|
Rep. Silvana Tabares
Filed: 3/19/2014
| | 09800HB5790ham001 | | LRB098 18962 MLW 57088 a |
|
|
1 | | AMENDMENT TO HOUSE BILL 5790
|
2 | | AMENDMENT NO. ______. Amend House Bill 5790 by replacing |
3 | | everything after the enacting clause with the following:
|
4 | | "Section 5. The Illinois Vehicle Code is amended by |
5 | | changing Sections 1-159.1 and 11-1301.2 as follows:
|
6 | | (625 ILCS 5/1-159.1) (from Ch. 95 1/2, par. 1-159.1)
|
7 | | Sec. 1-159.1. Person with disabilities. A natural person |
8 | | who, as determined by a licensed physician, ophthalmologist, |
9 | | optometrist, or by a physician
assistant who has been delegated |
10 | | the authority to make this determination by
his or her |
11 | | supervising physician, or by an advanced practice nurse who has |
12 | | a
written collaborative agreement with a collaborating |
13 | | physician that authorizes
the advanced practice nurse to make |
14 | | this determination: (1) cannot walk
without the use of, or
|
15 | | assistance from, a brace, cane, crutch, another person, |
16 | | prosthetic device,
wheelchair, or other assistive device; (2) |
|
| | 09800HB5790ham001 | - 2 - | LRB098 18962 MLW 57088 a |
|
|
1 | | is restricted by lung
disease to
such an extent that his or her |
2 | | forced (respiratory) expiratory volume for one
second, when |
3 | | measured by spirometry, is less than one liter, or the arterial
|
4 | | oxygen tension is less than 60 mm/hg on room air at rest; (3) |
5 | | uses
portable
oxygen; (4) has a cardiac condition to the extent |
6 | | that the person's
functional
limitations are classified in |
7 | | severity as Class III or Class IV,
according to standards set |
8 | | by the American Heart Association; (5) is
severely limited in |
9 | | the person's ability to walk due to an arthritic,
neurological, |
10 | | oncological, or orthopedic condition; (6) cannot walk 200 feet |
11 | | without
stopping to rest because of one of the above 5 |
12 | | conditions; or (7) is missing a hand or arm or has permanently |
13 | | lost the use of a hand or arm ; or (8) is blind, defined as a |
14 | | vision acuity of 20/200 or less in the better eye with the use |
15 | | of a correcting lens, or an eye that is limited in its field of |
16 | | vision so that the widest diameter of the visual field subtends |
17 | | an angle no greater than 20 degrees .
|
18 | | (Source: P.A. 98-405, eff. 1-1-14.)
|
19 | | (625 ILCS 5/11-1301.2) (from Ch. 95 1/2, par. 11-1301.2)
|
20 | | Sec. 11-1301.2. Special decals for parking; persons with |
21 | | disabilities.
|
22 | | (a) The Secretary of State shall provide for, by |
23 | | administrative rules, the
design, size, color, and placement of |
24 | | a person with disabilities motorist decal
or device
and shall |
25 | | provide for, by administrative
rules, the content and form of |
|
| | 09800HB5790ham001 | - 3 - | LRB098 18962 MLW 57088 a |
|
|
1 | | an application for a person with disabilities
motorist decal or |
2 | | device,
which shall be used by local authorities in the |
3 | | issuance thereof to a
person with temporary disabilities, |
4 | | provided that the decal or device is
valid for no more than 90 |
5 | | days, subject to renewal for like periods based upon
continued |
6 | | disability, and further provided that the decal or device |
7 | | clearly
sets forth the date that the decal or device expires.
|
8 | | The application shall
include the requirement of an Illinois |
9 | | Identification Card number or a State
of Illinois driver's |
10 | | license number.
This decal or device may be used by the |
11 | | authorized holder to designate and identify a vehicle not owned |
12 | | or displaying a
registration plate as provided in Sections |
13 | | 3-609 and 3-616 of this Act to
designate when the vehicle is |
14 | | being used to transport said person or persons
with |
15 | | disabilities, and thus is entitled to enjoy all the privileges |
16 | | that would
be afforded a person with disabilities licensed |
17 | | vehicle.
Person with disabilities decals or devices issued and |
18 | | displayed pursuant to
this Section shall be recognized and |
19 | | honored by all local authorities
regardless of which local |
20 | | authority issued such decal or device.
|
21 | | The decal or device shall be issued only upon a showing by |
22 | | adequate
documentation that the person for whose benefit the |
23 | | decal or device is to be
used has a disability as defined in |
24 | | Section 1-159.1 of this
Code and the disability is temporary.
|
25 | | (b) The local governing authorities shall be responsible |
26 | | for the provision
of such decal or device, its issuance and |
|
| | 09800HB5790ham001 | - 4 - | LRB098 18962 MLW 57088 a |
|
|
1 | | designated placement within the
vehicle. The cost of such decal |
2 | | or device shall be at the discretion of
such local governing |
3 | | authority.
|
4 | | (c) The Secretary of State may, pursuant to Section |
5 | | 3-616(c), issue
a person with disabilities parking decal or |
6 | | device to a person with
disabilities as defined by Section |
7 | | 1-159.1. Any person with disabilities
parking decal or device |
8 | | issued by the Secretary of State shall be registered to
that |
9 | | person with disabilities in the form to be prescribed by the |
10 | | Secretary of
State. The person with disabilities parking decal |
11 | | or device shall not display
that person's address. One |
12 | | additional decal or device may be issued to an
applicant upon |
13 | | his or her written request and with the approval of the
|
14 | | Secretary of
State.
The written request must include a |
15 | | justification of the need for the
additional decal or device.
|
16 | | (c-5) Beginning January 1, 2014, the Secretary shall |
17 | | provide by administrative rule for the issuance of a separate |
18 | | and distinct parking decal or device for persons with |
19 | | disabilities as defined by Section 1-159.1 of this Code and who |
20 | | meet the qualifications under this subsection. The authorized |
21 | | holder of a decal or device issued under this subsection (c-5) |
22 | | shall be exempt from the payment of fees generated by parking |
23 | | in a metered space, a parking area subject to paragraph (10) of |
24 | | subsection (a) of Section 11-209 of this Code, or a publicly |
25 | | owned parking area. |
26 | | The Secretary shall issue a meter-exempt decal or device to |
|
| | 09800HB5790ham001 | - 5 - | LRB098 18962 MLW 57088 a |
|
|
1 | | a person with
disabilities who: (i) has been issued |
2 | | registration plates under subsection (a) of Section 3-609 or |
3 | | Section 3-616 of this Code or a special decal or device under |
4 | | this Section, (ii) holds a valid Illinois driver's license, and |
5 | | (iii) is unable to do one or more of the following: |
6 | | (1) manage, manipulate, or insert coins, or obtain |
7 | | tickets or tokens in parking meters or ticket machines in |
8 | | parking lots, due to the lack of fine motor control of both |
9 | | hands; |
10 | | (2) reach above his or her head to a height of 42 |
11 | | inches from the ground, due to a lack of finger, hand, or |
12 | | upper extremity strength or mobility; |
13 | | (3) approach a parking meter due to his or her use of a |
14 | | wheelchair or other device for mobility; or |
15 | | (4) walk more than 20 feet due to an orthopedic, |
16 | | neurological, cardiovascular, or lung condition in which |
17 | | the degree of debilitation is so severe that it almost |
18 | | completely impedes the ability to walk. |
19 | | The application for a meter-exempt parking decal or device |
20 | | shall contain a statement certified by a licensed physician, |
21 | | physician assistant, or advanced practice nurse attesting to |
22 | | the permanent nature of the applicant's condition and verifying |
23 | | that the applicant meets the physical qualifications specified |
24 | | in this subsection (c-5). |
25 | | Notwithstanding the requirements of this subsection (c-5), |
26 | | the Secretary shall issue a meter-exempt decal or device to : |
|
| | 09800HB5790ham001 | - 6 - | LRB098 18962 MLW 57088 a |
|
|
1 | | (1) a person who has been issued registration plates |
2 | | under Section 3-616 of this Code or a special decal or |
3 | | device under this Section, if the applicant is the parent |
4 | | or guardian of a person with disabilities who is under 18 |
5 | | years of age and incapable of driving ; . |
6 | | (2) a person, suffering blindness defined as having a |
7 | | central vision acuity of 20/200 or less in the better eye |
8 | | with the use of a correcting lens, or with an eye that is |
9 | | limited in its field of vision so that the widest diameter |
10 | | of the visual field subtends an angle no greater than 20 |
11 | | degrees, if the applicant submits from his or her treating |
12 | | ophthalmologist or optometrist a vision specialist report |
13 | | certifying the applicant's visual disability and limited |
14 | | mobility, and is incapable of driving without the |
15 | | assistance of another person; or |
16 | | (3) a parent or guardian of a person suffering |
17 | | blindness as defined in the preceding clause (2), if the |
18 | | applicant submits from an ophthalmologist or optometrist a |
19 | | vision specialist report certifying the person's visual |
20 | | disability or limited mobility, and the person's inability |
21 | | of driving without the assistance of another person. |
22 | | (d) Replacement decals or devices may be issued for lost, |
23 | | stolen, or
destroyed decals upon application and payment of a |
24 | | $10 fee. The replacement
fee may be waived for individuals that |
25 | | have claimed and received a grant under
the Senior Citizens and |
26 | | Disabled Persons Property Tax Relief Act.
|