Full Text of SB1318 95th General Assembly
SB1318enr 95TH GENERAL ASSEMBLY
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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 |
| Section 11-1301.3 as follows:
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| (625 ILCS 5/11-1301.3) (from Ch. 95 1/2, par. 11-1301.3)
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| Sec. 11-1301.3. Unauthorized use of parking places | 8 |
| reserved for persons with
disabilities. | 9 |
| (a) It shall be prohibited to park any motor vehicle which | 10 |
| is not properly
displaying
registration plates or decals issued | 11 |
| to a person with disabilities, as defined
by Section 1-159.1, | 12 |
| pursuant to Sections 3-616, 11-1301.1 or 11-1301.2, or to
a | 13 |
| disabled veteran pursuant to Section 3-609 of this Act, as | 14 |
| evidence that the
vehicle is operated by or for a person with | 15 |
| disabilities or disabled veteran,
in any parking place, | 16 |
| including any private
or public offstreet parking facility, | 17 |
| specifically reserved, by the
posting of an official sign as | 18 |
| designated under Section 11-301, for
motor vehicles displaying | 19 |
| such registration plates.
It shall be prohibited to park any | 20 |
| motor vehicle in a designated access
aisle adjacent to any | 21 |
| parking place specifically reserved for persons with
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| disabilities, by the posting of an official sign as designated | 23 |
| under Section
11-301, for motor vehicles displaying such |
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| registration plates.
When using the parking privileges for | 2 |
| persons with disabilities, the parking
decal or device must be | 3 |
| displayed properly in the vehicle where it is clearly
visible | 4 |
| to law enforcement personnel, either hanging from the rearview | 5 |
| mirror
or placed on the dashboard of the vehicle in clear view.
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| Disability license plates and parking decals and devices are | 7 |
| not transferable from person to person. Proper usage of the | 8 |
| disability license plate or parking decal or device requires | 9 |
| the authorized holder to be present and enter or exit the | 10 |
| vehicle at the time the parking privileges are being used. It | 11 |
| is a violation of this Section to park in a space reserved for | 12 |
| a person with disabilities if the authorized holder of the | 13 |
| disability license plate or parking decal or device does not | 14 |
| enter or exit the vehicle at the time the parking privileges | 15 |
| are being used. Any motor vehicle properly displaying a | 16 |
| disability license plate or a
parking decal or device | 17 |
| containing the International symbol of access
issued to persons | 18 |
| with disabilities by any local authority, state, district,
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| territory or foreign country shall be recognized by State and | 20 |
| local
authorities as a valid license plate or device and | 21 |
| receive the same parking
privileges as residents of this State.
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| (a-1) An individual with a vehicle displaying disability | 23 |
| license plates or a parking decal or device issued to a | 24 |
| qualified person with a disability under Sections 3-616, | 25 |
| 11-1301.1, or 11-1301.2 or to a disabled veteran under Section | 26 |
| 3-609 is in violation of this Section if (i) the person using |
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| the disability license plate or parking decal or device is not | 2 |
| the authorized holder of the disability license plate or | 3 |
| parking decal or device or is not transporting the authorized | 4 |
| holder of the disability license plate or parking decal or | 5 |
| device to or from the parking location and (ii) the person uses | 6 |
| the disability license plate or parking decal or device to | 7 |
| exercise any privileges granted through the disability license | 8 |
| plate or parking decals or devices under this Code.
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| (b) Any person or local authority owning or operating any | 10 |
| public or private
offstreet parking facility may, after | 11 |
| notifying the police or sheriff's
department, remove or cause | 12 |
| to be removed to the nearest garage or other
place of safety | 13 |
| any vehicle parked within a stall or space reserved for
use by | 14 |
| a person with disabilities which does not
display person with | 15 |
| disabilities registration
plates or a special decal or device | 16 |
| as required under this Section.
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| (c) Any person found guilty of violating the provisions of | 18 |
| subsection (a) shall be fined $250 in addition to any costs or | 19 |
| charges connected
with the removal or storage of any motor | 20 |
| vehicle authorized under this
Section; but municipalities by | 21 |
| ordinance may impose a fine up to $350
and shall display signs | 22 |
| indicating the fine imposed. If the amount of
the fine is | 23 |
| subsequently changed, the municipality shall change the sign to
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| indicate the current amount of the fine.
It shall not be a | 25 |
| defense to a charge under this Section that either the sign | 26 |
| posted
pursuant to this
Section or the intended accessible |
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| parking place does not comply with the technical requirements | 2 |
| of Section 11-301,
Department
regulations, or local ordinance | 3 |
| if a reasonable person would be made aware by
the
sign or | 4 |
| notice on or near the parking place that the place is reserved | 5 |
| for a
person
with
disabilities.
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| (c-1) Any person found guilty of violating the provisions | 7 |
| of subsection (a-1) a first time shall be fined $500. Any | 8 |
| person found guilty of violating subsection (a-1) a second time | 9 |
| shall be fined $750, and the Secretary of State may revoke the | 10 |
| person's driving privileges or suspend those privileges for a | 11 |
| period of time to be determined by the Secretary. Any person | 12 |
| found guilty of violating subsection (a-1) a third or | 13 |
| subsequent time shall be fined $1,000, and the Secretary of | 14 |
| State may revoke the person's driving privileges or suspend | 15 |
| those privileges for a period of time to be determined by the | 16 |
| Secretary. The Secretary of State may also revoke the | 17 |
| disability license plates or parking decal or device of a | 18 |
| person violating subsection (a-1) a third or subsequent time or | 19 |
| may suspend the person's disability license plates or parking | 20 |
| decal or device for a period of time to be determined by the | 21 |
| Secretary of State. The circuit clerk shall distribute 50%
$250 | 22 |
| of the $500 fine imposed on any person who is found guilty of | 23 |
| or pleads guilty to violating this Section, including any | 24 |
| person placed on court supervision for violating this Section, | 25 |
| to the law enforcement agency that issued the citation or made | 26 |
| the arrest. If more than one law enforcement agency is |
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| responsible for issuing the citation or making the arrest, the | 2 |
| 50% of the fine imposed
$250 shall be shared equally.
If an | 3 |
| officer of the Secretary of State Department of Police arrested | 4 |
| a person for a violation of this Section, 50% of the fine | 5 |
| imposed shall be deposited into the Secretary of State Police | 6 |
| Services Fund.
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| (d) Local authorities shall impose fines as established in | 8 |
| subsections
(c) and (c-1) for violations of this Section.
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| (e) As used in this Section, "authorized holder" means an | 10 |
| individual
issued a disability
license plate under Section | 11 |
| 3-616 of this
Code, an individual issued a parking decal or | 12 |
| device
under Section 11-1301.2 of this Code, or an individual | 13 |
| issued a disabled veteran's license plate under Section 3-609 | 14 |
| of this Code. | 15 |
| (f) Any person who commits a violation of subsection (a-1) | 16 |
| may have his or her driving privileges suspended or revoked by | 17 |
| the Secretary of State for a period of time determined by the | 18 |
| Secretary of State. The Secretary of State may also suspend or | 19 |
| revoke the disability license plates or parking decal or device | 20 |
| for a period of time determined by the Secretary of State.
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| (Source: P.A. 94-619, eff. 1-1-06; 94-930, eff. 6-26-06.)
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