State of Illinois
90th General Assembly
Legislation

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[ Engrossed ]

90_HB0149

      625 ILCS 5/11-1301.2      from Ch. 95 1/2, par. 11-1301.2
          Amends the Illinois Vehicle Code to provide that a person
      who  fraudulently  possesses  or  misuses   a   person   with
      disabilities  motorist decal or device is guilty of a Class C
      misdemeanor.  Effective immediately.
                                                     LRB9000508NTsb
                                               LRB9000508NTsb
 1        AN ACT to amend the Illinois  Vehicle  Code  by  changing
 2    Section 11-1301.2.
 3        Be  it  enacted  by  the People of the State of Illinois,
 4    represented in the General Assembly:
 5        Section  5.  The Illinois  Vehicle  Code  is  amended  by
 6    changing Section 11-1301.2 as follows:
 7        (625 ILCS 5/11-1301.2) (from Ch. 95 1/2, par. 11-1301.2)
 8        Sec.   11-1301.2.  Special   decals  for  a  person  with
 9    disabilities parking.
10        (a)  The  Secretary  of  State  shall  provide  for,   by
11    administrative  rules, the design, size, color, and placement
12    of a person with disabilities motorist decal or device  which
13    shall be used by local authorities in the issuance thereof to
14    a  person  with  disabilities  or not-for-profit organization
15    which transports persons with  disabilities.  This  decal  or
16    device shall be the property of such person with disabilities
17    or   organization   and   may  be  used  by  that  person  or
18    organization to designate and identify a vehicle not owned or
19    displaying a registration plate as provided in Sections 3-609
20    and 3-616 of this Act to designate when the vehicle is  being
21    used  to  transport said person or persons with disabilities,
22    and thus is entitled to enjoy all the privileges  that  would
23    be  afforded  a  person  with  disabilities licensed vehicle.
24    Person  with  disabilities  decals  or  devices  issued   and
25    displayed  pursuant  to  this Section shall be recognized and
26    honored by all local authorities regardless  of  which  local
27    authority issued such decal or device.
28        The  decal  or device shall be issued only upon a showing
29    by adequate documentation that the person for  whose  benefit
30    the  decal  or  device  is  to  be  used has a Class 1A or 2A
31    disability under the provisions of Section 4A of The Illinois
                            -2-                LRB9000508NTsb
 1    Identification Card Act.  For purposes of  this  Section,  an
 2    Illinois  Disabled Person Identification Card issued pursuant
 3    to The Illinois Identification Card Act indicating  that  the
 4    person thereon named has a Class 1A or 2A disability shall be
 5    adequate  documentation of such a disability. Nothing in this
 6    Section shall be read  to  prohibit  local  authorities  from
 7    issuing  such  decal  or  device  to  persons  with temporary
 8    disabilities, provided that such decal or device is valid for
 9    no more than 90 days, subject to  renewal  for  like  periods
10    based  upon  continued  disability, and further provided that
11    such decal or device clearly sets forth  the  date  that  the
12    decal or device expires.
13        (b)  The local governing authorities shall be responsible
14    for  the  provision of such decal or device, its issuance and
15    designated placement within the vehicle.  The  cost  of  such
16    decal  or  device  shall  be  at the discretion of such local
17    governing authority.
18        (c)  The Secretary of  State  may,  pursuant  to  Section
19    3-616(c),  issue  a person with disabilities parking decal or
20    device to a person with disabilities as  defined  by  Section
21    1-159.1.   Any  person  with  disabilities  parking  decal or
22    device issued by the Secretary of State shall  be  registered
23    to that person with disabilities in the form to be prescribed
24    by  the  Secretary  of  State.   The person with disabilities
25    parking decal or  device  shall  not  display  that  person's
26    address.   One additional decal or device may be issued to an
27    applicant upon his or her request and with  the  approval  of
28    the Secretary of State.
29        (d)  Any  person  who fraudulently possesses or misuses a
30    person with disabilities motorist decal or device  is  guilty
31    of a Class C misdemeanor.
32    (Source: P.A. 88-685, eff. 1-24-95.)
33        Section  99.  Effective date.  This Act takes effect upon
                            -3-                LRB9000508NTsb
 1    becoming law.

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