Full Text of HB5049 102nd General Assembly
HB5049sam002 102ND GENERAL ASSEMBLY | Sen. Ram Villivalam Filed: 11/30/2022
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| 1 | | AMENDMENT TO HOUSE BILL 5049
| 2 | | AMENDMENT NO. ______. Amend House Bill 5049 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Illinois Vehicle Code is amended by | 5 | | changing Sections 3-616, 6-109, 11-1301.2, 11-1301.4, and | 6 | | 11-1301.5 and by adding Section 3-606.5 as follows: | 7 | | (625 ILCS 5/3-606.5 new) | 8 | | Sec. 3-606.5. Retired Executive Branch Constitutional | 9 | | Officers. Upon receipt of a request from a retired executive | 10 | | branch constitutional officer, accompanied by the appropriate | 11 | | application and fee, the Secretary of State shall issue to the | 12 | | retired executive branch constitutional officer plates bearing | 13 | | appropriate wording or abbreviations indicating that the | 14 | | holder is a retired executive branch constitutional officer | 15 | | and the office held. Such plates may be issued for a 2-year | 16 | | period beginning on January 1 of each odd-numbered year and |
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| 1 | | ending on December 31 of the subsequent even-numbered year. | 2 | | Upon the death of a retired executive branch constitutional | 3 | | officer who has been issued a retired executive branch | 4 | | constitutional officer plate, the retired executive branch | 5 | | constitutional officer's surviving spouse shall be entitled to | 6 | | retain the plate so long as the surviving spouse is a resident | 7 | | of Illinois and transfers the registration to his or her name | 8 | | within 90 days of the death of the retired executive branch | 9 | | constitutional officer.
For purposes of this Section, "retired | 10 | | executive branch constitutional officer" means any individual | 11 | | who has served at least one full term of office as (i) | 12 | | Governor; (ii) Lieutenant Governor; (iii) Attorney General; | 13 | | (iv) Secretary of State; (v) Comptroller; or (vi) Treasurer; | 14 | | and who was not removed from office pursuant to Section 14 of | 15 | | Article IV of the Illinois Constitution of 1970.
| 16 | | (625 ILCS 5/3-616) (from Ch. 95 1/2, par. 3-616)
| 17 | | Sec. 3-616. Disability license plates.
| 18 | | (a) Upon receiving an application for a certificate of | 19 | | registration for
a motor vehicle of the first division or for a | 20 | | motor vehicle of the second
division weighing no more than | 21 | | 8,000 pounds, accompanied with payment of the
registration | 22 | | fees required under this Code from a person with disabilities | 23 | | or
a person who is deaf or hard of hearing, the Secretary of | 24 | | State,
if so requested, shall issue to such person | 25 | | registration plates as provided for
in Section 3-611, provided |
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| 1 | | that the person with disabilities or person who is
deaf or hard | 2 | | of hearing must not be disqualified from obtaining a driver's
| 3 | | license under subsection 8 of Section 6-103 of this Code, and | 4 | | further provided
that any person making such a request must | 5 | | submit a statement, certified by
a
licensed medical | 6 | | professional physician, by a licensed physician assistant, or | 7 | | by a licensed
advanced practice registered nurse , to
the | 8 | | effect that such person is a person with disabilities
as | 9 | | provided under defined by Section 1-159.1 of this Code, or | 10 | | alternatively provide adequate
documentation that such person | 11 | | has a Class 1A, Class 2A or Type Four
disability under the | 12 | | provisions of Section 4A of the Illinois Identification
Card | 13 | | Act. For purposes of this Section, an Illinois Person
with a | 14 | | Disability Identification Card issued pursuant to the Illinois | 15 | | Identification Card Act
indicating that the person thereon | 16 | | named has a disability shall be adequate
documentation of such | 17 | | a disability.
| 18 | | (b) The Secretary shall issue plates under this Section to | 19 | | a parent or
legal guardian of a person with disabilities if the | 20 | | person with disabilities
has a Class 1A or Class 2A disability | 21 | | as defined in Section 4A of the Illinois
Identification Card | 22 | | Act or is a person with disabilities as defined by Section
| 23 | | 1-159.1 of this Code, and does not possess a vehicle | 24 | | registered in his or her
name, provided that the person with | 25 | | disabilities relies frequently on the
parent or legal guardian | 26 | | for transportation. Only one vehicle per family
may be |
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| 1 | | registered under this subsection, unless the applicant can | 2 | | justify in
writing the need for one additional set of plates. | 3 | | Any person requesting
special plates under this subsection | 4 | | shall submit such documentation or such licensed medical | 5 | | professional's
physician's, physician assistant's, or advanced | 6 | | practice registered nurse's
statement as is required in | 7 | | subsection
(a) and a statement
describing the circumstances | 8 | | qualifying for issuance of special plates under
this | 9 | | subsection. An optometrist may certify a Class 2A Visual | 10 | | Disability, as defined in Section 4A of the Illinois | 11 | | Identification Card Act, for the purpose of qualifying a | 12 | | person with disabilities for special plates under this | 13 | | subsection.
| 14 | | (c) The Secretary may issue a
parking decal or
device to a | 15 | | person with disabilities as defined by Section 1-159.1 without
| 16 | | regard to qualification of such person with disabilities for a | 17 | | driver's license
or registration of a vehicle by such person | 18 | | with disabilities or such person's
immediate family, provided | 19 | | such person with disabilities making such a request
has been | 20 | | issued an Illinois Person with a Disability Identification | 21 | | Card indicating that the
person named thereon has a Class 1A or | 22 | | Class 2A disability, or alternatively,
submits a statement | 23 | | certified by a licensed medical professional physician, or by | 24 | | a licensed physician
assistant or a licensed advanced practice | 25 | | registered nurse as provided in subsection (a), to
the effect | 26 | | that such
person is a person with disabilities as provided |
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| 1 | | under defined by Section 1-159.1. An optometrist may certify a | 2 | | Class 2A Visual Disability as defined in Section 4A of the | 3 | | Illinois Identification Card Act for the purpose of qualifying | 4 | | a person with disabilities for a parking decal or device under | 5 | | this subsection.
| 6 | | (d) The Secretary shall prescribe by rules and regulations | 7 | | procedures
to certify or re-certify as necessary the | 8 | | eligibility of persons whose
disabilities are other than | 9 | | permanent for special plates or
parking decals or devices | 10 | | issued under subsections (a), (b)
and (c). Except as provided | 11 | | under subsection (f) of this Section, no
such special plates, | 12 | | decals or devices shall be issued by the Secretary of
State to | 13 | | or on behalf of any person with disabilities unless such | 14 | | person is
certified as meeting the definition of a person with | 15 | | disabilities pursuant to
Section 1-159.1 or meeting the | 16 | | requirement of a Type Four disability as
provided under | 17 | | Section 4A of the Illinois Identification Card Act for the
| 18 | | period of time that the licensed medical professional, | 19 | | physician, or the physician assistant or advanced
practice | 20 | | registered nurse as provided in
subsection (a), determines the | 21 | | applicant will have the
disability, but not to exceed 6 months | 22 | | from the date of certification or
recertification.
| 23 | | (e) Any person requesting special plates under this | 24 | | Section may also apply
to have the special plates | 25 | | personalized, as provided under Section 3-405.1.
| 26 | | (f) The Secretary of State, upon application, shall issue |
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| 1 | | disability registration plates or a parking decal to
| 2 | | corporations, school districts, State or municipal agencies, | 3 | | limited liability
companies, nursing homes, convalescent | 4 | | homes, or special education cooperatives
which will transport | 5 | | persons with disabilities. The Secretary shall prescribe
by | 6 | | rule a means to certify or re-certify the eligibility of | 7 | | organizations to
receive disability plates or decals and to | 8 | | designate which of the
2 person with disabilities emblems | 9 | | shall be placed on qualifying
vehicles.
| 10 | | (g) The Secretary of State, or his designee, may enter | 11 | | into
agreements with other jurisdictions, including foreign | 12 | | jurisdictions, on
behalf of this State relating to the | 13 | | extension of parking privileges by
such jurisdictions to | 14 | | residents of this State with disabilities who
display a | 15 | | special license plate or parking device that contains the
| 16 | | International symbol of access on his or her motor vehicle, | 17 | | and to
recognize such plates or devices issued by such other | 18 | | jurisdictions. This
State shall grant the same parking | 19 | | privileges which are granted to
residents of this State with | 20 | | disabilities to any non-resident whose motor vehicle is | 21 | | licensed
in another state, district, territory or foreign | 22 | | country if such vehicle
displays the international symbol of | 23 | | access or a distinguishing insignia on
license plates or | 24 | | parking device issued in accordance with the laws of the
| 25 | | non-resident's state, district, territory or foreign country.
| 26 | | (h) For purposes of this Section, "licensed medical |
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| 1 | | professional" means any licensed professional specified under | 2 | | Section 1-159.1 of this Code for purposes of determining or | 3 | | certifying whether a person is a person with disabilities. | 4 | | (Source: P.A. 99-143, eff. 7-27-15; 99-173, eff. 7-29-15; | 5 | | 99-642, eff. 7-28-16; 100-513, eff. 1-1-18 .)
| 6 | | (625 ILCS 5/6-109)
| 7 | | Sec. 6-109. Examination of applicants. | 8 | | (a) The Secretary of State shall examine every applicant | 9 | | for a driver's
license or permit who has not been previously | 10 | | licensed as a driver under the
laws of this State or any other | 11 | | state or country, or any applicant for renewal
of such | 12 | | driver's license or permit when such license or permit has | 13 | | been expired
for more than one year. The Secretary of State | 14 | | shall, subject to the
provisions of paragraph (c), examine | 15 | | every licensed driver at least every 8
years, and may examine | 16 | | or re-examine any other applicant or licensed driver,
provided | 17 | | that during the years 1984 through 1991 those drivers issued a | 18 | | license
for 3 years may be re-examined not less than every 7 | 19 | | years or more than every
10 years. | 20 | | The Secretary of State shall require the testing of the | 21 | | eyesight of any
driver's license or permit applicant who has | 22 | | not been previously licensed
as a driver under the laws of this | 23 | | State and shall promulgate rules and
regulations to provide | 24 | | for the orderly administration of all the provisions of
this | 25 | | Section. |
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| 1 | | The Secretary of State shall include at least one test | 2 | | question that concerns the provisions of the Pedestrians with | 3 | | Disabilities Safety Act in the question pool used for the | 4 | | written portion of the driver's license examination within one | 5 | | year after July 22, 2010 (the effective date of Public Act | 6 | | 96-1167). | 7 | | The Secretary of State shall include, in the question pool | 8 | | used for the written portion of the driver's license | 9 | | examination, test questions concerning safe driving in the | 10 | | presence of bicycles, of which one may be concerning the Dutch | 11 | | Reach method as described in Section 2-112. | 12 | | The Secretary of State shall include, in the question pool | 13 | | used for the written portion of the driver's license | 14 | | examination, at least one test question concerning driver | 15 | | responsibilities when approaching a stationary emergency | 16 | | vehicle as described in Section 11-907. | 17 | | (b) Except as provided for those applicants in paragraph | 18 | | (c), such
examination shall include a test of the applicant's
| 19 | | eyesight, his or her ability to read and understand official | 20 | | traffic control devices,
his or her knowledge of safe driving | 21 | | practices and the traffic laws of this State,
and may include | 22 | | an actual demonstration of the applicant's ability to exercise
| 23 | | ordinary and reasonable control of the operation of a motor | 24 | | vehicle, and
such further physical and mental examination as | 25 | | the Secretary of State finds
necessary to determine the | 26 | | applicant's fitness to operate a motor vehicle
safely on the |
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| 1 | | highways, except the examination of an applicant 79 75 years
| 2 | | of age or older shall include an actual demonstration of the | 3 | | applicant's
ability to exercise ordinary and reasonable | 4 | | control of the operation of
a motor vehicle. All portions of | 5 | | written and verbal examinations under
this Section, excepting | 6 | | where the English language appears on facsimiles
of road | 7 | | signs, may be given in the Spanish language and, at the | 8 | | discretion
of the Secretary of State, in any other language as | 9 | | well as in English upon
request of the examinee. Deaf persons | 10 | | who are otherwise qualified are not
prohibited from being | 11 | | issued a license, other than a commercial driver's
license, | 12 | | under this Code. | 13 | | (c) Re-examination for those applicants who at the time of | 14 | | renewing their
driver's license possess a driving record | 15 | | devoid of any convictions of traffic
violations or evidence of | 16 | | committing an offense
for which mandatory revocation
would be | 17 | | required upon conviction pursuant to Section 6-205 at the time
| 18 | | of renewal shall be in a manner prescribed by the Secretary
in | 19 | | order to determine an applicant's ability to safely operate a | 20 | | motor
vehicle,
except that every applicant for the renewal of | 21 | | a driver's license who is
79 75 years of age or older must | 22 | | prove, by an actual demonstration,
the applicant's ability to | 23 | | exercise reasonable care in the safe operation
of a motor | 24 | | vehicle. | 25 | | (d) In the event the applicant is not ineligible under the | 26 | | provisions of
Section 6-103 to receive a driver's license, the |
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| 1 | | Secretary of State
shall make provision for giving an | 2 | | examination, either in the county where
the applicant resides | 3 | | or at a place adjacent thereto reasonably convenient
to the | 4 | | applicant, within not more than 30 days from the date said
| 5 | | application is received. | 6 | | (e) The Secretary of State may adopt rules regarding the | 7 | | use of foreign language interpreters during the application | 8 | | and examination process. | 9 | | (Source: P.A. 100-770, eff. 1-1-19; 100-962, eff. 1-1-19; | 10 | | 101-81, eff. 7-12-19; 101-174, eff. 1-1-20 .)
| 11 | | (625 ILCS 5/11-1301.2) (from Ch. 95 1/2, par. 11-1301.2)
| 12 | | Sec. 11-1301.2. Special decals for parking; persons with | 13 | | disabilities.
| 14 | | (a) The Secretary of State shall provide for, by | 15 | | administrative rules, the
design, size, color, and placement | 16 | | of a person with disabilities motorist decal
or device
and | 17 | | shall provide for, by administrative
rules, the content and | 18 | | form of an application for a person with disabilities
motorist | 19 | | decal or device,
which shall be used by local authorities in | 20 | | the issuance thereof to a
person with temporary disabilities, | 21 | | provided that the decal or device is
valid for no more than 90 | 22 | | days, subject to renewal for like periods based upon
continued | 23 | | disability, and further provided that the decal or device | 24 | | clearly
sets forth the date that the decal or device expires.
| 25 | | The application shall
include the requirement of an Illinois |
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| 1 | | Identification Card number or a State
of Illinois driver's | 2 | | license number or, if the applicant does not have an | 3 | | identification card or driver's license number, then the | 4 | | applicant may use a valid identification number issued by a | 5 | | branch of the U.S. military or a federally issued Medicare or | 6 | | Medicaid identification number.
This decal or device may be | 7 | | used by the authorized holder to designate and identify a | 8 | | vehicle not owned or displaying a
registration plate or | 9 | | digital registration plate as provided in Sections 3-609 and | 10 | | 3-616 of this Act to
designate when the vehicle is being used | 11 | | to transport said person or persons
with disabilities, and | 12 | | thus is entitled to enjoy all the privileges that would
be | 13 | | afforded a person with disabilities licensed vehicle.
Person | 14 | | with disabilities decals or devices issued and displayed | 15 | | pursuant to
this Section shall be recognized and honored by | 16 | | all local authorities
regardless of which local authority | 17 | | issued such decal or device.
| 18 | | The decal or device shall be issued only upon a showing by | 19 | | adequate
documentation that the person for whose benefit the | 20 | | decal or device is to be
used has a disability as defined in | 21 | | Section 1-159.1 of this
Code and the disability is temporary.
| 22 | | (a-5) The Secretary may provide a disabilities motorist | 23 | | decal or device to an expectant mother during her third | 24 | | trimester. An application under this subsection is subject to | 25 | | application requirements under subsection (a). The decal or | 26 | | device shall be valid for no more than 90 days, and shall |
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| 1 | | clearly set forth the date that the decal or device expires. | 2 | | The decal or device shall be issued only upon a showing by | 3 | | adequate documentation that the expectant mother has entered | 4 | | her third trimester. | 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 | 8 | | decal or device shall be at the discretion of
such local | 9 | | governing 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 | 26 | | who meet the qualifications under this subsection. The |
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| 1 | | authorized holder of a decal or device issued under this | 2 | | subsection (c-5) shall be exempt from the payment of fees | 3 | | generated by parking in a metered space, a parking area | 4 | | subject to paragraph (10) of subsection (a) of Section 11-209 | 5 | | of this Code, or a publicly owned parking area. | 6 | | The Secretary shall issue a meter-exempt decal or device | 7 | | to a person with
disabilities who: (i) has been issued | 8 | | registration plates or digital registration plates under | 9 | | subsection (a) of Section 3-609 or Section 3-616 of this Code | 10 | | or a special decal or device under this Section, (ii) holds a | 11 | | valid Illinois driver's license, and (iii) is unable to do one | 12 | | or more of the following: | 13 | | (1) manage, manipulate, or insert coins, or obtain | 14 | | tickets or tokens in parking meters or ticket machines in | 15 | | parking lots, due to the lack of fine motor control of both | 16 | | hands; | 17 | | (2) reach above his or her head to a height of 42 | 18 | | inches from the ground, due to a lack of finger, hand, or | 19 | | upper extremity strength or mobility; | 20 | | (3) approach a parking meter due to his or her use of a | 21 | | wheelchair or other device for mobility; or | 22 | | (4) walk more than 20 feet due to an orthopedic, | 23 | | neurological, cardiovascular, or lung condition in which | 24 | | the degree of debilitation is so severe that it almost | 25 | | completely impedes the ability to walk. | 26 | | The application for a meter-exempt parking decal or device |
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| 1 | | shall contain a statement certified by a licensed medical | 2 | | professional, as specified under Section 1-159.1 of this Code, | 3 | | physician, physician assistant, or advanced practice | 4 | | registered nurse attesting to the permanent nature of the | 5 | | applicant's condition and verifying that the applicant meets | 6 | | the physical qualifications specified in this subsection | 7 | | (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 or digital | 11 | | registration plates under Section 3-616 of this Code or a | 12 | | special decal or device under this Section, if the applicant | 13 | | is the parent or guardian of a person with disabilities who is | 14 | | under 18 years of age and incapable of 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 | 18 | | that have claimed and received a grant under
the Senior | 19 | | Citizens and Persons with Disabilities Property Tax Relief | 20 | | Act.
| 21 | | (e) A person classified as a veteran under subsection (e) | 22 | | of Section 6-106 of this Code that has been issued a decal or | 23 | | device under this Section shall not be required to submit | 24 | | evidence of disability in order to renew that decal or device | 25 | | if, at the time of initial application, he or she submitted | 26 | | evidence from his or her physician or the Department of |
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| 1 | | Veterans' Affairs that the disability is of a permanent | 2 | | nature. However, the Secretary shall take reasonable steps to | 3 | | ensure the veteran still resides in this State at the time of | 4 | | the renewal. These steps may include requiring the veteran to | 5 | | provide additional documentation or to appear at a Secretary | 6 | | of State facility. To identify veterans who are eligible for | 7 | | this exemption, the Secretary shall compare the list of the | 8 | | persons who have been issued a decal or device to the list of | 9 | | persons who have been issued a vehicle registration plate or | 10 | | digital registration plate for veterans with disabilities | 11 | | under Section 3-609 of this Code, or who are identified as a | 12 | | veteran on their driver's license under Section 6-110 of this | 13 | | Code or on their identification card under Section 4 of the | 14 | | Illinois Identification Card Act. | 15 | | (Source: P.A. 101-395, eff. 8-16-19; 102-453, eff. 1-1-22 .)
| 16 | | (625 ILCS 5/11-1301.4) (from Ch. 95 1/2, par. 11-1301.4)
| 17 | | Sec. 11-1301.4. Reciprocal agreements with other | 18 | | jurisdictions; temporary decal. | 19 | | (a) The Secretary of State, or his designee, may enter | 20 | | into agreements
with other jurisdictions, including foreign | 21 | | jurisdictions, on behalf of
this State relating to the | 22 | | extension of parking
privileges by such jurisdictions to | 23 | | residents of this
State with disabilities who display a | 24 | | special license plate or parking device that contains
the | 25 | | International symbol of access on his or her motor vehicle, |
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| 1 | | and to
recognize such plates or devices issued by such other | 2 | | jurisdictions. This
State shall grant the same parking | 3 | | privileges which are granted to
residents of this State with | 4 | | disabilities to any non-resident whose motor vehicle is | 5 | | licensed
in another state, district, territory or foreign | 6 | | country if such vehicle
displays the International symbol of | 7 | | access or a distinguishing insignia on
license plates or | 8 | | parking device issued in accordance with the laws of the
| 9 | | non-resident's state, district, territory or foreign country.
| 10 | | (b) The Secretary may issue a one-time decal or device to | 11 | | any non-resident of this State who is a person with | 12 | | disabilities and who is displaced from another jurisdiction | 13 | | due to a national disaster as declared by the federal | 14 | | government. The person shall provide the Secretary proof that | 15 | | he or she is residing at an Illinois residence for the duration | 16 | | of his or her time in this State and proof of disability, | 17 | | including, but not limited to, a device or decal issued by | 18 | | another jurisdiction, a designation on a driver's license or | 19 | | identification card issued by another jurisdiction, or a | 20 | | medical certification by an Illinois licensed medical | 21 | | professional, as specified under Section 1-159.1 of this Code | 22 | | physician, physician assistant, or advanced practice | 23 | | registered nurse . A device or decal issued under this | 24 | | subsection (b) shall be valid for a period not to exceed 6 | 25 | | months. | 26 | | (Source: P.A. 99-143, eff. 7-27-15; 100-702, eff. 1-1-19 .)
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| 1 | | (625 ILCS 5/11-1301.5)
| 2 | | Sec. 11-1301.5. Fictitious or unlawfully altered | 3 | | disability
license plate or parking decal or device. | 4 | | (a) As used in this Section:
| 5 | | "Fictitious disability license plate or parking decal or
| 6 | | device" means any issued disability license plate or parking
| 7 | | decal
or device, or any license plate issued to a veteran with | 8 | | a disability under Section 3-609 of this Code, that has been | 9 | | issued by the Secretary of State or an authorized unit
of local | 10 | | government that was issued based upon false information | 11 | | contained on
the required application.
| 12 | | "False information" means any incorrect or inaccurate | 13 | | information
concerning
the name, date of birth, social | 14 | | security number, driver's license number, military | 15 | | identification number, Medicaid or Medicare identification | 16 | | number, medical professional
physician certification, or any | 17 | | other information required on the Persons with Disabilities | 18 | | Certification for Plate or Parking Placard, on the Application | 19 | | for Replacement Disability Parking Placard, or on the
| 20 | | application
for license plates issued to veterans with | 21 | | disabilities under Section 3-609 of this Code, that
falsifies | 22 | | the content of the application.
| 23 | | "Unlawfully altered disability
license plate or parking
| 24 | | permit or device" means any disability license plate or | 25 | | parking
permit or device, or any license plate issued to a |
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| 1 | | veteran with a disability under Section 3-609 of this Code, | 2 | | issued by the Secretary of State or an authorized unit of
local | 3 | | government that has been physically altered or changed in such | 4 | | manner
that false information appears on the license plate or | 5 | | parking decal or device.
| 6 | | "Authorized holder" means an individual issued a | 7 | | disability
license plate under Section 3-616 of this Code or | 8 | | an individual issued a parking decal or device under Section | 9 | | 11-1301.2 of this Code, or an individual issued a license | 10 | | plate for veterans with disabilities under Section 3-609 of | 11 | | this Code.
| 12 | | (b) It is a violation of this Section for any person:
| 13 | | (1) to knowingly possess any fictitious or unlawfully | 14 | | altered disability license plate or parking decal or | 15 | | device;
| 16 | | (2) to knowingly issue or assist in the issuance of, | 17 | | by the Secretary of
State or unit of local government, any | 18 | | fictitious disability
license plate or parking decal or | 19 | | device;
| 20 | | (3) to knowingly alter any disability license plate or
| 21 | | parking decal or device;
| 22 | | (4) to knowingly manufacture, possess, transfer, or | 23 | | provide any
documentation used in the application process | 24 | | whether real or fictitious, for
the purpose of obtaining a | 25 | | fictitious disability license plate or
parking decal or | 26 | | device;
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| 1 | | (5) to knowingly provide any false information to the | 2 | | Secretary of State
or a unit of local government in order | 3 | | to obtain a disability
license plate or parking decal or | 4 | | device;
| 5 | | (6) to knowingly transfer a disability license plate | 6 | | or
parking decal or device for the purpose of exercising | 7 | | the privileges granted
to an authorized holder of a | 8 | | disability
license plate or parking
decal or device under | 9 | | this Code in the absence of the authorized holder; or
| 10 | | (7) who is a licensed medical professional, as | 11 | | specified under Section 1-159.1 of this Code, physician, | 12 | | physician assistant, or advanced practice registered nurse | 13 | | to knowingly falsify a certification that a person is a | 14 | | person with disabilities as defined by Section 1-159.1 of | 15 | | this Code. | 16 | | (c) Sentence.
| 17 | | (1) Any person convicted of a violation of paragraph | 18 | | (1), (2), (3), (4), (5), or (7) of subsection (b) of this | 19 | | Section shall be guilty of
a Class A misdemeanor and fined | 20 | | not less than $1,000 for a first offense and shall be | 21 | | guilty of a Class 4 felony and fined not less than $2,000 | 22 | | for a second or subsequent offense. Any person convicted | 23 | | of a violation of subdivision (b)(6) of this Section is | 24 | | guilty of a Class A misdemeanor and shall be fined not less | 25 | | than $1,000 for a first offense and not less than $2,000 | 26 | | for a second or subsequent offense. The circuit clerk |
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| 1 | | shall distribute one-half of any fine imposed on any | 2 | | person who is found guilty of or pleads guilty to | 3 | | violating this Section, including any person placed on | 4 | | court supervision for violating this Section, to the law | 5 | | enforcement agency that issued the citation or made the | 6 | | arrest. If more than one law enforcement agency is | 7 | | responsible for issuing the citation or making the arrest, | 8 | | one-half of the fine imposed shall be shared equally.
| 9 | | (2) Any person who commits a violation of this Section | 10 | | or a similar provision of a local ordinance may have his
or | 11 | | her driving privileges suspended or revoked by the | 12 | | Secretary of State for a
period of time determined by the | 13 | | Secretary of State. The Secretary of State may suspend or | 14 | | revoke the parking decal or device or the disability | 15 | | license plate of any person who commits a violation of | 16 | | this Section.
| 17 | | (3) Any police officer may seize the parking decal or | 18 | | device from any
person who commits a violation of this | 19 | | Section. Any police officer may seize
the disability | 20 | | license plate upon authorization from the
Secretary of | 21 | | State. Any police officer may request that the Secretary | 22 | | of State
revoke the parking decal or device or the | 23 | | disability license
plate of any person who commits a | 24 | | violation of this Section.
| 25 | | (Source: P.A. 99-143, eff. 7-27-15; 100-513, eff. 1-1-18; | 26 | | 100-702, eff. 1-1-19 .)".
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