Full Text of SB1929 98th General Assembly
SB1929enr 98TH GENERAL ASSEMBLY |
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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 | | Sections 11-1301.1 and 11-1301.2 as follows:
| 6 | | (625 ILCS 5/11-1301.1) (from Ch. 95 1/2, par. 11-1301.1)
| 7 | | Sec. 11-1301.1. Persons with disabilities - Parking | 8 | | privileges - Exemptions. | 9 | | (a) A motor vehicle bearing registration plates issued to a | 10 | | person with
disabilities, as defined by Section 1-159.1, | 11 | | pursuant to Section 3-616 or to a
disabled veteran pursuant to | 12 | | subsection (a) of Section 3-609 or a special decal or device | 13 | | issued
pursuant to Section 3-616 or pursuant to Section | 14 | | 11-1301.2 of this Code or a
motor vehicle registered in another | 15 | | jurisdiction, state, district, territory or
foreign country | 16 | | upon which is displayed a registration plate, special decal or
| 17 | | device issued by the other jurisdiction designating the vehicle | 18 | | is operated by
or for a person with disabilities shall be | 19 | | exempt from the payment of parking
meter fees until January 1, | 20 | | 2014, and exempt from any statute or ordinance imposing time | 21 | | limitations
on parking, except limitations of one-half hour or | 22 | | less, on any street or
highway zone, a parking area subject to | 23 | | regulation under subsection (a) of Section 11-209 of this Code, |
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| 1 | | or any parking lot or parking place which
are owned, leased or | 2 | | owned and leased by a municipality or a municipal
parking | 3 | | utility; and shall be recognized by state and local authorities
| 4 | | as a valid license plate or parking device and shall receive | 5 | | the same
parking privileges as residents of this State; but, | 6 | | such vehicle shall be
subject to the laws which prohibit | 7 | | parking in "no stopping" and "no
standing" zones in front of or | 8 | | near fire hydrants, driveways, public
building entrances and | 9 | | exits, bus stops and loading areas, and is
prohibited from | 10 | | parking where the motor vehicle constitutes a traffic
hazard, | 11 | | whereby such motor vehicle shall be moved at the instruction | 12 | | and
request of a law enforcement officer to a location | 13 | | designated by the
officer. | 14 | | (b) Any motor vehicle bearing registration plates or a | 15 | | special decal
or device specified in this Section or in Section | 16 | | 3-616 of this Code or
such parking device as specifically | 17 | | authorized in Section 11-1301.2 as
evidence that the vehicle is | 18 | | operated by or for a person with disabilities or bearing | 19 | | registration plates issued to a
disabled veteran under | 20 | | subsection (a) of Section 3-609 may park, in addition to any
| 21 | | other lawful place, in any parking place specifically reserved | 22 | | for such
vehicles by the posting of an official sign as | 23 | | provided under Section 11-301.
Parking privileges granted by | 24 | | this Section are strictly limited
to the person to whom the | 25 | | special registration plates, special decal or
device were | 26 | | issued and to qualified operators acting under his or her |
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| 1 | | express
direction while the person with disabilities is | 2 | | present.
A person to whom privileges were granted shall, at the | 3 | | request of a
police officer or any other person invested by law | 4 | | with authority to direct,
control, or regulate traffic, present | 5 | | an identification card with a picture as
verification that the
| 6 | | person is the person to whom the special registration plates, | 7 | | special decal or
device was issued.
| 8 | | (c) Such parking privileges granted by this Section are | 9 | | also extended to
motor vehicles of not-for-profit | 10 | | organizations used for the transportation of
persons with | 11 | | disabilities when such motor vehicles display the decal or | 12 | | device
issued pursuant to Section 11-1301.2 of this Code.
| 13 | | (d) No person shall use any area for the parking of any | 14 | | motor vehicle
pursuant to Section 11-1303 of this Code or where | 15 | | an official sign
controlling such area expressly prohibits | 16 | | parking at any time or during
certain hours.
| 17 | | (e) Beginning January 1, 2014, a vehicle displaying a decal | 18 | | or device issued under subsection (c-5) of Section 11-1301.2 of | 19 | | this Code shall be exempt from the payment of fees generated by | 20 | | parking in a metered space or in a publicly owned parking | 21 | | structure or area. | 22 | | (Source: P.A. 96-79, eff. 1-1-10; 97-845, eff. 1-1-13; 97-918, | 23 | | eff. 1-1-13; revised 8-23-12.)
| 24 | | (625 ILCS 5/11-1301.2) (from Ch. 95 1/2, par. 11-1301.2)
| 25 | | Sec. 11-1301.2. Special decals for parking; persons with |
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| 1 | | disabilities.
| 2 | | (a) The Secretary of State shall provide for, by | 3 | | administrative rules, the
design, size, color, and placement of | 4 | | a person with disabilities motorist decal
or device
and shall | 5 | | provide for, by administrative
rules, the content and form of | 6 | | an application for a person with disabilities
motorist decal or | 7 | | device,
which shall be used by local authorities in the | 8 | | issuance thereof to a
person with temporary disabilities, | 9 | | provided that the decal or device is
valid for no more than 90 | 10 | | days, subject to renewal for like periods based upon
continued | 11 | | disability, and further provided that the decal or device | 12 | | clearly
sets forth the date that the decal or device expires.
| 13 | | The application shall
include the requirement of an Illinois | 14 | | Identification Card number or a State
of Illinois driver's | 15 | | license number.
This decal or device may be used by the | 16 | | authorized holder to designate and identify a vehicle not owned | 17 | | or displaying a
registration plate as provided in Sections | 18 | | 3-609 and 3-616 of this Act to
designate when the vehicle is | 19 | | being used to transport said person or persons
with | 20 | | disabilities, and thus is entitled to enjoy all the privileges | 21 | | that would
be afforded a person with disabilities licensed | 22 | | vehicle.
Person with disabilities decals or devices issued and | 23 | | displayed pursuant to
this Section shall be recognized and | 24 | | honored by all local authorities
regardless of which local | 25 | | authority issued such decal or device.
| 26 | | The decal or device shall be issued only upon a showing by |
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| 1 | | adequate
documentation that the person for whose benefit the | 2 | | decal or device is to be
used has a temporary disability as | 3 | | defined in Section 1-159.1 of this
Code and the disability is | 4 | | temporary .
| 5 | | (b) The local governing authorities shall be responsible | 6 | | for the provision
of such decal or device, its issuance and | 7 | | designated placement within the
vehicle. The cost of such decal | 8 | | or device shall be at the discretion of
such local governing | 9 | | authority.
| 10 | | (c) The Secretary of State may, pursuant to Section | 11 | | 3-616(c), issue
a person with disabilities parking decal or | 12 | | device to a person with
disabilities as defined by Section | 13 | | 1-159.1. Any person with disabilities
parking decal or device | 14 | | issued by the Secretary of State shall be registered to
that | 15 | | person with disabilities in the form to be prescribed by the | 16 | | Secretary of
State. The person with disabilities parking decal | 17 | | or device shall not display
that person's address. One | 18 | | additional decal or device may be issued to an
applicant upon | 19 | | his or her written request and with the approval of the
| 20 | | Secretary of
State.
The written request must include a | 21 | | justification of the need for the
additional decal or device.
| 22 | | (c-5) Beginning January 1, 2014, the Secretary shall | 23 | | provide by administrative rule for the issuance of a separate | 24 | | and distinct parking decal or device for persons with | 25 | | disabilities as defined by Section 1-159.1 of this Code and who | 26 | | meet the qualifications under this subsection . The authorized |
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| 1 | | holder of a decal or device issued under this subsection (c-5) | 2 | | shall be exempt from the payment of fees generated by parking | 3 | | in a metered space, a parking area subject to paragraph (10) of | 4 | | subsection (a) of Section 11-209 of this Code, or a publicly | 5 | | owned parking structure or area. | 6 | | The Secretary shall issue a meter-exempt decal or device to | 7 | | a person with
disabilities who: (i) has been issued | 8 | | registration plates under subsection (a) of Section 3-609 or | 9 | | Section 3-616 of this Code or a special decal or device under | 10 | | this Section, (ii) holds a valid Illinois driver's license , ; | 11 | | and (iii) is unable to do one or more of the following: | 12 | | (1) manage, manipulate, or insert coins, or obtain | 13 | | tickets or tokens in parking meters or ticket machines in | 14 | | parking lots or parking structures , due to the lack of fine | 15 | | motor control of both hands; | 16 | | (2) reach above his or her head to a height of 42 | 17 | | inches from the ground, due to a lack of finger, hand, or | 18 | | upper extremity strength or mobility; | 19 | | (3) approach a parking meter due to his or her use of a | 20 | | wheelchair or other device for mobility; or | 21 | | (4) walk more than 20 feet due to an orthopedic, | 22 | | neurological, cardiovascular, or lung condition in which | 23 | | the degree of debilitation is so severe that it almost | 24 | | completely impedes the ability to walk. | 25 | | The application for a meter-exempt parking decal or device | 26 | | shall contain a statement certified by a licensed physician, |
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| 1 | | physician assistant, or advanced practice nurse attesting to | 2 | | the permanent nature and estimated duration of the applicant's | 3 | | condition and verifying that the applicant meets the physical | 4 | | qualifications specified in this subsection (c-5). | 5 | | Notwithstanding the requirements of this subsection (c-5), | 6 | | the Secretary shall issue a meter-exempt decal or device to a | 7 | | person who has been issued registration plates under Section | 8 | | 3-616 of this Code or a special decal or device under this | 9 | | Section, if the applicant is the parent or guardian of a person | 10 | | with disabilities who is under 18 years of age and incapable of | 11 | | driving. | 12 | | (d) Replacement decals or devices may be issued for lost, | 13 | | stolen, or
destroyed decals upon application and payment of a | 14 | | $10 fee. The replacement
fee may be waived for individuals that | 15 | | have claimed and received a grant under
the Senior Citizens and | 16 | | Disabled Persons Property Tax Relief Act.
| 17 | | (Source: P.A. 96-72, eff. 1-1-10; 96-79, eff. 1-1-10; 96-1000, | 18 | | eff. 7-2-10; 97-689, eff. 6-14-12; 97-845, eff. 1-1-13; revised | 19 | | 8-3-12.)
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