Full Text of HB4653 96th General Assembly
HB4653 96TH GENERAL ASSEMBLY
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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 HB4653
Introduced , by Rep. Suzanne Bassi SYNOPSIS AS INTRODUCED: |
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625 ILCS 5/3-412 |
from Ch. 95 1/2, par. 3-412 |
625 ILCS 5/12-503 |
from Ch. 95 1/2, par. 12-503 |
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Amends the Illinois Vehicle Code to provide that a person may drive a motor vehicle with a nonreflective material tinted film that does not allow less than 50% light transmittance (or less than 35% light transmittance if the windows to the rear of the driver already have certain window treatment applied) upon the side windows immediately adjacent to each side of the driver. Deletes a front windshield exemption for persons afflicted with or suffering from a medical illness, ailment, or disease. Deletes an exemption to certain window obstruction provisions for motor vehicles manufactured prior to January 1, 1982. Provides that is a petty offense for a first offense and a Class C misdemeanor for a second offense for an installer to install window treatment on motor vehicles that do not have specified license plates or stickers. Effective immediately.
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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY | |
FISCAL NOTE ACT MAY APPLY |
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A BILL FOR
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HB4653 |
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LRB096 15102 AJT 30133 b |
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| AN ACT concerning transportation.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Illinois Vehicle Code is amended by changing | 5 |
| Sections 3-412 and 12-503 as follows:
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| (625 ILCS 5/3-412) (from Ch. 95 1/2, par. 3-412)
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| Sec. 3-412. Registration plates and registration stickers | 8 |
| to be
furnished by the Secretary of State. | 9 |
| (a) The Secretary of State upon registering a vehicle | 10 |
| subject to annual
registration for the first time shall issue | 11 |
| or shall cause to be issued to the
owner one registration plate | 12 |
| for a motorcycle, trailer, semitrailer, motorized
pedalcycle | 13 |
| or truck-tractor, 2 registration plates for other motor | 14 |
| vehicles
and, where applicable, current registration stickers | 15 |
| for motor vehicles of the
first division. The provisions of | 16 |
| this Section may be made applicable to such
vehicles of the | 17 |
| second division, as the Secretary of State may, from time to
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| time, in his discretion designate. On subsequent annual | 19 |
| registrations
during the term of the registration plate as | 20 |
| provided in Section 3-414.1, the
Secretary shall issue or cause | 21 |
| to be issued registration stickers as evidence
of current | 22 |
| registration. However, the issuance of annual registration | 23 |
| stickers
to vehicles registered under the provisions of |
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HB4653 |
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LRB096 15102 AJT 30133 b |
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| Sections 3-402.1 and 3-405.3 of
this Code may not be required | 2 |
| if the Secretary deems the issuance unnecessary.
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| (b) Every registration plate shall have displayed upon it | 4 |
| the registration
number assigned to the vehicle for which it is | 5 |
| issued, the name of this State,
which may be abbreviated, the | 6 |
| year number for which it was issued, which may
be abbreviated, | 7 |
| the phrase "Land of Lincoln" (except as otherwise provided in
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| this Code), and such other letters or numbers as the Secretary
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| may prescribe. However, for apportionment plates issued to | 10 |
| vehicles registered
under Section 3-402.1 and fleet plates | 11 |
| issued to vehicles registered under
Section 3-405.3, the phrase | 12 |
| "Land of Lincoln" may be omitted to allow for
the word | 13 |
| "apportioned", the word "fleet", or other similar language to | 14 |
| be
displayed. Registration plates issued to a vehicle | 15 |
| registered as a fleet
vehicle may display a designation | 16 |
| determined by the Secretary.
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| The Secretary may in his discretion prescribe
that letters | 18 |
| be used as prefixes only on registration plates issued to | 19 |
| vehicles
of the first division which are registered under this | 20 |
| Code and only as suffixes
on registration plates issued to | 21 |
| other vehicles. Every registration sticker
issued as evidence | 22 |
| of current registration shall designate the year number
for | 23 |
| which it is issued and such other letters or numbers as the | 24 |
| Secretary may
prescribe and shall be of a contrasting color | 25 |
| with the registration plates and
registration stickers of the | 26 |
| previous year.
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LRB096 15102 AJT 30133 b |
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| (c) Each registration plate and the required letters and | 2 |
| numerals thereon,
except the year number for which issued, | 3 |
| shall be of sufficient size to be
plainly readable from a | 4 |
| distance of 100 feet during daylight, and shall be
coated with | 5 |
| reflectorizing material. The dimensions of the plate issued to
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| vehicles of the first division shall be 6 by 12 inches.
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| (d) The Secretary of State shall issue for every passenger | 8 |
| motor vehicle
rented without a driver the same type of | 9 |
| registration plates as the type of
plates issued for a private | 10 |
| passenger vehicle.
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| (e) The Secretary of State shall issue for every passenger
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| car used as a taxicab or livery, distinctive registration | 13 |
| plates.
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| (f) The Secretary of State shall issue for every motorcycle
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| distinctive registration plates distinguishing between
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| motorcycles having 150 or more cubic centimeters piston
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| displacement, or having less than 150 cubic centimeter
piston | 18 |
| displacement.
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| (g) Registration plates issued to vehicles for-hire may
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| display a designation as determined by the Secretary that
such | 21 |
| vehicles are for-hire.
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| (h) The Secretary of State shall issue distinctive | 23 |
| registration plates for electric vehicles.
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| (i) The Secretary of State shall issue for every public and | 25 |
| private
ambulance registration plates identifying the vehicle | 26 |
| as an ambulance.
The Secretary shall forward to the Department |
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| of Healthcare and Family Services registration
information for | 2 |
| the purpose of verification of claims filed with the
Department | 3 |
| by ambulance owners for payment for services to public | 4 |
| assistance
recipients.
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| (j) The Secretary of State shall issue for every public and | 6 |
| private
medical carrier or rescue vehicle livery registration | 7 |
| plates displaying
numbers within ranges of numbers reserved | 8 |
| respectively for medical carriers
and rescue vehicles. The | 9 |
| Secretary shall forward to the Department of Healthcare and | 10 |
| Family Services registration information for the purpose of | 11 |
| verification of claims filed
with the Department by owners of | 12 |
| medical carriers or rescue vehicles for
payment for services to | 13 |
| public assistance recipients.
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| (k) The Secretary of State shall issue distinctive license | 15 |
| plates or distinctive license plate stickers for every vehicle | 16 |
| exempted from subsections subsection (a) and (a-3) of Section | 17 |
| 12-503 by subsection (g) of that Section, and by subsection | 18 |
| (g-5) of that Section before its deletion by this amendatory | 19 |
| Act of the 95th General Assembly. The Secretary shall issue | 20 |
| these plates or stickers immediately upon receiving the | 21 |
| physician's certification required under subsection (g) of | 22 |
| Section 12-503. New plates or stickers shall also be issued | 23 |
| when the certification is renewed as provided in that | 24 |
| subsection.
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| (Source: P.A. 94-239, eff. 1-1-06; 94-564, eff. 8-12-05; | 26 |
| 95-202, eff. 8-16-07; 95-331, eff. 8-21-07.)
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LRB096 15102 AJT 30133 b |
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| (625 ILCS 5/12-503) (from Ch. 95 1/2, par. 12-503)
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| Sec. 12-503. Windshields must be unobstructed and equipped | 3 |
| with wipers.
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| (a) No person shall drive a motor vehicle with any sign, | 5 |
| poster, window
application, reflective material, nonreflective | 6 |
| material or tinted film
upon the front windshield, except that | 7 |
| a sidewings or side windows immediately adjacent
to each side | 8 |
| of the driver. A nonreflective tinted film may be used along
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| the uppermost portion of the windshield if such material does | 10 |
| not extend
more than 6 inches down from the top of the | 11 |
| windshield. Nothing in this
Section shall create a cause of | 12 |
| action on behalf of a buyer against a
dealer or manufacturer | 13 |
| who sells a motor vehicle with a window which is in
violation | 14 |
| of this Section.
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| (a-3) No window treatment or tinting shall be applied to | 16 |
| the windows immediately adjacent to each side of the driver, | 17 |
| except: | 18 |
| (1) on vehicles where none of the windows to the rear | 19 |
| of the driver's seat are treated in a manner that allows | 20 |
| less than 30% light transmittance, a nonreflective tinted | 21 |
| film that allows at least 50% light transmittance, with a | 22 |
| 5% variance observed by any law enforcement official | 23 |
| metering the light transmittance, may be used on the side | 24 |
| windows immediately adjacent to each side of the driver; | 25 |
| (2) on vehicles where none of the windows to the rear |
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| of the driver's seat are treated in a manner that allows | 2 |
| less than 35% light transmittance, a nonreflective tinted | 3 |
| film that allows at least 35% light transmittance, with a | 4 |
| 5% variance observed by any law enforcement official | 5 |
| metering the light transmittance, may be used on the side | 6 |
| windows immediately adjacent to each side of the driver; or | 7 |
| (3) on vehicles where a nonreflective smoked or tinted | 8 |
| film or glass that was originally applied or installed by | 9 |
| the manufacturer on the windows to the rear of the driver's | 10 |
| seat, a nonreflective tint that allows at least 50% light | 11 |
| transmittance, with a 5% variance observed by a law | 12 |
| enforcement official metering the light transmittance, may | 13 |
| be used on the side windows immediately adjacent to each | 14 |
| side of the driver. | 15 |
| (a-5) No person shall install or repair any material | 16 |
| prohibited by subsection (a) or (a-3) of this Section. | 17 |
| (1) Nothing in this subsection shall prohibit a person | 18 |
| from removing or altering any material prohibited by | 19 |
| subsection (a) to make a motor vehicle comply with the | 20 |
| requirements of this Section. | 21 |
| (2) Nothing in this subsection shall prohibit a person | 22 |
| from installing window treatment for a person with a | 23 |
| medical condition described in subsection (g) of this | 24 |
| Section. An installer who installs window treatment for a | 25 |
| person with a medical condition described in subsection (g) | 26 |
| must obtain a copy of the certified statement or letter |
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LRB096 15102 AJT 30133 b |
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| written by a physician described in subsection (g) from the | 2 |
| person with the medical condition prior to installing the | 3 |
| window treatment. The copy of the certified statement or | 4 |
| letter must be kept in the installer's permanent records. | 5 |
| (b) On motor vehicles where window treatment has not been | 6 |
| applied to the windows immediately adjacent to each side of the | 7 |
| driver, Nothing contained in this Section shall prohibit the | 8 |
| use of
a nonreflective, smoked or tinted glass, nonreflective | 9 |
| film, perforated
window screen or other decorative window | 10 |
| application on windows to the rear
of the driver's seat shall | 11 |
| be allowed , except that any motor vehicle with a window to the
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| rear of the driver's seat treated in this manner shall be | 13 |
| equipped with a
side mirror on each side of the motor vehicle | 14 |
| which are in conformance with
Section 12-502.
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| (c) No person shall drive a motor vehicle with any objects | 16 |
| placed or
suspended between the driver and the front | 17 |
| windshield, rear
window, side wings or side windows immediately | 18 |
| adjacent to each side of
the driver which materially obstructs | 19 |
| the driver's view.
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| (d) Every motor vehicle, except motorcycles, shall be | 21 |
| equipped with a
device, controlled by the driver, for cleaning | 22 |
| rain, snow, moisture or other
obstructions from the windshield; | 23 |
| and no person shall drive a motor vehicle
with snow, ice, | 24 |
| moisture or other material on any of the windows or
mirrors, | 25 |
| which materially obstructs the driver's clear view of the | 26 |
| highway.
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| (e) No person shall drive a motor vehicle when the | 2 |
| windshield, side or
rear windows are in such defective | 3 |
| condition or repair as to materially
impair the driver's view | 4 |
| to the front, side or rear. A vehicle equipped
with a side | 5 |
| mirror on each side of the vehicle which are in conformance
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| with Section 12-502 will be deemed to be in compliance in the | 7 |
| event the
rear window of the vehicle is materially obscured.
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| (f) Paragraphs (a) , (a-3), and (b) of this Section shall | 9 |
| not apply to:
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| (1) (Blank). motor vehicles manufactured prior to | 11 |
| January 1, 1982; or
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| (2) to those motor vehicles properly registered in | 13 |
| another jurisdiction.
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| (g) Paragraphs Paragraph (a) and (a-3) of this Section | 15 |
| shall not apply to any motor vehicle with
a window treatment, | 16 |
| including but not limited to a window application,
reflective | 17 |
| material, nonreflective material, or tinted film, applied or | 18 |
| affixed
to a motor vehicle for which distinctive license plates | 19 |
| or license plate stickers have been issued pursuant to | 20 |
| subsection (k) of Section 3-412 of this Code, and which that :
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| (1) is owned and operated by a person afflicted with or | 22 |
| suffering
from a medical illness, ailment, or disease, | 23 |
| including but not limited to systemic or discoid lupus | 24 |
| erythematosus, disseminated superficial actinic | 25 |
| porokeratosis, or albinism, which would require that | 26 |
| person
to be shielded from the direct rays of the sun; or
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| (2) is used in transporting a person when the person
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| resides at
the same address as the registered owner of the | 3 |
| vehicle and the
person is
afflicted with or suffering from | 4 |
| a medical illness, ailment or disease
which would require | 5 |
| the person to be shielded from the direct rays
of the
sun, | 6 |
| including but not limited to systemic or discoid lupus | 7 |
| erythematosus, disseminated superficial actinic | 8 |
| porokeratosis, or albinism.
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| The owner must obtain a certified statement or letter | 10 |
| written by a physician licensed to practice medicine in
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| Illinois that such person owning and operating or being | 12 |
| transported in a motor
vehicle is afflicted with or suffers | 13 |
| from such illness, ailment, or disease, including but not | 14 |
| limited to systemic or discoid lupus erythematosus, | 15 |
| disseminated superficial actinic porokeratosis, or | 16 |
| albinism . However, no exemption from the requirements of | 17 |
| subsection (a-5) shall be granted for any condition, such | 18 |
| as light sensitivity, for which protection from the direct | 19 |
| rays of the sun can be adequately obtained by the use of | 20 |
| sunglasses or other eye protective devices. | 21 |
| Such , and
such certification must be carried in the | 22 |
| motor vehicle at all times. The
certification shall be | 23 |
| legible and shall contain the date of issuance, the
name, | 24 |
| address and signature of the attending physician, and the | 25 |
| name, address,
and medical condition of the person | 26 |
| requiring exemption. The information on
the certificate |
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| for a window treatment must remain current and shall be | 2 |
| renewed
annually by the attending physician. The owner | 3 |
| shall also submit a copy of the certification to
the | 4 |
| Secretary of
State. The Secretary of State may forward | 5 |
| notice of certification to law
enforcement agencies.
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| (g-5) (Blank). | 7 |
| (g-7) Installers shall only install window treatment | 8 |
| authorized by subsection (g) on motor vehicles for which | 9 |
| distinctive plates or license plate stickers have been issued | 10 |
| pursuant to subsection (k) of Section 3-412 of this Code. The | 11 |
| distinctive license plates or plate sticker must be on the | 12 |
| motor vehicle at the time of window treatment installation. | 13 |
| (h) Paragraph (a) of this Section shall not apply to motor | 14 |
| vehicle
stickers or other certificates issued by State or local | 15 |
| authorities which
are required to be displayed upon motor | 16 |
| vehicle windows to evidence
compliance with requirements | 17 |
| concerning motor vehicles.
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| (i) (Blank). Those motor vehicles exempted under paragraph | 19 |
| (f)(1) of this Section
shall not cause their windows to be | 20 |
| treated as described in paragraph (a) after
January 1, 1993.
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| (j) A person found guilty of violating paragraphs (a), | 22 |
| (a-3), (a-5), (b), or (g-7) (i) of this
Section shall be guilty | 23 |
| of a petty offense and fined no less than $50 nor more
than | 24 |
| $500. A second or subsequent violation of paragraphs (a), | 25 |
| (a-3), (a-5), (b), or (g-7) (i) of
this Section shall be | 26 |
| treated as a Class C misdemeanor and the violator fined
no less |
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| than $100 nor more than $500. Any person convicted under | 2 |
| paragraphs
(a), (a-3) or (b) , or (i) of this Section shall be | 3 |
| ordered to alter any
nonconforming windows into compliance with | 4 |
| this Section. | 5 |
| (k) The Secretary of State shall provide a notice of the | 6 |
| requirements of this Section to a new resident applying for | 7 |
| vehicle registration in this State pursuant to Section 3-801 of | 8 |
| this Code. The Secretary of State may comply with this | 9 |
| subsection by posting the requirements of this Section on the | 10 |
| Secretary of State's website.
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| (l) Nothing in this
Section shall create a cause of action | 12 |
| on behalf of a buyer against a
vehicle dealer or manufacturer | 13 |
| who sells a motor vehicle with a window which is in
violation | 14 |
| of this Section. | 15 |
| (Source: P.A. 95-202, eff. 8-16-07; 96-530, eff. 1-1-10.)
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| Section 95. No acceleration or delay. Where this Act makes | 17 |
| changes in a statute that is represented in this Act by text | 18 |
| that is not yet or no longer in effect (for example, a Section | 19 |
| represented by multiple versions), the use of that text does | 20 |
| not accelerate or delay the taking effect of (i) the changes | 21 |
| made by this Act or (ii) provisions derived from any other | 22 |
| Public Act.
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| Section 99. Effective date. This Act takes effect upon | 24 |
| becoming law. |
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