Full Text of HB0109 97th General Assembly
HB0109 97TH GENERAL ASSEMBLY |
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 HB0109 Introduced 1/12/2011, by Rep. Karen May SYNOPSIS AS INTRODUCED: |
| 625 ILCS 5/3-616 | from Ch. 95 1/2, par. 3-616 |
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Amends provisions of the Illinois Vehicle Code authorizing the Secretary of State to issue parking decals or
devices to persons with certain disabilities. Provides that the Secretary of State may issue a parking decal or device to a person who submits a statement certified by a licensed physician, an authorized physician assistant, or an authorized advanced practice nurse that the person is severely limited in his or her ability to walk due to a disease. Effective immediately.
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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 first division or for a | 10 | | motor vehicle of the second
division weighing no more than | 11 | | 8,000 pounds, accompanied with payment of the
registration fees | 12 | | required under this Code from a person with disabilities or
a | 13 | | person who is deaf or hard of hearing, the Secretary of State,
| 14 | | if so requested, shall issue to such person registration plates | 15 | | as provided for
in Section 3-611, provided that the person with | 16 | | disabilities or person who is
deaf or hard of hearing must not | 17 | | be disqualified from obtaining a driver's
license under | 18 | | subsection 8 of Section 6-103 of this Code, and further | 19 | | provided
that any person making such a request must submit a | 20 | | statement, certified by
a
licensed physician, by a physician | 21 | | assistant who has been delegated the
authority to make this | 22 | | certification by his or her supervising physician, or by
an | 23 | | 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 Disabled Person
| 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 or to a | 9 | | person who is severely limited in his or her ability to walk | 10 | | due to a disease without
regard to qualification of such person | 11 | | with disabilities for a driver's license
or registration of a | 12 | | vehicle by such person with disabilities or such person's
| 13 | | immediate family, provided such person with disabilities | 14 | | making such a request
has been issued a Disabled Person | 15 | | Identification Card indicating that the
person named thereon | 16 | | has a Class 1A or Class 2A disability, or alternatively,
| 17 | | submits a statement certified by a licensed physician, or by a | 18 | | physician
assistant or an advanced practice nurse as provided | 19 | | in subsection (a), to
the effect that such
person is a person | 20 | | with disabilities as defined by Section 1-159.1 or is a person | 21 | | who is severely limited in his or her ability to walk due to a | 22 | | disease . An optometrist may certify a Class 2A Visual | 23 | | Disability as defined in Section 4A of the Illinois | 24 | | Identification Card Act for the purpose of qualifying a person | 25 | | with disabilities for a parking decal or device under this | 26 | | subsection.
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| 1 | | (d) The Secretary shall prescribe by rules and regulations | 2 | | procedures
to certify or re-certify as necessary the | 3 | | eligibility of persons whose
disabilities are other than | 4 | | permanent for special plates or
parking decals or devices | 5 | | issued under subsections (a), (b)
and (c). Except as provided | 6 | | under subsection (f) of this Section, no
such special plates, | 7 | | decals or devices shall be issued by the Secretary of
State to | 8 | | or on behalf of any person with disabilities unless such person | 9 | | is
certified as meeting the definition of a person with | 10 | | disabilities pursuant to
Section 1-159.1 or meeting the | 11 | | requirement of a Type Four disability as
provided under Section | 12 | | 4A of the Illinois Identification Card Act for the
period of | 13 | | time that the physician, or the physician assistant or advanced
| 14 | | practice nurse as provided in
subsection (a), determines the | 15 | | applicant will have the
disability, but not to exceed 6 months | 16 | | from the date of certification or
recertification.
| 17 | | (e) Any person requesting special plates under this Section | 18 | | may also apply
to have the special plates personalized, as | 19 | | provided under Section 3-405.1.
| 20 | | (f) The Secretary of State, upon application, shall issue | 21 | | disability registration plates or a parking decal to
| 22 | | corporations, school districts, State or municipal agencies, | 23 | | limited liability
companies, nursing homes, convalescent | 24 | | homes, or special education cooperatives
which will transport | 25 | | persons with disabilities. The Secretary shall prescribe
by | 26 | | rule a means to certify or re-certify the eligibility of |
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| 1 | | organizations to
receive disability plates or decals and to | 2 | | designate which of the
2 person with disabilities emblems shall | 3 | | be placed on qualifying
vehicles.
| 4 | | (g) The Secretary of State, or his designee, may enter into
| 5 | | agreements with other jurisdictions, including foreign | 6 | | jurisdictions, on
behalf of this State relating to the | 7 | | extension of parking privileges by
such jurisdictions to | 8 | | permanently disabled residents of this State who
display a | 9 | | special license plate or parking device that contains the
| 10 | | International symbol of access on his or her motor vehicle, and | 11 | | to
recognize such plates or devices issued by such other | 12 | | jurisdictions. This
State shall grant the same parking | 13 | | privileges which are granted to disabled
residents of this | 14 | | State to any non-resident whose motor vehicle is licensed
in | 15 | | another state, district, territory or foreign country if such | 16 | | vehicle
displays the international symbol of access or a | 17 | | distinguishing insignia on
license plates or parking device | 18 | | issued in accordance with the laws of the
non-resident's state, | 19 | | district, territory or foreign country.
| 20 | | (Source: P.A. 94-619, eff. 1-1-06; 95-762, eff. 1-1-09.)
| 21 | | Section 99. Effective date. This Act takes effect upon | 22 | | becoming law.
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