Full Text of HB0536 95th General Assembly
HB0536 95TH GENERAL ASSEMBLY
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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 HB0536
Introduced 2/1/2007, by Rep. David R. Leitch SYNOPSIS AS INTRODUCED: |
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625 ILCS 5/3-412 |
from Ch. 95 1/2, par. 3-412 |
625 ILCS 5/12-503 |
from Ch. 95 1/2, par. 12-503 |
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Amends the Illinois Vehicle Code. Provides that the prohibition against tinted windshields and tinted side windows does not apply to vehicles owned and operated by persons afflicted with or suffering from a medical illness, ailment, or disease requiring that person to be shielded from the direct rays of the sun, including but not limited to systemic or discoid lupus erythematosus, disseminated superficial actinic porokeratosis, or albinism, or to vehicles used in transporting a person who lives at the same address as the registered owner and is afflicted with or suffers from such an illness, ailment, or disease, regardless of the date on which the tinted windows were installed or the tinting was applied. Deletes language providing that the exemption does not apply after January 1, 2008. Deletes language providing that a permanent exemption applies only to vehicles owned and operated by or used in transporting persons afflicted with or suffering from systemic or discoid lupus erythematosus or albinism. Provides that the Secretary of State shall issue distinctive registration plates or plate stickers for the exempted vehicles (as well as for vehicles owned and operated by, or used in transporting, persons afflicted with or suffering from systemic or discoid lupus erythematosus or albinism). Provides that the Secretary shall issue the plates immediately upon receiving a physician's certification that an applicant qualifies for the plates. Effective immediately.
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A BILL FOR
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HB0536 |
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LRB095 07841 DRH 28002 b |
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| AN ACT concerning transportation.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Illinois Vehicle Code is amended by changing | 5 |
| Sections 3-412 and 12-503 as follows:
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| (625 ILCS 5/3-412) (from Ch. 95 1/2, par. 3-412)
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| Sec. 3-412. Registration plates and registration stickers | 8 |
| to be
furnished by the Secretary of State.
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| (a) The Secretary of State upon registering a vehicle | 10 |
| subject to annual
registration for the first time shall issue | 11 |
| or shall cause to be issued to the
owner one registration plate | 12 |
| for a motorcycle, trailer, semitrailer, motorized
pedalcycle | 13 |
| or truck-tractor, 2 registration plates for other motor | 14 |
| vehicles
and, where applicable, current registration stickers | 15 |
| for motor vehicles of the
first division. The provisions of | 16 |
| this Section may be made applicable to such
vehicles of the | 17 |
| second division, as the Secretary of State may, from time to
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| time, in his discretion designate. On subsequent annual | 19 |
| registrations
during the term of the registration plate as | 20 |
| provided in Section 3-414.1, the
Secretary shall issue or cause | 21 |
| to be issued registration stickers as evidence
of current | 22 |
| registration. However, the issuance of annual registration | 23 |
| stickers
to vehicles registered under the provisions of |
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HB0536 |
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LRB095 07841 DRH 28002 b |
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| Sections 3-402.1 and 3-405.3 of
this Code may not be required | 2 |
| if the Secretary deems the issuance unnecessary.
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| (b) Every registration plate shall have displayed upon it | 4 |
| the registration
number assigned to the vehicle for which it is | 5 |
| issued, the name of this State,
which may be abbreviated, the | 6 |
| year number for which it was issued, which may
be abbreviated, | 7 |
| the phrase "Land of Lincoln" (except as otherwise provided in
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| this Code), and such other letters or numbers as the Secretary
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| may prescribe. However, for apportionment plates issued to | 10 |
| vehicles registered
under Section 3-402.1 and fleet plates | 11 |
| issued to vehicles registered under
Section 3-405.3, the phrase | 12 |
| "Land of Lincoln" may be omitted to allow for
the word | 13 |
| "apportioned", the word "fleet", or other similar language to | 14 |
| be
displayed. Registration plates issued to a vehicle | 15 |
| registered as a fleet
vehicle may display a designation | 16 |
| determined by the Secretary.
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| The Secretary may in his discretion prescribe
that letters | 18 |
| be used as prefixes only on registration plates issued to | 19 |
| vehicles
of the first division which are registered under this | 20 |
| Code and only as suffixes
on registration plates issued to | 21 |
| other vehicles. Every registration sticker
issued as evidence | 22 |
| of current registration shall designate the year number
for | 23 |
| which it is issued and such other letters or numbers as the | 24 |
| Secretary may
prescribe and shall be of a contrasting color | 25 |
| with the registration plates and
registration stickers of the | 26 |
| previous year.
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LRB095 07841 DRH 28002 b |
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| (c) Each registration plate and the required letters and | 2 |
| numerals thereon,
except the year number for which issued, | 3 |
| shall be of sufficient size to be
plainly readable from a | 4 |
| distance of 100 feet during daylight, and shall be
coated with | 5 |
| reflectorizing material. The dimensions of the plate issued to
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| vehicles of the first division shall be 6 by 12 inches.
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| (d) The Secretary of State shall issue for every passenger | 8 |
| motor vehicle
rented without a driver the same type of | 9 |
| registration plates as the type of
plates issued for a private | 10 |
| passenger vehicle.
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| (e) The Secretary of State shall issue for every passenger
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| car used as a taxicab or livery, distinctive registration | 13 |
| plates.
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| (f) The Secretary of State shall issue for every motorcycle
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| distinctive registration plates distinguishing between
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| motorcycles having 150 or more cubic centimeters piston
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| displacement, or having less than 150 cubic centimeter
piston | 18 |
| displacement.
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| (g) Registration plates issued to vehicles for-hire may
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| display a designation as determined by the Secretary that
such | 21 |
| vehicles are for-hire.
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| (h) The Secretary of State shall issue distinctive | 23 |
| registration plates for electric vehicles.
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| (i) The Secretary of State shall issue for every public and | 25 |
| private
ambulance registration plates identifying the vehicle | 26 |
| as an ambulance.
The Secretary shall forward to the Department |
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LRB095 07841 DRH 28002 b |
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| of Healthcare and Family Services
Public Aid registration
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| information for the purpose of verification of claims filed | 3 |
| with the
Department by ambulance owners for payment for | 4 |
| services to public assistance
recipients.
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| (j) The Secretary of State shall issue for every public and | 6 |
| private
medical carrier or rescue vehicle livery registration | 7 |
| plates displaying
numbers within ranges of numbers reserved | 8 |
| respectively for medical carriers
and rescue vehicles. The | 9 |
| Secretary shall forward to the Department of Healthcare and | 10 |
| Family Services
Public
Aid registration information for the | 11 |
| purpose of verification of claims filed
with the Department by | 12 |
| owners of medical carriers or rescue vehicles for
payment for | 13 |
| services to public assistance recipients.
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| (k) The Secretary of State shall issue distinctive license | 15 |
| plates or distinctive license plate stickers for every vehicle | 16 |
| exempted from subsection (a) of Section 12-503 by subsection | 17 |
| (g) of that Section, and by subsection (g-5) of that Section | 18 |
| before its deletion by this amendatory Act of the 95th General | 19 |
| Assembly. The Secretary shall issue these plates or stickers | 20 |
| immediately upon receiving the physician's certification | 21 |
| required under subsection (g) of Section 12-503. New plates or | 22 |
| stickers shall also be issued when the certification is renewed | 23 |
| as provided in that subsection .
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| (Source: P.A. 94-239, eff. 1-1-06; 94-564, eff. 8-12-05; | 25 |
| revised 12-15-05.)
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LRB095 07841 DRH 28002 b |
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| (625 ILCS 5/12-503) (from Ch. 95 1/2, par. 12-503)
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| Sec. 12-503. Windshields must be unobstructed and equipped | 3 |
| with wipers.
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| (a) No person shall drive a motor vehicle with any sign, | 5 |
| poster, window
application, reflective material, nonreflective | 6 |
| material or tinted film
upon the front windshield, sidewings or | 7 |
| side windows immediately adjacent
to each side of the driver. A | 8 |
| nonreflective tinted film may be used along
the uppermost | 9 |
| portion of the windshield if such material does not extend
more | 10 |
| than 6 inches down from the top of the windshield. Nothing in | 11 |
| this
Section shall create a cause of action on behalf of a | 12 |
| buyer against a
dealer or manufacturer who sells a motor | 13 |
| vehicle with a window which is in
violation of this Section.
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| (b) Nothing contained in this Section shall prohibit the | 15 |
| use of
nonreflective, smoked or tinted glass, nonreflective | 16 |
| film, perforated
window screen or other decorative window | 17 |
| application on windows to the rear
of the driver's seat, except | 18 |
| that any motor vehicle with a window to the
rear of the | 19 |
| driver's seat treated in this manner shall be equipped with a
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| side mirror on each side of the motor vehicle which are in | 21 |
| conformance with
Section 12-502.
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| (c) No person shall drive a motor vehicle with any objects | 23 |
| placed or
suspended between the driver and the front | 24 |
| windshield, rear
window, side wings or side windows immediately | 25 |
| adjacent to each side of
the driver which materially obstructs | 26 |
| the driver's view.
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| (d) Every motor vehicle, except motorcycles, shall be | 2 |
| equipped with a
device, controlled by the driver, for cleaning | 3 |
| rain, snow, moisture or other
obstructions from the windshield; | 4 |
| and no person shall drive a motor vehicle
with snow, ice, | 5 |
| moisture or other material on any of the windows or
mirrors, | 6 |
| which materially obstructs the driver's clear view of the | 7 |
| highway.
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| (e) No person shall drive a motor vehicle when the | 9 |
| windshield, side or
rear windows are in such defective | 10 |
| condition or repair as to materially
impair the driver's view | 11 |
| to the front, side or rear. A vehicle equipped
with a side | 12 |
| mirror on each side of the vehicle which are in conformance
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| with Section 12-502 will be deemed to be in compliance in the | 14 |
| event the
rear window of the vehicle is materially obscured.
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| (f) Paragraphs (a) and (b) of this Section shall not apply | 16 |
| to:
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| (1) motor vehicles manufactured prior to January 1, | 18 |
| 1982; or
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| (2) to those motor vehicles properly registered in | 20 |
| another jurisdiction.
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| (g) Paragraph (a) of this Section shall not apply to any | 22 |
| motor vehicle with
a window treatment, including but not | 23 |
| limited to a window application,
reflective material, | 24 |
| nonreflective material, or tinted film, applied or affixed
to a
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| the motor vehicle that:
for the purposes set forth in item (1) | 26 |
| or (2) before the
effective date of this amendatory Act of 1997 |
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LRB095 07841 DRH 28002 b |
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| and:
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| (1) that is owned and operated by a person afflicted | 3 |
| with or suffering
from a medical illness, ailment, or | 4 |
| disease , including but not limited to systemic or discoid | 5 |
| lupus erythematosus, disseminated superficial actinic | 6 |
| porokeratosis, or albinism, which would require that | 7 |
| person
to be shielded from the direct rays of the sun; or
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| (2) that is used in transporting a person when the | 9 |
| person
resides at
the same address as the registered owner | 10 |
| of the vehicle and the
person is
afflicted with or | 11 |
| suffering from a medical illness, ailment or disease
which | 12 |
| would require the person to be shielded from the direct | 13 |
| rays
of the
sun , including but not limited to systemic or | 14 |
| discoid lupus erythematosus, disseminated superficial | 15 |
| actinic porokeratosis, or albinism. ;
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| It must be certified in a statement or letter written | 17 |
| by a physician licensed to practice medicine in
Illinois | 18 |
| that such person owning and operating or being transported | 19 |
| in a motor
vehicle is afflicted with or suffers from such | 20 |
| illness, ailment, or disease , including but not limited to | 21 |
| systemic or discoid lupus erythematosus, disseminated | 22 |
| superficial actinic porokeratosis, or albinism, and
such | 23 |
| certification must be carried in the motor vehicle at all | 24 |
| times. The
certification shall be legible and shall contain | 25 |
| the date of issuance, the
name, address and signature of | 26 |
| the attending physician, and the name, address,
and medical |
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HB0536 |
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LRB095 07841 DRH 28002 b |
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| condition of the person requiring exemption. The | 2 |
| information on
the certificate for a window treatment | 3 |
| applied or affixed before the effective
date of this | 4 |
| amendatory Act of 1997 must remain current and shall be | 5 |
| renewed
annually by the attending physician , but in no | 6 |
| event shall a
certificate issued for purposes of this | 7 |
| subsection be valid on or after
January 1, 2008 . The person | 8 |
| shall also submit a copy of the certification to
the | 9 |
| Secretary of
State. The Secretary of State may forward | 10 |
| notice of certification to law
enforcement agencies.
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| This subsection shall not be construed to authorize window | 12 |
| treatments
applied or affixed on or after the effective date of | 13 |
| this amendatory Act of
1997.
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| The exemption provided by this subsection (g) shall not | 15 |
| apply to any motor
vehicle on and after January 1, 2008.
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| This subsection (g) does not apply to the exemption set | 17 |
| forth in subsection (g-5). | 18 |
| (g-5) (Blank).
Paragraph (a) of this Section does not apply | 19 |
| to any motor vehicle with a window treatment, including but not | 20 |
| limited to a window application, reflective material, | 21 |
| nonreflective material, or tinted film, applied or affixed to a | 22 |
| motor vehicle that: | 23 |
| (i) is owned and operated by a person afflicted with or | 24 |
| suffering from systemic or discoid lupus erythematosus or | 25 |
| albinism; or | 26 |
| (ii) is used in transporting a person who resides at |
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LRB095 07841 DRH 28002 b |
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| the same address as the registered owner and is afflicted | 2 |
| with or suffers from systemic or discoid lupus | 3 |
| erythematosus or albinism. | 4 |
| It must be certified by a physician licensed to practice | 5 |
| medicine in Illinois that the person owning and operating or | 6 |
| being transported in a motor vehicle is afflicted with or | 7 |
| suffers from systemic or discoid lupus erythematosus or | 8 |
| albinism and the certification must be carried in the motor | 9 |
| vehicle at all times. The certification shall be legible and | 10 |
| shall contain the date of issuance, the name, address, and | 11 |
| signature of the attending physician, and the name, address, | 12 |
| and medical condition of the person requiring exemption. The | 13 |
| information on the certificate for a window treatment must | 14 |
| remain current and shall be renewed annually by the attending | 15 |
| physician. The owner of the vehicle shall also submit a copy of | 16 |
| the certification to the Secretary of State. The Secretary of | 17 |
| State may forward notice of certification to law enforcement | 18 |
| agencies. | 19 |
| (h) Paragraph (a) of this Section shall not apply to motor | 20 |
| vehicle
stickers or other certificates issued by State or local | 21 |
| authorities which
are required to be displayed upon motor | 22 |
| vehicle windows to evidence
compliance with requirements | 23 |
| concerning motor vehicles.
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| (i) Those motor vehicles exempted under paragraph (f)(1) of | 25 |
| this Section
shall not cause their windows to be treated as | 26 |
| described in paragraph (a) after
January 1, 1993.
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| (j) A person found guilty of violating paragraphs (a), (b), | 2 |
| or (i) of this
Section shall be guilty of a petty offense and | 3 |
| fined no less than $50 nor more
than $500. A second or | 4 |
| subsequent violation of paragraphs (a), (b), or (i) of
this | 5 |
| Section shall be treated as a Class C misdemeanor and the | 6 |
| violator fined
no less than $100 nor more than $500. Any person | 7 |
| convicted under paragraphs
(a), (b), or (i) of this Section | 8 |
| shall be ordered to alter any
nonconforming windows into | 9 |
| compliance with this Section.
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| (Source: P.A. 94-564, eff. 8-12-05.)
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| Section 99. Effective date. This Act takes effect upon | 12 |
| becoming law.
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