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90_HB1741
625 ILCS 5/3-616 from Ch. 95 1/2, par. 3-616
625 ILCS 5/11-1301.1 from Ch. 95 1/2, par. 11-1301.1
625 ILCS 5/11-1301.2 from Ch. 95 1/2, par. 11-1301.2
625 ILCS 5/11-1301.5 new
625 ILCS 5/11-1301.6 new
Amends the Illinois Vehicle Code. Provides that a
physician who fraudulently certifies that a person is a
person with disabilities is guilty of a Class C misdemeanor.
Provides that a person to whom parking privileges were
granted because of a disability shall, at the request of a
peace officer, present a picture identification card as
verification that the person is the person to whom a special
registration plate, decal, or device was issued. Provides
that a police officer who has reasonable grounds to believe
that a special plate, decal, or device should be seized shall
request that the Secretary of State take possession of the
plate, decal, or device. Requires the Secretary to issue a
picture identification card to a person who was issued a
person with disabilities parking decal or device. Provides
that a person who possesses or uses a person with
disabilities parking decal or device who is not authorized to
possess or use one is guilty of a Class C misdemeanor.
Provides that performing specified acts concerning fictitious
or unlawfully altered person with disabilities license plates
or parking decals or devices is unlawful and a Class A
misdemeanor. Provides that performing specified acts
concerning fraudulent person with disabilities license plates
or parking decals or devices is unlawful and a Class 4
felony. Effective immediately.
LRB9003941NTsb
LRB9003941NTsb
1 AN ACT to amend the Illinois Vehicle Code by changing
2 Sections 3-616, 11-1301.1, and 11-1301.2 and adding Sections
3 11-1301.5 and 11-1301.6.
4 Be it enacted by the People of the State of Illinois,
5 represented in the General Assembly:
6 Section 5. The Illinois Vehicle Code is amended by
7 changing Sections 3-616, 11-1301.1, and 11-1301.2 and adding
8 Sections 11-1301.5 and 11-1301.6 as follows:
9 (625 ILCS 5/3-616) (from Ch. 95 1/2, par. 3-616)
10 Sec. 3-616. Person with disabilities license plates.
11 (a) Upon receiving an application for a certificate of
12 registration for a motor vehicle of the first division or for
13 a motor vehicle of the second division weighing no more than
14 8,000 pounds, accompanied with payment of the registration
15 fees required under this Code from a person with disabilities
16 or a person who is deaf or hard of hearing person, the
17 Secretary of State, if so requested, shall issue to such
18 person registration plates as provided for in Section 3-611,
19 provided that the person with disabilities or person who is
20 deaf or hard of hearing must not be disqualified from
21 obtaining a driver's license under subsection 8 of Section
22 6-103 of this Code, and further provided that any person
23 making such a request must submit a statement certified by a
24 licensed physician to the effect that such person is a person
25 with disabilities as defined by Section 1-159.1 of this Code,
26 or alternatively provide adequate documentation that such
27 person has a Class 1A, Class 2A or Type Four disability under
28 the provisions of Section 4A of the Illinois Identification
29 Card Act. For purposes of this Section, an Illinois Disabled
30 Person Identification Card issued pursuant to The Illinois
31 Identification Card Act indicating that the person thereon
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1 named has a disability shall be adequate documentation of
2 such a disability.
3 (b) The Secretary shall issue plates under this Section
4 to a person without disabilities if a member of that person's
5 immediate family has a Class 1A or Class 2A disability as
6 defined in Section 4A of the Illinois Identification Card Act
7 or is a person with disabilities as defined by Section
8 1-159.1 of this Code, and does not possess a vehicle
9 registered in the name of the person with disabilities under
10 Section 3-616, provided that the person with disabilities
11 relies frequently on the applicant for transportation in the
12 vehicle to be registered. Only two vehicles per family may
13 be registered under this subsection. Any person requesting
14 special plates under this subsection shall submit such
15 documentation or such physician's statement as is required in
16 paragraph (a) and a statement describing the circumstances
17 qualifying for issuance of special plates under this
18 subsection.
19 (c) The Secretary may issue a person with disabilities
20 parking decal or device to a person with disabilities as
21 defined by Section 1-159.1 without regard to qualification of
22 such person with disabilities for a driver's license or
23 registration of a vehicle by such person with disabilities or
24 such person's immediate family, provided such person with
25 disabilities making such a request has been issued a Disabled
26 Person Identification Card indicating that the person named
27 thereon has a Class 1A or Class 2A disability, or
28 alternatively, submits a statement certified by a licensed
29 physician to the effect that such person is a person with
30 disabilities as defined by Section 1-159.1.
31 (d) The Secretary shall prescribe by rules and
32 regulations procedures to certify or re-certify as necessary
33 the eligibility of persons whose disabilities are other than
34 permanent for special plates or person with disabilities
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1 parking decals or devices issued under subsections (a), (b)
2 and (c). Except as provided under subsection (f) of this
3 Section, no such special plates, decals or devices shall be
4 issued by the Secretary of State to or on behalf of any
5 person with disabilities unless such person is certified as
6 meeting the definition of a person with disabilities pursuant
7 to Section 1-159.1 or meeting the requirement of a Type Four
8 disability as provided under Section 4A of the Illinois
9 Identification Card Act for the period of time that the
10 physician determines the applicant will have the disability,
11 but not to exceed 6 months from the date of certification or
12 recertification.
13 (e) Any person requesting special plates under this
14 Section may also apply to have the special plates
15 personalized, as provided under Section 3-405.1.
16 (f) The Secretary of State, upon application, shall
17 issue person with disabilities registration plates or a
18 person with disabilities parking decal to corporations,
19 school districts or special education cooperatives which will
20 transport persons with disabilities. The Secretary shall
21 prescribe by rule a means to certify or re-certify the
22 eligibility of organizations to receive person with
23 disabilities plates or decals and to designate which of the
24 two person with disabilities emblems shall be placed on
25 qualifying vehicles.
26 (g) The Secretary of State, or his designee, may enter
27 into agreements with other jurisdictions, including foreign
28 jurisdictions, on behalf of this State relating to the
29 extension of parking privileges by such jurisdictions to
30 permanently disabled residents of this State who display a
31 special license plate or parking device that contains the
32 International symbol of access on his or her motor vehicle,
33 and to recognize such plates or devices issued by such other
34 jurisdictions. This State shall grant the same parking
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1 privileges which are granted to disabled residents of this
2 State to any non-resident whose motor vehicle is licensed in
3 another state, district, territory or foreign country if such
4 vehicle displays the International symbol of access or a
5 distinguishing insignia on license plates or parking device
6 issued in accordance with the laws of the non-resident's
7 state, district, territory or foreign country.
8 (h) A physician who fraudulently certifies that a person
9 is a person with disabilities as defined by Section 1-159.1
10 of this Code is guilty of a Class C misdemeanor.
11 (Source: P.A. 88-685, eff. 1-24-95.)
12 (625 ILCS 5/11-1301.1) (from Ch. 95 1/2, par. 11-1301.1)
13 Sec. 11-1301.1. Persons with disabilities - Parking
14 privileges - Exemptions. A motor vehicle bearing registration
15 plates issued to a person with disabilities, as defined by
16 Section 1-159.1, pursuant to Section 3-616 or to a disabled
17 veteran pursuant to Section 3-609 or a special decal or
18 device issued pursuant to Section 3-616 or pursuant to
19 Section 11-1301.2 of this Code or a motor vehicle registered
20 in another jurisdiction, state, district, territory or
21 foreign country upon which is displayed a registration plate,
22 special decal or device issued by the other jurisdiction
23 designating the vehicle is operated by or for a person with
24 disabilities shall be exempt from the payment of parking
25 meter fees and exempt from any statute or ordinance imposing
26 time limitations on parking, except limitations of one-half
27 hour or less, on any street or highway zone, or any parking
28 lot or parking place which are owned, leased or owned and
29 leased by a municipality or a municipal parking utility; and
30 shall be recognized by state and local authorities as a valid
31 license plate or parking device and shall receive the same
32 parking privileges as residents of this State; but, such
33 vehicle shall be subject to the laws which prohibit parking
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1 in "no stopping" and "no standing" zones in front of or near
2 fire hydrants, driveways, public building entrances and
3 exits, bus stops and loading areas, and is prohibited from
4 parking where the motor vehicle constitutes a traffic hazard,
5 whereby such motor vehicle shall be moved at the instruction
6 and request of a law enforcement officer to a location
7 designated by the officer. Any motor vehicle bearing
8 registration plates or a special decal or device specified in
9 this Section or in Section 3-616 of this Code or such parking
10 device as specifically authorized in Section 11-1301.2 as
11 evidence that the vehicle is operated by or for a person with
12 disabilities or disabled veteran may park, in addition to any
13 other lawful place, in any parking place specifically
14 reserved for such vehicles by the posting of an official sign
15 as provided under Section 11-301. Parking privileges granted
16 by this Section are strictly limited to the person to whom
17 the special registration plates, special decal or device were
18 issued and to qualified operators acting under his express
19 direction while the person with disabilities is present. A
20 person to whom privileges were granted shall, at the request
21 of a peace officer, present an identification card with a
22 picture as verification that the person is the person to whom
23 the special registration plates, special decal or device was
24 issued. A police officer who has reasonable grounds to
25 believe that a special plate, decal, or device should be
26 seized shall request that the Secretary of State take
27 possession of the special plate, decal, or device.
28 Such parking privileges granted by this Section are also
29 extended to motor vehicles of not-for-profit organizations
30 used for the transportation of persons with disabilities when
31 such motor vehicles display the decal or device issued
32 pursuant to Section 11-1301.2 of this Code.
33 No person shall use any area for the parking of any motor
34 vehicle pursuant to Section 11-1303 of this Code or where an
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1 official sign controlling such area expressly prohibits
2 parking at any time or during certain hours.
3 (Source: P.A. 88-685, eff. 1-24-95.)
4 (625 ILCS 5/11-1301.2) (from Ch. 95 1/2, par. 11-1301.2)
5 Sec. 11-1301.2. Special decals for a person with
6 disabilities parking.
7 (a) The Secretary of State shall provide for, by
8 administrative rules, the design, size, color, and placement
9 of a person with disabilities motorist decal or device which
10 shall be used by local authorities in the issuance thereof to
11 a person with disabilities or not-for-profit organization
12 which transports persons with disabilities. This decal or
13 device shall be the property of such person with disabilities
14 or organization and may be used by that person or
15 organization to designate and identify a vehicle not owned or
16 displaying a registration plate as provided in Sections 3-609
17 and 3-616 of this Act to designate when the vehicle is being
18 used to transport said person or persons with disabilities,
19 and thus is entitled to enjoy all the privileges that would
20 be afforded a person with disabilities licensed vehicle.
21 Person with disabilities decals or devices issued and
22 displayed pursuant to this Section shall be recognized and
23 honored by all local authorities regardless of which local
24 authority issued such decal or device.
25 The decal or device shall be issued only upon a showing
26 by adequate documentation that the person for whose benefit
27 the decal or device is to be used has a Class 1A or 2A
28 disability under the provisions of Section 4A of The Illinois
29 Identification Card Act. For purposes of this Section, an
30 Illinois Disabled Person Identification Card issued pursuant
31 to The Illinois Identification Card Act indicating that the
32 person thereon named has a Class 1A or 2A disability shall be
33 adequate documentation of such a disability. Nothing in this
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1 Section shall be read to prohibit local authorities from
2 issuing such decal or device to persons with temporary
3 disabilities, provided that such decal or device is valid for
4 no more than 90 days, subject to renewal for like periods
5 based upon continued disability, and further provided that
6 such decal or device clearly sets forth the date that the
7 decal or device expires.
8 (b) The local governing authorities shall be responsible
9 for the provision of such decal or device, its issuance and
10 designated placement within the vehicle. The cost of such
11 decal or device shall be at the discretion of such local
12 governing authority.
13 (c) The Secretary of State may, pursuant to Section
14 3-616(c), issue a person with disabilities parking decal or
15 device to a person with disabilities as defined by Section
16 1-159.1. Any person with disabilities parking decal or
17 device issued by the Secretary of State shall be registered
18 to that person with disabilities in the form to be prescribed
19 by the Secretary of State. The person with disabilities
20 parking decal or device shall not display that person's
21 address. The Secretary of State shall issue to the person
22 who was issued the person with disabilities parking decal or
23 device an identification card with a picture of the person
24 and the decal or device registration number One additional
25 decal or device may be issued to an applicant upon his or her
26 request and with the approval of the Secretary of State.
27 (d) A person who possesses or uses a person with
28 disabilities parking decal or device who is not authorized to
29 possess or use a person with disabilities decal or device
30 under this Section is guilty of a Class C misdemeanor.
31 (Source: P.A. 88-685, eff. 1-24-95.)
32 (625 ILCS 5/11-1301.5 new)
33 Sec. 11-1301.5. Fictitious or unlawfully altered person
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1 with disabilities license plate or parking decal or device.
2 (a) As used in this Section:
3 "Fictitious person with disabilities license plate
4 or parking decal or device" means any issued person with
5 disabilities license plate or parking decal or device
6 that has been issued by the Secretary of State or an
7 authorized unit of local government that was issued based
8 upon false information contained on the required
9 application.
10 "False information" means any incorrect or
11 inaccurate information concerning the name, date of
12 birth, social security number, drivers license number,
13 physician certification, or any other information
14 required on the application for a person with
15 disabilities license plate or parking permit or device
16 that falsifies the content of the application.
17 "Unlawfully altered person with disabilities license
18 plate or parking permit or device" means any person with
19 disabilities license plate or parking permit or device
20 issued by the Secretary of State or an authorized unit of
21 local government that has been physically altered or
22 changed in such manner that false information appears on
23 the license plate or parking decal or device.
24 "Authorized holder" means an individual issued a
25 person with disabilities license plate under Section
26 3-616 of this Code or an individual issued a person with
27 disabilities parking decal or device under Section
28 11-1301.2 of this Code.
29 (b) It is a violation of this Section for any person:
30 (1) to knowingly possess any fictitious or
31 unlawfully altered person with disabilities license plate
32 or parking decal or device;
33 (2) to knowingly issue or assist in the issuance
34 of, by the Secretary of State or unit of local
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1 government, any fictitious person with disabilities
2 license plate or parking decal or device;
3 (3) to knowingly alter any person with disabilities
4 license plate or parking decal or device;
5 (4) to knowingly manufacture, possess, transfer, or
6 provide any documentation used in the application process
7 whether real or fictitious, for the purpose of obtaining
8 a fictitious person with disabilities license plate or
9 parking decal or device;
10 (5) to knowingly provide any false information to
11 the Secretary of State or a unit of local government in
12 order to obtain a person with disabilities license plate
13 or parking decal or device; or
14 (6) to knowingly transfer a person with
15 disabilities license plate or parking decal or device for
16 the purpose of exercising the privileges granted to an
17 authorized holder of a person with disabilities license
18 plate or parking decal or device under this Code in the
19 absence of the authorized holder.
20 (c) Sentence.
21 (1) Any person convicted of a violation of this
22 Section shall be guilty of a Class A misdemeanor.
23 (2) Any person who commits a violation of this
24 Section may have his or her driving privileges suspended
25 or revoked by the Secretary of State for a period of time
26 determined by the Secretary of State.
27 (625 ILCS 5/11-1301.6 new)
28 Sec. 11-1301.6. Fraudulent person with disabilities
29 license plate or parking decal or device.
30 (a) As used in this Section:
31 "Fraudulent person with disabilities license plate
32 or parking decal or device" means any person with
33 disabilities license plate or parking decal or device
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1 that purports to be an official person with disabilities
2 license plate or parking decal or device and that has not
3 been issued by the Secretary of State or an authorized
4 unit of local government.
5 "Person with disabilities license plate or parking
6 decal or device-making implement" means any implement
7 specially designed or primarily used in the manufacture,
8 assembly, or authentication of a person with disabilities
9 license plate or parking decal or device issued by the
10 Secretary of State or a unit of local government.
11 (b) It is a violation of this Section for any person:
12 (1) to knowingly possess any fraudulent person with
13 disabilities license plate or parking decal;
14 (2) to knowingly possess without authority any
15 person with disabilities license plate or parking decal
16 or device-making implement;
17 (3) to knowingly duplicate, manufacture, sell, or
18 transfer any fraudulent or stolen person with
19 disabilities license plate or parking decal or device;
20 (4) to knowingly assist in the duplication,
21 manufacturing, selling, or transferring of any fraudulent
22 or stolen person with disabilities license plate or
23 parking decal or device; or
24 (5) to advertise or distribute a fraudulent person
25 with disabilities license plate or parking decal or
26 device.
27 (c) Sentence.
28 (1) Any person convicted of a violation of this
29 Section shall be guilty of a Class 4 felony.
30 (2) Any person who commits a violation of this
31 Section may have his or her driving privileges suspended
32 or revoked by the Secretary of State for a period of time
33 determined by the Secretary of State.
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1 Section 99. Effective date. This Act takes effect upon
2 becoming law.