Full Text of HB5790 98th General Assembly
HB5790ham001 98TH GENERAL ASSEMBLY | Rep. Silvana Tabares Filed: 3/19/2014
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| 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) |
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| 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 |
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| 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 |
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| 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 |
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| 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 : |
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| 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.
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| 1 | | (Source: P.A. 97-689, eff. 6-14-12; 97-845, eff. 1-1-13; | 2 | | 98-463, eff. 8-16-13; 98-577, eff. 1-1-14.)".
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