Illinois General Assembly - Full Text of HB5624
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Full Text of HB5624  97th General Assembly

HB5624ham002 97TH GENERAL ASSEMBLY

Rep. Karen May

Filed: 3/6/2012

 

 


 

 


 
09700HB5624ham002LRB097 17394 HEP 67161 a

1
AMENDMENT TO HOUSE BILL 5624

2    AMENDMENT NO. ______. Amend House Bill 5624 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Illinois Vehicle Code is amended by
5changing Sections 11-1301.1, 11-1301.3, and 11-1301.5 and by
6adding Section 11-1301.9 as follows:
 
7    (625 ILCS 5/11-1301.1)  (from Ch. 95 1/2, par. 11-1301.1)
8    Sec. 11-1301.1. Persons with disabilities - Parking
9privileges - Exemptions. A motor vehicle bearing registration
10plates issued to a person with disabilities, as defined by
11Section 1-159.1, pursuant to Section 3-616 or to a disabled
12veteran pursuant to Section 3-609 or a special decal or device
13issued pursuant to Section 3-616 or pursuant to Section
1411-1301.2 of this Code or a motor vehicle registered in another
15jurisdiction, state, district, territory or foreign country
16upon which is displayed a registration plate, special decal or

 

 

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1device issued by the other jurisdiction designating the vehicle
2is operated by or for a person with disabilities shall be
3exempt from the payment of parking meter fees and exempt from
4any statute or ordinance imposing time limitations on parking,
5except limitations of one-half hour or less, on any street or
6highway zone, a parking area subject to paragraph (10) of
7subsection (a) of Section 11-209 of this Code, or any parking
8lot or parking place which are owned, leased or owned and
9leased by a municipality or a municipal parking utility; and
10shall be recognized by state and local authorities as a valid
11license plate or parking device and shall receive the same
12parking privileges as residents of this State; but, such
13vehicle shall be subject to the laws which prohibit parking in
14"no stopping" and "no standing" zones in front of or near fire
15hydrants, driveways, public building entrances and exits, bus
16stops and loading areas, and is prohibited from parking where
17the motor vehicle constitutes a traffic hazard, whereby such
18motor vehicle shall be moved at the instruction and request of
19a law enforcement officer to a location designated by the
20officer. Any motor vehicle bearing registration plates or a
21special decal or device specified in this Section or in Section
223-616 of this Code or such parking device as specifically
23authorized in Section 11-1301.2 as evidence that the vehicle is
24operated by or for a person with disabilities or disabled
25veteran may park, in addition to any other lawful place, in any
26parking place specifically reserved for such vehicles by the

 

 

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1posting of an official sign as provided under Section 11-301.
2Parking privileges granted by this Section are strictly limited
3to the person to whom the special registration plates, special
4decal or device were issued and to qualified operators acting
5under his express direction while the person with disabilities
6is present. A person to whom privileges were granted shall, at
7the request of a police officer or any other person invested by
8law with authority to direct, control, or regulate traffic,
9present an identification card with a picture as verification
10that the person is the person to whom the special registration
11plates, special decal or device was issued.
12    Such parking privileges granted by this Section are also
13extended to motor vehicles of not-for-profit organizations
14used for the transportation of persons with disabilities when
15such motor vehicles display the decal or device issued pursuant
16to Section 11-1301.2 of this Code.
17    No person shall use any area for the parking of any motor
18vehicle pursuant to Section 11-1303 of this Code or where an
19official sign controlling such area expressly prohibits
20parking at any time or during certain hours.
21    Beginning January 1, 2014, except as provided under Section
2211-1301.9 of this Code, no person shall be exempt from the
23payment of fees generated by parking in a metered space or in a
24publicly owned parking structure or area or in a parking area
25subject to paragraph (10) of subsection (a) of Section 11-209
26of this Code.

 

 

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1(Source: P.A. 95-167, eff. 1-1-08; 96-79, eff. 1-1-10.)
 
2    (625 ILCS 5/11-1301.3)  (from Ch. 95 1/2, par. 11-1301.3)
3    Sec. 11-1301.3. Unauthorized use of parking places
4reserved for persons with disabilities.
5    (a) It shall be prohibited to park any motor vehicle which
6is not properly displaying registration plates or decals issued
7to a person with disabilities, as defined by Section 1-159.1,
8pursuant to Sections 3-616, 11-1301.1 or 11-1301.2, or to a
9disabled veteran pursuant to Section 3-609 of this Act, as
10evidence that the vehicle is operated by or for a person with
11disabilities or disabled veteran, in any parking place,
12including any private or public offstreet parking facility,
13specifically reserved, by the posting of an official sign as
14designated under Section 11-301, for motor vehicles displaying
15such registration plates. It shall be prohibited to park any
16motor vehicle in a designated access aisle adjacent to any
17parking place specifically reserved for persons with
18disabilities, by the posting of an official sign as designated
19under Section 11-301, for motor vehicles displaying such
20registration plates. When using the parking privileges for
21persons with disabilities, the parking decal or device must be
22displayed properly in the vehicle where it is clearly visible
23to law enforcement personnel, either hanging from the rearview
24mirror or placed on the dashboard of the vehicle in clear view.
25Disability license plates and parking decals and devices are

 

 

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1not transferable from person to person. Proper usage of the
2disability license plate or parking decal or device requires
3the authorized holder to be present and enter or exit the
4vehicle at the time the parking privileges are being used. It
5is a violation of this Section to park in a space reserved for
6a person with disabilities if the authorized holder of the
7disability license plate or parking decal or device does not
8enter or exit the vehicle at the time the parking privileges
9are being used. Any motor vehicle properly displaying a
10disability license plate or a parking decal or device
11containing the International symbol of access issued to persons
12with disabilities by any local authority, state, district,
13territory or foreign country shall be recognized by State and
14local authorities as a valid license plate or device and
15receive the same parking privileges as residents of this State.
16    (a-1) An individual with a vehicle displaying disability
17license plates or a parking decal or device issued to a
18qualified person with a disability under Sections 3-616,
1911-1301.1, or 11-1301.2 or to a disabled veteran under Section
203-609 is in violation of this Section if (i) the person using
21the disability license plate or parking decal or device is not
22the authorized holder of the disability license plate or
23parking decal or device or is not transporting the authorized
24holder of the disability license plate or parking decal or
25device to or from the parking location and (ii) the person uses
26the disability license plate or parking decal or device to

 

 

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1exercise any privileges granted through the disability license
2plate or parking decals or devices under this Code.
3    (b) Any person or local authority owning or operating any
4public or private offstreet parking facility may, after
5notifying the police or sheriff's department, remove or cause
6to be removed to the nearest garage or other place of safety
7any vehicle parked within a stall or space reserved for use by
8a person with disabilities which does not display person with
9disabilities registration plates or a special decal or device
10as required under this Section.
11    (c) Any person found guilty of violating the provisions of
12subsection (a) shall be fined $250 in addition to any costs or
13charges connected with the removal or storage of any motor
14vehicle authorized under this Section; but municipalities by
15ordinance may impose a fine up to $350 and shall display signs
16indicating the fine imposed. If the amount of the fine is
17subsequently changed, the municipality shall change the sign to
18indicate the current amount of the fine. It shall not be a
19defense to a charge under this Section that either the sign
20posted pursuant to this Section or the intended accessible
21parking place does not comply with the technical requirements
22of Section 11-301, Department regulations, or local ordinance
23if a reasonable person would be made aware by the sign or
24notice on or near the parking place that the place is reserved
25for a person with disabilities.
26    (c-1) Any person found guilty of violating the provisions

 

 

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1of subsection (a-1) a first time shall be fined $600 $500. Any
2person found guilty of violating subsection (a-1) a second time
3shall be fined $750. Any person found guilty of violating
4subsection (a-1) a third or subsequent time shall be fined
5$1,000. The circuit clerk shall distribute 50% of the fine
6imposed on any person who is found guilty of or pleads guilty
7to violating this Section, including any person placed on court
8supervision for violating this Section, to the law enforcement
9agency that issued the citation or made the arrest. If more
10than one law enforcement agency is responsible for issuing the
11citation or making the arrest, the 50% of the fine imposed
12shall be shared equally. If an officer of the Secretary of
13State Department of Police arrested a person for a violation of
14this Section, 50% of the fine imposed shall be deposited into
15the Secretary of State Police Services Fund.
16    (d) Local authorities shall impose fines as established in
17subsections (c) and (c-1) for violations of this Section.
18    (e) As used in this Section, "authorized holder" means an
19individual issued a disability license plate under Section
203-616 of this Code, an individual issued a parking decal or
21device under Section 11-1301.2 of this Code, or an individual
22issued a disabled veteran's license plate under Section 3-609
23of this Code.
24    (f) Any person who commits a violation of subsection (a-1)
25may have his or her driving privileges suspended or revoked by
26the Secretary of State for a period of time determined by the

 

 

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1Secretary of State. The Secretary of State may also suspend or
2revoke the disability license plates or parking decal or device
3for a period of time determined by the Secretary of State.
4    (g) Any police officer may seize the parking decal or
5device from any person who commits a violation of this Section.
6Any police officer may seize the disability license plate upon
7authorization from the Secretary of State. Any police officer
8may request that the Secretary of State revoke the parking
9decal or device or the disability license plate of any person
10who commits a violation of this Section.
11(Source: P.A. 95-167, eff. 1-1-08; 95-430, eff. 6-1-08; 95-876,
12eff. 8-21-08; 96-72, eff. 1-1-10; 96-79, eff. 1-1-10; 96-962,
13eff. 7-2-10; 96-1000, eff. 7-2-10.)
 
14    (625 ILCS 5/11-1301.5)
15    Sec. 11-1301.5. Fictitious or unlawfully altered
16disability license plate or parking decal or device.
17    (a) As used in this Section:
18    "Fictitious disability license plate or parking decal or
19device" means any issued disability license plate or parking
20decal or device, or any license plate issued to a disabled
21veteran under Section 3-609 of this Code or to certain persons
22with disabilities under Section 11-1301.9 of this Code, that
23has been issued by the Secretary of State or an authorized unit
24of local government that was issued based upon false
25information contained on the required application.

 

 

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1    "False information" means any incorrect or inaccurate
2information concerning the name, date of birth, social security
3number, driver's license number, physician certification, or
4any other information required on the Persons with Disabilities
5Certification for Plate or Parking Placard, on the Application
6for Replacement Disability Parking Placard, or on the
7application for license plates issued to disabled veterans
8under Section 3-609 of this Code, or on the application for
9free parking privileges under Section 11-1301.9 of this Code,
10that falsifies the content of the application.
11    "Unlawfully altered disability license plate or parking
12permit or device" means any disability license plate or parking
13permit or device, or any license plate issued to a disabled
14veteran under Section 3-609 of this Code, or to certain persons
15with disabilities under Section 11-1301.9 of this Code issued
16by the Secretary of State or an authorized unit of local
17government that has been physically altered or changed in such
18manner that false information appears on the license plate or
19parking decal or device.
20    "Authorized holder" means an individual issued a
21disability license plate under Section 3-616 of this Code or an
22individual issued a parking decal or device under Section
2311-1301.2 of this Code, or an individual issued a disabled
24veteran's license plate under Section 3-609 of this Code, or an
25individual granted free parking privileges under Section
2611-1301.9 of this Code.

 

 

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1    (b) It is a violation of this Section for any person:
2        (1) to knowingly possess any fictitious or unlawfully
3    altered disability license plate or parking decal or
4    device;
5        (2) to knowingly issue or assist in the issuance of, by
6    the Secretary of State or unit of local government, any
7    fictitious disability license plate or parking decal or
8    device;
9        (3) to knowingly alter any disability license plate or
10    parking decal or device;
11        (4) to knowingly manufacture, possess, transfer, or
12    provide any documentation used in the application process
13    whether real or fictitious, for the purpose of obtaining a
14    fictitious disability license plate or parking decal or
15    device;
16        (5) to knowingly provide any false information to the
17    Secretary of State or a unit of local government in order
18    to obtain a disability license plate or parking decal or
19    device; or
20        (6) to knowingly transfer a disability license plate or
21    parking decal or device for the purpose of exercising the
22    privileges granted to an authorized holder of a disability
23    license plate or parking decal or device under this Code in
24    the absence of the authorized holder; or .
25        (7) for a physician to knowingly falsify a
26    certification that a person is a person with disabilities

 

 

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1    as defined by Section 1-159.1 of this Code.
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 $1,000 $500 for a first offense and shall be
7    guilty of a Class 4 felony and fined not less than $2,000
8    $1,000 for a second or subsequent offense. Any person
9    convicted of a violation of subdivision (b)(6) of this
10    Section is guilty of a Class A misdemeanor and shall be
11    fined not less than $1,000 $500 for a first offense and not
12    less than $2,000 $1,000 for a second or subsequent offense.
13    A person convicted of a violation of paragraph (7) of
14    subsection (b) of this Section shall be guilty of a Class A
15    misdemeanor and fined not less than $2,000 for a first
16    offense and shall be guilty of a Class 4 felony and fined
17    not less than $4,000 for a second or subsequent offense.
18    The circuit clerk shall distribute one-half of any fine
19    imposed on any person who is found guilty of or pleads
20    guilty to violating this Section, including any person
21    placed on court supervision for violating this Section, to
22    the law enforcement agency that issued the citation or made
23    the arrest. If more than one law enforcement agency is
24    responsible for issuing the citation or making the arrest,
25    one-half of the fine imposed shall be shared equally.
26        (2) Any person who commits a violation of this Section

 

 

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1    may have his or her driving privileges suspended or revoked
2    by the Secretary of State for a period of time determined
3    by the Secretary of State. The Secretary of State may
4    suspend or revoke the parking decal or device or the
5    disability license plate of any person who commits a
6    violation of this Section.
7        (3) Any police officer may seize the parking decal or
8    device from any person who commits a violation of this
9    Section. Any police officer may seize the disability
10    license plate upon authorization from the Secretary of
11    State. Any police officer may request that the Secretary of
12    State revoke the parking decal or device or the disability
13    license plate of any person who commits a violation of this
14    Section.
15(Source: P.A. 95-167, eff. 1-1-08; 96-79, eff. 1-1-10.)
 
16    (625 ILCS 5/11-1301.9 new)
17    Sec. 11-1301.9. Free parking for certain persons with
18disabilities.
19    (a) Beginning January 1, 2014, to be entitled to free
20parking in a metered space, a parking area subject to paragraph
21(10) of subsection (a) of Section 11-209 of this Code, or in a
22publicly owned parking structure or area, a vehicle must
23properly display on the vehicle's disability license plate or
24parking decal or device the insignia issued by the Secretary of
25State showing that the person is eligible for free parking

 

 

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1under this Section. The Secretary shall issue the insignia to
2any person who meets the eligibility criteria contained in this
3Section.
4    (b) The Secretary shall issue free parking insignia to any
5person with disabilities, as defined by Section 1-159.1, who
6has been issued registration plates under Section 3-616 or
73-609 of this Code or a special decal or device under Section
83-616 or 11-1301.2 of this Code, who is unable to do one or
9more of the following:
10        (1) manage, manipulate, or insert coins, or obtain
11    tickets or tokens in parking meters or ticket machines in
12    parking lots or parking structures, due to the lack of fine
13    motor control of both hands;
14        (2) reach above his or her head to a height of 42
15    inches from the ground, due to a lack of finger, hand, or
16    upper extremity strength or mobility;
17        (3) approach a parking meter due to his or her use of a
18    wheelchair or other device; and
19        (4) walk more than 20 feet due to an orthopedic,
20    neurological, cardiovascular, or lung condition in which
21    the degree of debilitation is so severe that it almost
22    completely impedes the ability to walk.
23    (c) An application for free parking insignia based upon the
24physical conditions listed in subsection (b) shall contain a
25statement, certified by a licensed physician, attesting to the
26nature and estimated duration of the applicant's disabling

 

 

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1condition and verifying that the applicant qualifies for free
2parking.
3    (d) The Secretary may issue to a person with a temporary
4disability temporary insignia that is valid for a period of not
5more than 6 months. The Secretary may issue to a person with a
6permanent disability original or renewal permanent insignia
7that is valid for 4 years.
8    (e) The Secretary shall adopt rules to implement this
9Section.".