Illinois General Assembly - Full Text of HB3132
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Full Text of HB3132  95th General Assembly

HB3132enr 95TH GENERAL ASSEMBLY



 


 
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1     AN ACT concerning transportation.
 
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 changing
5 Sections 3-604, 3-609, 11-209, 11-1301.1, 11-1301.2,
6 11-1301.3, 11-1301.5, and 11-1301.6 and by adding Section
7 3-609.01 as follows:
 
8     (625 ILCS 5/3-604)  (from Ch. 95 1/2, par. 3-604)
9     Sec. 3-604. Expiration of special plates. Every special
10 plate issued, except those issued for dealers, manufacturers
11 and transporters under Section 3-602 and persons with
12 disabilities under Sections 3-609, 3-609.01, or 3-616, or deaf
13 or hard of hearing under Section 3-616 of this Code, may be
14 issued for a 2 year period beginning January 1st of each
15 odd-numbered year and ending December 31st of the subsequent
16 even-numbered year. The special plates issued to a person with
17 disabilities or a person who is deaf or hard of hearing shall
18 expire according to the multi-year procedure as established by
19 Section 3-414 of this Code.
20     Special plates issued to members of the General Assembly
21 under Section 3-606 shall expire at midnight on the 31st day of
22 January in odd-numbered years.
23 (Source: P.A. 88-685, eff. 1-24-95; 89-245, eff. 1-1-96.)
 

 

 

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1     (625 ILCS 5/3-609)  (from Ch. 95 1/2, par. 3-609)
2     Sec. 3-609. Disabled Veterans' Plates. Any disabled
3 veteran whose degree of disability has been declared to be 100%
4 by the United States Department of Veterans Affairs and who has
5 been or declared eligible for funds for the purchase of a motor
6 vehicle of the first division or for a motor vehicle of the
7 second division weighing not more than 8,000 pounds by the
8 United States Federal Government because of his disability, may
9 make application for the registration of one such vehicle, to
10 the Secretary of State without the payment of any registration
11 fee. Registration shall be for a multi-year period effective in
12 1980 and may be issued staggered registration.
13     Any disabled veteran of World War I, of World War II, of
14 the National Emergency between June 25, 1950 and January 31,
15 1955 or of the period beginning February 1, 1955 and ending on
16 the day before the first day thereafter in which individuals
17 (other than individuals liable for induction by reason of prior
18 deferment) are no longer liable for induction for training and
19 service into the armed forces under the Military Selective
20 Service Act of 1967, or of any armed conflict involving the
21 armed forces of the United States, who has a service-connected
22 disability of such a nature that it would, if it had been
23 incurred in World War II, have entitled him to be awarded an
24 automobile by the United States Federal Government, or who is
25 receiving compensation from the Veterans Administration for

 

 

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1 total service-connected disability, may make application to
2 the Secretary of State for the registration of one motor
3 vehicle of the first division without accompanying such
4 application with the payment of any fee.
5     Renewal of such registration must be accompanied with
6 documentation for eligibility of registration without fee
7 unless the applicant has a permanent qualifying disability, and
8 such registration plates may not be issued to any person not
9 eligible therefor.
10     The Illinois Veterans Commission may assist in providing
11 the documentation of disability.
12 (Source: P.A. 86-444; 87-895.)
 
13     (625 ILCS 5/3-609.01 new)
14     Sec. 3-609.01. Handicapped Veterans' plates.
15     (a) Any disabled veteran whose degree of disability has
16 been declared to be less than 100% by the United States
17 Department of Veterans Affairs and who has been or declared
18 eligible for funds for the purchase of a motor vehicle of the
19 first division or for a motor vehicle of the second division
20 weighing not more than 8,000 pounds by the United States
21 Federal Government because of his or her disability, may make
22 application for the registration of one of those vehicles, to
23 the Secretary of State without the payment of any registration
24 fee. Registration shall be for a multi-year period and may be
25 issued staggered registration.

 

 

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1     (b) Any disabled veteran of World War I, of World War II,
2 of the National Emergency between June 25, 1950 and January 31,
3 1955 or of the period beginning February 1, 1955 and ending on
4 the day before the first day thereafter in which individuals
5 (other than individuals liable for induction by reason of prior
6 deferment) are no longer liable for induction for training and
7 service into the armed forces under the Military Selective
8 Service Act of 1967, or of any armed conflict involving the
9 armed forces of the United States, who has a service-connected
10 disability of such a nature that it would, if it had been
11 incurred in World War II, have entitled him to be awarded an
12 automobile by the United States Federal Government, or who is
13 receiving compensation from the Veterans Administration for
14 total service-connected disability, may make application to
15 the Secretary of State for the registration of one motor
16 vehicle of the first division without accompanying his or her
17 application with the payment of any fee.
18     (c) Renewal of this registration must be accompanied with
19 documentation for eligibility of registration without fee
20 unless the applicant has a permanent qualifying disability, and
21 these registration plates may not be issued to any person not
22 eligible to receive them.
23     (d) The Illinois Veterans Commission may assist in
24 providing the documentation of disability.
 
25     (625 ILCS 5/11-209)  (from Ch. 95 1/2, par. 11-209)

 

 

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1     Sec. 11-209. Powers of municipalities and counties -
2 Contract with school boards, hospitals, churches, condominium
3 complex unit owners' associations, and commercial and
4 industrial facility, shopping center, and apartment complex
5 owners for regulation of traffic.
6     (a) The corporate authorities of any municipality or the
7 county board of any county, and a school board, hospital,
8 church, condominium complex unit owners' association, or owner
9 of any commercial and industrial facility, shopping center, or
10 apartment complex which controls a parking area located within
11 the limits of the municipality, or outside the limits of the
12 municipality and within the boundaries of the county, may, by
13 contract, empower the municipality or county to regulate the
14 parking of automobiles and the traffic at such parking area.
15 Such contract shall empower the municipality or county to
16 accomplish all or any part of the following:
17         1. The erection of stop signs, flashing signals, person
18     with disabilities parking area signs or yield signs at
19     specified locations in a parking area and the adoption of
20     appropriate regulations thereto pertaining, or the
21     designation of any intersection in the parking area as a
22     stop intersection or as a yield intersection and the
23     ordering of like signs or signals at one or more entrances
24     to such intersection, subject to the provisions of this
25     Chapter.
26         2. The prohibition or regulation of the turning of

 

 

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1     vehicles or specified types of vehicles at intersections or
2     other designated locations in the parking area.
3         3. The regulation of a crossing of any roadway in the
4     parking area by pedestrians.
5         4. The designation of any separate roadway in the
6     parking area for one-way traffic.
7         5. The establishment and regulation of loading zones.
8         6. The prohibition, regulation, restriction or
9     limitation of the stopping, standing or parking of vehicles
10     in specified areas of the parking area.
11         7. The designation of safety zones in the parking area
12     and fire lanes.
13         8. Providing for the removal and storage of vehicles
14     parked or abandoned in the parking area during snowstorms,
15     floods, fires, or other public emergencies, or found
16     unattended in the parking area, (a) where they constitute
17     an obstruction to traffic, or (b) where stopping, standing
18     or parking is prohibited, and for the payment of reasonable
19     charges for such removal and storage by the owner or
20     operator of any such vehicle.
21         9. Providing that the cost of planning, installation,
22     maintenance and enforcement of parking and traffic
23     regulations pursuant to any contract entered into under the
24     authority of this paragraph (a) of this Section be borne by
25     the municipality or county, or by the school board,
26     hospital, church, property owner, apartment complex owner,

 

 

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1     or condominium complex unit owners' association, or that a
2     percentage of the cost be shared by the parties to the
3     contract.
4         10. Causing the installation of parking meters on the
5     parking area and establishing whether the expense of
6     installing said parking meters and maintenance thereof
7     shall be that of the municipality or county, or that of the
8     school board, hospital, church, condominium complex unit
9     owners' association, shopping center or apartment complex
10     owner. All moneys obtained from such parking meters as may
11     be installed on any parking area shall belong to the
12     municipality or county.
13         11. Causing the installation of parking signs in
14     accordance with Section 11-301 in areas of the parking lots
15     covered by this Section and where desired by the person
16     contracting with the appropriate authority listed in
17     paragraph (a) of this Section, indicating that such parking
18     spaces are reserved for persons with disabilities.
19         12. Contracting for such additional reasonable rules
20     and regulations with respect to traffic and parking in a
21     parking area as local conditions may require for the safety
22     and convenience of the public or of the users of the
23     parking area.
24     (b) No contract entered into pursuant to this Section shall
25 exceed a period of 20 years. No lessee of a shopping center or
26 apartment complex shall enter into such a contract for a longer

 

 

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1 period of time than the length of his lease.
2     (c) Any contract entered into pursuant to this Section
3 shall be recorded in the office of the recorder in the county
4 in which the parking area is located, and no regulation made
5 pursuant to the contract shall be effective or enforceable
6 until 3 days after the contract is so recorded.
7     (d) At such time as parking and traffic regulations have
8 been established at any parking area pursuant to the contract
9 as provided for in this Section, then it shall be a petty
10 offense for any person to do any act forbidden or to fail to
11 perform any act required by such parking or traffic regulation.
12 If the violation is the parking in a parking space reserved for
13 persons with disabilities under paragraph (11) of this Section,
14 by a person without special registration plates issued to a
15 person with disabilities, as defined by Section 1-159.1,
16 pursuant to Section 3-616 of this Code, or to a disabled
17 veteran pursuant to Section 3-609 or 3-609.01 of this Code, the
18 local police of the contracting corporate municipal
19 authorities shall issue a parking ticket to such parking
20 violator and issue a fine in accordance with Section 11-1301.3.
21     (e) The term "shopping center", as used in this Section,
22 means premises having one or more stores or business
23 establishments in connection with which there is provided on
24 privately-owned property near or contiguous thereto an area, or
25 areas, of land used by the public as the means of access to and
26 egress from the stores and business establishments on such

 

 

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1 premises and for the parking of motor vehicles of customers and
2 patrons of such stores and business establishments on such
3 premises.
4     (f) The term "parking area", as used in this Section, means
5 an area, or areas, of land near or contiguous to a school,
6 church, or hospital building, shopping center, apartment
7 complex, or condominium complex, but not the public highways or
8 alleys, and used by the public as the means of access to and
9 egress from such buildings and the stores and business
10 establishments at a shopping center and for the parking of
11 motor vehicles.
12     (g) The terms "owner", "property owner", "shopping center
13 owner", and "apartment complex owner", as used in this Section,
14 mean the actual legal owner of the shopping center parking area
15 or apartment complex, the trust officer of a banking
16 institution having the right to manage and control such
17 property, or a person having the legal right, through lease or
18 otherwise, to manage or control the property.
19     (g-5) The term "condominium complex unit owners'
20 association", as used in this Section, means a "unit owners'
21 association" as defined in Section 2 of the Condominium
22 Property Act.
23     (h) The term "fire lane", as used in this Section, means
24 travel lanes for the fire fighting equipment upon which there
25 shall be no standing or parking of any motor vehicle at any
26 time so that fire fighting equipment can move freely thereon.

 

 

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1     (i) The term "apartment complex", as used in this Section,
2 means premises having one or more apartments in connection with
3 which there is provided on privately-owned property near or
4 contiguous thereto an area, or areas, of land used by occupants
5 of such apartments or their guests as a means of access to and
6 egress from such apartments or for the parking of motor
7 vehicles of such occupants or their guests.
8     (j) The term "condominium complex", as used in this
9 Section, means the units, common elements, and limited common
10 elements that are located on the parcels, as those terms are
11 defined in Section 2 of the Condominium Property Act.
12     (k) The term "commercial and industrial facility", as used
13 in this Section, means a premises containing one or more
14 commercial and industrial facility establishments in
15 connection with which there is provided on privately-owned
16 property near or contiguous to the premises an area or areas of
17 land used by the public as the means of access to and egress
18 from the commercial and industrial facility establishment on
19 the premises and for the parking of motor vehicles of
20 customers, patrons, and employees of the commercial and
21 industrial facility establishment on the premises.
22     (l) The provisions of this Section shall not be deemed to
23 prevent local authorities from enforcing, on private property,
24 local ordinances imposing fines, in accordance with Section
25 11-1301.3, as penalties for use of any parking place reserved
26 for persons with disabilities, as defined by Section 1-159.1,

 

 

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1 or disabled veterans by any person using a motor vehicle not
2 bearing registration plates specified in Section 11-1301.1 or a
3 special decal or device as defined in Section 11-1301.2 as
4 evidence that the vehicle is operated by or for a person with
5 disabilities or disabled veteran.
6     This amendatory Act of 1972 is not a prohibition upon the
7 contractual and associational powers granted by Article VII,
8 Section 10 of the Illinois Constitution.
9 (Source: P.A. 89-551, eff. 1-1-97; 90-106, eff. 1-1-98; 90-145,
10 eff. 1-1-98; 90-481, eff. 8-17-97; 90-655, eff. 7-30-98.)
 
11     (625 ILCS 5/11-1301.1)  (from Ch. 95 1/2, par. 11-1301.1)
12     Sec. 11-1301.1. Persons with disabilities - Parking
13 privileges - Exemptions. A motor vehicle bearing registration
14 plates issued to a person with disabilities, as defined by
15 Section 1-159.1, pursuant to Section 3-616 or to a disabled
16 veteran pursuant to Section 3-609 or 3-609.01 or a special
17 decal or device issued pursuant to Section 3-616 or pursuant to
18 Section 11-1301.2 of this Code or a motor vehicle registered in
19 another jurisdiction, state, district, territory or foreign
20 country upon which is displayed a registration plate, special
21 decal or device issued by the other jurisdiction designating
22 the vehicle is operated by or for a person with disabilities
23 shall be exempt from the payment of parking meter fees and
24 exempt from any statute or ordinance imposing time limitations
25 on parking, except limitations of one-half hour or less, on any

 

 

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

 

 

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1 request of a police officer or any other person invested by law
2 with authority to direct, control, or regulate traffic, present
3 an identification card with a picture as verification that the
4 person is the person to whom the special registration plates,
5 special decal or device was issued.
6     Such parking privileges granted by this Section are also
7 extended to motor vehicles of not-for-profit organizations
8 used for the transportation of persons with disabilities when
9 such motor vehicles display the decal or device issued pursuant
10 to Section 11-1301.2 of this Code.
11     No person shall use any area for the parking of any motor
12 vehicle pursuant to Section 11-1303 of this Code or where an
13 official sign controlling such area expressly prohibits
14 parking at any time or during certain hours.
15 (Source: P.A. 90-106, eff. 1-1-98.)
 
16     (625 ILCS 5/11-1301.2)  (from Ch. 95 1/2, par. 11-1301.2)
17     Sec. 11-1301.2. Special decals for a person with
18 disabilities parking.
19     (a) The Secretary of State shall provide for, by
20 administrative rules, the design, size, color, and placement of
21 a person with disabilities motorist decal or device and shall
22 provide for, by administrative rules, the content and form of
23 an application for a person with disabilities motorist decal or
24 device, which shall be used by local authorities in the
25 issuance thereof to a person with temporary disabilities,

 

 

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1 provided that the decal or device is valid for no more than 90
2 days, subject to renewal for like periods based upon continued
3 disability, and further provided that the decal or device
4 clearly sets forth the date that the decal or device expires.
5 The application shall include the requirement of an Illinois
6 Identification Card number or a State of Illinois driver's
7 license number. This decal or device shall be the property of
8 such person with disabilities and may be used by that person to
9 designate and identify a vehicle not owned or displaying a
10 registration plate as provided in Sections 3-609, 3-609.01, and
11 3-616 of this Act to designate when the vehicle is being used
12 to transport said person or persons with disabilities, and thus
13 is entitled to enjoy all the privileges that would be afforded
14 a person with disabilities licensed vehicle. Person with
15 disabilities decals or devices issued and displayed pursuant to
16 this Section shall be recognized and honored by all local
17 authorities regardless of which local authority issued such
18 decal or device.
19     The decal or device shall be issued only upon a showing by
20 adequate documentation that the person for whose benefit the
21 decal or device is to be used has a temporary disability as
22 defined in Section 1-159.1 of this Code.
23     (b) The local governing authorities shall be responsible
24 for the provision of such decal or device, its issuance and
25 designated placement within the vehicle. The cost of such decal
26 or device shall be at the discretion of such local governing

 

 

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1 authority.
2     (c) The Secretary of State may, pursuant to Section
3 3-616(c), issue a person with disabilities parking decal or
4 device to a person with disabilities as defined by Section
5 1-159.1. Any person with disabilities parking decal or device
6 issued by the Secretary of State shall be registered to that
7 person with disabilities in the form to be prescribed by the
8 Secretary of State. The person with disabilities parking decal
9 or device shall not display that person's address. One
10 additional decal or device may be issued to an applicant upon
11 his or her written request and with the approval of the
12 Secretary of State. The written request must include a
13 justification of the need for the additional decal or device.
14     (d) Replacement decals or devices may be issued for lost,
15 stolen, or destroyed decals upon application and payment of a
16 $10 fee. The replacement fee may be waived for individuals that
17 have claimed and received a grant under the Senior Citizens and
18 Disabled Persons Property Tax Relief and Pharmaceutical
19 Assistance Act.
20 (Source: P.A. 92-411, eff. 1-1-02.)
 
21     (625 ILCS 5/11-1301.3)  (from Ch. 95 1/2, par. 11-1301.3)
22     Sec. 11-1301.3. Unauthorized use of parking places
23 reserved for persons with disabilities.
24     (a) It shall be prohibited to park any motor vehicle which
25 is not properly displaying registration plates or decals issued

 

 

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1 to a person with disabilities, as defined by Section 1-159.1,
2 pursuant to Sections 3-616, 11-1301.1 or 11-1301.2, or to a
3 disabled veteran pursuant to Section 3-609 or 3-609.01 of this
4 Act, as evidence that the vehicle is operated by or for a
5 person with disabilities or disabled veteran, in any parking
6 place, including any private or public offstreet parking
7 facility, specifically reserved, by the posting of an official
8 sign as designated under Section 11-301, for motor vehicles
9 displaying such registration plates. It shall be prohibited to
10 park any motor vehicle in a designated access aisle adjacent to
11 any parking place specifically reserved for persons with
12 disabilities, by the posting of an official sign as designated
13 under Section 11-301, for motor vehicles displaying such
14 registration plates. When using the parking privileges for
15 persons with disabilities, the parking decal or device must be
16 displayed properly in the vehicle where it is clearly visible
17 to law enforcement personnel, either hanging from the rearview
18 mirror or placed on the dashboard of the vehicle in clear view.
19 Any motor vehicle properly displaying a disability license
20 plate or a parking decal or device containing the International
21 symbol of access issued to persons with disabilities by any
22 local authority, state, district, territory or foreign country
23 shall be recognized by State and local authorities as a valid
24 license plate or device and receive the same parking privileges
25 as residents of this State.
26     (a-1) An individual with a vehicle displaying disability

 

 

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1 license plates or a parking decal or device issued to a
2 qualified person with a disability under Sections 3-616,
3 11-1301.1, or 11-1301.2 or to a disabled veteran under Section
4 3-609 or 3-609.01 is in violation of this Section if (i) the
5 person using the disability license plate or parking decal or
6 device is not the authorized holder of the disability license
7 plate or parking decal or device or is not transporting the
8 authorized holder of the disability license plate or parking
9 decal or device to or from the parking location and (ii) the
10 person uses the disability license plate or parking decal or
11 device to exercise any privileges granted through the
12 disability license plate or parking decals or devices under
13 this Code.
14     (b) Any person or local authority owning or operating any
15 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 by
19 a person with disabilities which does not display person with
20 disabilities registration plates or a special decal or device
21 as required under this Section.
22     (c) Any person found guilty of violating the provisions of
23 subsection (a) shall be fined $250 in addition to any costs or
24 charges connected with the removal or storage of any motor
25 vehicle authorized under this Section; but municipalities by
26 ordinance may impose a fine up to $350 and shall display signs

 

 

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1 indicating the fine imposed. If the amount of the fine is
2 subsequently changed, the municipality shall change the sign to
3 indicate the current amount of the fine. It shall not be a
4 defense to a charge under this Section that either the sign
5 posted pursuant to this Section or the intended accessible
6 parking place does not comply with the technical requirements
7 of Section 11-301, Department regulations, or local ordinance
8 if a reasonable person would be made aware by the sign or
9 notice on or near the parking place that the place is reserved
10 for a person with disabilities.
11     (c-1) Any person found guilty of violating the provisions
12 of subsection (a-1) shall be fined $500. The circuit clerk
13 shall distribute $250 of the $500 fine imposed on any person
14 who is found guilty of or pleads guilty to violating this
15 Section, including any person placed on court supervision for
16 violating this Section, to the law enforcement agency that
17 issued the citation or made the arrest. If more than one law
18 enforcement agency is responsible for issuing the citation or
19 making the arrest, the $250 shall be shared equally.
20     (d) Local authorities shall impose fines as established in
21 subsections (c) and (c-1) for violations of this Section.
22     (e) As used in this Section, "authorized holder" means an
23 individual issued a disability license plate under Section
24 3-616 of this Code, an individual issued a parking decal or
25 device under Section 11-1301.2 of this Code, or an individual
26 issued a disabled veteran's license plate under Section 3-609

 

 

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1 or 3-609.01 of this Code.
2     (f) Any person who commits a violation of subsection (a-1)
3 may have his or her driving privileges suspended or revoked by
4 the Secretary of State for a period of time determined by the
5 Secretary of State. The Secretary of State may also suspend or
6 revoke the disability license plates or parking decal or device
7 for a period of time determined by the Secretary of State.
8 (Source: P.A. 94-619, eff. 1-1-06; 94-930, eff. 6-26-06.)
 
9     (625 ILCS 5/11-1301.5)
10     Sec. 11-1301.5. Fictitious or unlawfully altered
11 disability license plate or parking decal or device.
12     (a) As used in this Section:
13     "Fictitious disability license plate or parking decal or
14 device" means any issued disability license plate or parking
15 decal or device, or any license plate issued to a disabled
16 veteran under Section 3-609 or 3-609.01 of this Code, that has
17 been issued by the Secretary of State or an authorized unit of
18 local government that was issued based upon false information
19 contained on the required application.
20     "False information" means any incorrect or inaccurate
21 information concerning the name, date of birth, social security
22 number, driver's license number, physician certification, or
23 any other information required on the Persons with Disabilities
24 Certification for Plate or Parking Placard, on the Application
25 for Replacement Disability Parking Placard, or on the

 

 

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1 application for license plates issued to disabled veterans
2 under Section 3-609 or 3-609.01 of this Code, that falsifies
3 the content of the application.
4     "Unlawfully altered disability license plate or parking
5 permit or device" means any disability license plate or parking
6 permit or device, or any license plate issued to a disabled
7 veteran under Section 3-609 or 3-609.01 of this Code, issued by
8 the Secretary of State or an authorized unit of local
9 government that has been physically altered or changed in such
10 manner that false information appears on the license plate or
11 parking decal or device.
12     "Authorized holder" means an individual issued a
13 disability license plate under Section 3-616 of this Code or an
14 individual issued a parking decal or device under Section
15 11-1301.2 of this Code, or an individual issued a disabled
16 veteran's license plate under Section 3-609 or 3-609.01 of this
17 Code.
18     (b) It is a violation of this Section for any person:
19         (1) to knowingly possess any fictitious or unlawfully
20     altered disability license plate or parking decal or
21     device;
22         (2) to knowingly issue or assist in the issuance of, by
23     the Secretary of State or unit of local government, any
24     fictitious disability license plate or parking decal or
25     device;
26         (3) to knowingly alter any disability license plate or

 

 

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1     parking decal or device;
2         (4) to knowingly manufacture, possess, transfer, or
3     provide any documentation used in the application process
4     whether real or fictitious, for the purpose of obtaining a
5     fictitious disability license plate or parking decal or
6     device;
7         (5) to knowingly provide any false information to the
8     Secretary of State or a unit of local government in order
9     to obtain a disability license plate or parking decal or
10     device; or
11         (6) to knowingly transfer a disability license plate or
12     parking decal or device for the purpose of exercising the
13     privileges granted to an authorized holder of a disability
14     license plate or parking decal or device under this Code in
15     the absence of the authorized holder.
16     (c) Sentence.
17         (1) Any person convicted of a violation of paragraph
18     (1), (2), (3), (4), or (5) of subsection (b) of this
19     Section shall be guilty of a Class A misdemeanor and fined
20     not less than $500 for a first offense and shall be guilty
21     of a Class 4 felony and fined not less than $1,000 for a
22     second or subsequent offense. Any person convicted of a
23     violation of subdivision (b)(6) of this Section is guilty
24     of a Class A misdemeanor and shall be fined not less than
25     $500 for a first offense and not less than $1,000 for a
26     second or subsequent offense. The circuit clerk shall

 

 

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1     distribute one-half of any fine imposed on any person who
2     is found guilty of or pleads guilty to violating this
3     Section, including any person placed on court supervision
4     for violating this Section, to the law enforcement agency
5     that issued the citation or made the arrest. If more than
6     one law enforcement agency is responsible for issuing the
7     citation or making the arrest, one-half of the fine imposed
8     shall be shared equally.
9         (2) Any person who commits a violation of this Section
10     may have his or her driving privileges suspended or revoked
11     by the Secretary of State for a period of time determined
12     by the Secretary of State. The Secretary of State may
13     suspend or revoke the parking decal or device or the
14     disability license plate of any person who commits a
15     violation of this Section.
16         (3) Any police officer may seize the parking decal or
17     device from any person who commits a violation of this
18     Section. Any police officer may seize the disability
19     license plate upon authorization from the Secretary of
20     State. Any police officer may request that the Secretary of
21     State revoke the parking decal or device or the disability
22     license plate of any person who commits a violation of this
23     Section.
24 (Source: P.A. 94-619, eff. 1-1-06.)
 
25     (625 ILCS 5/11-1301.6)

 

 

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1     Sec. 11-1301.6. Fraudulent disability license plate or
2 parking decal or device.
3     (a) As used in this Section:
4         "Fraudulent disability license plate or parking decal
5     or device" means any disability license plate or parking
6     decal or device that purports to be an official disability
7     license plate or parking decal or device and that has not
8     been issued by the Secretary of State or an authorized unit
9     of local government.
10         "Disability license plate or parking decal or
11     device-making implement" means any implement specially
12     designed or primarily used in the manufacture, assembly, or
13     authentication of a disability license plate or parking
14     decal or device, or a license plate issued to a disabled
15     veteran under Section 3-609 or 3-609.01 of this Code,
16     issued by the Secretary of State or a unit of local
17     government.
18     (b) It is a violation of this Section for any person:
19         (1) to knowingly possess any fraudulent disability
20     license plate or parking decal;
21         (2) to knowingly possess without authority any
22     disability license plate or parking decal or device-making
23     implement;
24         (3) to knowingly duplicate, manufacture, sell, or
25     transfer any fraudulent or stolen disability license plate
26     or parking decal or device;

 

 

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1         (4) to knowingly assist in the duplication,
2     manufacturing, selling, or transferring of any fraudulent,
3     stolen, or reported lost or damaged disability license
4     plate or parking decal or device; or
5         (5) to advertise or distribute a fraudulent disability
6     license plate or parking decal or device.
7     (c) Sentence.
8         (1) Any person convicted of a violation of this Section
9     shall be guilty of a Class A misdemeanor and fined not less
10     than $1,000 for a first offense and shall be guilty of a
11     Class 4 felony and fined not less than $2,000 for a second
12     or subsequent offense. The circuit clerk shall distribute
13     half of any fine imposed on any person who is found guilty
14     of or pleads guilty to violating this Section, including
15     any person placed on court supervision for violating this
16     Section, to the law enforcement agency that issued the
17     citation or made the arrest. If more than one law
18     enforcement agency is responsible for issuing the citation
19     or making the arrest, one-half of the fine imposed shall be
20     shared equally.
21         (2) Any person who commits a violation of this Section
22     may have his or her driving privileges suspended or revoked
23     by the Secretary of State for a period of time determined
24     by the Secretary of State.
25         (3) Any police officer may seize the parking decal or
26     device from any person who commits a violation of this

 

 

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1     Section. Any police officer may seize the disability
2     license plate upon authorization from the Secretary of
3     State. Any police officer may request that the Secretary of
4     State revoke the parking decal or device or the disability
5     license plate of any person who commits a violation of this
6     Section.
7 (Source: P.A. 94-619, eff. 1-1-06.)
 
8     Section 10. The Motor Fuel Sales Act is amended by changing
9 Section 2 as follows:
 
10     (815 ILCS 365/2)  (from Ch. 121 1/2, par. 1502)
11     Sec. 2. Any attendant on duty at a service station
12 described in Section 1 shall, upon request, dispense motor fuel
13 for the driver of a car which is parked at a self-service
14 island and displays: (a) registration plates issued to a
15 physically disabled person pursuant to Section 3-616 of the
16 Illinois Vehicle Code; or (b) registration plates issued to a
17 disabled veteran pursuant to Section 3-609 or 3-609.01 of such
18 Code; or (c) a special decal or device issued pursuant to
19 Section 11-1301.2 of such Code; and shall only charge such
20 driver prices as offered to the general public for motor fuel
21 dispensed at the self-service island. However, such attendant
22 shall not be required to perform other services which are
23 offered at the full-service island.
24 (Source: P.A. 84-877.)