Illinois General Assembly - Full Text of HB5624
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Full Text of HB5624  97th General Assembly

HB5624enr 97TH GENERAL ASSEMBLY

  
  
  

 


 
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1    AN ACT concerning transportation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Vehicle Code is amended by changing
5Sections 11-1301.1, 11-1301.2, 11-1301.3, and 11-1301.5 as
6follows:
 
7    (625 ILCS 5/11-1301.1)  (from Ch. 95 1/2, par. 11-1301.1)
8    Sec. 11-1301.1. Persons with disabilities - Parking
9privileges - Exemptions. A motor vehicle bearing registration
10plates issued to a person with disabilities, as defined by
11Section 1-159.1, pursuant to Section 3-616 or to a disabled
12veteran pursuant to Section 3-609 or a special decal or device
13issued pursuant to Section 3-616 or pursuant to Section
1411-1301.2 of this Code or a motor vehicle registered in another
15jurisdiction, state, district, territory or foreign country
16upon which is displayed a registration plate, special decal or
17device issued by the other jurisdiction designating the vehicle
18is operated by or for a person with disabilities shall be
19exempt from the payment of parking meter fees until January 1,
202014, and exempt from any statute or ordinance imposing time
21limitations on parking, except limitations of one-half hour or
22less, on any street or highway zone, a parking area subject to
23regulation under subsection (a) of Section 11-209 of this Code,

 

 

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1or any parking lot or parking place which are owned, leased or
2owned and leased by a municipality or a municipal parking
3utility; and shall be recognized by state and local authorities
4as a valid license plate or parking device and shall receive
5the same parking privileges as residents of this State; but,
6such vehicle shall be subject to the laws which prohibit
7parking in "no stopping" and "no standing" zones in front of or
8near fire hydrants, driveways, public building entrances and
9exits, bus stops and loading areas, and is prohibited from
10parking where the motor vehicle constitutes a traffic hazard,
11whereby such motor vehicle shall be moved at the instruction
12and request of a law enforcement officer to a location
13designated by the officer. Any motor vehicle bearing
14registration plates or a special decal or device specified in
15this Section or in Section 3-616 of this Code or such parking
16device as specifically authorized in Section 11-1301.2 as
17evidence that the vehicle is operated by or for a person with
18disabilities or disabled veteran may park, in addition to any
19other lawful place, in any parking place specifically reserved
20for such vehicles by the posting of an official sign as
21provided under Section 11-301. Parking privileges granted by
22this Section are strictly limited to the person to whom the
23special registration plates, special decal or device were
24issued and to qualified operators acting under his express
25direction while the person with disabilities is present. A
26person to whom privileges were granted shall, at the request of

 

 

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1a police officer or any other person invested by law with
2authority to direct, control, or regulate traffic, present an
3identification card with a picture as verification that the
4person is the person to whom the special registration plates,
5special decal or device was issued.
6    Such parking privileges granted by this Section are also
7extended to motor vehicles of not-for-profit organizations
8used for the transportation of persons with disabilities when
9such motor vehicles display the decal or device issued pursuant
10to Section 11-1301.2 of this Code.
11    No person shall use any area for the parking of any motor
12vehicle pursuant to Section 11-1303 of this Code or where an
13official sign controlling such area expressly prohibits
14parking at any time or during certain hours.
15    Beginning January 1, 2014, a vehicle displaying a decal or
16device issued under subsection (c-5) of Section 11-1301.2 of
17this Code shall be exempt from the payment of fees generated by
18parking in a metered space or in a publicly owned parking
19structure or area.
20(Source: P.A. 95-167, eff. 1-1-08; 96-79, eff. 1-1-10.)
 
21    (625 ILCS 5/11-1301.2)  (from Ch. 95 1/2, par. 11-1301.2)
22    Sec. 11-1301.2. Special decals for parking; persons with
23disabilities.
24    (a) The Secretary of State shall provide for, by
25administrative rules, the design, size, color, and placement of

 

 

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1a person with disabilities motorist decal or device and shall
2provide for, by administrative rules, the content and form of
3an application for a person with disabilities motorist decal or
4device, which shall be used by local authorities in the
5issuance thereof to a person with temporary disabilities,
6provided that the decal or device is valid for no more than 90
7days, subject to renewal for like periods based upon continued
8disability, and further provided that the decal or device
9clearly sets forth the date that the decal or device expires.
10The application shall include the requirement of an Illinois
11Identification Card number or a State of Illinois driver's
12license number. This decal or device may be used by the
13authorized holder to designate and identify a vehicle not owned
14or displaying a registration plate as provided in Sections
153-609 and 3-616 of this Act to designate when the vehicle is
16being used to transport said person or persons with
17disabilities, and thus is entitled to enjoy all the privileges
18that would be afforded a person with disabilities licensed
19vehicle. Person with disabilities decals or devices issued and
20displayed pursuant to this Section shall be recognized and
21honored by all local authorities regardless of which local
22authority issued such decal or device.
23    The decal or device shall be issued only upon a showing by
24adequate documentation that the person for whose benefit the
25decal or device is to be used has a temporary disability as
26defined in Section 1-159.1 of this Code.

 

 

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1    (b) The local governing authorities shall be responsible
2for the provision of such decal or device, its issuance and
3designated placement within the vehicle. The cost of such decal
4or device shall be at the discretion of such local governing
5authority.
6    (c) The Secretary of State may, pursuant to Section
73-616(c), issue a person with disabilities parking decal or
8device to a person with disabilities as defined by Section
91-159.1. Any person with disabilities parking decal or device
10issued by the Secretary of State shall be registered to that
11person with disabilities in the form to be prescribed by the
12Secretary of State. The person with disabilities parking decal
13or device shall not display that person's address. One
14additional decal or device may be issued to an applicant upon
15his or her written request and with the approval of the
16Secretary of State. The written request must include a
17justification of the need for the additional decal or device.
18    (c-5) Beginning January 1, 2014, the Secretary shall
19provide by administrative rule for the issuance of a separate
20and distinct parking decal or device for persons with
21disabilities as defined by Section 1-159.1 of this Code. The
22authorized holder of a decal or device issued under this
23subsection (c-5) shall be exempt from the payment of fees
24generated by parking in a metered space, a parking area subject
25to paragraph (10) of subsection (a) of Section 11-209 of this
26Code, or a publicly owned parking structure or area.

 

 

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

 

 

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1the Secretary shall issue a meter-exempt decal or device to a
2person who has been issued registration plates under Section
33-616 of this Code or a special decal or device under this
4Section, if the applicant is the parent or guardian of a person
5with disabilities who is under 18 years of age and incapable of
6driving.
7    (d) Replacement decals or devices may be issued for lost,
8stolen, or destroyed decals upon application and payment of a
9$10 fee. The replacement fee may be waived for individuals that
10have claimed and received a grant under the Senior Citizens and
11Disabled Persons Property Tax Relief and Pharmaceutical
12Assistance Act.
13(Source: P.A. 95-167, eff. 1-1-08; 96-72, eff. 1-1-10; 96-79,
14eff. 1-1-10; 96-1000, eff. 7-2-10.)
 
15    (625 ILCS 5/11-1301.3)  (from Ch. 95 1/2, par. 11-1301.3)
16    Sec. 11-1301.3. Unauthorized use of parking places
17reserved for persons with disabilities.
18    (a) It shall be prohibited to park any motor vehicle which
19is not properly displaying registration plates or decals issued
20to a person with disabilities, as defined by Section 1-159.1,
21pursuant to Sections 3-616, 11-1301.1 or 11-1301.2, or to a
22disabled veteran pursuant to Section 3-609 of this Act, as
23evidence that the vehicle is operated by or for a person with
24disabilities or disabled veteran, in any parking place,
25including any private or public offstreet parking facility,

 

 

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1specifically reserved, by the posting of an official sign as
2designated under Section 11-301, for motor vehicles displaying
3such registration plates. It shall be prohibited to park any
4motor vehicle in a designated access aisle adjacent to any
5parking place specifically reserved for persons with
6disabilities, by the posting of an official sign as designated
7under Section 11-301, for motor vehicles displaying such
8registration plates. When using the parking privileges for
9persons with disabilities, the parking decal or device must be
10displayed properly in the vehicle where it is clearly visible
11to law enforcement personnel, either hanging from the rearview
12mirror or placed on the dashboard of the vehicle in clear view.
13Disability license plates and parking decals and devices are
14not transferable from person to person. Proper usage of the
15disability license plate or parking decal or device requires
16the authorized holder to be present and enter or exit the
17vehicle at the time the parking privileges are being used. It
18is a violation of this Section to park in a space reserved for
19a person with disabilities if the authorized holder of the
20disability license plate or parking decal or device does not
21enter or exit the vehicle at the time the parking privileges
22are being used. Any motor vehicle properly displaying a
23disability license plate or a parking decal or device
24containing the International symbol of access issued to persons
25with disabilities by any local authority, state, district,
26territory or foreign country shall be recognized by State and

 

 

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1local authorities as a valid license plate or device and
2receive the same parking privileges as residents of this State.
3    (a-1) An individual with a vehicle displaying disability
4license plates or a parking decal or device issued to a
5qualified person with a disability under Sections 3-616,
611-1301.1, or 11-1301.2 or to a disabled veteran under Section
73-609 is in violation of this Section if (i) the person using
8the disability license plate or parking decal or device is not
9the authorized holder of the disability license plate or
10parking decal or device or is not transporting the authorized
11holder of the disability license plate or parking decal or
12device to or from the parking location and (ii) the person uses
13the disability license plate or parking decal or device to
14exercise any privileges granted through the disability license
15plate or parking decals or devices under this Code.
16    (b) Any person or local authority owning or operating any
17public or private offstreet parking facility may, after
18notifying the police or sheriff's department, remove or cause
19to be removed to the nearest garage or other place of safety
20any vehicle parked within a stall or space reserved for use by
21a person with disabilities which does not display person with
22disabilities registration plates or a special decal or device
23as required under this Section.
24    (c) Any person found guilty of violating the provisions of
25subsection (a) shall be fined $250 in addition to any costs or
26charges connected with the removal or storage of any motor

 

 

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1vehicle authorized under this Section; but municipalities by
2ordinance may impose a fine up to $350 and shall display signs
3indicating the fine imposed. If the amount of the fine is
4subsequently changed, the municipality shall change the sign to
5indicate the current amount of the fine. It shall not be a
6defense to a charge under this Section that either the sign
7posted pursuant to this Section or the intended accessible
8parking place does not comply with the technical requirements
9of Section 11-301, Department regulations, or local ordinance
10if a reasonable person would be made aware by the sign or
11notice on or near the parking place that the place is reserved
12for a person with disabilities.
13    (c-1) Any person found guilty of violating the provisions
14of subsection (a-1) a first time shall be fined $600 $500. Any
15person found guilty of violating subsection (a-1) a second time
16shall be fined $750. Any person found guilty of violating
17subsection (a-1) a third or subsequent time shall be fined
18$1,000. The circuit clerk shall distribute 50% of the fine
19imposed on any person who is found guilty of or pleads guilty
20to violating this Section, including any person placed on court
21supervision for violating this Section, to the law enforcement
22agency that issued the citation or made the arrest. If more
23than one law enforcement agency is responsible for issuing the
24citation or making the arrest, the 50% of the fine imposed
25shall be shared equally. If an officer of the Secretary of
26State Department of Police arrested a person for a violation of

 

 

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1this Section, 50% of the fine imposed shall be deposited into
2the Secretary of State Police Services Fund.
3    (d) Local authorities shall impose fines as established in
4subsections (c) and (c-1) for violations of this Section.
5    (e) As used in this Section, "authorized holder" means an
6individual issued a disability license plate under Section
73-616 of this Code, an individual issued a parking decal or
8device under Section 11-1301.2 of this Code, or an individual
9issued a disabled veteran's license plate under Section 3-609
10of this Code.
11    (f) Any person who commits a violation of subsection (a-1)
12may have his or her driving privileges suspended or revoked by
13the Secretary of State for a period of time determined by the
14Secretary of State. The Secretary of State may also suspend or
15revoke the disability license plates or parking decal or device
16for a period of time determined by the Secretary of State.
17    (g) Any police officer may seize the parking decal or
18device from any person who commits a violation of this Section.
19Any police officer may seize the disability license plate upon
20authorization from the Secretary of State. Any police officer
21may request that the Secretary of State revoke the parking
22decal or device or the disability license plate of any person
23who commits a violation of this Section.
24(Source: P.A. 95-167, eff. 1-1-08; 95-430, eff. 6-1-08; 95-876,
25eff. 8-21-08; 96-72, eff. 1-1-10; 96-79, eff. 1-1-10; 96-962,
26eff. 7-2-10; 96-1000, eff. 7-2-10.)
 

 

 

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1    (625 ILCS 5/11-1301.5)
2    Sec. 11-1301.5. Fictitious or unlawfully altered
3disability license plate or parking decal or device.
4    (a) As used in this Section:
5    "Fictitious disability license plate or parking decal or
6device" means any issued disability license plate or parking
7decal or device, or any license plate issued to a disabled
8veteran under Section 3-609 of this Code, that has been issued
9by the Secretary of State or an authorized unit of local
10government that was issued based upon false information
11contained on the required application.
12    "False information" means any incorrect or inaccurate
13information concerning the name, date of birth, social security
14number, driver's license number, physician certification, or
15any other information required on the Persons with Disabilities
16Certification for Plate or Parking Placard, on the Application
17for Replacement Disability Parking Placard, or on the
18application for license plates issued to disabled veterans
19under Section 3-609 of this Code, that falsifies the content of
20the application.
21    "Unlawfully altered disability license plate or parking
22permit or device" means any disability license plate or parking
23permit or device, or any license plate issued to a disabled
24veteran under Section 3-609 of this Code, issued by the
25Secretary of State or an authorized unit of local government

 

 

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1that has been physically altered or changed in such manner that
2false information appears on the license plate or parking decal
3or device.
4    "Authorized holder" means an individual issued a
5disability license plate under Section 3-616 of this Code or an
6individual issued a parking decal or device under Section
711-1301.2 of this Code, or an individual issued a disabled
8veteran's license plate under Section 3-609 of this Code.
9    (b) It is a violation of this Section for any person:
10        (1) to knowingly possess any fictitious or unlawfully
11    altered disability license plate or parking decal or
12    device;
13        (2) to knowingly issue or assist in the issuance of, by
14    the Secretary of State or unit of local government, any
15    fictitious disability license plate or parking decal or
16    device;
17        (3) to knowingly alter any disability license plate or
18    parking decal or device;
19        (4) to knowingly manufacture, possess, transfer, or
20    provide any documentation used in the application process
21    whether real or fictitious, for the purpose of obtaining a
22    fictitious disability license plate or parking decal or
23    device;
24        (5) to knowingly provide any false information to the
25    Secretary of State or a unit of local government in order
26    to obtain a disability license plate or parking decal or

 

 

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1    device; or
2        (6) to knowingly transfer a disability license plate or
3    parking decal or device for the purpose of exercising the
4    privileges granted to an authorized holder of a disability
5    license plate or parking decal or device under this Code in
6    the absence of the authorized holder; or .
7        (7) for a physician, physician assistant, or advanced
8    practice nurse to knowingly falsify a certification that a
9    person is a person with disabilities as defined by Section
10    1-159.1 of this Code.
11    (c) Sentence.
12        (1) Any person convicted of a violation of paragraph
13    (1), (2), (3), (4), or (5), or (7) of subsection (b) of
14    this Section shall be guilty of a Class A misdemeanor and
15    fined not less than $1,000 $500 for a first offense and
16    shall be guilty of a Class 4 felony and fined not less than
17    $2,000 $1,000 for a second or subsequent offense. Any
18    person convicted of a violation of subdivision (b)(6) of
19    this Section is guilty of a Class A misdemeanor and shall
20    be fined not less than $1,000 $500 for a first offense and
21    not less than $2,000 $1,000 for a second or subsequent
22    offense. The circuit clerk shall distribute one-half of any
23    fine imposed on any person who is found guilty of or pleads
24    guilty to violating this Section, including any person
25    placed on court supervision for violating this Section, to
26    the law enforcement agency that issued the citation or made

 

 

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1    the arrest. If more than one law enforcement agency is
2    responsible for issuing the citation or making the arrest,
3    one-half of the fine imposed shall be shared equally.
4        (2) Any person who commits a violation of this Section
5    may have his or her driving privileges suspended or revoked
6    by the Secretary of State for a period of time determined
7    by the Secretary of State. The Secretary of State may
8    suspend or revoke the parking decal or device or the
9    disability license plate of any person who commits a
10    violation of this Section.
11        (3) Any police officer may seize the parking decal or
12    device from any person who commits a violation of this
13    Section. Any police officer may seize the disability
14    license plate upon authorization from the Secretary of
15    State. Any police officer may request that the Secretary of
16    State revoke the parking decal or device or the disability
17    license plate of any person who commits a violation of this
18    Section.
19(Source: P.A. 95-167, eff. 1-1-08; 96-79, eff. 1-1-10.)