093_HB3467

 
                                     LRB093 10300 DRH 12140 b

 1        AN ACT in relation to vehicles.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section 5.  The  Illinois  Vehicle  Code  is  amended  by
 5    changing  Section  11-301  and adding Sections 11-1301.10 and
 6    11-1301.11 as follows:

 7        (625 ILCS 5/11-301) (from Ch. 95 1/2, par. 11-301)
 8        Sec. 11-301.  Department to adopt sign manual.
 9        (a)  The  Department  shall  adopt  a  State  manual  and
10    specifications  for  a  uniform  system  of   traffic-control
11    devices  consistent  with  this Chapter for use upon highways
12    within this State. Such manual shall include the adoption  of
13    the  R  7-8  sign  adopted by the United States Department of
14    Transportation  to  designate  the  reservation  of   parking
15    facilities  for  a  person  with  disabilities  and  the sign
16    adopted  by  the  Secretary  of  State   to   designate   the
17    reservation  of  parking  facilities for an expectant mother.
18    Non-conforming signs in use prior to January  1,  1985  shall
19    not  constitute  a violation during their useful lives, which
20    shall not be extended by other means than normal maintenance.
21    The manual shall also  specify  insofar  as  practicable  the
22    minimum  warrants  justifying  the use of the various traffic
23    control devices. Such uniform  system  shall  correlate  with
24    and, where not inconsistent with Illinois highway conditions,
25    conform to the system set forth in the most recent edition of
26    the  national  manual  on Uniform Traffic Control Devices for
27    Streets and Highways.
28        (b)  Signs adopted by the  Department  to  designate  the
29    reservation   of   parking   facilities  for  a  person  with
30    disabilities or an expectant mother shall also exhibit, in  a
31    manner determined by the Department, the words "$100 Fine".
 
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 1        (c)  If  the  amount of a fine is changed, the Department
 2    shall change the design of the signs to indicate the  current
 3    amount of the fine.
 4    (Source: P.A. 88-685, eff. 1-24-95; 89-533, eff. 1-1-97.)

 5        (625 ILCS 5/11-1301.10 new)
 6        Sec.  11-1301.10.  Special  device  for  expectant mother
 7    parking.
 8        (a)  The  Secretary  of  State  shall  provide  for,   by
 9    administrative  rules, the design, size, color, and placement
10    of an expectant mother motorist device and shall provide for,
11    by  administrative  rules,  the  content  and  form   of   an
12    application  for  an  expectant mother motorist device, which
13    must be used by local authorities  in  the  issuance  of  the
14    device  to  an  expectant mother, provided that the device is
15    valid for no more than 90 days, subject to renewal  for  like
16    periods  based upon continued pregnancy, and further provided
17    that the device clearly sets forth the date that  the  device
18    expires.  The  application must include the requirement of an
19    Illinois Identification Card number or a  State  of  Illinois
20    driver's  license  number. This device is the property of the
21    expectant mother and may be used  by  her  to  designate  and
22    identify  a  vehicle  not  owned by her to designate when the
23    vehicle is being used  to  transport  the  expectant  mother.
24    Expectant  mother  devices  issued  and  displayed under this
25    Section  must  be  recognized  and  honored  by   all   local
26    authorities,  regardless  of which local authority issued the
27    device.
28        The device may be issued only upon a showing by  adequate
29    documentation that the person for whose benefit the device is
30    to  be  used  is  an expectant mother whose mobility has been
31    limited by her condition.
32        (b)  The local governing authorities are responsible  for
33    the provision of the device, its issuance, and its designated
 
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 1    placement  within  the vehicle.  The cost of the device is at
 2    the discretion of the local governing authority.
 3        (c)  The Secretary of State may issue an expectant mother
 4    parking device to an expectant mother whose mobility has been
 5    limited by her condition. Any expectant mother parking device
 6    issued by the Secretary of State must be  registered  to  the
 7    expectant  mother  in  the  form  to  be  prescribed  by  the
 8    Secretary  of State.  The expectant mother parking device may
 9    not display the person's address.  One additional device  may
10    be  issued  to an applicant upon her written request and with
11    the approval of the Secretary of State. The  written  request
12    must  include  a justification of the need for the additional
13    device.
14        (d)  Replacement devices may be issued for lost,  stolen,
15    or  destroyed  devices, upon application and payment of a $10
16    fee.
17        (e)  This Section does not require  any  parking  lot  to
18    provide parking spaces reserved for expectant mothers.

19        (625 ILCS 5/11-1301.11 new)
20        Sec.   11-1301.3.  Unauthorized  use  of  parking  places
21    reserved for expectant mothers.
22        (a)  A person may not park any motor vehicle not properly
23    displaying an expectant mother parking device, in any parking
24    place, including any  private  or  public  offstreet  parking
25    facility,   specifically  reserved,  by  the  posting  of  an
26    official sign as designated under Section 11-301,  for  motor
27    vehicles  displaying  the  parking  device.  When  using  the
28    parking  privileges  for  an  expectant  mother,  the parking
29    device must  be displayed properly in the vehicle where it is
30    clearly visible to law enforcement personnel, either  hanging
31    from  the  rearview  mirror or placed on the dashboard of the
32    vehicle in clear view. An individual with a vehicle  properly
33    displaying  an  expectant  mother parking device issued to an
 
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 1    expectant mother under Section 11-1301.10 is in violation  of
 2    this Section if the person is not the authorized holder of an
 3    expectant  mother  parking device and is not transporting the
 4    authorized holder of an expectant mother parking device to or
 5    from the parking location and the person uses  the  expectant
 6    mother  parking  device  to  exercise  any privileges granted
 7    through expectant mother parking devices under this Code. Any
 8    motor vehicle properly displaying an expectant mother parking
 9    device issued to expectant mothers by  any  local  authority,
10    state,  district,  territory,  or  foreign  country  shall be
11    recognized by State and local authorities  as  a  device  and
12    receive  the  same  parking  privileges  as residents of this
13    State.
14        (b)  Any person or local authority  owning  or  operating
15    any  public  or private offstreet parking facility may, after
16    notifying the police or sheriff's department, remove or cause
17    to be removed to the nearest garage or other place of  safety
18    any  vehicle  parked within a stall or space reserved for use
19    by an expectant mother which does not  display  an  expectant
20    mother parking device as required under this Section.
21        (c)  Any  person  found  guilty of violating this Section
22    shall be fined $100 in  addition  to  any  costs  or  charges
23    connected  with  the  removal or storage of any motor vehicle
24    authorized  under  this  Section;   but   municipalities   by
25    ordinance  may  impose  a  fine  up to $200 and shall display
26    signs indicating the fine imposed.  If the amount of the fine
27    is subsequently changed, the municipality  shall  change  the
28    sign to indicate the current amount of the fine. It shall not
29    be  a  defense  to  a charge under this Section that the sign
30    posted pursuant to this Section  does  not  comply  with  the
31    technical   requirements   of   Section   11-301,  Department
32    regulations, or local ordinance if a reasonable person  would
33    be  made  aware  by the sign or notice on or near the parking
34    place that the place is reserved for an expectant mother.
 
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 1        (d)  Local authorities shall impose fines as  established
 2    in subsection (c) for violations of this Section.
 3        (e)  As  used  in this Section, "authorized holder" means
 4    an individual issued an expectant mother parking device under
 5    Section 11-1301.10 of this Code.