Full Text of SB1541 96th General Assembly
SB1541eng 96TH 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 |
| Sections 11-1301.2 and 11-1301.3 as follows:
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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 | 8 |
| disabilities parking.
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| (a) The Secretary of State shall provide for, by | 10 |
| administrative rules, the
design, size, color, and placement of | 11 |
| a person with disabilities motorist decal
or device
and shall | 12 |
| provide for, by administrative
rules, the content and form of | 13 |
| an application for a person with disabilities
motorist decal or | 14 |
| device,
which shall be used by local authorities in the | 15 |
| issuance thereof to a
person with temporary disabilities, | 16 |
| provided that the decal or device is
valid for no more than 90 | 17 |
| days, subject to renewal for like periods based upon
continued | 18 |
| disability, and further provided that the decal or device | 19 |
| clearly
sets forth the date that the decal or device expires.
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| The application shall
include the requirement of an Illinois | 21 |
| Identification Card number or a State
of Illinois driver's | 22 |
| license number.
This decal or device shall be the property of | 23 |
| such
person with disabilities and may be used by the authorized |
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| holder that person to designate and identify a vehicle not | 2 |
| owned or displaying a
registration plate as provided in | 3 |
| Sections 3-609, 3-609.01, and 3-616 of this Act to
designate | 4 |
| when the vehicle is being used to transport said person or | 5 |
| persons
with disabilities, and thus is entitled to enjoy all | 6 |
| the privileges that would
be afforded a person with | 7 |
| disabilities licensed vehicle.
Person with disabilities decals | 8 |
| or devices issued and displayed pursuant to
this Section shall | 9 |
| be recognized and honored by all local authorities
regardless | 10 |
| of which local authority issued such decal or device.
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| The decal or device shall be issued only upon a showing by | 12 |
| adequate
documentation that the person for whose benefit the | 13 |
| decal or device is to be
used has a temporary disability as | 14 |
| defined in Section 1-159.1 of this
Code.
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| (b) The local governing authorities shall be responsible | 16 |
| for the provision
of such decal or device, its issuance and | 17 |
| designated placement within the
vehicle. The cost of such decal | 18 |
| or device shall be at the discretion of
such local governing | 19 |
| authority.
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| (c) The Secretary of State may, pursuant to Section | 21 |
| 3-616(c), issue
a person with disabilities parking decal or | 22 |
| device to a person with
disabilities as defined by Section | 23 |
| 1-159.1. Any person with disabilities
parking decal or device | 24 |
| issued by the Secretary of State shall be registered to
that | 25 |
| person with disabilities in the form to be prescribed by the | 26 |
| Secretary of
State. The person with disabilities parking decal |
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| or device shall not display
that person's address. One | 2 |
| additional decal or device may be issued to an
applicant upon | 3 |
| his or her written request and with the approval of the
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| Secretary of
State.
The written request must include a | 5 |
| justification of the need for the
additional decal or device.
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| (d) Replacement decals or devices may be issued for lost, | 7 |
| stolen, or
destroyed decals upon application and payment of a | 8 |
| $10 fee. The replacement
fee may be waived for individuals that | 9 |
| have claimed and received a grant under
the Senior Citizens and | 10 |
| Disabled Persons Property Tax Relief and Pharmaceutical
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| Assistance Act.
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| (Source: P.A. 95-167, eff. 1-1-08.)
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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 | 15 |
| reserved for persons with
disabilities. | 16 |
| (a) It shall be prohibited to park any motor vehicle which | 17 |
| is not properly
displaying
registration plates or decals issued | 18 |
| to a person with disabilities, as defined
by Section 1-159.1, | 19 |
| pursuant to Sections 3-616, 11-1301.1 or 11-1301.2, or to
a | 20 |
| disabled veteran pursuant to Section 3-609 or 3-609.01 of this | 21 |
| Act, as evidence that the
vehicle is operated by or for a | 22 |
| person with disabilities or disabled veteran,
in any parking | 23 |
| place, including any private
or public offstreet parking | 24 |
| facility, specifically reserved, by the
posting of an official | 25 |
| sign as designated under Section 11-301, for
motor vehicles |
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| displaying such registration plates.
It shall be prohibited to | 2 |
| park any motor vehicle in a designated access
aisle adjacent to | 3 |
| any parking place specifically reserved for persons with
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| disabilities, by the posting of an official sign as designated | 5 |
| under Section
11-301, for motor vehicles displaying such | 6 |
| registration plates.
When using the parking privileges for | 7 |
| persons with disabilities, the parking
decal or device must be | 8 |
| displayed properly in the vehicle where it is clearly
visible | 9 |
| to law enforcement personnel, either hanging from the rearview | 10 |
| 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 | 12 |
| not transferable from person to person. Proper usage of the | 13 |
| disability license plate or parking decal or device requires | 14 |
| the authorized holder to be present and enter or exit the | 15 |
| vehicle at the time the parking privileges are being used. It | 16 |
| is a violation of this Section to park in a space reserved for | 17 |
| a person with disabilities if the authorized holder of the | 18 |
| disability license plate or parking decal or device does not | 19 |
| enter or exit the vehicle at the time the parking privileges | 20 |
| are being used. Any motor vehicle properly displaying a | 21 |
| disability license plate or a
parking decal or device | 22 |
| containing the International symbol of access
issued to persons | 23 |
| with disabilities by any local authority, state, district,
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| territory or foreign country shall be recognized by State and | 25 |
| local
authorities as a valid license plate or device and | 26 |
| receive the same parking
privileges as residents of this State.
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| (a-1) An individual with a vehicle displaying disability | 2 |
| license plates or a parking decal or device issued to a | 3 |
| qualified person with a disability under Sections 3-616, | 4 |
| 11-1301.1, or 11-1301.2 or to a disabled veteran under Section | 5 |
| 3-609 or 3-609.01 is in violation of this Section if (i) the | 6 |
| person using the disability license plate or parking decal or | 7 |
| device is not the authorized holder of the disability license | 8 |
| plate or parking decal or device or is not transporting the | 9 |
| authorized holder of the disability license plate or parking | 10 |
| decal or device to or from the parking location and (ii) the | 11 |
| person uses the disability license plate or parking decal or | 12 |
| device to exercise any privileges granted through the | 13 |
| disability license plate or parking decals or devices under | 14 |
| this Code.
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| (b) Any person or local authority owning or operating any | 16 |
| public or private
offstreet parking facility may, after | 17 |
| notifying the police or sheriff's
department, remove or cause | 18 |
| to be removed to the nearest garage or other
place of safety | 19 |
| any vehicle parked within a stall or space reserved for
use by | 20 |
| a person with disabilities which does not
display person with | 21 |
| disabilities registration
plates or a special decal or device | 22 |
| as required under this Section.
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| (c) Any person found guilty of violating the provisions of | 24 |
| subsection (a) shall be fined $250 in addition to any costs or | 25 |
| charges connected
with the removal or storage of any motor | 26 |
| vehicle authorized under this
Section; but municipalities by |
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| ordinance may impose a fine up to $350
and shall display signs | 2 |
| indicating the fine imposed. If the amount of
the fine is | 3 |
| 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 | 5 |
| defense to a charge under this Section that either the sign | 6 |
| posted
pursuant to this
Section or the intended accessible | 7 |
| parking place does not comply with the technical requirements | 8 |
| of Section 11-301,
Department
regulations, or local ordinance | 9 |
| if a reasonable person would be made aware by
the
sign or | 10 |
| notice on or near the parking place that the place is reserved | 11 |
| for a
person
with
disabilities.
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| (c-1) Any person found guilty of violating the provisions | 13 |
| of subsection (a-1) a first time shall be fined $500. Any | 14 |
| person found guilty of violating subsection (a-1) a second time | 15 |
| shall be fined $750, and the Secretary of State may revoke the | 16 |
| person's driving privileges or suspend those privileges for a | 17 |
| period of time to be determined by the Secretary. Any person | 18 |
| found guilty of violating subsection (a-1) a third or | 19 |
| subsequent time shall be fined $1,000 , and the Secretary of | 20 |
| State may revoke the person's driving privileges or suspend | 21 |
| those privileges for a period of time to be determined by the | 22 |
| Secretary. The Secretary of State may also revoke the | 23 |
| disability license plates or parking decal or device of a | 24 |
| person violating subsection (a-1) a third or subsequent time or | 25 |
| may suspend the person's disability license plates or parking | 26 |
| decal or device for a period of time to be determined by the |
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| Secretary of State . The circuit clerk shall distribute 50% of | 2 |
| the fine imposed on any person who is found guilty of or pleads | 3 |
| guilty to violating this Section, including any person placed | 4 |
| on court supervision for violating this Section, to the law | 5 |
| enforcement agency that issued the citation or made the arrest. | 6 |
| If more than one law enforcement agency is responsible for | 7 |
| issuing the citation or making the arrest, the 50% of the fine | 8 |
| imposed shall be shared equally.
If an officer of the Secretary | 9 |
| of State Department of Police arrested a person for a violation | 10 |
| of this Section, 50% of the fine imposed shall be deposited | 11 |
| into the Secretary of State Police Services Fund. | 12 |
| (d) Local authorities shall impose fines as established in | 13 |
| subsections
(c) and (c-1) for violations of this Section.
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| (e) As used in this Section, "authorized holder" means an | 15 |
| individual
issued a disability
license plate under Section | 16 |
| 3-616 of this
Code, an individual issued a parking decal or | 17 |
| device
under Section 11-1301.2 of this Code, or an individual | 18 |
| issued a disabled veteran's license plate under Section 3-609 | 19 |
| or 3-609.01 of this Code. | 20 |
| (f) Any person who commits a violation of subsection (a-1) | 21 |
| may have his or her driving privileges suspended or revoked by | 22 |
| the Secretary of State for a period of time determined by the | 23 |
| Secretary of State. The Secretary of State may also suspend or | 24 |
| revoke the disability license plates or parking decal or device | 25 |
| for a period of time determined by the Secretary of State.
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| (g) Any police officer may seize the parking decal
or |
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| device from any person who commits a violation of this Section. | 2 |
| Any police officer may seize the disability license plate upon | 3 |
| authorization from the Secretary of State. Any police officer | 4 |
| may request that the Secretary of State revoke the parking | 5 |
| decal or device or the disability license plate of any person | 6 |
| who commits a violation of this Section. | 7 |
| (Source: P.A. 94-619, eff. 1-1-06; 94-930, eff. 6-26-06; | 8 |
| 95-167, eff. 1-1-08; 95-430, eff. 6-1-08; 95-876, eff. | 9 |
| 8-21-08.)
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