Full Text of HB5213 094th General Assembly
HB5213 94TH GENERAL ASSEMBLY
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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 HB5213
Introduced 01/24/06, by Rep. Careen M Gordon SYNOPSIS AS INTRODUCED: |
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625 ILCS 5/3-616 |
from Ch. 95 1/2, par. 3-616 |
625 ILCS 5/11-209 |
from Ch. 95 1/2, par. 11-209 |
625 ILCS 5/11-1301.1 |
from Ch. 95 1/2, par. 11-1301.1 |
625 ILCS 5/11-1301.3 |
from Ch. 95 1/2, par. 11-1301.3 |
625 ILCS 5/11-1301.4 |
from Ch. 95 1/2, par. 11-1301.4 |
625 ILCS 5/11-1301.5 |
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625 ILCS 5/11-1301.6 |
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815 ILCS 365/2 |
from Ch. 121 1/2, par. 1502 |
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Amends the Illinois Vehicle Code. Provides that a licensed physician or qualified physician assistant or advanced practice nurse, if he or she certifies that an applicant is eligible for disability license plates or a disability parking decal or device, may issue that applicant a temporary disability parking pass, which the applicant may use for 30 days or until he or she receives disability parking plates or a disability parking decal or device, whichever is earlier. Provides that the Secretary of State shall issue these temporary parking passes to licensed physicians and qualified physician assistants and advanced practice nurses upon request and without charge and shall adopt rules for implementing the provision. Makes corresponding changes in other provisions of the Vehicle Code and the Motor Fuel Sales Act. Provides that it is a violation of the Code to possess, issue, manufacture, or transfer a fictitious or fraudulent temporary disability parking pass or to alter a temporary pass or to provide false information to obtain a pass. Imposes the same penalties as apply to fictitious or fraudulent disability license plates and parking devices.
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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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HB5213 |
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LRB094 17078 DRH 52360 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 3-616, 11-209, 11-1301.1, 11-1301.3, 11-1301.4, | 6 |
| 11-1301.5, and 11-1301.6 as follows:
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| (625 ILCS 5/3-616) (from Ch. 95 1/2, par. 3-616)
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| Sec. 3-616. Disability license plates ; temporary parking | 9 |
| pass .
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| (a) Upon receiving an application for a certificate of | 11 |
| registration for
a motor vehicle of the first division or for a | 12 |
| motor vehicle of the second
division weighing no more than | 13 |
| 8,000 pounds, accompanied with payment of the
registration fees | 14 |
| required under this Code from a person with disabilities or
a | 15 |
| person who is deaf or hard of hearing, the Secretary of State,
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| if so requested, shall issue to such person registration plates | 17 |
| as provided for
in Section 3-611, provided that the person with | 18 |
| disabilities or person who is
deaf or hard of hearing must not | 19 |
| be disqualified from obtaining a driver's
license under | 20 |
| subsection 8 of Section 6-103 of this Code, and further | 21 |
| provided
that any person making such a request must submit a | 22 |
| statement, certified by
a
licensed physician, by a physician | 23 |
| assistant who has been delegated the
authority to make this | 24 |
| certification by his or her supervising physician, or by
an | 25 |
| advanced practice nurse who has a written collaborative | 26 |
| agreement with a
collaborating physician that authorizes the | 27 |
| advanced practice nurse to make
this certification, to
the | 28 |
| effect that such person is a person with disabilities
as | 29 |
| defined by Section 1-159.1 of this Code, or alternatively | 30 |
| provide adequate
documentation that such person has a Class 1A, | 31 |
| Class 2A or Type Four
disability under the provisions of | 32 |
| Section 4A of the Illinois Identification
Card Act. For |
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| purposes of this Section, an Illinois Disabled Person
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| Identification Card issued pursuant to the Illinois | 3 |
| Identification Card Act
indicating that the person thereon | 4 |
| named has a disability shall be adequate
documentation of such | 5 |
| a disability.
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| (b) The Secretary shall issue plates under this Section to | 7 |
| a parent or
legal guardian of a person with disabilities if the | 8 |
| person with disabilities
has a Class 1A or Class 2A disability | 9 |
| as defined in Section 4A of the Illinois
Identification Card | 10 |
| Act or is a person with disabilities as defined by Section
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| 1-159.1 of this Code, and does not possess a vehicle registered | 12 |
| in his or her
name, provided that the person with disabilities | 13 |
| relies frequently on the
parent or legal guardian for | 14 |
| transportation. Only one vehicle per family
may be registered | 15 |
| under this subsection, unless the applicant can justify in
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| writing the need for one additional set of plates. Any person | 17 |
| requesting
special plates under this subsection shall submit | 18 |
| such documentation or such
physician's, physician assistant's, | 19 |
| or advanced practice nurse's
statement as is required in | 20 |
| subsection
(a) and a statement
describing the circumstances | 21 |
| qualifying for issuance of special plates under
this | 22 |
| subsection.
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| (c) The Secretary may issue a
parking decal or
device to a | 24 |
| person with disabilities as defined by Section 1-159.1 without
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| regard to qualification of such person with disabilities for a | 26 |
| driver's license
or registration of a vehicle by such person | 27 |
| with disabilities or such person's
immediate family, provided | 28 |
| such person with disabilities making such a request
has been | 29 |
| issued a Disabled Person Identification Card indicating that | 30 |
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person named thereon has a Class 1A or Class 2A disability, | 31 |
| or alternatively,
submits a statement certified by a licensed | 32 |
| physician, or by a physician
assistant or an advanced practice | 33 |
| nurse as provided in subsection (a), to
the effect that such
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| person is a person with disabilities as defined by Section | 35 |
| 1-159.1.
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| (c-5) A licensed physician, or a physician assistant or |
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| advanced practice nurse as provided in subsection (a), when he | 2 |
| or she certifies a statement that a person is a person with | 3 |
| disabilities as defined in Section 1-159.1 of this Code, may | 4 |
| issue that person a temporary disability parking pass, which | 5 |
| shall be provided by the Secretary of State and signed and | 6 |
| dated by the physician, physician assistant, or advanced | 7 |
| practice nurse. A person issued a temporary parking pass under | 8 |
| this subsection (c-5) may use the pass for 30 days or until he | 9 |
| or she receives disability license plates or a disability | 10 |
| parking decal or device under this Section or Section | 11 |
| 11-1301.2, whichever is earlier. The Secretary shall provide | 12 |
| these temporary passes to any licensed physician, and to a | 13 |
| physician assistant or advanced practice nurse as provided in | 14 |
| subsection (a), upon request and without charge. The Secretary | 15 |
| shall adopt rules for implementing this subsection (c-5).
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| (d) The Secretary shall prescribe by rules and regulations | 17 |
| procedures
to certify or re-certify as necessary the | 18 |
| eligibility of persons whose
disabilities are other than | 19 |
| permanent for special plates or
parking decals or devices | 20 |
| issued under subsections (a), (b)
and (c). Except as provided | 21 |
| under subsection (f) of this Section, no
such special plates, | 22 |
| decals or devices shall be issued by the Secretary of
State to | 23 |
| or on behalf of any person with disabilities unless such person | 24 |
| is
certified as meeting the definition of a person with | 25 |
| disabilities pursuant to
Section 1-159.1 or meeting the | 26 |
| requirement of a Type Four disability as
provided under Section | 27 |
| 4A of the Illinois Identification Card Act for the
period of | 28 |
| time that the physician, or the physician assistant or advanced
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| practice nurse as provided in
subsection (a), determines the | 30 |
| applicant will have the
disability, but not to exceed 6 months | 31 |
| from the date of certification or
recertification.
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| (e) Any person requesting special plates under this Section | 33 |
| may also apply
to have the special plates personalized, as | 34 |
| provided under Section 3-405.1.
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| (f) The Secretary of State, upon application, shall issue | 36 |
| disability registration plates or a parking decal to
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| corporations, school districts, State or municipal agencies, | 2 |
| limited liability
companies, nursing homes, convalescent | 3 |
| homes, or special education cooperatives
which will transport | 4 |
| persons with disabilities. The Secretary shall prescribe
by | 5 |
| rule a means to certify or re-certify the eligibility of | 6 |
| organizations to
receive disability plates or decals and to | 7 |
| designate which of the
2 person with disabilities emblems shall | 8 |
| be placed on qualifying
vehicles.
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| (g) The Secretary of State, or his designee, may enter into
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| agreements with other jurisdictions, including foreign | 11 |
| jurisdictions, on
behalf of this State relating to the | 12 |
| extension of parking privileges by
such jurisdictions to | 13 |
| permanently disabled residents of this State who
display a | 14 |
| special license plate or parking device or temporary parking | 15 |
| pass that contains the
International symbol of access on his or | 16 |
| her motor vehicle, and to
recognize such plates ,
or devices , or | 17 |
| passes issued by such other jurisdictions. This
State shall | 18 |
| grant the same parking privileges which are granted to disabled
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| residents of this State to any non-resident whose motor vehicle | 20 |
| is licensed
in another state, district, territory or foreign | 21 |
| country if such vehicle
displays the international symbol of | 22 |
| access or a distinguishing insignia on
license plates or a
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| parking device or temporary parking pass issued in accordance | 24 |
| with the laws of the
non-resident's state, district, territory | 25 |
| or foreign country.
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| (Source: P.A. 93-182, eff. 7-11-03; 94-619, eff. 1-1-06.)
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| (625 ILCS 5/11-209) (from Ch. 95 1/2, par. 11-209)
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| Sec. 11-209. Powers of municipalities and counties - | 29 |
| Contract with
school boards, hospitals, churches, condominium | 30 |
| complex unit owners'
associations, and commercial and | 31 |
| industrial facility, shopping center,
and apartment complex | 32 |
| owners for regulation of traffic.
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| (a) The corporate authorities of any municipality or the | 34 |
| county
board of any county, and a school board, hospital, | 35 |
| church, condominium
complex unit owners' association, or owner |
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| of any
commercial and industrial facility,
shopping center, or | 2 |
| apartment complex which controls a parking area
located within | 3 |
| the limits of the municipality, or outside the limits of
the | 4 |
| municipality and within the boundaries of the county, may, by
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| contract, empower the municipality or county to regulate the | 6 |
| parking of
automobiles and the traffic at such parking area. | 7 |
| Such contract shall
empower the municipality or county to | 8 |
| accomplish all or any part of the
following:
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| 1. The erection of stop signs, flashing signals, person | 10 |
| with
disabilities parking area signs or yield signs at
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| specified locations in a parking area and the adoption of | 12 |
| appropriate
regulations thereto pertaining, or the | 13 |
| designation of any intersection
in the parking area as a | 14 |
| stop intersection or as a yield intersection
and the | 15 |
| ordering of like signs or signals at one or more entrances | 16 |
| to
such intersection, subject to the provisions of this | 17 |
| Chapter.
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| 2. The prohibition or regulation of the turning of | 19 |
| vehicles or
specified types of vehicles at intersections or | 20 |
| other designated
locations in the parking area.
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| 3. The regulation of a crossing of any roadway in the | 22 |
| parking area
by pedestrians.
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| 4. The designation of any separate roadway in the | 24 |
| parking area for
one-way traffic.
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| 5. The establishment and regulation of loading zones.
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| 6. The prohibition, regulation, restriction or | 27 |
| limitation of the
stopping, standing or parking of vehicles | 28 |
| in specified areas of the
parking area.
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| 7. The designation of safety zones in the parking area | 30 |
| and fire lanes.
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| 8. Providing for the removal and storage of vehicles | 32 |
| parked or
abandoned in the parking area during snowstorms, | 33 |
| floods, fires, or other
public emergencies, or found | 34 |
| unattended in the parking area, (a) where
they constitute | 35 |
| an obstruction to traffic, or (b) where stopping,
standing | 36 |
| or parking is prohibited, and for the payment of reasonable
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| charges for such removal and storage by the owner or | 2 |
| operator of any
such vehicle.
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| 9. Providing that the cost of planning, installation, | 4 |
| maintenance
and enforcement of parking and traffic | 5 |
| regulations pursuant to any
contract entered into under the | 6 |
| authority of this paragraph (a) of this
Section be borne by | 7 |
| the municipality or county, or by the school board,
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| hospital, church, property owner, apartment complex owner,
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| or condominium complex unit owners' association,
or that a
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| percentage of the cost be shared by the parties to the | 11 |
| contract.
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| 10. Causing the installation of parking meters on the | 13 |
| parking area
and establishing whether the expense of | 14 |
| installing said parking meters
and maintenance thereof | 15 |
| shall be that of the municipality or county, or
that of the | 16 |
| school board, hospital, church, condominium complex unit | 17 |
| owners'
association, shopping center or
apartment complex | 18 |
| owner.
All moneys obtained from such parking meters as may | 19 |
| be
installed on any parking area shall belong to the | 20 |
| municipality or county.
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| 11. Causing the installation of parking signs in | 22 |
| accordance with
Section 11-301 in areas of the parking lots | 23 |
| covered by this Section and
where desired by the person | 24 |
| contracting with the appropriate authority
listed in | 25 |
| paragraph (a) of this Section, indicating that such parking
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| spaces are reserved for persons with disabilities.
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| 12. Contracting for such additional reasonable rules | 28 |
| and regulations
with respect to traffic and parking in a | 29 |
| parking area as local
conditions may require for the safety | 30 |
| and convenience of the public or
of the users of the | 31 |
| parking area.
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| (b) No contract entered into pursuant to this Section shall | 33 |
| exceed a
period of 20 years. No lessee of a shopping center or | 34 |
| apartment complex
shall enter into such a contract for a longer | 35 |
| period of time than the
length of his lease.
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| (c) Any contract entered into pursuant to this Section |
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| shall be
recorded in the office of the recorder in the county | 2 |
| in which
the parking area is located, and no regulation made | 3 |
| pursuant to the
contract shall be effective or enforceable | 4 |
| until 3 days after the
contract is so recorded.
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| (d) At such time as parking and traffic regulations have | 6 |
| been
established at any parking area pursuant to the contract | 7 |
| as provided for
in this Section, then it shall be a petty | 8 |
| offense for any person to do
any act forbidden or to fail to | 9 |
| perform any act required by such parking
or traffic regulation. | 10 |
| If the violation is the parking in a parking space
reserved for | 11 |
| persons with disabilities under paragraph (11) of this Section, | 12 |
| by
a person without special registration plates issued to a | 13 |
| person with
disabilities, as defined by Section 1-159.1, | 14 |
| pursuant to Section
3-616 of this Code, or to a disabled | 15 |
| veteran pursuant to Section 3-609 of
this Code, and without a | 16 |
| valid temporary disability parking pass issued under Section | 17 |
| 3-616, the local police of the contracting corporate municipal
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| authorities shall issue a parking ticket to such parking | 19 |
| violator and issue
a fine in accordance with Section 11-1301.3.
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| (e) The term "shopping center", as used in this Section, | 21 |
| means
premises having one or more stores or business | 22 |
| establishments in
connection with which there is provided on | 23 |
| privately-owned property near
or contiguous thereto an area, or | 24 |
| areas, of land used by the public as
the means of access to and | 25 |
| egress from the stores and business
establishments on such | 26 |
| premises and for the parking of motor vehicles of
customers and | 27 |
| patrons of such stores and business establishments on such
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| premises.
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| (f) The term "parking area", as used in this Section, means | 30 |
| an area,
or areas, of land near or contiguous to a school, | 31 |
| church, or hospital
building, shopping center, apartment | 32 |
| complex, or condominium
complex,
but not the public highways or | 33 |
| alleys, and used by
the public as the means of access to and | 34 |
| egress from such buildings and
the stores and business | 35 |
| establishments at a shopping center and for the
parking of | 36 |
| motor vehicles.
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| (g) The terms "owner", "property owner", "shopping center | 2 |
| owner",
and "apartment complex owner",
as used in this Section, | 3 |
| mean the actual
legal owner of the shopping center parking area | 4 |
| or apartment
complex,
the trust officer of a banking | 5 |
| institution having the right to manage
and control such | 6 |
| property, or a person having the legal right, through
lease or | 7 |
| otherwise, to manage or control the property.
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| (g-5) The term "condominium complex unit owners' | 9 |
| association", as used in
this Section, means a "unit owners' | 10 |
| association" as defined in Section 2 of the
Condominium | 11 |
| Property Act.
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| (h) The term "fire lane", as used in this Section, means | 13 |
| travel
lanes for the fire fighting equipment upon which there | 14 |
| shall be no
standing or parking of any motor vehicle at any | 15 |
| time so that fire
fighting equipment can move freely thereon.
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| (i) The term "apartment complex", as used in this Section, | 17 |
| means
premises having one or more apartments in connection with | 18 |
| which there is
provided on privately-owned property near or | 19 |
| contiguous thereto an area,
or areas, of land used by occupants | 20 |
| of such apartments or their guests
as a means of access to and | 21 |
| egress from such apartments or for the
parking of motor | 22 |
| vehicles of such occupants or their guests.
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| (j) The term "condominium complex", as used in this | 24 |
| Section, means
the units, common elements, and limited common | 25 |
| elements that are located on the
parcels, as those terms are | 26 |
| defined in Section 2 of the Condominium Property
Act.
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| (k) The term "commercial and industrial facility", as used | 28 |
| in this
Section, means a premises containing one or more | 29 |
| commercial and industrial
facility establishments in | 30 |
| connection with which there is
provided on
privately-owned | 31 |
| property near or contiguous to the premises an area or areas of
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| land used by the public as the means of access to and egress | 33 |
| from the
commercial and industrial facility establishment on | 34 |
| the premises and for the
parking of motor vehicles of | 35 |
| customers, patrons, and employees of the
commercial and | 36 |
| industrial facility establishment on the premises.
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| (l) The provisions of this Section shall not be deemed to
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| prevent local
authorities from enforcing, on private property, | 3 |
| local ordinances imposing
fines, in accordance with Section | 4 |
| 11-1301.3, as penalties for use of any
parking
place reserved | 5 |
| for persons with disabilities, as defined by Section 1-159.1, | 6 |
| or
disabled veterans by any person using a motor vehicle not | 7 |
| bearing registration
plates specified in Section 11-1301.1 ,
or
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| a special decal or device as defined
in Section 11-1301.2 , or a | 9 |
| temporary parking pass issued under Section 3-616 as evidence | 10 |
| that the vehicle is operated by or for a
person with | 11 |
| disabilities or disabled veteran.
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| This amendatory Act of 1972 is not a prohibition upon the | 13 |
| contractual
and associational powers granted by Article VII, | 14 |
| Section 10 of the
Illinois Constitution.
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| (Source: P.A. 89-551, eff. 1-1-97; 90-106, eff. 1-1-98; 90-145, | 16 |
| eff. 1-1-98;
90-481, eff. 8-17-97; 90-655, eff. 7-30-98.)
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| (625 ILCS 5/11-1301.1) (from Ch. 95 1/2, par. 11-1301.1)
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| Sec. 11-1301.1. Persons with disabilities - Parking | 19 |
| privileges - Exemptions. A motor vehicle bearing registration | 20 |
| plates issued to a person with
disabilities, as defined by | 21 |
| Section 1-159.1, pursuant to Section 3-616 , or to a
disabled | 22 |
| veteran pursuant to Section 3-609 , or a special decal or device | 23 |
| issued
pursuant to Section 3-616 or pursuant to Section | 24 |
| 11-1301.2 of this Code , or a temporary parking pass issued | 25 |
| under Section 3-616, or a
motor vehicle registered in another | 26 |
| jurisdiction, state, district, territory or
foreign country | 27 |
| upon which is displayed a registration plate, special decal or
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| device issued by the other jurisdiction designating the vehicle | 29 |
| is operated by
or for a person with disabilities shall be | 30 |
| exempt from the payment of parking
meter fees and exempt from | 31 |
| any statute or ordinance imposing time limitations
on parking, | 32 |
| except limitations of one-half hour or less, on any street or
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| highway zone, or any parking lot or parking place which
are | 34 |
| owned, leased or owned and leased by a municipality or a | 35 |
| municipal
parking utility; and shall be recognized by state and |
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| local authorities
as a valid license plate or parking device | 2 |
| and shall receive the same
parking privileges as residents of | 3 |
| this State; but, such vehicle shall be
subject to the laws | 4 |
| which prohibit parking in "no stopping" and "no
standing" zones | 5 |
| in front of or near fire hydrants, driveways, public
building | 6 |
| entrances and exits, bus stops and loading areas, and is
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| prohibited from parking where the motor vehicle constitutes a | 8 |
| traffic
hazard, whereby such motor vehicle shall be moved at | 9 |
| the instruction and
request of a law enforcement officer to a | 10 |
| location designated by the
officer. Any motor vehicle bearing | 11 |
| registration plates or a special decal
or device or temporary | 12 |
| pass specified in this Section or in Section 3-616 of this Code | 13 |
| or
such parking device as specifically authorized in Section | 14 |
| 11-1301.2 as
evidence that the vehicle is operated by or for a | 15 |
| person with disabilities or
disabled veteran may park, in | 16 |
| addition to any
other lawful place, in any parking place | 17 |
| specifically reserved for such
vehicles by the posting of an | 18 |
| official sign as provided under Section 11-301.
Parking | 19 |
| privileges granted by this Section are strictly limited
to the | 20 |
| person to whom the special registration plates, special decal | 21 |
| or
device , or temporary pass was
were issued and to qualified | 22 |
| operators acting under his express
direction while the person | 23 |
| with disabilities is present.
A person to whom privileges were | 24 |
| granted shall, at the request of a
police officer or any other | 25 |
| person invested by law with authority to direct,
control, or | 26 |
| regulate traffic, present an identification card with a picture | 27 |
| as
verification that the
person is the person to whom the | 28 |
| special registration plates, special decal or
device , or | 29 |
| temporary pass was issued.
| 30 |
| Such parking privileges granted by this Section are also | 31 |
| extended to
motor vehicles of not-for-profit organizations | 32 |
| used for the transportation of
persons with disabilities when | 33 |
| such motor vehicles display the decal or device
issued pursuant | 34 |
| to Section 11-1301.2 of this Code.
| 35 |
| No person shall use any area for the parking of any motor | 36 |
| vehicle
pursuant to Section 11-1303 of this Code or where an |
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| official sign
controlling such area expressly prohibits | 2 |
| parking at any time or during
certain hours.
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| (Source: P.A. 90-106, eff. 1-1-98.)
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| (625 ILCS 5/11-1301.3) (from Ch. 95 1/2, par. 11-1301.3)
| 5 |
| Sec. 11-1301.3. Unauthorized use of parking places | 6 |
| reserved for persons with
disabilities. | 7 |
| (a) It shall be prohibited to park any motor vehicle which | 8 |
| is not properly
displaying
registration plates or decals or a | 9 |
| valid temporary parking pass issued to a person with | 10 |
| disabilities, as defined
by Section 1-159.1, pursuant to | 11 |
| Sections 3-616, 11-1301.1 or 11-1301.2, or to
a disabled | 12 |
| veteran pursuant to Section 3-609 of this Act, as evidence that | 13 |
| the
vehicle is operated by or for a person with disabilities or | 14 |
| disabled veteran,
in any parking place, including any private
| 15 |
| or public offstreet parking facility, specifically reserved, | 16 |
| by the
posting of an official sign as designated under Section | 17 |
| 11-301, for
motor vehicles displaying such registration | 18 |
| plates.
It shall be prohibited to park any motor vehicle in a | 19 |
| designated access
aisle adjacent to any parking place | 20 |
| specifically reserved for persons with
disabilities, by the | 21 |
| posting of an official sign as designated under Section
11-301, | 22 |
| for motor vehicles displaying such registration plates.
When | 23 |
| using the parking privileges for persons with disabilities, the | 24 |
| parking
decal or device or temporary parking pass must be | 25 |
| displayed properly in the vehicle where it is clearly
visible | 26 |
| to law enforcement personnel, either hanging from the rearview | 27 |
| mirror
or placed on the dashboard of the vehicle in clear view.
| 28 |
| Any motor vehicle properly displaying a disability license | 29 |
| plate or a
parking decal or device or temporary parking pass
| 30 |
| containing the International symbol of access
issued to persons | 31 |
| with disabilities by any local authority, state, district,
| 32 |
| territory or foreign country shall be recognized by State and | 33 |
| local
authorities as a valid license plate ,
or device , or | 34 |
| temporary pass and receive the same parking
privileges as | 35 |
| residents of this State.
|
|
|
|
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| 1 |
| (a-1) An individual with a vehicle displaying disability | 2 |
| license plates ,
or a parking decal or device , or a temporary | 3 |
| parking pass issued to a qualified person with a disability | 4 |
| under Sections 3-616, 11-1301.1, or 11-1301.2 or to a disabled | 5 |
| veteran under Section 3-609 is in violation of this Section if | 6 |
| (i) the person using the disability license plate ,
or parking | 7 |
| decal or device , or temporary parking pass is not the | 8 |
| authorized holder of the disability license plate ,
or parking | 9 |
| decal or device , or temporary parking pass, or is not | 10 |
| transporting the authorized holder of the disability license | 11 |
| plate ,
or parking decal or device , or temporary parking pass,
| 12 |
| to or from the parking location and (ii) the person uses the | 13 |
| disability license plate ,
or parking decal or device , or | 14 |
| temporary parking pass, to exercise any privileges granted | 15 |
| through the disability license plate , the temporary parking | 16 |
| pass, or parking decals or devices under this Code.
| 17 |
| (b) Any person or local authority owning or operating any | 18 |
| public or private
offstreet parking facility may, after | 19 |
| notifying the police or sheriff's
department, remove or cause | 20 |
| to be removed to the nearest garage or other
place of safety | 21 |
| any vehicle parked within a stall or space reserved for
use by | 22 |
| a person with disabilities which does not
display person with | 23 |
| disabilities registration
plates or a special decal or device | 24 |
| as required under this Section.
| 25 |
| (c) Any person found guilty of violating the provisions of | 26 |
| subsection (a) shall be fined $250 in addition to any costs or | 27 |
| charges connected
with the removal or storage of any motor | 28 |
| vehicle authorized under this
Section; but municipalities by | 29 |
| ordinance may impose a fine up to $350
and shall display signs | 30 |
| indicating the fine imposed. If the amount of
the fine is | 31 |
| subsequently changed, the municipality shall change the sign to
| 32 |
| indicate the current amount of the fine.
It shall not be a | 33 |
| defense to a charge under this Section that either the sign | 34 |
| posted
pursuant to this
Section or the intended accessible | 35 |
| parking place does not comply with the technical requirements | 36 |
| of Section 11-301,
Department
regulations, or local ordinance |
|
|
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| 1 |
| if a reasonable person would be made aware by
the
sign or | 2 |
| notice on or near the parking place that the place is reserved | 3 |
| for a
person
with
disabilities.
| 4 |
| (c-1) Any person found guilty of violating the provisions | 5 |
| of subsection (a-1) shall be fined $500 and may have his or her | 6 |
| driving privileges suspended or revoked by the Secretary of | 7 |
| State for a period of time determined by the Secretary of | 8 |
| State. The Secretary of State may also suspend or revoke the | 9 |
| disability license plates ,
or parking decal or device , or | 10 |
| temporary parking pass for a period of time determined by the | 11 |
| Secretary of State. The circuit clerk shall distribute $250 of | 12 |
| the $500 fine imposed on any person who is found guilty of or | 13 |
| pleads guilty to violating this Section, including any person | 14 |
| placed on court supervision for violating this Section, to the | 15 |
| law enforcement agency that issued the citation or made the | 16 |
| arrest. If more than one law enforcement agency is responsible | 17 |
| for issuing the citation or making the arrest, the $250 shall | 18 |
| be shared equally.
| 19 |
| (d) Local authorities shall impose fines as established in | 20 |
| subsections
(c) and (c-1) for violations of this Section.
| 21 |
| (e) As used in this Section, "authorized holder" means an | 22 |
| individual
issued a disability
license plate or temporary | 23 |
| parking pass under Section 3-616 of this
Code, an individual | 24 |
| issued a parking decal or device
under Section 11-1301.2 of | 25 |
| this Code, or an individual issued a disabled veteran's license | 26 |
| plate under Section 3-609 of this Code.
| 27 |
| (Source: P.A. 94-619, eff. 1-1-06.)
| 28 |
| (625 ILCS 5/11-1301.4) (from Ch. 95 1/2, par. 11-1301.4)
| 29 |
| Sec. 11-1301.4. Reciprocal agreements with other | 30 |
| jurisdictions. The Secretary of State, or his designee, may | 31 |
| enter into agreements
with other jurisdictions, including | 32 |
| foreign jurisdictions, on behalf of
this State relating to the | 33 |
| extension of parking
privileges by such jurisdictions to | 34 |
| permanently disabled residents of this
State who display a | 35 |
| special license plate ,
or parking device , or temporary parking |
|
|
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| 1 |
| pass that contains
the International symbol of access on his or | 2 |
| her motor vehicle, and to
recognize such plates ,
or devices , or | 3 |
| passes issued by such other jurisdictions. This
State shall | 4 |
| grant the same parking privileges which are granted to disabled
| 5 |
| residents of this State to any non-resident whose motor vehicle | 6 |
| is licensed
in another state, district, territory or foreign | 7 |
| country if such vehicle
displays the International symbol of | 8 |
| access or a distinguishing insignia on
license plates , a
or
| 9 |
| parking device or temporary parking pass issued in accordance | 10 |
| with the laws of the
non-resident's state, district, territory | 11 |
| or foreign country.
| 12 |
| (Source: P.A. 86-539.)
| 13 |
| (625 ILCS 5/11-1301.5)
| 14 |
| Sec. 11-1301.5. Fictitious or unlawfully altered | 15 |
| disability
license plate ,
or parking decal or device , or | 16 |
| temporary parking pass . | 17 |
| (a) As used in this Section:
| 18 |
| "Fictitious disability license plate ,
or parking decal or
| 19 |
| device , or temporary parking pass " means any issued disability | 20 |
| license plate ,
or parking
decal
or device, or temporary parking | 21 |
| pass, or any license plate issued to a disabled veteran under | 22 |
| Section 3-609 of this Code, that has been issued by the | 23 |
| Secretary of State or an authorized unit
of local government | 24 |
| that was issued based upon false information contained on
the | 25 |
| required application.
| 26 |
| "False information" means any incorrect or inaccurate | 27 |
| information
concerning
the name, date of birth, social security | 28 |
| number, driver's license number,
physician certification, or | 29 |
| any other information required on the Persons with Disabilities | 30 |
| Certification for Plate or Parking Placard, on the Application | 31 |
| for Replacement Disability Parking Placard, or on the
| 32 |
| application
for license plates issued to disabled veterans | 33 |
| under Section 3-609 of this Code, that
falsifies the content of | 34 |
| the application.
| 35 |
| "Unlawfully altered disability
license plate ,
or parking
|
|
|
|
HB5213 |
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LRB094 17078 DRH 52360 b |
|
| 1 |
| permit or device , or temporary parking pass " means any | 2 |
| disability license plate or parking
permit ,
or device, or | 3 |
| temporary parking pass, or any license plate issued to a | 4 |
| disabled veteran under Section 3-609 of this Code, issued by | 5 |
| the Secretary of State or an authorized unit of
local | 6 |
| government that has been physically altered or changed in such | 7 |
| manner
that false information appears on the license plate or | 8 |
| parking decal or device.
| 9 |
| "Authorized holder" means an individual issued a | 10 |
| disability
license plate or temporary parking pass under | 11 |
| Section 3-616 of this Code or an individual issued a parking | 12 |
| decal or device under Section 11-1301.2 of this Code, or an | 13 |
| individual issued a disabled veteran's license plate under | 14 |
| Section 3-609 of this Code.
| 15 |
| (b) It is a violation of this Section for any person:
| 16 |
| (1) to knowingly possess any fictitious or unlawfully | 17 |
| altered disability license plate ,
or parking decal or | 18 |
| device , or temporary parking pass ;
| 19 |
| (2) to knowingly issue or assist in the issuance of, by | 20 |
| the Secretary of
State or unit of local government, any | 21 |
| fictitious disability
license plate ,
or parking decal or | 22 |
| device , or temporary parking pass ;
| 23 |
| (3) to knowingly alter any disability license plate ,
or
| 24 |
| parking decal or device , or temporary parking pass ;
| 25 |
| (4) to knowingly manufacture, possess, transfer, or | 26 |
| provide any
documentation used in the application process | 27 |
| whether real or fictitious, for
the purpose of obtaining a | 28 |
| fictitious disability license plate ,
or
parking decal or | 29 |
| device , or temporary parking pass ;
| 30 |
| (5) to knowingly provide any false information to the | 31 |
| Secretary of State
or a unit of local government in order | 32 |
| to obtain a disability
license plate ,
or parking decal or | 33 |
| device , or temporary parking pass ; or
| 34 |
| (6) to knowingly transfer a disability license plate or
| 35 |
| parking decal or device for the purpose of exercising the | 36 |
| privileges granted
to an authorized holder of a disability
|
|
|
|
HB5213 |
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LRB094 17078 DRH 52360 b |
|
| 1 |
| license plate ,
or parking
decal or device , or temporary | 2 |
| parking pass under this Code in the absence of the | 3 |
| authorized holder.
| 4 |
| (c) Sentence.
| 5 |
| (1) Any person convicted of a violation of paragraph | 6 |
| (1), (2), (3), (4), or (5) of subsection (b) of this | 7 |
| Section shall be guilty of
a Class A misdemeanor and fined | 8 |
| not less than $500 for a first offense and shall be guilty | 9 |
| of a Class 4 felony and fined not less than $1,000 for a | 10 |
| second or subsequent offense. Any person convicted of a | 11 |
| violation of subdivision (b)(6) of this Section is guilty | 12 |
| of a Class A misdemeanor and shall be fined not less than | 13 |
| $500 for a first offense and not less than $1,000 for a | 14 |
| second or subsequent offense. The circuit clerk shall | 15 |
| distribute one-half of any fine imposed on any person who | 16 |
| is found guilty of or pleads guilty to violating this | 17 |
| Section, including any person placed on court supervision | 18 |
| for violating this Section, to the law enforcement agency | 19 |
| that issued the citation or made the arrest. If more than | 20 |
| one law enforcement agency is responsible for issuing the | 21 |
| citation or making the arrest, one-half of the fine imposed | 22 |
| shall be shared equally.
| 23 |
| (2) Any person who commits a violation of this Section | 24 |
| may have his
or her driving privileges suspended or revoked | 25 |
| by the Secretary of State for a
period of time determined | 26 |
| by the Secretary of State. The Secretary of State may | 27 |
| suspend or revoke the parking decal or device , the | 28 |
| temporary parking pass, or the disability license plate of | 29 |
| any person who commits a violation of this Section.
| 30 |
| (3) Any police officer may seize the parking decal or | 31 |
| device or temporary parking pass from any
person who | 32 |
| commits a violation of this Section. Any police officer may | 33 |
| seize
the disability license plate upon authorization from | 34 |
| the
Secretary of State. Any police officer may request that | 35 |
| the Secretary of State
revoke the parking decal or device , | 36 |
| the temporary parking pass, or the disability license
plate |
|
|
|
HB5213 |
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LRB094 17078 DRH 52360 b |
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| 1 |
| of any person who commits a violation of this Section.
| 2 |
| (Source: P.A. 94-619, eff. 1-1-06.)
| 3 |
| (625 ILCS 5/11-1301.6)
| 4 |
| Sec. 11-1301.6. Fraudulent disability license plate ,
or
| 5 |
| parking decal or device , or temporary parking pass . | 6 |
| (a) As used in this Section:
| 7 |
| "Fraudulent disability
license plate ,
or parking decal | 8 |
| or
device , or temporary parking pass "
means any disability | 9 |
| license plate or parking decal or device , or temporary | 10 |
| parking pass
that purports to be an official disability | 11 |
| license plate ,
or
parking decal or device , or temporary | 12 |
| parking pass and that has not been issued by the Secretary | 13 |
| of State
or an authorized unit of local government.
| 14 |
| "Disability license plate , temporary parking pass, or | 15 |
| parking decal or device-making
implement" means any | 16 |
| implement specially designed or primarily used in the
| 17 |
| manufacture, assembly, or authentication of a disability | 18 |
| license
plate , temporary parking pass, or parking decal or | 19 |
| device, or a license plate issued to a disabled veteran | 20 |
| under Section 3-609 of this Code, issued by the Secretary | 21 |
| of State or a unit of
local government.
| 22 |
| (b) It is a violation of this Section for any person:
| 23 |
| (1) to knowingly possess any fraudulent disability | 24 |
| license
plate , temporary parking pass, or parking decal;
| 25 |
| (2) to knowingly possess without authority any | 26 |
| disability
license plate , temporary parking pass, or | 27 |
| parking decal or device-making implement;
| 28 |
| (3) to knowingly duplicate, manufacture, sell, or | 29 |
| transfer any fraudulent
or stolen disability license | 30 |
| plate , temporary parking pass, or parking decal or device;
| 31 |
| (4) to knowingly assist in the duplication, | 32 |
| manufacturing, selling, or
transferring of any fraudulent, | 33 |
| stolen, or reported lost or damaged disability license | 34 |
| plate , temporary parking pass,
or parking decal or device; | 35 |
| or
|
|
|
|
HB5213 |
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LRB094 17078 DRH 52360 b |
|
| 1 |
| (5) to advertise or distribute a fraudulent disability
| 2 |
| license plate , temporary parking pass, or parking decal or | 3 |
| device.
| 4 |
| (c) Sentence.
| 5 |
| (1) Any person convicted of a violation of this Section | 6 |
| shall be guilty of
a Class A misdemeanor and fined not less | 7 |
| than $1,000 for a first offense and shall be guilty of a | 8 |
| Class 4 felony and fined not less than $2,000 for a second | 9 |
| or subsequent offense. The circuit clerk shall distribute | 10 |
| half of any fine imposed on any person who is found guilty | 11 |
| of or pleads guilty to violating this Section, including | 12 |
| any person placed on court supervision for violating this | 13 |
| Section, to the law enforcement agency that issued the | 14 |
| citation or made the arrest. If more than one law | 15 |
| enforcement agency is responsible for issuing the citation | 16 |
| or making the arrest, one-half of the fine imposed shall be | 17 |
| shared equally.
| 18 |
| (2) Any person who commits a violation of this Section | 19 |
| may have his
or her driving privileges suspended or revoked | 20 |
| by the Secretary of State for a
period of time determined | 21 |
| by the Secretary of State.
| 22 |
| (3) Any police officer may seize the parking decal or | 23 |
| device or the temporary parking pass from any
person who | 24 |
| commits a violation of this Section. Any police officer may | 25 |
| seize
the disability license plate upon authorization from | 26 |
| the
Secretary of State. Any police officer may request that | 27 |
| the Secretary of State
revoke the parking decal or device , | 28 |
| the temporary parking pass, or the disability license
plate | 29 |
| of any person who commits a violation of this Section.
| 30 |
| (Source: P.A. 94-619, eff. 1-1-06.)
| 31 |
| Section 10. The Motor Fuel Sales Act is amended by changing | 32 |
| Section 2 as follows:
| 33 |
| (815 ILCS 365/2) (from Ch. 121 1/2, par. 1502)
| 34 |
| Sec. 2. Any attendant on duty at a service station |
|
|
|
HB5213 |
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LRB094 17078 DRH 52360 b |
|
| 1 |
| described in Section
1 shall, upon request, dispense motor fuel | 2 |
| for the driver of a car which is
parked at a self-service | 3 |
| island and displays: (a) registration plates or a temporary | 4 |
| parking pass issued to
a physically disabled person pursuant to | 5 |
| Section 3-616 of the Illinois Vehicle
Code; or (b) registration | 6 |
| plates issued to a disabled veteran pursuant
to Section 3-609 | 7 |
| of such Code; or (c) a special decal or device issued pursuant
| 8 |
| to Section 11-1301.2 of such Code; and shall only charge such | 9 |
| driver prices
as offered to the general public for motor fuel | 10 |
| dispensed at the self-service
island. However, such attendant | 11 |
| shall not be required to perform other
services which are | 12 |
| offered at the full-service island.
| 13 |
| (Source: P.A. 84-877.)
|
|