Full Text of HB0052 96th General Assembly
HB0052eng 96TH GENERAL ASSEMBLY
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HB0052 Engrossed |
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LRB096 03893 AJT 13928 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 3-604, 3-609, 11-209, 11-1301.1, 11-1301.2, | 6 |
| 11-1301.3, 11-1301.5, and 11-1301.6 as follows:
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| (625 ILCS 5/3-604) (from Ch. 95 1/2, par. 3-604)
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| Sec. 3-604. Expiration of special plates. Every special | 9 |
| plate issued,
except those issued for dealers, manufacturers | 10 |
| and transporters under
Section 3-602 and persons with | 11 |
| disabilities under Section Sections
3-609 , 3-609.01, or 3-616, | 12 |
| or deaf or hard of
hearing under Section 3-616 of this Code, | 13 |
| may be issued for a 2
year period beginning January 1st of each | 14 |
| odd-numbered year and ending
December 31st of the subsequent | 15 |
| even-numbered year. The special plates issued
to a person with
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| disabilities or a person who is deaf or hard of hearing shall | 17 |
| expire according
to the multi-year procedure as established
by | 18 |
| Section 3-414 of this Code.
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| Special plates issued to members of the General Assembly | 20 |
| under Section
3-606 shall expire at midnight on the 31st day of | 21 |
| January in odd-numbered
years.
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| (Source: P.A. 95-167, eff. 1-1-08.)
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| (625 ILCS 5/3-609) (from Ch. 95 1/2, par. 3-609)
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| Sec. 3-609. Disabled Veterans' Plates. Any disabled | 3 |
| veteran may make application for the registration of one whose | 4 |
| degree of disability has been declared to be 100% by the United | 5 |
| States Department of Veterans Affairs and who has
been or | 6 |
| declared eligible for funds for the purchase of a motor
vehicle | 7 |
| of the first division or one for a motor vehicle of the second | 8 |
| division
weighing not more than 8,000 pounds by the United | 9 |
| States Federal Government
because of his disability, may make | 10 |
| application for the registration of one
such vehicle, to the | 11 |
| Secretary of State without the payment of any
registration fee | 12 |
| if (i) the veteran holds proof of a service-connected | 13 |
| disability from the United States Department of Veterans | 14 |
| Affairs and (ii) a licensed physician, physician assistant, or | 15 |
| advanced practice nurse has certified in accordance with | 16 |
| Section 3-616 that because of the service-connected disability | 17 |
| the veteran qualifies for issuance of registration plates or | 18 |
| decals to a person with disabilities . The Secretary may, in his | 19 |
| or her discretion, allow the plates to be issued as vanity or | 20 |
| personalized plates in accordance with Section 3-405.1 of this | 21 |
| Code. Registration shall be for a multi-year period effective
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| in 1980 and may be issued staggered registration.
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| Any disabled veteran of World War I, of World War II, of | 24 |
| the National
Emergency between June 25, 1950 and January 31, | 25 |
| 1955 or of the period
beginning February 1, 1955 and ending on | 26 |
| the day before the first day
thereafter in which individuals |
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| (other than individuals liable for
induction by reason of prior | 2 |
| deferment) are no longer liable for
induction for training and | 3 |
| service into the armed forces under the
Military Selective | 4 |
| Service Act of 1967, or of any armed conflict
involving the | 5 |
| armed forces of the United States, who has a
service-connected | 6 |
| disability of such a nature that it would, if it had
been | 7 |
| incurred in World War II, have entitled him to be awarded an
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| automobile by the United States Federal Government, or who is | 9 |
| receiving
compensation from the Veterans Administration for | 10 |
| total service-connected
disability, may make application to | 11 |
| the Secretary of State for the
registration of one motor | 12 |
| vehicle of the first division without
accompanying such | 13 |
| application with the payment of any fee.
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| Renewal of such registration must be accompanied with | 15 |
| documentation
for eligibility of registration without fee | 16 |
| unless the applicant has a
permanent qualifying disability, and | 17 |
| such registration plates may not be
issued to any person not | 18 |
| eligible therefor.
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| The Illinois Department of Veterans' Affairs Veterans | 20 |
| Commission may assist in providing the
documentation of | 21 |
| disability.
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| Commencing with the 2009 registration year, any person | 23 |
| eligible to receive license plates under this Section who has | 24 |
| been approved for benefits under the Senior Citizens and | 25 |
| Disabled Persons Property Tax Relief and Pharmaceutical | 26 |
| Assistance Act, or who has claimed and received a grant under |
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| that Act, shall pay a fee of $24 instead of the fee otherwise | 2 |
| provided in this Code for passenger cars displaying standard | 3 |
| multi-year registration plates issued under Section 3-414.1, | 4 |
| for motor vehicles registered at 8,000 pounds or less under | 5 |
| Section 3-815(a), or for recreational vehicles registered at | 6 |
| 8,000 pounds or less under Section 3-815(b), for a second set | 7 |
| of plates under this Section.
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| (Source: P.A. 95-157, eff. 1-1-08; 95-167, eff. 1-1-08; 95-353, | 9 |
| eff. 1-1-08; 95-876, eff. 8-21-08.)
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| (625 ILCS 5/11-209) (from Ch. 95 1/2, par. 11-209)
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| Sec. 11-209. Powers of municipalities and counties - | 12 |
| Contract with
school boards, hospitals, churches, condominium | 13 |
| complex unit owners'
associations, and commercial and | 14 |
| industrial facility, shopping center,
and apartment complex | 15 |
| owners for regulation of traffic. | 16 |
| (a) The corporate authorities of any municipality or the | 17 |
| county
board of any county, and a school board, hospital, | 18 |
| church, condominium
complex unit owners' association, or owner | 19 |
| of any
commercial and industrial facility,
shopping center, or | 20 |
| apartment complex which controls a parking area
located within | 21 |
| the limits of the municipality, or outside the limits of
the | 22 |
| municipality and within the boundaries of the county, may, by
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| contract, empower the municipality or county to regulate the | 24 |
| parking of
automobiles and the traffic at such parking area. | 25 |
| Such contract shall
empower the municipality or county to |
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| accomplish all or any part of the
following:
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| 1. The erection of stop signs, flashing signals, person | 3 |
| with
disabilities parking area signs or yield signs at
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| specified locations in a parking area and the adoption of | 5 |
| appropriate
regulations thereto pertaining, or the | 6 |
| designation of any intersection
in the parking area as a | 7 |
| stop intersection or as a yield intersection
and the | 8 |
| ordering of like signs or signals at one or more entrances | 9 |
| to
such intersection, subject to the provisions of this | 10 |
| Chapter.
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| 2. The prohibition or regulation of the turning of | 12 |
| vehicles or
specified types of vehicles at intersections or | 13 |
| other designated
locations in the parking area.
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| 3. The regulation of a crossing of any roadway in the | 15 |
| parking area
by pedestrians.
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| 4. The designation of any separate roadway in the | 17 |
| parking area for
one-way traffic.
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| 5. The establishment and regulation of loading zones.
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| 6. The prohibition, regulation, restriction or | 20 |
| limitation of the
stopping, standing or parking of vehicles | 21 |
| in specified areas of the
parking area.
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| 7. The designation of safety zones in the parking area | 23 |
| and fire lanes.
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| 8. Providing for the removal and storage of vehicles | 25 |
| parked or
abandoned in the parking area during snowstorms, | 26 |
| floods, fires, or other
public emergencies, or found |
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| unattended in the parking area, (a) where
they constitute | 2 |
| an obstruction to traffic, or (b) where stopping,
standing | 3 |
| or parking is prohibited, and for the payment of reasonable
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| charges for such removal and storage by the owner or | 5 |
| operator of any
such vehicle.
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| 9. Providing that the cost of planning, installation, | 7 |
| maintenance
and enforcement of parking and traffic | 8 |
| regulations pursuant to any
contract entered into under the | 9 |
| authority of this paragraph (a) of this
Section be borne by | 10 |
| the municipality or county, or by the school board,
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| hospital, church, property owner, apartment complex owner,
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| or condominium complex unit owners' association,
or that a
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| percentage of the cost be shared by the parties to the | 14 |
| contract.
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| 10. Causing the installation of parking meters on the | 16 |
| parking area
and establishing whether the expense of | 17 |
| installing said parking meters
and maintenance thereof | 18 |
| shall be that of the municipality or county, or
that of the | 19 |
| school board, hospital, church, condominium complex unit | 20 |
| owners'
association, shopping center or
apartment complex | 21 |
| owner.
All moneys obtained from such parking meters as may | 22 |
| be
installed on any parking area shall belong to the | 23 |
| municipality or county.
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| 11. Causing the installation of parking signs in | 25 |
| accordance with
Section 11-301 in areas of the parking lots | 26 |
| covered by this Section and
where desired by the person |
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| contracting with the appropriate authority
listed in | 2 |
| paragraph (a) of this Section, indicating that such parking
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| spaces are reserved for persons with disabilities.
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| 12. Contracting for such additional reasonable rules | 5 |
| and regulations
with respect to traffic and parking in a | 6 |
| parking area as local
conditions may require for the safety | 7 |
| and convenience of the public or
of the users of the | 8 |
| parking area.
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| (b) No contract entered into pursuant to this Section shall | 10 |
| exceed a
period of 20 years. No lessee of a shopping center or | 11 |
| apartment complex
shall enter into such a contract for a longer | 12 |
| period of time than the
length of his lease.
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| (c) Any contract entered into pursuant to this Section | 14 |
| shall be
recorded in the office of the recorder in the county | 15 |
| in which
the parking area is located, and no regulation made | 16 |
| pursuant to the
contract shall be effective or enforceable | 17 |
| until 3 days after the
contract is so recorded.
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| (d) At such time as parking and traffic regulations have | 19 |
| been
established at any parking area pursuant to the contract | 20 |
| as provided for
in this Section, then it shall be a petty | 21 |
| offense for any person to do
any act forbidden or to fail to | 22 |
| perform any act required by such parking
or traffic regulation. | 23 |
| If the violation is the parking in a parking space
reserved for | 24 |
| persons with disabilities under paragraph (11) of this Section, | 25 |
| by
a person without special registration plates issued to a | 26 |
| person with
disabilities, as defined by Section 1-159.1, |
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| pursuant to Section
3-616 of this Code, or to a disabled | 2 |
| veteran pursuant to Section 3-609 or 3-609.01 of
this Code, the | 3 |
| local police of the contracting corporate municipal
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| authorities shall issue a parking ticket to such parking | 5 |
| violator and issue
a fine in accordance with Section 11-1301.3.
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| (e) The term "shopping center", as used in this Section, | 7 |
| means
premises having one or more stores or business | 8 |
| establishments in
connection with which there is provided on | 9 |
| privately-owned property near
or contiguous thereto an area, or | 10 |
| areas, of land used by the public as
the means of access to and | 11 |
| egress from the stores and business
establishments on such | 12 |
| premises and for the parking of motor vehicles of
customers and | 13 |
| patrons of such stores and business establishments on such
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| premises.
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| (f) The term "parking area", as used in this Section, means | 16 |
| an area,
or areas, of land near or contiguous to a school, | 17 |
| church, or hospital
building, shopping center, apartment | 18 |
| complex, or condominium
complex,
but not the public highways or | 19 |
| alleys, and used by
the public as the means of access to and | 20 |
| egress from such buildings and
the stores and business | 21 |
| establishments at a shopping center and for the
parking of | 22 |
| motor vehicles.
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| (g) The terms "owner", "property owner", "shopping center | 24 |
| owner",
and "apartment complex owner",
as used in this Section, | 25 |
| mean the actual
legal owner of the shopping center parking area | 26 |
| or apartment
complex,
the trust officer of a banking |
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| institution having the right to manage
and control such | 2 |
| property, or a person having the legal right, through
lease or | 3 |
| otherwise, to manage or control the property.
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| (g-5) The term "condominium complex unit owners' | 5 |
| association", as used in
this Section, means a "unit owners' | 6 |
| association" as defined in Section 2 of the
Condominium | 7 |
| Property Act.
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| (h) The term "fire lane", as used in this Section, means | 9 |
| travel
lanes for the fire fighting equipment upon which there | 10 |
| shall be no
standing or parking of any motor vehicle at any | 11 |
| time so that fire
fighting equipment can move freely thereon.
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| (i) The term "apartment complex", as used in this Section, | 13 |
| means
premises having one or more apartments in connection with | 14 |
| which there is
provided on privately-owned property near or | 15 |
| contiguous thereto an area,
or areas, of land used by occupants | 16 |
| of such apartments or their guests
as a means of access to and | 17 |
| egress from such apartments or for the
parking of motor | 18 |
| vehicles of such occupants or their guests.
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| (j) The term "condominium complex", as used in this | 20 |
| Section, means
the units, common elements, and limited common | 21 |
| elements that are located on the
parcels, as those terms are | 22 |
| defined in Section 2 of the Condominium Property
Act.
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| (k) The term "commercial and industrial facility", as used | 24 |
| in this
Section, means a premises containing one or more | 25 |
| commercial and industrial
facility establishments in | 26 |
| connection with which there is
provided on
privately-owned |
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| property near or contiguous to the premises an area or areas of
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| land used by the public as the means of access to and egress | 3 |
| from the
commercial and industrial facility establishment on | 4 |
| the premises and for the
parking of motor vehicles of | 5 |
| customers, patrons, and employees of the
commercial and | 6 |
| industrial facility establishment on the premises.
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| (l) The provisions of this Section shall not be deemed to
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| prevent local
authorities from enforcing, on private property, | 9 |
| local ordinances imposing
fines, in accordance with Section | 10 |
| 11-1301.3, as penalties for use of any
parking
place reserved | 11 |
| for persons with disabilities, as defined by Section 1-159.1, | 12 |
| or
disabled veterans by any person using a motor vehicle not | 13 |
| bearing registration
plates specified in Section 11-1301.1 or a | 14 |
| special decal or device as defined
in Section 11-1301.2 as | 15 |
| evidence that the vehicle is operated by or for a
person with | 16 |
| disabilities or disabled veteran.
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| This amendatory Act of 1972 is not a prohibition upon the | 18 |
| contractual
and associational powers granted by Article VII, | 19 |
| Section 10 of the
Illinois Constitution.
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| (Source: P.A. 95-167, eff. 1-1-08.)
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| (625 ILCS 5/11-1301.1) (from Ch. 95 1/2, par. 11-1301.1)
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| Sec. 11-1301.1. Persons with disabilities - Parking | 23 |
| privileges - Exemptions. A motor vehicle bearing registration | 24 |
| plates issued to a person with
disabilities, as defined by | 25 |
| Section 1-159.1, pursuant to Section 3-616 or to a
disabled |
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| veteran pursuant to Section 3-609 or 3-609.01 or a special | 2 |
| decal or device issued
pursuant to Section 3-616 or pursuant to | 3 |
| Section 11-1301.2 of this Code or a
motor vehicle registered in | 4 |
| another jurisdiction, state, district, territory or
foreign | 5 |
| country upon which is displayed a registration plate, special | 6 |
| decal or
device issued by the other jurisdiction designating | 7 |
| the vehicle is operated by
or for a person with disabilities | 8 |
| shall be exempt from the payment of parking
meter fees and | 9 |
| exempt from any statute or ordinance imposing time limitations
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| on parking, except limitations of one-half hour or less, on any | 11 |
| street or
highway zone, or any parking lot or parking place | 12 |
| which
are owned, leased or owned and leased by a municipality | 13 |
| or a municipal
parking utility; and shall be recognized by | 14 |
| state and local authorities
as a valid license plate or parking | 15 |
| device and shall receive the same
parking privileges as | 16 |
| residents of this State; but, such vehicle shall be
subject to | 17 |
| the laws which prohibit parking in "no stopping" and "no
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| standing" zones in front of or near fire hydrants, driveways, | 19 |
| public
building entrances and exits, bus stops and loading | 20 |
| areas, and is
prohibited from parking where the motor vehicle | 21 |
| constitutes a traffic
hazard, whereby such motor vehicle shall | 22 |
| be moved at the instruction and
request of a law enforcement | 23 |
| officer to a location designated by the
officer. Any motor | 24 |
| vehicle bearing registration plates or a special decal
or | 25 |
| device specified in this Section or in Section 3-616 of this | 26 |
| Code or
such parking device as specifically authorized in |
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| Section 11-1301.2 as
evidence that the vehicle is operated by | 2 |
| or for a person with disabilities or
disabled veteran may park, | 3 |
| in addition to any
other lawful place, in any parking place | 4 |
| specifically reserved for such
vehicles by the posting of an | 5 |
| official sign as provided under Section 11-301.
Parking | 6 |
| privileges granted by this Section are strictly limited
to the | 7 |
| person to whom the special registration plates, special decal | 8 |
| or
device were issued and to qualified operators acting under | 9 |
| his express
direction while the person with disabilities is | 10 |
| present.
A person to whom privileges were granted shall, at the | 11 |
| request of a
police officer or any other person invested by law | 12 |
| with authority to direct,
control, or regulate traffic, present | 13 |
| an identification card with a picture as
verification that the
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| person is the person to whom the special registration plates, | 15 |
| special decal or
device was issued.
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| Such parking privileges granted by this Section are also | 17 |
| extended to
motor vehicles of not-for-profit organizations | 18 |
| used for the transportation of
persons with disabilities when | 19 |
| such motor vehicles display the decal or device
issued pursuant | 20 |
| to Section 11-1301.2 of this Code.
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| No person shall use any area for the parking of any motor | 22 |
| vehicle
pursuant to Section 11-1303 of this Code or where an | 23 |
| official sign
controlling such area expressly prohibits | 24 |
| parking at any time or during
certain hours.
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| (Source: P.A. 95-167, eff. 1-1-08.)
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| (625 ILCS 5/11-1301.2) (from Ch. 95 1/2, par. 11-1301.2)
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| Sec. 11-1301.2. Special decals for a person with | 3 |
| disabilities parking.
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| (a) The Secretary of State shall provide for, by | 5 |
| administrative rules, the
design, size, color, and placement of | 6 |
| a person with disabilities motorist decal
or device
and shall | 7 |
| provide for, by administrative
rules, the content and form of | 8 |
| an application for a person with disabilities
motorist decal or | 9 |
| device,
which shall be used by local authorities in the | 10 |
| issuance thereof to a
person with temporary disabilities, | 11 |
| provided that the decal or device is
valid for no more than 90 | 12 |
| days, subject to renewal for like periods based upon
continued | 13 |
| disability, and further provided that the decal or device | 14 |
| clearly
sets forth the date that the decal or device expires.
| 15 |
| The application shall
include the requirement of an Illinois | 16 |
| Identification Card number or a State
of Illinois driver's | 17 |
| license number.
This decal or device shall be the property of | 18 |
| such
person with disabilities and may be used by that person to | 19 |
| designate and identify a vehicle not owned or displaying a
| 20 |
| registration plate as provided in Sections 3-609 , 3-609.01, and | 21 |
| 3-616 of this Act to
designate when the vehicle is being used | 22 |
| to transport said person or persons
with disabilities, and thus | 23 |
| is entitled to enjoy all the privileges that would
be afforded | 24 |
| a person with disabilities licensed vehicle.
Person with | 25 |
| disabilities decals or devices issued and displayed pursuant to
| 26 |
| this Section shall be recognized and honored by all local |
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| authorities
regardless of which local authority issued such | 2 |
| decal or device.
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| The decal or device shall be issued only upon a showing by | 4 |
| adequate
documentation that the person for whose benefit the | 5 |
| decal or device is to be
used has a temporary disability as | 6 |
| defined in Section 1-159.1 of this
Code.
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| (b) The local governing authorities shall be responsible | 8 |
| for the provision
of such decal or device, its issuance and | 9 |
| designated placement within the
vehicle. The cost of such decal | 10 |
| or device shall be at the discretion of
such local governing | 11 |
| authority.
| 12 |
| (c) The Secretary of State may, pursuant to Section | 13 |
| 3-616(c), issue
a person with disabilities parking decal or | 14 |
| device to a person with
disabilities as defined by Section | 15 |
| 1-159.1. Any person with disabilities
parking decal or device | 16 |
| issued by the Secretary of State shall be registered to
that | 17 |
| person with disabilities in the form to be prescribed by the | 18 |
| Secretary of
State. The person with disabilities parking decal | 19 |
| or device shall not display
that person's address. One | 20 |
| additional decal or device may be issued to an
applicant upon | 21 |
| his or her written request and with the approval of the
| 22 |
| Secretary of
State.
The written request must include a | 23 |
| justification of the need for the
additional decal or device.
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| (d) Replacement decals or devices may be issued for lost, | 25 |
| stolen, or
destroyed decals upon application and payment of a | 26 |
| $10 fee. The replacement
fee may be waived for individuals that |
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HB0052 Engrossed |
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| have claimed and received a grant under
the Senior Citizens and | 2 |
| Disabled Persons Property Tax Relief and Pharmaceutical
| 3 |
| Assistance Act.
| 4 |
| (Source: P.A. 95-167, eff. 1-1-08.)
| 5 |
| (625 ILCS 5/11-1301.3) (from Ch. 95 1/2, par. 11-1301.3)
| 6 |
| Sec. 11-1301.3. Unauthorized use of parking places | 7 |
| reserved for persons with
disabilities. | 8 |
| (a) It shall be prohibited to park any motor vehicle which | 9 |
| is not properly
displaying
registration plates or decals issued | 10 |
| to a person with disabilities, as defined
by Section 1-159.1, | 11 |
| pursuant to Sections 3-616, 11-1301.1 or 11-1301.2, or to
a | 12 |
| disabled veteran pursuant to Section 3-609 or 3-609.01 of this | 13 |
| Act, as evidence that the
vehicle is operated by or for a | 14 |
| person with disabilities or disabled veteran,
in any parking | 15 |
| place, including any private
or public offstreet parking | 16 |
| facility, specifically reserved, by the
posting of an official | 17 |
| sign as designated under Section 11-301, for
motor vehicles | 18 |
| displaying such registration plates.
It shall be prohibited to | 19 |
| park any motor vehicle in a designated access
aisle adjacent to | 20 |
| any parking place specifically reserved for persons with
| 21 |
| disabilities, by the posting of an official sign as designated | 22 |
| under Section
11-301, for motor vehicles displaying such | 23 |
| registration plates.
When using the parking privileges for | 24 |
| persons with disabilities, the parking
decal or device must be | 25 |
| displayed properly in the vehicle where it is clearly
visible |
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| to law enforcement personnel, either hanging from the rearview | 2 |
| mirror
or placed on the dashboard of the vehicle in clear view.
| 3 |
| Disability license plates and parking decals and devices are | 4 |
| not transferable from person to person. Proper usage of the | 5 |
| disability license plate or parking decal or device requires | 6 |
| the authorized holder to be present and enter or exit the | 7 |
| vehicle at the time the parking privileges are being used. It | 8 |
| is a violation of this Section to park in a space reserved for | 9 |
| a person with disabilities if the authorized holder of the | 10 |
| disability license plate or parking decal or device does not | 11 |
| enter or exit the vehicle at the time the parking privileges | 12 |
| are being used. Any motor vehicle properly displaying a | 13 |
| disability license plate or a
parking decal or device | 14 |
| containing the International symbol of access
issued to persons | 15 |
| with disabilities by any local authority, state, district,
| 16 |
| territory or foreign country shall be recognized by State and | 17 |
| local
authorities as a valid license plate or device and | 18 |
| receive the same parking
privileges as residents of this State.
| 19 |
| (a-1) An individual with a vehicle displaying disability | 20 |
| license plates or a parking decal or device issued to a | 21 |
| qualified person with a disability under Sections 3-616, | 22 |
| 11-1301.1, or 11-1301.2 or to a disabled veteran under Section | 23 |
| 3-609 or 3-609.01 is in violation of this Section if (i) the | 24 |
| person using the disability license plate or parking decal or | 25 |
| device is not the authorized holder of the disability license | 26 |
| plate or parking decal or device or is not transporting the |
|
|
|
HB0052 Engrossed |
- 17 - |
LRB096 03893 AJT 13928 b |
|
| 1 |
| authorized holder of the disability license plate or parking | 2 |
| decal or device to or from the parking location and (ii) the | 3 |
| person uses the disability license plate or parking decal or | 4 |
| device to exercise any privileges granted through the | 5 |
| disability license plate or parking decals or devices under | 6 |
| this Code.
| 7 |
| (b) Any person or local authority owning or operating any | 8 |
| public or private
offstreet parking facility may, after | 9 |
| notifying the police or sheriff's
department, remove or cause | 10 |
| to be removed to the nearest garage or other
place of safety | 11 |
| any vehicle parked within a stall or space reserved for
use by | 12 |
| a person with disabilities which does not
display person with | 13 |
| disabilities registration
plates or a special decal or device | 14 |
| as required under this Section.
| 15 |
| (c) Any person found guilty of violating the provisions of | 16 |
| subsection (a) shall be fined $250 in addition to any costs or | 17 |
| charges connected
with the removal or storage of any motor | 18 |
| vehicle authorized under this
Section; but municipalities by | 19 |
| ordinance may impose a fine up to $350
and shall display signs | 20 |
| indicating the fine imposed. If the amount of
the fine is | 21 |
| subsequently changed, the municipality shall change the sign to
| 22 |
| indicate the current amount of the fine.
It shall not be a | 23 |
| defense to a charge under this Section that either the sign | 24 |
| posted
pursuant to this
Section or the intended accessible | 25 |
| parking place does not comply with the technical requirements | 26 |
| of Section 11-301,
Department
regulations, or local ordinance |
|
|
|
HB0052 Engrossed |
- 18 - |
LRB096 03893 AJT 13928 b |
|
| 1 |
| if a reasonable person would be made aware by
the
sign or | 2 |
| notice on or near the parking place that the place is reserved | 3 |
| for a
person
with
disabilities.
| 4 |
| (c-1) Any person found guilty of violating the provisions | 5 |
| of subsection (a-1) a first time shall be fined $500. Any | 6 |
| person found guilty of violating subsection (a-1) a second time | 7 |
| shall be fined $750, and the Secretary of State may revoke the | 8 |
| person's driving privileges or suspend those privileges for a | 9 |
| period of time to be determined by the Secretary. Any person | 10 |
| found guilty of violating subsection (a-1) a third or | 11 |
| subsequent time shall be fined $1,000, and the Secretary of | 12 |
| State may revoke the person's driving privileges or suspend | 13 |
| those privileges for a period of time to be determined by the | 14 |
| Secretary. The Secretary of State may also revoke the | 15 |
| disability license plates or parking decal or device of a | 16 |
| person violating subsection (a-1) a third or subsequent time or | 17 |
| may suspend the person's disability license plates or parking | 18 |
| decal or device for a period of time to be determined by the | 19 |
| Secretary of State. The circuit clerk shall distribute 50% of | 20 |
| the fine imposed on any person who is found guilty of or pleads | 21 |
| guilty to violating this Section, including any person placed | 22 |
| on court supervision for violating this Section, to the law | 23 |
| enforcement agency that issued the citation or made the arrest. | 24 |
| If more than one law enforcement agency is responsible for | 25 |
| issuing the citation or making the arrest, the 50% of the fine | 26 |
| imposed shall be shared equally.
If an officer of the Secretary |
|
|
|
HB0052 Engrossed |
- 19 - |
LRB096 03893 AJT 13928 b |
|
| 1 |
| of State Department of Police arrested a person for a violation | 2 |
| of this Section, 50% of the fine imposed shall be deposited | 3 |
| into the Secretary of State Police Services Fund. | 4 |
| (d) Local authorities shall impose fines as established in | 5 |
| subsections
(c) and (c-1) for violations of this Section.
| 6 |
| (e) As used in this Section, "authorized holder" means an | 7 |
| individual
issued a disability
license plate under Section | 8 |
| 3-616 of this
Code, an individual issued a parking decal or | 9 |
| device
under Section 11-1301.2 of this Code, or an individual | 10 |
| issued a disabled veteran's license plate under Section 3-609 | 11 |
| or 3-609.01 of this Code. | 12 |
| (f) Any person who commits a violation of subsection (a-1) | 13 |
| may have his or her driving privileges suspended or revoked by | 14 |
| the Secretary of State for a period of time determined by the | 15 |
| Secretary of State. The Secretary of State may also suspend or | 16 |
| revoke the disability license plates or parking decal or device | 17 |
| for a period of time determined by the Secretary of State.
| 18 |
| (Source: P.A. 94-619, eff. 1-1-06; 94-930, eff. 6-26-06; | 19 |
| 95-167, eff. 1-1-08; 95-430, eff. 6-1-08; 95-876, eff. | 20 |
| 8-21-08.)
| 21 |
| (625 ILCS 5/11-1301.5)
| 22 |
| Sec. 11-1301.5. Fictitious or unlawfully altered | 23 |
| disability
license plate or parking decal or device. | 24 |
| (a) As used in this Section:
| 25 |
| "Fictitious disability license plate or parking decal or
|
|
|
|
HB0052 Engrossed |
- 20 - |
LRB096 03893 AJT 13928 b |
|
| 1 |
| device" means any issued disability license plate or parking
| 2 |
| decal
or device, or any license plate issued to a disabled | 3 |
| veteran under Section 3-609 or 3-609.01 of this Code, that has | 4 |
| been issued by the Secretary of State or an authorized unit
of | 5 |
| local government that was issued based upon false information | 6 |
| contained on
the required application.
| 7 |
| "False information" means any incorrect or inaccurate | 8 |
| information
concerning
the name, date of birth, social security | 9 |
| number, driver's license number,
physician certification, or | 10 |
| any other information required on the Persons with Disabilities | 11 |
| Certification for Plate or Parking Placard, on the Application | 12 |
| for Replacement Disability Parking Placard, or on the
| 13 |
| application
for license plates issued to disabled veterans | 14 |
| under Section 3-609 or 3-609.01 of this Code, that
falsifies | 15 |
| the content of the application.
| 16 |
| "Unlawfully altered disability
license plate or parking
| 17 |
| permit or device" means any disability license plate or parking
| 18 |
| permit or device, or any license plate issued to a disabled | 19 |
| veteran under Section 3-609 or 3-609.01 of this Code, issued by | 20 |
| the Secretary of State or an authorized unit of
local | 21 |
| government that has been physically altered or changed in such | 22 |
| manner
that false information appears on the license plate or | 23 |
| parking decal or device.
| 24 |
| "Authorized holder" means an individual issued a | 25 |
| disability
license plate under Section 3-616 of this Code or an | 26 |
| individual issued a parking decal or device under Section |
|
|
|
HB0052 Engrossed |
- 21 - |
LRB096 03893 AJT 13928 b |
|
| 1 |
| 11-1301.2 of this Code, or an individual issued a disabled | 2 |
| veteran's license plate under Section 3-609 or 3-609.01 of this | 3 |
| Code.
| 4 |
| (b) It is a violation of this Section for any person:
| 5 |
| (1) to knowingly possess any fictitious or unlawfully | 6 |
| altered disability license plate or parking decal or | 7 |
| device;
| 8 |
| (2) to knowingly issue or assist in the issuance of, by | 9 |
| the Secretary of
State or unit of local government, any | 10 |
| fictitious disability
license plate or parking decal or | 11 |
| device;
| 12 |
| (3) to knowingly alter any disability license plate or
| 13 |
| parking decal or device;
| 14 |
| (4) to knowingly manufacture, possess, transfer, or | 15 |
| provide any
documentation used in the application process | 16 |
| whether real or fictitious, for
the purpose of obtaining a | 17 |
| fictitious disability license plate or
parking decal or | 18 |
| device;
| 19 |
| (5) to knowingly provide any false information to the | 20 |
| Secretary of State
or a unit of local government in order | 21 |
| to obtain a disability
license plate or parking decal or | 22 |
| device; or
| 23 |
| (6) to knowingly transfer a disability license plate or
| 24 |
| parking decal or device for the purpose of exercising the | 25 |
| privileges granted
to an authorized holder of a disability
| 26 |
| license plate or parking
decal or device under this Code in |
|
|
|
HB0052 Engrossed |
- 22 - |
LRB096 03893 AJT 13928 b |
|
| 1 |
| the absence of the authorized holder.
| 2 |
| (c) Sentence.
| 3 |
| (1) Any person convicted of a violation of paragraph | 4 |
| (1), (2), (3), (4), or (5) of subsection (b) of this | 5 |
| Section shall be guilty of
a Class A misdemeanor and fined | 6 |
| not less than $500 for a first offense and shall be guilty | 7 |
| of a Class 4 felony and fined not less than $1,000 for a | 8 |
| second or subsequent offense. Any person convicted of a | 9 |
| violation of subdivision (b)(6) of this Section is guilty | 10 |
| of a Class A misdemeanor and shall be fined not less than | 11 |
| $500 for a first offense and not less than $1,000 for a | 12 |
| second or subsequent offense. The circuit clerk shall | 13 |
| distribute one-half of any fine imposed on any person who | 14 |
| is found guilty of or pleads guilty to violating this | 15 |
| Section, including any person placed on court supervision | 16 |
| for violating this Section, to the law enforcement agency | 17 |
| that issued the citation or made the arrest. If more than | 18 |
| one law enforcement agency is responsible for issuing the | 19 |
| citation or making the arrest, one-half of the fine imposed | 20 |
| shall be 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. The Secretary of State may | 25 |
| suspend or revoke the parking decal or device or the | 26 |
| disability license plate of any person who commits a |
|
|
|
HB0052 Engrossed |
- 23 - |
LRB096 03893 AJT 13928 b |
|
| 1 |
| violation of this Section.
| 2 |
| (3) Any police officer may seize the parking decal or | 3 |
| device from any
person who commits a violation of this | 4 |
| Section. Any police officer may seize
the disability | 5 |
| license plate upon authorization from the
Secretary of | 6 |
| State. Any police officer may request that the Secretary of | 7 |
| State
revoke the parking decal or device or the disability | 8 |
| license
plate of any person who commits a violation of this | 9 |
| Section.
| 10 |
| (Source: P.A. 94-619, eff. 1-1-06; 95-167, eff. 1-1-08.)
| 11 |
| (625 ILCS 5/11-1301.6)
| 12 |
| Sec. 11-1301.6. Fraudulent disability license plate or
| 13 |
| parking decal or device. | 14 |
| (a) As used in this Section:
| 15 |
| "Fraudulent disability
license plate or parking decal | 16 |
| or
device"
means any disability license plate or parking | 17 |
| decal or device
that purports to be an official disability | 18 |
| license plate or
parking decal or device and that has not | 19 |
| been issued by the Secretary of State
or an authorized unit | 20 |
| of local government.
| 21 |
| "Disability license plate or parking decal or | 22 |
| device-making
implement" means any implement specially | 23 |
| designed or primarily used in the
manufacture, assembly, or | 24 |
| authentication of a disability license
plate or parking | 25 |
| decal or device, or a license plate issued to a disabled |
|
|
|
HB0052 Engrossed |
- 24 - |
LRB096 03893 AJT 13928 b |
|
| 1 |
| veteran under Section 3-609 or 3-609.01 of this Code, | 2 |
| issued by the Secretary of State or a unit of
local | 3 |
| government.
| 4 |
| (b) It is a violation of this Section for any person:
| 5 |
| (1) to knowingly possess any fraudulent disability | 6 |
| license
plate or parking decal;
| 7 |
| (2) to knowingly possess without authority any | 8 |
| disability
license plate or parking decal or device-making | 9 |
| implement;
| 10 |
| (3) to knowingly duplicate, manufacture, sell, or | 11 |
| transfer any fraudulent
or stolen disability license plate | 12 |
| or parking decal or device;
| 13 |
| (4) to knowingly assist in the duplication, | 14 |
| manufacturing, selling, or
transferring of any fraudulent, | 15 |
| stolen, or reported lost or damaged disability license | 16 |
| plate
or parking decal or device; or
| 17 |
| (5) to advertise or distribute a fraudulent disability
| 18 |
| license plate or parking decal or device.
| 19 |
| (c) Sentence.
| 20 |
| (1) Any person convicted of a violation of this Section | 21 |
| shall be guilty of
a Class A misdemeanor and fined not less | 22 |
| than $1,000 for a first offense and shall be guilty of a | 23 |
| Class 4 felony and fined not less than $2,000 for a second | 24 |
| or subsequent offense. The circuit clerk shall distribute | 25 |
| half of any fine imposed on any person who is found guilty | 26 |
| of or pleads guilty to violating this Section, including |
|
|
|
HB0052 Engrossed |
- 25 - |
LRB096 03893 AJT 13928 b |
|
| 1 |
| any person placed on court supervision for violating this | 2 |
| Section, to the law enforcement agency that issued the | 3 |
| citation or made the arrest. If more than one law | 4 |
| enforcement agency is responsible for issuing the citation | 5 |
| or making the arrest, one-half of the fine imposed shall be | 6 |
| shared equally.
| 7 |
| (2) Any person who commits a violation of this Section | 8 |
| may have his
or her driving privileges suspended or revoked | 9 |
| by the Secretary of State for a
period of time determined | 10 |
| by the Secretary of State.
| 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. 94-619, eff. 1-1-06; 95-167, eff. 1-1-08.)
| 20 |
| (625 ILCS 5/3-609.01 rep.) | 21 |
| Section 10. The Illinois Vehicle Code is amended by | 22 |
| repealing Section 3-609.01.
|
|