Full Text of HB1377 94th General Assembly
HB1377eng 94TH GENERAL ASSEMBLY
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HB1377 Engrossed |
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| AN ACT in relation to vehicles.
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| Be it enacted by the People of the State of Illinois, | 3 |
| represented in the General Assembly:
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| Section 5. The Illinois Vehicle Code is amended by changing | 5 |
| Section 11-301
and adding
Sections 11-1301.10 and 11-1301.11 as | 6 |
| follows:
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| (625 ILCS 5/11-301) (from Ch. 95 1/2, par. 11-301)
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| Sec. 11-301. Department to adopt sign manual.
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| (a) The Department shall adopt a State manual and | 10 |
| specifications for a
uniform system of traffic-control devices | 11 |
| consistent with this Chapter for
use upon highways within this | 12 |
| State. Such manual shall include the
adoption of the R 7-8 sign | 13 |
| adopted by the United States Department of
Transportation to | 14 |
| designate the reservation of parking
facilities for a person | 15 |
| with disabilities and the sign adopted by the
Secretary of | 16 |
| State to designate the reservation of parking facilities for an
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| expectant mother .
Non-conforming signs in use prior to January
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| 1, 1985 shall not constitute a violation during their useful | 19 |
| lives, which
shall not be extended by other means than normal | 20 |
| maintenance. The manual
shall also specify insofar
as | 21 |
| practicable the minimum warrants justifying the use of the | 22 |
| various
traffic control devices. Such uniform system shall | 23 |
| correlate with and,
where not inconsistent with Illinois | 24 |
| highway conditions, conform to the
system set forth in the most | 25 |
| recent edition of the national manual on
Uniform Traffic | 26 |
| Control Devices for Streets and Highways.
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| (b) Signs adopted by the Department to designate the | 28 |
| reservation of
parking facilities for a person with | 29 |
| disabilities or an expectant mother
shall also exhibit, in a
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| manner determined by the Department, the words "$100 Fine".
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| (c) If the amount of a fine is changed, the Department | 32 |
| shall change the
design of the
signs to indicate
the current |
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| amount of the fine.
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| (Source: P.A. 88-685, eff. 1-24-95; 89-533, eff. 1-1-97.)
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| (625 ILCS 5/11-1301.10 new)
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| Sec. 11-1301.10. Special device for expectant mother | 5 |
| parking.
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| (a) The Secretary of State shall provide for, by | 7 |
| administrative rules, the
design, size, color, and placement of | 8 |
| an expectant mother motorist
device
and shall provide for, by | 9 |
| administrative
rules, the content and form of an application | 10 |
| for an expectant mother
motorist device,
which must be used by | 11 |
| local authorities in the issuance of the device to
an expectant | 12 |
| mother, provided that the device is
valid for no more than 90 | 13 |
| days, subject to renewal for like periods based upon
continued | 14 |
| pregnancy, and further provided that the device clearly
sets | 15 |
| forth the date that the device expires.
The application must
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| include the requirement of an Illinois Identification Card | 17 |
| number or a State
of Illinois driver's license number.
This | 18 |
| device is the property of
the expectant mother and may be used | 19 |
| by her to designate and identify a vehicle
not owned by her
to
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| designate when the vehicle is being used to transport the | 21 |
| expectant mother.
Expectant mother devices issued and | 22 |
| displayed under
this Section must be recognized and honored by | 23 |
| all local authorities,
regardless of which local authority | 24 |
| issued the device.
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| The device may be issued only upon a showing by adequate
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| documentation that the person for whose benefit the device is | 27 |
| to be
used is an expectant mother whose mobility has been | 28 |
| limited by her condition.
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| (b) The local governing authorities are responsible for the | 30 |
| provision
of the device, its issuance, and its designated | 31 |
| placement within the
vehicle. The cost of the device is at the | 32 |
| discretion of
the local governing authority.
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| (c) The Secretary of State may issue an expectant mother | 34 |
| parking device
to an expectant mother whose mobility has been | 35 |
| limited by her condition.
Any expectant mother
parking device |
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| issued by the Secretary of State must be registered to
the | 2 |
| expectant mother in the form to be prescribed by the Secretary | 3 |
| of
State. The expectant mother parking device may not display
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| the person's address. One additional device may be issued to an
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| applicant upon her written request and with the approval of the
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| Secretary of
State.
The written request must include a | 7 |
| justification of the need for the
additional device.
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| (d) Replacement devices may be issued for lost, stolen, or
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| destroyed devices, upon application and payment of a $10 fee.
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| (e) This Section does not require any parking lot to | 11 |
| provide parking spaces
reserved for expectant mothers.
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| (625 ILCS 5/11-1301.11 new)
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| Sec. 11-1301.11. Unauthorized use of parking places | 14 |
| reserved for
expectant mothers.
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| (a) A person may not park any motor vehicle not properly
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| displaying
an expectant mother parking device,
in any parking | 17 |
| place, including any private
or public offstreet parking | 18 |
| facility, specifically reserved, by the
posting of an official | 19 |
| sign as designated under Section 11-301, for
motor vehicles | 20 |
| displaying the parking device.
When using the parking | 21 |
| privileges for an expectant mother, the parking
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.
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| An individual with a vehicle properly displaying
an expectant | 26 |
| mother
parking device issued to an expectant mother under | 27 |
| Section
11-1301.10 is in violation of this Section if the | 28 |
| person is not
the authorized holder of an expectant mother | 29 |
| parking
device and is not transporting the authorized holder of | 30 |
| an expectant mother
parking device to or from the parking
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| location and the person uses the expectant mother
parking | 32 |
| device to exercise any privileges granted through
expectant | 33 |
| mother parking devices under this
Code.
Any motor vehicle | 34 |
| properly displaying an expectant mother
parking device
issued | 35 |
| to expectant mothers by any local authority, state, district,
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| territory, or foreign country shall be recognized by State and | 2 |
| local
authorities as a
device and receive the same parking
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| privileges as residents of this State.
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| (b) Any person or local authority owning or operating any | 5 |
| public or private
offstreet parking facility may, after | 6 |
| notifying the police or sheriff's
department, remove or cause | 7 |
| to be removed to the nearest garage or other
place of safety | 8 |
| any vehicle parked within a stall or space reserved for
use by | 9 |
| an expectant mother which does not
display an expectant mother | 10 |
| parking device as required under this Section.
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| (c) Any person found guilty of violating this
Section shall | 12 |
| be fined $100 in addition to any costs or charges connected
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| with the removal or storage of any motor vehicle authorized | 14 |
| under this
Section; but municipalities by ordinance may impose | 15 |
| a fine up to
$200 and shall display signs indicating the fine | 16 |
| imposed. If the amount of
the fine is subsequently changed, the | 17 |
| municipality shall change the sign to
indicate the current | 18 |
| amount of the fine.
It shall not be a defense to a charge under | 19 |
| this Section that the sign posted
pursuant to this
Section does | 20 |
| not comply with the technical requirements of Section 11-301,
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| Department
regulations, or local ordinance if a reasonable | 22 |
| person would be made aware by
the
sign or notice on or near the | 23 |
| parking place that the place is reserved for
an expectant | 24 |
| mother.
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| (d) Local authorities shall impose fines as established in | 26 |
| subsection
(c) for violations of this Section.
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| (e) As used in this Section, "authorized holder" means an | 28 |
| individual
issued an expectant mother
parking device
under | 29 |
| Section 11-1301.10 of this Code.
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