Full Text of HB5624 97th General Assembly
HB5624ham004 97TH GENERAL ASSEMBLY | Rep. Karen May Filed: 3/27/2012
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| 1 | | AMENDMENT TO HOUSE BILL 5624
| 2 | | AMENDMENT NO. ______. Amend House Bill 5624, AS AMENDED, by | 3 | | replacing everything after the enacting clause with the | 4 | | following:
| 5 | | "Section 5. The Illinois Vehicle Code is amended by | 6 | | changing Sections 11-1301.1, 11-1301.2, 11-1301.3, and | 7 | | 11-1301.5 as follows:
| 8 | | (625 ILCS 5/11-1301.1) (from Ch. 95 1/2, par. 11-1301.1)
| 9 | | Sec. 11-1301.1. Persons with disabilities - Parking | 10 | | privileges - Exemptions. A motor vehicle bearing registration | 11 | | plates issued to a person with
disabilities, as defined by | 12 | | Section 1-159.1, pursuant to Section 3-616 or to a
disabled | 13 | | veteran pursuant to Section 3-609 or a special decal or device | 14 | | issued
pursuant to Section 3-616 or pursuant to Section | 15 | | 11-1301.2 of this Code or a
motor vehicle registered in another | 16 | | jurisdiction, state, district, territory or
foreign country |
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| 1 | | upon which is displayed a registration plate, special decal or
| 2 | | device issued by the other jurisdiction designating the vehicle | 3 | | is operated by
or for a person with disabilities shall be | 4 | | exempt from the payment of parking
meter fees until January 1, | 5 | | 2014, and exempt from any statute or ordinance imposing time | 6 | | limitations
on parking, except limitations of one-half hour or | 7 | | less, on any street or
highway zone, a parking area subject to | 8 | | regulation under subsection (a) of Section 11-209 of this Code, | 9 | | or any parking lot or parking place which
are owned, leased or | 10 | | owned and leased by a municipality or a municipal
parking | 11 | | utility; and shall be recognized by state and local authorities
| 12 | | as a valid license plate or parking device and shall receive | 13 | | the same
parking privileges as residents of this State; but, | 14 | | such vehicle shall be
subject to the laws which prohibit | 15 | | parking in "no stopping" and "no
standing" zones in front of or | 16 | | near fire hydrants, driveways, public
building entrances and | 17 | | exits, bus stops and loading areas, and is
prohibited from | 18 | | parking where the motor vehicle constitutes a traffic
hazard, | 19 | | whereby such motor vehicle shall be moved at the instruction | 20 | | and
request of a law enforcement officer to a location | 21 | | designated by the
officer. Any motor vehicle bearing | 22 | | registration plates or a special decal
or device specified in | 23 | | this Section or in Section 3-616 of this Code or
such parking | 24 | | device as specifically authorized in Section 11-1301.2 as
| 25 | | evidence that the vehicle is operated by or for a person with | 26 | | disabilities or
disabled veteran may park, in addition to any
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| 1 | | other lawful place, in any parking place specifically reserved | 2 | | for such
vehicles by the posting of an official sign as | 3 | | provided under Section 11-301.
Parking privileges granted by | 4 | | this Section are strictly limited
to the person to whom the | 5 | | special registration plates, special decal or
device were | 6 | | issued and to qualified operators acting under his express
| 7 | | direction while the person with disabilities is present.
A | 8 | | person to whom privileges were granted shall, at the request of | 9 | | a
police officer or any other person invested by law with | 10 | | authority to direct,
control, or regulate traffic, present an | 11 | | identification card with a picture as
verification that the
| 12 | | person is the person to whom the special registration plates, | 13 | | special decal or
device was issued.
| 14 | | Such parking privileges granted by this Section are also | 15 | | extended to
motor vehicles of not-for-profit organizations | 16 | | used for the transportation of
persons with disabilities when | 17 | | such motor vehicles display the decal or device
issued pursuant | 18 | | to Section 11-1301.2 of this Code.
| 19 | | No person shall use any area for the parking of any motor | 20 | | vehicle
pursuant to Section 11-1303 of this Code or where an | 21 | | official sign
controlling such area expressly prohibits | 22 | | parking at any time or during
certain hours.
| 23 | | Beginning January 1, 2014, a vehicle displaying a decal or | 24 | | device issued under subsection (c-5) of Section 11-1301.2 of | 25 | | this Code shall be exempt from the payment of fees generated by | 26 | | parking in a metered space or in a publicly owned parking |
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| 1 | | structure or area. | 2 | | (Source: P.A. 95-167, eff. 1-1-08; 96-79, eff. 1-1-10.)
| 3 | | (625 ILCS 5/11-1301.2) (from Ch. 95 1/2, par. 11-1301.2)
| 4 | | Sec. 11-1301.2. Special decals for parking; persons with | 5 | | disabilities.
| 6 | | (a) The Secretary of State shall provide for, by | 7 | | administrative rules, the
design, size, color, and placement of | 8 | | a person with disabilities motorist decal
or device
and shall | 9 | | provide for, by administrative
rules, the content and form of | 10 | | an application for a person with disabilities
motorist decal or | 11 | | device,
which shall be used by local authorities in the | 12 | | issuance thereof to a
person with temporary disabilities, | 13 | | provided that the decal or device is
valid for no more than 90 | 14 | | days, subject to renewal for like periods based upon
continued | 15 | | disability, and further provided that the decal or device | 16 | | clearly
sets forth the date that the decal or device expires.
| 17 | | The application shall
include the requirement of an Illinois | 18 | | Identification Card number or a State
of Illinois driver's | 19 | | license number.
This decal or device may be used by the | 20 | | authorized holder to designate and identify a vehicle not owned | 21 | | or displaying a
registration plate as provided in Sections | 22 | | 3-609 and 3-616 of this Act to
designate when the vehicle is | 23 | | being used to transport said person or persons
with | 24 | | disabilities, and thus is entitled to enjoy all the privileges | 25 | | that would
be afforded a person with disabilities licensed |
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| 1 | | vehicle.
Person with disabilities decals or devices issued and | 2 | | displayed pursuant to
this Section shall be recognized and | 3 | | honored by all local authorities
regardless of which local | 4 | | authority issued such decal or device.
| 5 | | The decal or device shall be issued only upon a showing by | 6 | | adequate
documentation that the person for whose benefit the | 7 | | decal or device is to be
used has a temporary disability as | 8 | | defined in Section 1-159.1 of this
Code.
| 9 | | (b) The local governing authorities shall be responsible | 10 | | for the provision
of such decal or device, its issuance and | 11 | | designated placement within the
vehicle. The cost of such decal | 12 | | or device shall be at the discretion of
such local governing | 13 | | authority.
| 14 | | (c) The Secretary of State may, pursuant to Section | 15 | | 3-616(c), issue
a person with disabilities parking decal or | 16 | | device to a person with
disabilities as defined by Section | 17 | | 1-159.1. Any person with disabilities
parking decal or device | 18 | | issued by the Secretary of State shall be registered to
that | 19 | | person with disabilities in the form to be prescribed by the | 20 | | Secretary of
State. The person with disabilities parking decal | 21 | | or device shall not display
that person's address. One | 22 | | additional decal or device may be issued to an
applicant upon | 23 | | his or her written request and with the approval of the
| 24 | | Secretary of
State.
The written request must include a | 25 | | justification of the need for the
additional decal or device.
| 26 | | (c-5) Beginning January 1, 2014, the Secretary shall |
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| 1 | | provide by administrative rule for the issuance of a separate | 2 | | and distinct parking decal or device for persons with | 3 | | disabilities as defined by Section 1-159.1 of this Code. The | 4 | | authorized holder of a decal or device issued under this | 5 | | subsection (c-5) shall be exempt from the payment of fees | 6 | | generated by parking in a metered space, a parking area subject | 7 | | to paragraph (10) of subsection (a) of Section 11-209 of this | 8 | | Code, or a publicly owned parking structure or area. | 9 | | The Secretary shall issue a meter-exempt decal or device to | 10 | | a person with
disabilities who: (i) has been issued | 11 | | registration plates under Section 3-609 or 3-616 of this Code | 12 | | or a special decal or device under this Section, (ii) holds a | 13 | | valid Illinois driver's license; and (iii) is unable to do one | 14 | | or more of the following: | 15 | | (1) manage, manipulate, or insert coins, or obtain | 16 | | tickets or tokens in parking meters or ticket machines in | 17 | | parking lots or parking structures, due to the lack of fine | 18 | | motor control of both hands; | 19 | | (2) reach above his or her head to a height of 42 | 20 | | inches from the ground, due to a lack of finger, hand, or | 21 | | upper extremity strength or mobility; | 22 | | (3) approach a parking meter due to his or her use of a | 23 | | wheelchair or other device for mobility; or | 24 | | (4) walk more than 20 feet due to an orthopedic, | 25 | | neurological, cardiovascular, or lung condition in which | 26 | | the degree of debilitation is so severe that it almost |
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| 1 | | completely impedes the ability to walk. | 2 | | The application for a meter-exempt parking decal or device | 3 | | shall contain a statement certified by a licensed physician, | 4 | | physician assistant, or advanced practice nurse attesting to | 5 | | the nature and estimated duration of the applicant's condition | 6 | | and verifying that the applicant meets the physical | 7 | | qualifications specified in this subsection (c-5). | 8 | | Notwithstanding the requirements of this subsection (c-5), | 9 | | the Secretary shall issue a meter-exempt decal or device to a | 10 | | person who has been issued registration plates under Section | 11 | | 3-616 of this Code or a special decal or device under this | 12 | | Section, if the applicant is the parent or guardian of a person | 13 | | with disabilities who is under 18 years of age and incapable of | 14 | | driving. | 15 | | (d) Replacement decals or devices may be issued for lost, | 16 | | stolen, or
destroyed decals upon application and payment of a | 17 | | $10 fee. The replacement
fee may be waived for individuals that | 18 | | have claimed and received a grant under
the Senior Citizens and | 19 | | Disabled Persons Property Tax Relief and Pharmaceutical
| 20 | | Assistance Act.
| 21 | | (Source: P.A. 95-167, eff. 1-1-08; 96-72, eff. 1-1-10; 96-79, | 22 | | eff. 1-1-10; 96-1000, eff. 7-2-10.)
| 23 | | (625 ILCS 5/11-1301.3) (from Ch. 95 1/2, par. 11-1301.3)
| 24 | | Sec. 11-1301.3. Unauthorized use of parking places | 25 | | reserved for persons with
disabilities. |
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| 1 | | (a) It shall be prohibited to park any motor vehicle which | 2 | | is not properly
displaying
registration plates or decals issued | 3 | | to a person with disabilities, as defined
by Section 1-159.1, | 4 | | pursuant to Sections 3-616, 11-1301.1 or 11-1301.2, or to
a | 5 | | disabled veteran pursuant to Section 3-609 of this Act, as | 6 | | evidence that the
vehicle is operated by or for a person with | 7 | | disabilities or disabled veteran,
in any parking place, | 8 | | including any private
or public offstreet parking facility, | 9 | | specifically reserved, by the
posting of an official sign as | 10 | | designated under Section 11-301, for
motor vehicles displaying | 11 | | such registration plates.
It shall be prohibited to park any | 12 | | motor vehicle in a designated access
aisle adjacent to any | 13 | | parking place specifically reserved for persons with
| 14 | | disabilities, by the posting of an official sign as designated | 15 | | under Section
11-301, for motor vehicles displaying such | 16 | | registration plates.
When using the parking privileges for | 17 | | persons with disabilities, the parking
decal or device must be | 18 | | displayed properly in the vehicle where it is clearly
visible | 19 | | to law enforcement personnel, either hanging from the rearview | 20 | | mirror
or placed on the dashboard of the vehicle in clear view.
| 21 | | Disability license plates and parking decals and devices are | 22 | | not transferable from person to person. Proper usage of the | 23 | | disability license plate or parking decal or device requires | 24 | | the authorized holder to be present and enter or exit the | 25 | | vehicle at the time the parking privileges are being used. It | 26 | | is a violation of this Section to park in a space reserved for |
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| 1 | | a person with disabilities if the authorized holder of the | 2 | | disability license plate or parking decal or device does not | 3 | | enter or exit the vehicle at the time the parking privileges | 4 | | are being used. Any motor vehicle properly displaying a | 5 | | disability license plate or a
parking decal or device | 6 | | containing the International symbol of access
issued to persons | 7 | | with disabilities by any local authority, state, district,
| 8 | | territory or foreign country shall be recognized by State and | 9 | | local
authorities as a valid license plate or device and | 10 | | receive the same parking
privileges as residents of this State.
| 11 | | (a-1) An individual with a vehicle displaying disability | 12 | | license plates or a parking decal or device issued to a | 13 | | qualified person with a disability under Sections 3-616, | 14 | | 11-1301.1, or 11-1301.2 or to a disabled veteran under Section | 15 | | 3-609 is in violation of this Section if (i) the person using | 16 | | the disability license plate or parking decal or device is not | 17 | | the authorized holder of the disability license plate or | 18 | | parking decal or device or is not transporting the authorized | 19 | | holder of the disability license plate or parking decal or | 20 | | device to or from the parking location and (ii) the person uses | 21 | | the disability license plate or parking decal or device to | 22 | | exercise any privileges granted through the disability license | 23 | | plate or parking decals or devices under this Code.
| 24 | | (b) Any person or local authority owning or operating any | 25 | | public or private
offstreet parking facility may, after | 26 | | notifying the police or sheriff's
department, remove or cause |
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| 1 | | to be removed to the nearest garage or other
place of safety | 2 | | any vehicle parked within a stall or space reserved for
use by | 3 | | a person with disabilities which does not
display person with | 4 | | disabilities registration
plates or a special decal or device | 5 | | as required under this Section.
| 6 | | (c) Any person found guilty of violating the provisions of | 7 | | subsection (a) shall be fined $250 in addition to any costs or | 8 | | charges connected
with the removal or storage of any motor | 9 | | vehicle authorized under this
Section; but municipalities by | 10 | | ordinance may impose a fine up to $350
and shall display signs | 11 | | indicating the fine imposed. If the amount of
the fine is | 12 | | subsequently changed, the municipality shall change the sign to
| 13 | | indicate the current amount of the fine.
It shall not be a | 14 | | defense to a charge under this Section that either the sign | 15 | | posted
pursuant to this
Section or the intended accessible | 16 | | parking place does not comply with the technical requirements | 17 | | of Section 11-301,
Department
regulations, or local ordinance | 18 | | if a reasonable person would be made aware by
the
sign or | 19 | | notice on or near the parking place that the place is reserved | 20 | | for a
person
with
disabilities.
| 21 | | (c-1) Any person found guilty of violating the provisions | 22 | | of subsection (a-1) a first time shall be fined $600 $500 . Any | 23 | | person found guilty of violating subsection (a-1) a second time | 24 | | shall be fined $750. Any person found guilty of violating | 25 | | subsection (a-1) a third or subsequent time shall be fined | 26 | | $1,000. The circuit clerk shall distribute 50% of the fine |
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| 1 | | imposed on any person who is found guilty of or pleads guilty | 2 | | to violating this Section, including any person placed on court | 3 | | supervision for violating this Section, to the law enforcement | 4 | | agency that issued the citation or made the arrest. If more | 5 | | than one law enforcement agency is responsible for issuing the | 6 | | citation or making the arrest, the 50% of the fine imposed | 7 | | shall be shared equally.
If an officer of the Secretary of | 8 | | State Department of Police arrested a person for a violation of | 9 | | this Section, 50% of the fine imposed shall be deposited into | 10 | | the Secretary of State Police Services Fund. | 11 | | (d) Local authorities shall impose fines as established in | 12 | | subsections
(c) and (c-1) for violations of this Section.
| 13 | | (e) As used in this Section, "authorized holder" means an | 14 | | individual
issued a disability
license plate under Section | 15 | | 3-616 of this
Code, an individual issued a parking decal or | 16 | | device
under Section 11-1301.2 of this Code, or an individual | 17 | | issued a disabled veteran's license plate under Section 3-609 | 18 | | of this Code. | 19 | | (f) Any person who commits a violation of subsection (a-1) | 20 | | may have his or her driving privileges suspended or revoked by | 21 | | the Secretary of State for a period of time determined by the | 22 | | Secretary of State. The Secretary of State may also suspend or | 23 | | revoke the disability license plates or parking decal or device | 24 | | for a period of time determined by the Secretary of State.
| 25 | | (g) Any police officer may seize the parking decal
or | 26 | | device from any person who commits a violation of this Section. |
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| 1 | | Any police officer may seize the disability license plate upon | 2 | | authorization from the Secretary of State. Any police officer | 3 | | may request that the Secretary of State revoke the parking | 4 | | decal or device or the disability license plate of any person | 5 | | who commits a violation of this Section. | 6 | | (Source: P.A. 95-167, eff. 1-1-08; 95-430, eff. 6-1-08; 95-876, | 7 | | eff. 8-21-08; 96-72, eff. 1-1-10; 96-79, eff. 1-1-10; 96-962, | 8 | | eff. 7-2-10; 96-1000, eff. 7-2-10.)
| 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 of this Code, that has been issued | 17 | | by the Secretary of State or an authorized unit
of local | 18 | | 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 of this Code, that
falsifies the content of | 3 | | 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 of this Code, issued by the | 8 | | Secretary of State or an authorized unit of
local government | 9 | | that has been physically altered or changed in such manner
that | 10 | | false information appears on the license plate or parking decal | 11 | | 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 of this Code.
| 17 | | (b) It is a violation of this Section for any person:
| 18 | | (1) to knowingly possess any fictitious or unlawfully | 19 | | altered disability license plate or parking decal or | 20 | | device;
| 21 | | (2) to knowingly issue or assist in the issuance of, by | 22 | | the Secretary of
State or unit of local government, any | 23 | | fictitious disability
license plate or parking decal or | 24 | | device;
| 25 | | (3) to knowingly alter any disability license plate or
| 26 | | parking decal or device;
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| 1 | | (4) to knowingly manufacture, possess, transfer, or | 2 | | provide any
documentation used in the application process | 3 | | whether real or fictitious, for
the purpose of obtaining a | 4 | | fictitious disability license plate or
parking decal or | 5 | | device;
| 6 | | (5) to knowingly provide any false information to the | 7 | | Secretary of State
or a unit of local government in order | 8 | | to obtain a disability
license plate or parking decal or | 9 | | device; or
| 10 | | (6) to knowingly transfer a disability license plate or
| 11 | | parking decal or device for the purpose of exercising the | 12 | | privileges granted
to an authorized holder of a disability
| 13 | | license plate or parking
decal or device under this Code in | 14 | | the absence of the authorized holder ; or .
| 15 | | (7) for a physician, physician assistant, or advanced | 16 | | practice nurse to knowingly falsify a certification that a | 17 | | person is a person with disabilities as defined by Section | 18 | | 1-159.1 of this Code. | 19 | | (c) Sentence.
| 20 | | (1) Any person convicted of a violation of paragraph | 21 | | (1), (2), (3), (4), or (5) , or (7) of subsection (b) of | 22 | | this Section shall be guilty of
a Class A misdemeanor and | 23 | | fined not less than $1,000 $500 for a first offense and | 24 | | shall be guilty of a Class 4 felony and fined not less than | 25 | | $2,000 $1,000 for a second or subsequent offense. Any | 26 | | person convicted of a violation of subdivision (b)(6) of |
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| 1 | | this Section is guilty of a Class A misdemeanor and shall | 2 | | be fined not less than $1,000 $500 for a first offense and | 3 | | not less than $2,000 $1,000 for a second or subsequent | 4 | | offense. The circuit clerk shall distribute one-half of any | 5 | | fine imposed on any person who is found guilty of or pleads | 6 | | guilty to violating this Section, including any person | 7 | | placed on court supervision for violating this Section, to | 8 | | the law enforcement agency that issued the citation or made | 9 | | the arrest. If more than one law enforcement agency is | 10 | | responsible for issuing the citation or making the arrest, | 11 | | one-half of the fine imposed shall be shared equally.
| 12 | | (2) Any person who commits a violation of this Section | 13 | | may have his
or her driving privileges suspended or revoked | 14 | | by the Secretary of State for a
period of time determined | 15 | | by the Secretary of State. The Secretary of State may | 16 | | suspend or revoke the parking decal or device or the | 17 | | disability license plate of any person who commits a | 18 | | violation of this Section.
| 19 | | (3) Any police officer may seize the parking decal or | 20 | | device from any
person who commits a violation of this | 21 | | Section. Any police officer may seize
the disability | 22 | | license plate upon authorization from the
Secretary of | 23 | | State. Any police officer may request that the Secretary of | 24 | | State
revoke the parking decal or device or the disability | 25 | | license
plate of any person who commits a violation of this | 26 | | Section.
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| 1 | | (Source: P.A. 95-167, eff. 1-1-08; 96-79, eff. 1-1-10.)".
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