Full Text of SB0952 98th General Assembly
SB0952 98TH GENERAL ASSEMBLY |
| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014 SB0952 Introduced 1/24/2013, by Sen. John J. Cullerton SYNOPSIS AS INTRODUCED: | | 625 ILCS 5/3-616 | from Ch. 95 1/2, par. 3-616 |
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Amends the Illinois Vehicle Code. Makes a technical change
in a Section concerning persons with disabilities license
plates.
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| | A BILL FOR |
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| 1 | | AN ACT concerning transportation.
| 2 | | Be it enacted by the People of the State of Illinois, | 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Vehicle Code is amended by changing | 5 | | Section 3-616 as follows:
| 6 | | (625 ILCS 5/3-616) (from Ch. 95 1/2, par. 3-616)
| 7 | | Sec. 3-616. Disability license plates.
| 8 | | (a) Upon receiving an application for a certificate of | 9 | | registration for
a motor vehicle of the
the first division or | 10 | | for a motor vehicle of the second
division weighing no more | 11 | | than 8,000 pounds, accompanied with payment of the
registration | 12 | | fees required under this Code from a person with disabilities | 13 | | or
a person who is deaf or hard of hearing, the Secretary of | 14 | | State,
if so requested, shall issue to such person registration | 15 | | plates as provided for
in Section 3-611, provided that the | 16 | | person with disabilities or person who is
deaf or hard of | 17 | | hearing must not be disqualified from obtaining a driver's
| 18 | | license under subsection 8 of Section 6-103 of this Code, and | 19 | | further provided
that any person making such a request must | 20 | | submit a statement, certified by
a
licensed physician, by a | 21 | | physician assistant who has been delegated the
authority to | 22 | | make this certification by his or her supervising physician, or | 23 | | by
an advanced practice nurse who has a written collaborative |
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| 1 | | agreement with a
collaborating physician that authorizes the | 2 | | advanced practice nurse to make
this certification, to
the | 3 | | effect that such person is a person with disabilities
as | 4 | | defined by Section 1-159.1 of this Code, or alternatively | 5 | | provide adequate
documentation that such person has a Class 1A, | 6 | | Class 2A or Type Four
disability under the provisions of | 7 | | Section 4A of the Illinois Identification
Card Act. For | 8 | | purposes of this Section, an Illinois Person
with a Disability | 9 | | Identification Card issued pursuant to the Illinois | 10 | | Identification Card Act
indicating that the person thereon | 11 | | named has a disability shall be adequate
documentation of such | 12 | | a disability. | 13 | | (b) The Secretary shall issue plates under this Section to | 14 | | a parent or
legal guardian of a person with disabilities if the | 15 | | person with disabilities
has a Class 1A or Class 2A disability | 16 | | as defined in Section 4A of the Illinois
Identification Card | 17 | | Act or is a person with disabilities as defined by Section
| 18 | | 1-159.1 of this Code, and does not possess a vehicle registered | 19 | | in his or her
name, provided that the person with disabilities | 20 | | relies frequently on the
parent or legal guardian for | 21 | | transportation. Only one vehicle per family
may be registered | 22 | | under this subsection, unless the applicant can justify in
| 23 | | writing the need for one additional set of plates. Any person | 24 | | requesting
special plates under this subsection shall submit | 25 | | such documentation or such
physician's, physician assistant's, | 26 | | or advanced practice nurse's
statement as is required in |
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| 1 | | subsection
(a) and a statement
describing the circumstances | 2 | | qualifying for issuance of special plates under
this | 3 | | subsection. An optometrist may certify a Class 2A Visual | 4 | | Disability, as defined in Section 4A of the Illinois | 5 | | Identification Card Act, for the purpose of qualifying a person | 6 | | with disabilities for special plates under this subsection.
| 7 | | (c) The Secretary may issue a
parking decal or
device to a | 8 | | person with disabilities as defined by Section 1-159.1 without
| 9 | | regard to qualification of such person with disabilities for a | 10 | | driver's license
or registration of a vehicle by such person | 11 | | with disabilities or such person's
immediate family, provided | 12 | | such person with disabilities making such a request
has been | 13 | | issued an Illinois Person with a Disability Identification Card | 14 | | indicating that the
person named thereon has a Class 1A or | 15 | | Class 2A disability, or alternatively,
submits a statement | 16 | | certified by a licensed physician, or by a physician
assistant | 17 | | or an advanced practice nurse as provided in subsection (a), to
| 18 | | the effect that such
person is a person with disabilities as | 19 | | defined by Section 1-159.1. An optometrist may certify a Class | 20 | | 2A Visual Disability as defined in Section 4A of the Illinois | 21 | | Identification Card Act for the purpose of qualifying a person | 22 | | with disabilities for a parking decal or device under this | 23 | | subsection.
| 24 | | (d) The Secretary shall prescribe by rules and regulations | 25 | | procedures
to certify or re-certify as necessary the | 26 | | eligibility of persons whose
disabilities are other than |
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| 1 | | permanent for special plates or
parking decals or devices | 2 | | issued under subsections (a), (b)
and (c). Except as provided | 3 | | under subsection (f) of this Section, no
such special plates, | 4 | | decals or devices shall be issued by the Secretary of
State to | 5 | | or on behalf of any person with disabilities unless such person | 6 | | is
certified as meeting the definition of a person with | 7 | | disabilities pursuant to
Section 1-159.1 or meeting the | 8 | | requirement of a Type Four disability as
provided under Section | 9 | | 4A of the Illinois Identification Card Act for the
period of | 10 | | time that the physician, or the physician assistant or advanced
| 11 | | practice nurse as provided in
subsection (a), determines the | 12 | | applicant will have the
disability, but not to exceed 6 months | 13 | | from the date of certification or
recertification.
| 14 | | (e) Any person requesting special plates under this Section | 15 | | may also apply
to have the special plates personalized, as | 16 | | provided under Section 3-405.1.
| 17 | | (f) The Secretary of State, upon application, shall issue | 18 | | disability registration plates or a parking decal to
| 19 | | corporations, school districts, State or municipal agencies, | 20 | | limited liability
companies, nursing homes, convalescent | 21 | | homes, or special education cooperatives
which will transport | 22 | | persons with disabilities. The Secretary shall prescribe
by | 23 | | rule a means to certify or re-certify the eligibility of | 24 | | organizations to
receive disability plates or decals and to | 25 | | designate which of the
2 person with disabilities emblems shall | 26 | | be placed on qualifying
vehicles.
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| 1 | | (g) The Secretary of State, or his designee, may enter into
| 2 | | agreements with other jurisdictions, including foreign | 3 | | jurisdictions, on
behalf of this State relating to the | 4 | | extension of parking privileges by
such jurisdictions to | 5 | | permanently disabled residents of this State who
display a | 6 | | special license plate or parking device that contains the
| 7 | | International symbol of access on his or her motor vehicle, and | 8 | | to
recognize such plates or devices issued by such other | 9 | | jurisdictions. This
State shall grant the same parking | 10 | | privileges which are granted to disabled
residents of this | 11 | | State to any non-resident whose motor vehicle is licensed
in | 12 | | another state, district, territory or foreign country if such | 13 | | vehicle
displays the international symbol of access or a | 14 | | distinguishing insignia on
license plates or parking device | 15 | | issued in accordance with the laws of the
non-resident's state, | 16 | | district, territory or foreign country.
| 17 | | (Source: P.A. 97-1064, eff. 1-1-13.)
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