretary of State for the
registration of one motor |
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| vehicle of the first division without
accompanying such |
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| application with the payment of any fee.
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| Renewal of such registration must be accompanied with |
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| documentation
for eligibility of registration without fee |
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| unless the applicant has a
permanent qualifying disability, and |
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| such registration plates may not be
issued to any person not |
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| eligible therefor.
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| The Illinois Veterans Commission may assist in providing |
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| the
documentation of disability.
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| (Source: P.A. 86-444; 87-895.)
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| (625 ILCS 5/3-609.01 new)
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| Sec. 3-609.01. Handicapped Veterans' plates. |
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| (a) Any disabled veteran whose degree of disability has |
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| been declared to be less than 100% by the United States |
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| Department of Veterans Affairs and who has
been or declared |
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| eligible for funds for the purchase of a motor
vehicle of the |
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| first division or for a motor vehicle of the second division
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| weighing not more than 8,000 pounds by the United States |
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| Federal Government
because of his or her disability, may make |
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| application for the registration of one
of those vehicles, to |
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| the Secretary of State without the payment of any
registration |
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| fee. Registration shall be for a multi-year period and may be |
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| issued staggered registration. |
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| (b) Any disabled veteran of World War I, of World War II, |
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| of the National
Emergency between June 25, 1950 and January 31, |
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| 1955 or of the period
beginning February 1, 1955 and ending on |
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| the day before the first day
thereafter in which individuals |
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| (other than individuals liable for
induction by reason of prior |
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| deferment) are no longer liable for
induction for training and |
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| service into the armed forces under the
Military Selective |
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| Service Act of 1967, or of any armed conflict
involving the |
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| armed forces of the United States, who has a
service-connected |
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| disability of such a nature that it would, if it had
been |
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| incurred in World War II, have entitled him to be awarded an
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| automobile by the United States Federal Government, or who is |
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| receiving
compensation from the Veterans Administration for |
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| total service-connected
disability, may make application to |
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| the Secretary of State for the
registration of one motor |
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| vehicle of the first division without
accompanying his or her |
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| application with the payment of any fee.
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| (c) Renewal of this registration must be accompanied with |
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| documentation
for eligibility of registration without fee |
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| unless the applicant has a
permanent qualifying disability, and |
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| these registration plates may not be
issued to any person not |
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| eligible to receive them.
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| (d) The Illinois Veterans Commission may assist in |
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| providing the
documentation of disability.
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| (625 ILCS 5/11-209) (from Ch. 95 1/2, par. 11-209)
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| Sec. 11-209. Powers of municipalities and counties - |
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| Contract with
school boards, hospitals, churches, condominium |
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| complex unit owners'
associations, and commercial and |
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| industrial facility, shopping center,
and apartment complex |
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| owners for regulation of traffic.
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| (a) The corporate authorities of any municipality or the |
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| county
board of any county, and a school board, hospital, |
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| church, condominium
complex unit owners' association, or owner |
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| of any
commercial and industrial facility,
shopping center, or |
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| apartment complex which controls a parking area
located within |
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| the limits of the municipality, or outside the limits of
the |
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| municipality and within the boundaries of the county, may, by
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| contract, empower the municipality or county to regulate the |
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| parking of
automobiles and the traffic at such parking area. |
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| Such contract shall
empower the municipality or county to |
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| accomplish all or any part of the
following:
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| 1. The erection of stop signs, flashing signals, person |
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| with
disabilities parking area signs or yield signs at
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| specified locations in a parking area and the adoption of |
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| appropriate
regulations thereto pertaining, or the |
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| designation of any intersection
in the parking area as a |
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| stop intersection or as a yield intersection
and the |
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| ordering of like signs or signals at one or more entrances |
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| to
such intersection, subject to the provisions of this |
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| Chapter.
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| 2. The prohibition or regulation of the turning of |
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| vehicles or
specified types of vehicles at intersections or |
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| other designated
locations in the parking area.
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| 3. The regulation of a crossing of any roadway in the |
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| parking area
by pedestrians.
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| 4. The designation of any separate roadway in the |
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| parking area for
one-way traffic.
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| 5. The establishment and regulation of loading zones.
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| 6. The prohibition, regulation, restriction or |
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| limitation of the
stopping, standing or parking of vehicles |
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| in specified areas of the
parking area.
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| 7. The designation of safety zones in the parking area |
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| and fire lanes.
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| 8. Providing for the removal and storage of vehicles |
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| parked or
abandoned in the parking area during snowstorms, |
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| floods, fires, or other
public emergencies, or found |
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| unattended in the parking area, (a) where
they constitute |
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| an obstruction to traffic, or (b) where stopping,
standing |
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| or parking is prohibited, and for the payment of reasonable
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| charges for such removal and storage by the owner or |
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| operator of any
such vehicle.
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| 9. Providing that the cost of planning, installation, |
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| maintenance
and enforcement of parking and traffic |
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| regulations pursuant to any
contract entered into under the |
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| authority of this paragraph (a) of this
Section be borne by |
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| the municipality or county, or by the school board,
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| hospital, church, property owner, apartment complex owner,
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| or condominium complex unit owners' association,
or that a
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| percentage of the cost be shared by the parties to the |
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| contract.
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| 10. Causing the installation of parking meters on the |
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| parking area
and establishing whether the expense of |
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| installing said parking meters
and maintenance thereof |
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| shall be that of the municipality or county, or
that of the |
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| school board, hospital, church, condominium complex unit |
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| owners'
association, shopping center or
apartment complex |
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| owner.
All moneys obtained from such parking meters as may |
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| be
installed on any parking area shall belong to the |
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| municipality or county.
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| 11. Causing the installation of parking signs in |
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| accordance with
Section 11-301 in areas of the parking lots |
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| covered by this Section and
where desired by the person |
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| contracting with the appropriate authority
listed in |
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| paragraph (a) of this Section, indicating that such parking
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| spaces are reserved for persons with disabilities.
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| 12. Contracting for such additional reasonable rules |
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| and regulations
with respect to traffic and parking in a |
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| parking area as local
conditions may require for the safety |
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| and convenience of the public or
of the users of the |
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| parking area.
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| (b) No contract entered into pursuant to this Section shall |
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| exceed a
period of 20 years. No lessee of a shopping center or |
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| apartment complex
shall enter into such a contract for a longer |
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| period of time than the
length of his lease.
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| (c) Any contract entered into pursuant to this Section |
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| shall be
recorded in the office of the recorder in the county |
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| in which
the parking area is located, and no regulation made |
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| pursuant to the
contract shall be effective or enforceable |
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| until 3 days after the
contract is so recorded.
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| (d) At such time as parking and traffic regulations have |
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| been
established at any parking area pursuant to the contract |
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| as provided for
in this Section, then it shall be a petty |
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| offense for any person to do
any act forbidden or to fail to |
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| perform any act required by such parking
or traffic regulation. |
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| If the violation is the parking in a parking space
reserved for |
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| persons with disabilities under paragraph (11) of this Section, |
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| by
a person without special registration plates issued to a |
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| person with
disabilities, as defined by Section 1-159.1, |
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| pursuant to Section
3-616 of this Code, or to a disabled |
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| veteran pursuant to Section 3-609 or 3-609.01 of
this Code, the |
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| local police of the contracting corporate municipal
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| authorities shall issue a parking ticket to such parking |
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| violator and issue
a fine in accordance with Section 11-1301.3.
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| (e) The term "shopping center", as used in this Section, |
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| means
premises having one or more stores or business |
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| establishments in
connection with which there is provided on |
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| privately-owned property near
or contiguous thereto an area, or |
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| areas, of land used by the public as
the means of access to and |
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| egress from the stores and business
establishments on such |
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| premises and for the parking of motor vehicles of
customers and |
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| patrons of such stores and business establishments on such
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| premises.
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| (f) The term "parking area", as used in this Section, means |
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| an area,
or areas, of land near or contiguous to a school, |
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| church, or hospital
building, shopping center, apartment |
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| complex, or condominium
complex,
but not the public highways or |
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| alleys, and used by
the public as the means of access to and |
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| egress from such buildings and
the stores and business |
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| establishments at a shopping center and for the
parking of |
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| motor vehicles.
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| (g) The terms "owner", "property owner", "shopping center |
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| owner",
and "apartment complex owner",
as used in this Section, |
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| mean the actual
legal owner of the shopping center parking area |
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| or apartment
complex,
the trust officer of a banking |
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| institution having the right to manage
and control such |
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| property, or a person having the legal right, through
lease or |
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| otherwise, to manage or control the property.
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| (g-5) The term "condominium complex unit owners' |
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| association", as used in
this Section, means a "unit owners' |
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| association" as defined in Section 2 of the
Condominium |
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| Property Act.
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| (h) The term "fire lane", as used in this Section, means |
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| travel
lanes for the fire fighting equipment upon which there |
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| shall be no
standing or parking of any motor vehicle at any |
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| time so that fire
fighting equipment can move freely thereon.
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| (i) The term "apartment complex", as used in this Section, |
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| means
premises having one or more apartments in connection with |
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| which there is
provided on privately-owned property near or |
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| contiguous thereto an area,
or areas, of land used by occupants |
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| of such apartments or their guests
as a means of access to and |
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| egress from such apartments or for the
parking of motor |
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| vehicles of such occupants or their guests.
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| (j) The term "condominium complex", as used in this |
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| Section, means
the units, common elements, and limited common |
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| elements that are located on the
parcels, as those terms are |
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| defined in Section 2 of the Condominium Property
Act.
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| (k) The term "commercial and industrial facility", as used |
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| in this
Section, means a premises containing one or more |
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| commercial and industrial
facility establishments in |
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| connection with which there is
provided on
privately-owned |
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| property near or contiguous to the premises an area or areas of
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| land used by the public as the means of access to and egress |
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| from the
commercial and industrial facility establishment on |
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| the premises and for the
parking of motor vehicles of |
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| customers, patrons, and employees of the
commercial and |
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| industrial facility establishment on the premises.
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| (l) The provisions of this Section shall not be deemed to
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| prevent local
authorities from enforcing, on private property, |
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| local ordinances imposing
fines, in accordance with Section |
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| 11-1301.3, as penalties for use of any
parking
place reserved |
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| for persons with disabilities, as defined by Section 1-159.1, |
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| or
disabled veterans by any person using a motor vehicle not |
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| bearing registration
plates specified in Section 11-1301.1 or a |
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| special decal or device as defined
in Section 11-1301.2 as |
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| evidence that the vehicle is operated by or for a
person with |
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| disabilities or disabled veteran.
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| This amendatory Act of 1972 is not a prohibition upon the |
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| contractual
and associational powers granted by Article VII, |
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| Section 10 of the
Illinois Constitution.
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| (Source: P.A. 89-551, eff. 1-1-97; 90-106, eff. 1-1-98; 90-145, |
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| eff. 1-1-98;
90-481, eff. 8-17-97; 90-655, eff. 7-30-98.)
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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 |
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| privileges - Exemptions. A motor vehicle bearing registration |
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| plates issued to a person with
disabilities, as defined by |
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| Section 1-159.1, pursuant to Section 3-616 or to a
disabled |
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| veteran pursuant to Section 3-609 or 3-609.01 or a special |
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| decal or device issued
pursuant to Section 3-616 or pursuant to |
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| Section 11-1301.2 of this Code or a
motor vehicle registered in |
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| another jurisdiction, state, district, territory or
foreign |
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| country upon which is displayed a registration plate, special |
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| decal or
device issued by the other jurisdiction designating |
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| the vehicle is operated by
or for a person with disabilities |
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| shall be exempt from the payment of parking
meter fees and |
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| exempt from any statute or ordinance imposing time limitations
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| on parking, except limitations of one-half hour or less, on any |
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| street or
highway zone, or any parking lot or parking place |
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| which
are owned, leased or owned and leased by a municipality |
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| or a municipal
parking utility; and shall be recognized by |
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| state and local authorities
as a valid license plate or parking |
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| device and shall receive the same
parking privileges as |
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| residents of this State; but, such vehicle shall be
subject to |
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| the laws which prohibit parking in "no stopping" and "no
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| standing" zones in front of or near fire hydrants, driveways, |
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| public
building entrances and exits, bus stops and loading |
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| areas, and is
prohibited from parking where the motor vehicle |
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| constitutes a traffic
hazard, whereby such motor vehicle shall |
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| be moved at the instruction and
request of a law enforcement |
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| officer to a location designated by the
officer. Any motor |
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| vehicle bearing registration plates or a special decal
or |
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| device specified in this Section or in Section 3-616 of this |
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| Code or
such parking device as specifically authorized in |
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| Section 11-1301.2 as
evidence that the vehicle is operated by |
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| or for a person with disabilities or
disabled veteran may park, |
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| in addition to any
other lawful place, in any parking place |
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| specifically reserved for such
vehicles by the posting of an |
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| official sign as provided under Section 11-301.
Parking |
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| privileges granted by this Section are strictly limited
to the |
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| person to whom the special registration plates, special decal |
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| or
device were issued and to qualified operators acting under |
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| his express
direction while the person with disabilities is |
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| present.
A person to whom privileges were granted shall, at the |
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| request of a
police officer or any other person invested by law |
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| with authority to direct,
control, or regulate traffic, present |
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| an identification card with a picture as
verification that the
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| person is the person to whom the special registration plates, |
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| special decal or
device was issued.
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| Such parking privileges granted by this Section are also |
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| extended to
motor vehicles of not-for-profit organizations |
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| used for the transportation of
persons with disabilities when |
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| such motor vehicles display the decal or device
issued pursuant |
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| to Section 11-1301.2 of this Code.
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| No person shall use any area for the parking of any motor |
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| vehicle
pursuant to Section 11-1303 of this Code or where an |
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| official sign
controlling such area expressly prohibits |
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| parking at any time or during
certain hours.
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| (Source: P.A. 90-106, eff. 1-1-98.)
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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 a person with |
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| disabilities parking.
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| (a) The Secretary of State shall provide for, by |
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| administrative rules, the
design, size, color, and placement of |
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| a person with disabilities motorist decal
or device
and shall |
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| provide for, by administrative
rules, the content and form of |
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| an application for a person with disabilities
motorist decal or |
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| device,
which shall be used by local authorities in the |
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| issuance thereof to a
person with temporary disabilities, |
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| provided that the decal or device is
valid for no more than 90 |
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| days, subject to renewal for like periods based upon
continued |
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| disability, and further provided that the decal or device |
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| clearly
sets forth the date that the decal or device expires.
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| The application shall
include the requirement of an Illinois |
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| Identification Card number or a State
of Illinois driver's |
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| license number.
This decal or device shall be the property of |
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| such
person with disabilities and may be used by that person to |
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| designate and identify a vehicle not owned or displaying a
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| registration plate as provided in Sections 3-609 , 3-609.01, and |
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| 3-616 of this Act to
designate when the vehicle is being used |
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| to transport said person or persons
with disabilities, and thus |
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| is entitled to enjoy all the privileges that would
be afforded |
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| a person with disabilities licensed vehicle.
Person with |
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| disabilities decals or devices issued and displayed pursuant to
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| this Section shall be recognized and honored by all local |
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| authorities
regardless of which local authority issued such |
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| 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 |
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| decal or device is to be
used has a temporary disability as |
3 |
| defined in Section 1-159.1 of this
Code.
|
4 |
| (b) The local governing authorities shall be responsible |
5 |
| for the provision
of such decal or device, its issuance and |
6 |
| designated placement within the
vehicle. The cost of such decal |
7 |
| or device shall be at the discretion of
such local governing |
8 |
| authority.
|
9 |
| (c) The Secretary of State may, pursuant to Section |
10 |
| 3-616(c), issue
a person with disabilities parking decal or |
11 |
| device to a person with
disabilities as defined by Section |
12 |
| 1-159.1. Any person with disabilities
parking decal or device |
13 |
| issued by the Secretary of State shall be registered to
that |
14 |
| person with disabilities in the form to be prescribed by the |
15 |
| Secretary of
State. The person with disabilities parking decal |
16 |
| or device shall not display
that person's address. One |
17 |
| additional decal or device may be issued to an
applicant upon |
18 |
| his or her written request and with the approval of the
|
19 |
| Secretary of
State.
The written request must include a |
20 |
| justification of the need for the
additional decal or device.
|
21 |
| (d) Replacement decals or devices may be issued for lost, |
22 |
| stolen, or
destroyed decals upon application and payment of a |
23 |
| $10 fee. The replacement
fee may be waived for individuals that |
24 |
| have claimed and received a grant under
the Senior Citizens and |
25 |
| Disabled Persons Property Tax Relief and Pharmaceutical
|
26 |
| Assistance Act.
|
|
|
|
09500HB3132ham001 |
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LRB095 06796 DRH 33513 a |
|
|
1 |
| (Source: P.A. 92-411, eff. 1-1-02.)
|
2 |
| (625 ILCS 5/11-1301.3) (from Ch. 95 1/2, par. 11-1301.3)
|
3 |
| Sec. 11-1301.3. Unauthorized use of parking places |
4 |
| reserved for persons with
disabilities. |
5 |
| (a) It shall be prohibited to park any motor vehicle which |
6 |
| is not properly
displaying
registration plates or decals issued |
7 |
| to a person with disabilities, as defined
by Section 1-159.1, |
8 |
| pursuant to Sections 3-616, 11-1301.1 or 11-1301.2, or to
a |
9 |
| disabled veteran pursuant to Section 3-609 or 3-609.01 of this |
10 |
| Act, as evidence that the
vehicle is operated by or for a |
11 |
| person with disabilities or disabled veteran,
in any parking |
12 |
| place, including any private
or public offstreet parking |
13 |
| facility, specifically reserved, by the
posting of an official |
14 |
| sign as designated under Section 11-301, for
motor vehicles |
15 |
| displaying such registration plates.
It shall be prohibited to |
16 |
| park any motor vehicle in a designated access
aisle adjacent to |
17 |
| any parking place specifically reserved for persons with
|
18 |
| disabilities, by the posting of an official sign as designated |
19 |
| under Section
11-301, for motor vehicles displaying such |
20 |
| registration plates.
When using the parking privileges for |
21 |
| persons with disabilities, the parking
decal or device must be |
22 |
| displayed properly in the vehicle where it is clearly
visible |
23 |
| to law enforcement personnel, either hanging from the rearview |
24 |
| mirror
or placed on the dashboard of the vehicle in clear view.
|
25 |
| Any motor vehicle properly displaying a disability license |
|
|
|
09500HB3132ham001 |
- 17 - |
LRB095 06796 DRH 33513 a |
|
|
1 |
| plate or a
parking decal or device containing the International |
2 |
| symbol of access
issued to persons with disabilities by any |
3 |
| local authority, state, district,
territory or foreign country |
4 |
| shall be recognized by State and local
authorities as a valid |
5 |
| license plate or device and receive the same parking
privileges |
6 |
| as residents of this State.
|
7 |
| (a-1) An individual with a vehicle displaying disability |
8 |
| license plates or a parking decal or device issued to a |
9 |
| qualified person with a disability under Sections 3-616, |
10 |
| 11-1301.1, or 11-1301.2 or to a disabled veteran under Section |
11 |
| 3-609 or 3-609.01 is in violation of this Section if (i) the |
12 |
| person using the disability license plate or parking decal or |
13 |
| device is not the authorized holder of the disability license |
14 |
| plate or parking decal or device or is not transporting the |
15 |
| authorized holder of the disability license plate or parking |
16 |
| decal or device to or from the parking location and (ii) the |
17 |
| person uses the disability license plate or parking decal or |
18 |
| device to exercise any privileges granted through the |
19 |
| disability license plate or parking decals or devices under |
20 |
| this Code.
|
21 |
| (b) Any person or local authority owning or operating any |
22 |
| public or private
offstreet parking facility may, after |
23 |
| notifying the police or sheriff's
department, remove or cause |
24 |
| to be removed to the nearest garage or other
place of safety |
25 |
| any vehicle parked within a stall or space reserved for
use by |
26 |
| a person with disabilities which does not
display person with |
|
|
|
09500HB3132ham001 |
- 18 - |
LRB095 06796 DRH 33513 a |
|
|
1 |
| disabilities registration
plates or a special decal or device |
2 |
| as required under this Section.
|
3 |
| (c) Any person found guilty of violating the provisions of |
4 |
| subsection (a) shall be fined $250 in addition to any costs or |
5 |
| charges connected
with the removal or storage of any motor |
6 |
| vehicle authorized under this
Section; but municipalities by |
7 |
| ordinance may impose a fine up to $350
and shall display signs |
8 |
| indicating the fine imposed. If the amount of
the fine is |
9 |
| subsequently changed, the municipality shall change the sign to
|
10 |
| indicate the current amount of the fine.
It shall not be a |
11 |
| defense to a charge under this Section that either the sign |
12 |
| posted
pursuant to this
Section or the intended accessible |
13 |
| parking place does not comply with the technical requirements |
14 |
| of Section 11-301,
Department
regulations, or local ordinance |
15 |
| if a reasonable person would be made aware by
the
sign or |
16 |
| notice on or near the parking place that the place is reserved |
17 |
| for a
person
with
disabilities.
|
18 |
| (c-1) Any person found guilty of violating the provisions |
19 |
| of subsection (a-1) shall be fined $500. The circuit clerk |
20 |
| shall distribute $250 of the $500 fine imposed on any person |
21 |
| who is found guilty of or pleads guilty to violating this |
22 |
| Section, including any person placed on court supervision for |
23 |
| violating this Section, to the law enforcement agency that |
24 |
| issued the citation or made the arrest. If more than one law |
25 |
| enforcement agency is responsible for issuing the citation or |
26 |
| making the arrest, the $250 shall be shared equally.
|
|
|
|
09500HB3132ham001 |
- 19 - |
LRB095 06796 DRH 33513 a |
|
|
1 |
| (d) Local authorities shall impose fines as established in |
2 |
| subsections
(c) and (c-1) for violations of this Section.
|
3 |
| (e) As used in this Section, "authorized holder" means an |
4 |
| individual
issued a disability
license plate under Section |
5 |
| 3-616 of this
Code, an individual issued a parking decal or |
6 |
| device
under Section 11-1301.2 of this Code, or an individual |
7 |
| issued a disabled veteran's license plate under Section 3-609 |
8 |
| or 3-609.01 of this Code. |
9 |
| (f) Any person who commits a violation of subsection (a-1) |
10 |
| may have his or her driving privileges suspended or revoked by |
11 |
| the Secretary of State for a period of time determined by the |
12 |
| Secretary of State. The Secretary of State may also suspend or |
13 |
| revoke the disability license plates or parking decal or device |
14 |
| for a period of time determined by the Secretary of State.
|
15 |
| (Source: P.A. 94-619, eff. 1-1-06; 94-930, eff. 6-26-06.)
|
16 |
| (625 ILCS 5/11-1301.5)
|
17 |
| Sec. 11-1301.5. Fictitious or unlawfully altered |
18 |
| disability
license plate or parking decal or device. |
19 |
| (a) As used in this Section:
|
20 |
| "Fictitious disability license plate or parking decal or
|
21 |
| device" means any issued disability license plate or parking
|
22 |
| decal
or device, or any license plate issued to a disabled |
23 |
| veteran under Section 3-609 or 3-609.01 of this Code, that has |
24 |
| been issued by the Secretary of State or an authorized unit
of |
25 |
| local government that was issued based upon false information |
|
|
|
09500HB3132ham001 |
- 20 - |
LRB095 06796 DRH 33513 a |
|
|
1 |
| contained on
the required application.
|
2 |
| "False information" means any incorrect or inaccurate |
3 |
| information
concerning
the name, date of birth, social security |
4 |
| number, driver's license number,
physician certification, or |
5 |
| any other information required on the Persons with Disabilities |
6 |
| Certification for Plate or Parking Placard, on the Application |
7 |
| for Replacement Disability Parking Placard, or on the
|
8 |
| application
for license plates issued to disabled veterans |
9 |
| under Section 3-609 or 3-609.01 of this Code, that
falsifies |
10 |
| the content of the application.
|
11 |
| "Unlawfully altered disability
license plate or parking
|
12 |
| permit or device" means any disability license plate or parking
|
13 |
| permit or device, or any license plate issued to a disabled |
14 |
| veteran under Section 3-609 or 3-609.01 of this Code, issued by |
15 |
| the Secretary of State or an authorized unit of
local |
16 |
| government that has been physically altered or changed in such |
17 |
| manner
that false information appears on the license plate or |
18 |
| parking decal or device.
|
19 |
| "Authorized holder" means an individual issued a |
20 |
| disability
license plate under Section 3-616 of this Code or an |
21 |
| individual issued a parking decal or device under Section |
22 |
| 11-1301.2 of this Code, or an individual issued a disabled |
23 |
| veteran's license plate under Section 3-609 or 3-609.01 of this |
24 |
| Code.
|
25 |
| (b) It is a violation of this Section for any person:
|
26 |
| (1) to knowingly possess any fictitious or unlawfully |
|
|
|
09500HB3132ham001 |
- 21 - |
LRB095 06796 DRH 33513 a |
|
|
1 |
| altered disability license plate or parking decal or |
2 |
| device;
|
3 |
| (2) to knowingly issue or assist in the issuance of, by |
4 |
| the Secretary of
State or unit of local government, any |
5 |
| fictitious disability
license plate or parking decal or |
6 |
| device;
|
7 |
| (3) to knowingly alter any disability license plate or
|
8 |
| parking decal or device;
|
9 |
| (4) to knowingly manufacture, possess, transfer, or |
10 |
| provide any
documentation used in the application process |
11 |
| whether real or fictitious, for
the purpose of obtaining a |
12 |
| fictitious disability license plate or
parking decal or |
13 |
| device;
|
14 |
| (5) to knowingly provide any false information to the |
15 |
| Secretary of State
or a unit of local government in order |
16 |
| to obtain a disability
license plate or parking decal or |
17 |
| device; or
|
18 |
| (6) to knowingly transfer a disability license plate or
|
19 |
| parking decal or device for the purpose of exercising the |
20 |
| privileges granted
to an authorized holder of a disability
|
21 |
| license plate or parking
decal or device under this Code in |
22 |
| the absence of the authorized holder.
|
23 |
| (c) Sentence.
|
24 |
| (1) Any person convicted of a violation of paragraph |
25 |
| (1), (2), (3), (4), or (5) of subsection (b) of this |
26 |
| Section shall be guilty of
a Class A misdemeanor and fined |
|
|
|
09500HB3132ham001 |
- 22 - |
LRB095 06796 DRH 33513 a |
|
|
1 |
| not less than $500 for a first offense and shall be guilty |
2 |
| of a Class 4 felony and fined not less than $1,000 for a |
3 |
| second or subsequent offense. Any person convicted of a |
4 |
| violation of subdivision (b)(6) of this Section is guilty |
5 |
| of a Class A misdemeanor and shall be fined not less than |
6 |
| $500 for a first offense and not less than $1,000 for a |
7 |
| second or subsequent offense. The circuit clerk shall |
8 |
| distribute one-half of any fine imposed on any person who |
9 |
| is found guilty of or pleads guilty to violating this |
10 |
| Section, including any person placed on court supervision |
11 |
| for violating this Section, to the law enforcement agency |
12 |
| that issued the citation or made the arrest. If more than |
13 |
| one law enforcement agency is responsible for issuing the |
14 |
| citation or making the arrest, one-half of the fine imposed |
15 |
| shall be shared equally.
|
16 |
| (2) Any person who commits a violation of this Section |
17 |
| may have his
or her driving privileges suspended or revoked |
18 |
| by the Secretary of State for a
period of time determined |
19 |
| by the Secretary of State. The Secretary of State may |
20 |
| suspend or revoke the parking decal or device or the |
21 |
| disability license plate of any person who commits a |
22 |
| violation of this Section.
|
23 |
| (3) Any police officer may seize the parking decal or |
24 |
| device from any
person who commits a violation of this |
25 |
| Section. Any police officer may seize
the disability |
26 |
| license plate upon authorization from the
Secretary of |
|
|
|
09500HB3132ham001 |
- 23 - |
LRB095 06796 DRH 33513 a |
|
|
1 |
| State. Any police officer may request that the Secretary of |
2 |
| State
revoke the parking decal or device or the disability |
3 |
| license
plate of any person who commits a violation of this |
4 |
| Section.
|
5 |
| (Source: P.A. 94-619, eff. 1-1-06.)
|
6 |
| (625 ILCS 5/11-1301.6)
|
7 |
| Sec. 11-1301.6. Fraudulent disability license plate or
|
8 |
| parking decal or device. |
9 |
| (a) As used in this Section:
|
10 |
| "Fraudulent disability
license plate or parking decal |
11 |
| or
device"
means any disability license plate or parking |
12 |
| decal or device
that purports to be an official disability |
13 |
| license plate or
parking decal or device and that has not |
14 |
| been issued by the Secretary of State
or an authorized unit |
15 |
| of local government.
|
16 |
| "Disability license plate or parking decal or |
17 |
| device-making
implement" means any implement specially |
18 |
| designed or primarily used in the
manufacture, assembly, or |
19 |
| authentication of a disability license
plate or parking |
20 |
| decal or device, or a license plate issued to a disabled |
21 |
| veteran under Section 3-609 or 3-609.01 of this Code, |
22 |
| issued by the Secretary of State or a unit of
local |
23 |
| government.
|
24 |
| (b) It is a violation of this Section for any person:
|
25 |
| (1) to knowingly possess any fraudulent disability |
|
|
|
09500HB3132ham001 |
- 24 - |
LRB095 06796 DRH 33513 a |
|
|
1 |
| license
plate or parking decal;
|
2 |
| (2) to knowingly possess without authority any |
3 |
| disability
license plate or parking decal or device-making |
4 |
| implement;
|
5 |
| (3) to knowingly duplicate, manufacture, sell, or |
6 |
| transfer any fraudulent
or stolen disability license plate |
7 |
| or parking decal or device;
|
8 |
| (4) to knowingly assist in the duplication, |
9 |
| manufacturing, selling, or
transferring of any fraudulent, |
10 |
| stolen, or reported lost or damaged disability license |
11 |
| plate
or parking decal or device; or
|
12 |
| (5) to advertise or distribute a fraudulent disability
|
13 |
| license plate or parking decal or device.
|
14 |
| (c) Sentence.
|
15 |
| (1) Any person convicted of a violation of this Section |
16 |
| shall be guilty of
a Class A misdemeanor and fined not less |
17 |
| than $1,000 for a first offense and shall be guilty of a |
18 |
| Class 4 felony and fined not less than $2,000 for a second |
19 |
| or subsequent offense. The circuit clerk shall distribute |
20 |
| half of any fine imposed on any person who is found guilty |
21 |
| of or pleads guilty to violating this Section, including |
22 |
| any person placed on court supervision for violating this |
23 |
| Section, to the law enforcement agency that issued the |
24 |
| citation or made the arrest. If more than one law |
25 |
| enforcement agency is responsible for issuing the citation |
26 |
| or making the arrest, one-half of the fine imposed shall be |
|
|
|
09500HB3132ham001 |
- 25 - |
LRB095 06796 DRH 33513 a |
|
|
1 |
| shared equally.
|
2 |
| (2) Any person who commits a violation of this Section |
3 |
| may have his
or her driving privileges suspended or revoked |
4 |
| by the Secretary of State for a
period of time determined |
5 |
| by the Secretary of State.
|
6 |
| (3) Any police officer may seize the parking decal or |
7 |
| device from any
person who commits a violation of this |
8 |
| Section. Any police officer may seize
the disability |
9 |
| license plate upon authorization from the
Secretary of |
10 |
| State. Any police officer may request that the Secretary of |
11 |
| State
revoke the parking decal or device or the disability |
12 |
| license
plate of any person who commits a violation of this |
13 |
| Section.
|
14 |
| (Source: P.A. 94-619, eff. 1-1-06.)
|
15 |
| Section 10. The Motor Fuel Sales Act is amended by changing |
16 |
| Section 2 as follows:
|
17 |
| (815 ILCS 365/2) (from Ch. 121 1/2, par. 1502)
|
18 |
| Sec. 2. Any attendant on duty at a service station |
19 |
| described in Section
1 shall, upon request, dispense motor fuel |
20 |
| for the driver of a car which is
parked at a self-service |
21 |
| island and displays: (a) registration plates issued to
a |
22 |
| physically disabled person pursuant to Section 3-616 of the |
23 |
| Illinois Vehicle
Code; or (b) registration plates issued to a |
24 |
| disabled veteran pursuant
to Section 3-609 or 3-609.01 of such |