State of Illinois
90th General Assembly
Legislation

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[ Introduced ][ Enrolled ][ Senate Amendment 001 ]

90_SB0951eng

      SEE INDEX
          Amends the Illinois  Vehicle  Code.   Provides  that  the
      Secretary  of  State  may  take  possession  of a person with
      disabilities license plate or parking decal or device that is
      fictitious  or  unlawfully  or  erroneously  issued  or  upon
      expiration,   revocation,   cancellation,   or    suspension.
      Provides  that  the  decals  or  devices  for  a  person with
      disabilities issued by local authorities  are  for  a  person
      with  temporary  disabilites (not a person with disabilities)
      and   removes   not-for-profit   organizations   from   these
      provisions.   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.  Provides that the Secretary may suspend or
      revoke  the  person's  driving  privileges  for  these  acts.
      Provides  that  a  person  is  in  violation  of   provisions
      concerning  unauthorized  use  of parking places reserved for
      disabled persons if the person is an unauthorized holder of a
      person with disabilities license plate or  parking  decal  or
      permit.  Provides  that  provisions of this Code shall not be
      deemed to prevent  local  authorities  from  prohibiting  the
      unauthorized  use of parking spaces reserved for persons with
      disabilities on private property.  Provides  that  provisions
      concerning  the  powers  of  municipalities  and counties and
      contracts with certain entities and people for regulation  of
      traffic shall not be deemed to prevent local authorities from
      enforcing,  on  private  property,  local ordinances imposing
      fines as penalties for the unauthorized use of parking spaces
      reserved for persons with disabilities or disabled  veterans.
      Effective January 1, 1998.
                                                    LRB9002753NTsbB
SB951 Engrossed                               LRB9002753NTsbB
 1        AN ACT concerning vehicles, amending a named Act.
 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:
 4        Section 5.  The  Illinois  Vehicle  Code  is  amended  by
 5    changing   Sections  2-111,  3-704,  6-206,  11-208,  11-209,
 6    11-1301.1,  11-1301.2,  and  11-1301.3  and  adding  Sections
 7    11-1301.5 and 11-1301.6 as follows:
 8        (625 ILCS 5/2-111) (from Ch. 95 1/2, par. 2-111)
 9        Sec.  2-111.   Seizure  of  documents  and  plates.   The
10    Secretary of State is authorized to take  possession  of  any
11    certificate  of  title,  registration  card, permit, license,
12    registration plate, plates, person with disabilities  license
13    plate  or  parking  decal  or device, or registration sticker
14    issued by him upon expiration,  revocation,  cancellation  or
15    suspension thereof, or which is fictitious, or which has been
16    unlawfully  or  erroneously issued.  Police officers who have
17    reasonable grounds to believe that any item or  items  listed
18    in  this section should be seized shall request the Secretary
19    of State to take possession of such item or items.
20    (Source: P.A. 82-433.)
21        (625 ILCS 5/3-704) (from Ch. 95 1/2, par. 3-704)
22        Sec. 3-704. Authority of Secretary of State to suspend or
23    revoke  a  registration  or  certificate  of  title.      The
24    Secretary  of State may suspend or revoke the registration of
25    a vehicle or  a  certificate  of  title,  registration  card,
26    registration   sticker,   registration   plate,  person  with
27    disabilities parking decal or device, or any  nonresident  or
28    other permit in any of the following events:
29        1.   When  the  Secretary of State is satisfied that such
30    registration  or  that   such   certificate,   card,   plate,
SB951 Engrossed             -2-               LRB9002753NTsbB
 1    registration   sticker   or   permit   was   fraudulently  or
 2    erroneously issued;
 3        2.  When a registered  vehicle  has  been  dismantled  or
 4    wrecked or is not properly equipped;
 5        3.   When  the  Secretary  of  State  determines that any
 6    required fees have not been paid to either the  Secretary  of
 7    State  or  the  Illinois Commerce Commission and the same are
 8    not paid upon reasonable notice and demand;
 9        4.  When  a  registration   card,   registration   plate,
10    registration  sticker or permit is knowingly displayed upon a
11    vehicle other than the one for which issued;
12        5.  When the Secretary of State determines that the owner
13    has committed any offense under this  Chapter  involving  the
14    registration  or  the  certificate, card, plate, registration
15    sticker or permit to be suspended or revoked;
16        6.  When the Secretary of State determines that a vehicle
17    registered  not-for-hire  is  used   or   operated   for-hire
18    unlawfully, or used or operated for purposes other than those
19    authorized;
20        7.  When  the Secretary of State determines that an owner
21    of a for-hire motor vehicle  has  failed  to  give  proof  of
22    financial responsibility as required by this Act;
23        8.  When the Secretary determines that the vehicle is not
24    subject to or eligible for a registration;
25        9.  When  the  Secretary  determines  that the owner of a
26    vehicle registered under the mileage weight tax option  fails
27    to  maintain  the  records specified by law, or fails to file
28    the reports required by law, or  that  such  vehicle  is  not
29    equipped  with  an  operable  and  operating  speedometer  or
30    odometer; or
31        10.  When  the  Secretary of State is so authorized under
32    any other provision of law; or.
33        11.  When the Secretary  of  State  determines  that  the
34    holder  of a person with disabilities parking decal or device
SB951 Engrossed             -3-               LRB9002753NTsbB
 1    has committed any offense  under  Chapter  11  of  this  Code
 2    involving the use of a person with disabilities parking decal
 3    or device.
 4    (Source: P.A. 80-230.)
 5        (625 ILCS 5/6-206) (from Ch. 95 1/2, par. 6-206)
 6        Sec. 6-206.  Discretionary authority to suspend or revoke
 7    license or permit; Right to a hearing.
 8        (a)  The  Secretary  of State is authorized to suspend or
 9    revoke  the  driving  privileges  of   any   person   without
10    preliminary hearing upon a showing of the person's records or
11    other sufficient evidence that the person:
12             1.  Has  committed  an  offense  for which mandatory
13        revocation of a driver's license or  permit  is  required
14        upon conviction;
15             2.  Has  been  convicted of not less than 3 offenses
16        against traffic regulations  governing  the  movement  of
17        vehicles  committed  within  any  12  month  period.   No
18        revocation  or  suspension  shall  be entered more than 6
19        months after the date of last conviction;
20             3.  Has been repeatedly  involved  as  a  driver  in
21        motor vehicle collisions or has been repeatedly convicted
22        of  offenses  against  laws and ordinances regulating the
23        movement of traffic, to a degree that indicates  lack  of
24        ability  to  exercise ordinary and reasonable care in the
25        safe operation of a motor vehicle or disrespect  for  the
26        traffic  laws  and  the  safety of other persons upon the
27        highway;
28             4.  Has by the unlawful operation of a motor vehicle
29        caused or contributed to an accident resulting  in  death
30        or injury requiring immediate professional treatment in a
31        medical facility or doctor's office to any person, except
32        that   any   suspension  or  revocation  imposed  by  the
33        Secretary  of  State  under  the   provisions   of   this
SB951 Engrossed             -4-               LRB9002753NTsbB
 1        subsection shall start no later than 6 months after being
 2        convicted  of violating a law or ordinance regulating the
 3        movement of traffic, which violation is  related  to  the
 4        accident, or shall start not more than one year after the
 5        date of the accident, whichever date occurs later;
 6             5.  Has permitted an unlawful or fraudulent use of a
 7        driver's license, identification card, or permit;
 8             6.  Has  been  lawfully  convicted  of an offense or
 9        offenses in another state,  including  the  authorization
10        contained  in  Section 6-203.1, which if committed within
11        this State would be grounds for suspension or revocation;
12             7.  Has  refused  or  failed   to   submit   to   an
13        examination  provided  for by Section 6-207 or has failed
14        to pass the examination;
15             8.  Is ineligible for a driver's license  or  permit
16        under the provisions of Section 6-103;
17             9.  Has   made   a   false  statement  or  knowingly
18        concealed a material fact or has used  false  information
19        or  identification  in  any  application  for  a license,
20        identification card, or permit;
21             10.  Has  possessed,  displayed,  or  attempted   to
22        fraudulently  use  any  license,  identification card, or
23        permit not issued to the person;
24             11.  Has operated a motor vehicle upon a highway  of
25        this   State  when  the  person's  driving  privilege  or
26        privilege to obtain a  driver's  license  or  permit  was
27        revoked  or suspended unless the operation was authorized
28        by a judicial driving  permit,  probationary  license  to
29        drive,  or  a restricted driving permit issued under this
30        Code;
31             12.  Has submitted to any portion of the application
32        process for another person or has obtained  the  services
33        of  another  person  to  submit  to  any  portion  of the
34        application  process  for  the  purpose  of  obtaining  a
SB951 Engrossed             -5-               LRB9002753NTsbB
 1        license, identification card, or permit  for  some  other
 2        person;
 3             13.  Has  operated a motor vehicle upon a highway of
 4        this State when the person's driver's license was invalid
 5        under the provisions of Section 6-110.  Provided that for
 6        the first offense the Secretary of State may suspend  the
 7        driver's  license  for  not  more  than  60 days, for the
 8        second offense not more than 90 days, and for  the  third
 9        offense not more than one year;
10             14.  Has  committed  a  violation  of Section 6-301,
11        6-301.1, or 6-301.2 of this Act, or Section 14,  14A,  or
12        14B of the Illinois Identification Card Act;
13             15.  Has been convicted of violating Section 21-2 of
14        the  Criminal  Code of 1961 relating to criminal trespass
15        to vehicles in which case, the suspension  shall  be  for
16        one year;
17             16.  Has  been convicted of violating Section 11-204
18        of this Code relating to fleeing from a police officer;
19             17.  Has refused to submit to a test, or  tests,  as
20        required  under  Section  11-501.1  of  this Code and the
21        person has not  sought  a  hearing  as  provided  for  in
22        Section 11-501.1;
23             18.  Has,  since  issuance  of a driver's license or
24        permit, been adjudged to be afflicted with  or  suffering
25        from any mental disability or disease;
26             19.  Has  committed  a violation of paragraph (a) or
27        (b) of  Section  6-101  relating  to  driving  without  a
28        driver's license;
29             20.  Has  been  convicted of violating Section 6-104
30        relating to classification of driver's license;
31             21.  Has been convicted of violating Section  11-402
32        of this Code relating to leaving the scene of an accident
33        resulting  in damage to a vehicle in excess of $1,000, in
34        which case the suspension shall be for one year;
SB951 Engrossed             -6-               LRB9002753NTsbB
 1             22.  Has used a motor vehicle in violating paragraph
 2        (3), (4), (7), or (9) of subsection (a) of  Section  24-1
 3        of  the Criminal Code of 1961 relating to unlawful use of
 4        weapons, in which case the suspension shall  be  for  one
 5        year;
 6             23.  Has,  as a driver, been convicted of committing
 7        a violation of paragraph (a) of Section  11-502  of  this
 8        Code for a second or subsequent time within one year of a
 9        similar violation;
10             24.  Has   been  convicted  by  a  court-martial  or
11        punished   by   non-judicial   punishment   by   military
12        authorities  of  the  United   States   at   a   military
13        installation  in  Illinois  of  or  for a traffic related
14        offense that is the same as  or  similar  to  an  offense
15        specified under Section 6-205 or 6-206 of this Code;
16             25.  Has  permitted any form of identification to be
17        used by another in the application process  in  order  to
18        obtain  or  attempt  to  obtain a license, identification
19        card, or permit;
20             26.  Has altered or attempted to alter a license  or
21        has possessed an altered license, identification card, or
22        permit;
23             27.  Has violated Section 6-16 of the Liquor Control
24        Act of 1934;
25             28.  Has  been  convicted of the illegal possession,
26        while operating or  in  actual  physical  control,  as  a
27        driver,  of  a motor vehicle, of any controlled substance
28        prohibited under the Illinois Controlled  Substances  Act
29        or  any  cannabis  prohibited under the provisions of the
30        Cannabis Control Act, in which case the person's  driving
31        privileges  shall  be  suspended  for  one  year, and any
32        driver  who  is  convicted  of  a  second  or  subsequent
33        offense, within 5 years of a previous conviction, for the
34        illegal possession, while operating or in actual physical
SB951 Engrossed             -7-               LRB9002753NTsbB
 1        control,  as  a  driver,  of  a  motor  vehicle,  of  any
 2        controlled substance prohibited under the  provisions  of
 3        the  Illinois  Controlled  Substances Act or any cannabis
 4        prohibited  under  the  Cannabis  Control  Act  shall  be
 5        suspended for 5 years. Any defendant found guilty of this
 6        offense while operating a motor vehicle,  shall  have  an
 7        entry  made  in  the  court record by the presiding judge
 8        that this offense  did  occur  while  the  defendant  was
 9        operating  a  motor  vehicle  and  order the clerk of the
10        court to report the violation to the Secretary of State;
11             29.  Has been convicted of  the  following  offenses
12        that  were committed while the person was operating or in
13        actual physical control, as a driver, of a motor vehicle:
14        criminal  sexual  assault,  predatory   criminal   sexual
15        assault  of  a child, aggravated criminal sexual assault,
16        criminal sexual abuse, aggravated criminal sexual  abuse,
17        juvenile  pimping,  soliciting  for a juvenile prostitute
18        and the  manufacture,  sale  or  delivery  of  controlled
19        substances  or  instruments  used for illegal drug use or
20        abuse in which case the driver's driving privileges shall
21        be suspended for one year;
22             30.  Has been convicted a second or subsequent  time
23        for any combination of the offenses named in paragraph 29
24        of  this  subsection,  in which case the person's driving
25        privileges shall be suspended for 5 years;
26             31.  Beginning on January 1, 1991,  has  refused  to
27        submit  to  a test as required by Section 11-501.6 or has
28        submitted to a test resulting in an alcohol concentration
29        of 0.10 or more or any amount of a  drug,  substance,  or
30        compound  resulting  from the unlawful use or consumption
31        of cannabis as listed in the Cannabis Control  Act  or  a
32        controlled substance as listed in the Illinois Controlled
33        Substances  Act  in  which  case  the penalty shall be as
34        prescribed in Section 6-208.1;
SB951 Engrossed             -8-               LRB9002753NTsbB
 1             32.  Has been convicted of  Section  24-1.2  of  the
 2        Criminal   Code   of  1961  relating  to  the  aggravated
 3        discharge of a firearm if the offender was located  in  a
 4        motor  vehicle at the time the firearm was discharged, in
 5        which case the suspension shall be for 3 years; or
 6             33.  Has as  a driver, who was less than 21 years of
 7        age on the date of the offense, been  convicted  a  first
 8        time of a violation of paragraph (a) of Section 11-502 of
 9        this Code or a similar provision of a local ordinance;.
10             34.  Has  committed a violation of Section 11-1301.5
11        of this Code; or
12             35.  Has committed a violation of Section  11-1301.6
13        of this Code.
14        For  purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26,
15    and  27  of  this  subsection,  license  means  any  driver's
16    license, any traffic ticket issued when the person's driver's
17    license is deposited in lieu of  bail,  a  suspension  notice
18    issued  by  the  Secretary of State, a duplicate or corrected
19    driver's  license,  a  probationary  driver's  license  or  a
20    temporary driver's license.
21        (b)  If any conviction forming the basis of a  suspension
22    or  revocation authorized under this Section is appealed, the
23    Secretary of State may rescind or withhold the entry  of  the
24    order  of  suspension  or  revocation,  as  the  case may be,
25    provided that a certified copy of a stay order of a court  is
26    filed  with  the  Secretary  of  State.  If the conviction is
27    affirmed on appeal, the date of the conviction  shall  relate
28    back  to  the  time  the  original judgment of conviction was
29    entered and the  6  month  limitation  prescribed  shall  not
30    apply.
31        (c) 1.  Upon  suspending or revoking the driver's license
32        or permit of any person as authorized  in  this  Section,
33        the  Secretary  of  State  shall  immediately  notify the
34        person in writing of the revocation  or  suspension.  The
SB951 Engrossed             -9-               LRB9002753NTsbB
 1        notice to be deposited in the United States mail, postage
 2        prepaid, to the last known address of the person.
 3             2.  If  the Secretary of State suspends the driver's
 4        license of a person under subsection 2 of  paragraph  (a)
 5        of  this  Section,  a  person's  privilege  to  operate a
 6        vehicle as an occupation shall not be suspended, provided
 7        an affidavit is properly completed, the  appropriate  fee
 8        received, and a permit issued prior to the effective date
 9        of  the  suspension, unless 5 offenses were committed, at
10        least 2 of which occurred while  operating  a  commercial
11        vehicle   in   connection   with   the  driver's  regular
12        occupation.  All  other  driving  privileges   shall   be
13        suspended  by the Secretary of State. Any driver prior to
14        operating a vehicle for occupational purposes  only  must
15        submit  the  affidavit  on  forms  to  be provided by the
16        Secretary  of  State  setting  forth  the  facts  of  the
17        person's occupation.  The affidavit shall also state  the
18        number of offenses committed while operating a vehicle in
19        connection  with  the  driver's  regular  occupation. The
20        affidavit shall be accompanied by the  driver's  license.
21        Upon  receipt  of  a  properly  completed  affidavit, the
22        Secretary of State shall issue the  driver  a  permit  to
23        operate a vehicle in connection with the driver's regular
24        occupation  only.  Unless  the  permit  is  issued by the
25        Secretary of State prior to the date of  suspension,  the
26        privilege  to  drive any motor vehicle shall be suspended
27        as set forth in the notice that  was  mailed  under  this
28        Section.  If  an  affidavit is received subsequent to the
29        effective date of this suspension, a permit may be issued
30        for the remainder of the suspension period.
31             The provisions of this subparagraph shall not  apply
32        to  any  driver  required to obtain a commercial driver's
33        license under  Section  6-507  during  the  period  of  a
34        disqualification  of  commercial driving privileges under
SB951 Engrossed             -10-              LRB9002753NTsbB
 1        Section 6-514.
 2             Any person  who  falsely  states  any  fact  in  the
 3        affidavit  required  herein  shall  be  guilty of perjury
 4        under Section 6-302 and  upon  conviction  thereof  shall
 5        have  all  driving  privileges  revoked  without  further
 6        rights.
 7             3.  At  the  conclusion  of  a hearing under Section
 8        2-118 of this Code, the Secretary of State  shall  either
 9        rescind  or  continue  an  order  of  revocation or shall
10        substitute  an  order  of  suspension;  or,  good   cause
11        appearing  therefor, rescind, continue, change, or extend
12        the order of suspension.  If the Secretary of State  does
13        not   rescind   the   order,   the   Secretary  may  upon
14        application,  to  relieve   undue   hardship,   issue   a
15        restricted  driving  permit  granting  the  privilege  of
16        driving   a   motor   vehicle  between  the  petitioner's
17        residence and petitioner's place of employment or  within
18        the  scope  of his employment related duties, or to allow
19        transportation for the petitioner, or a household  member
20        of  the petitioner's family, to receive necessary medical
21        care  and  if  the  professional  evaluation   indicates,
22        provide    transportation   for   alcohol   remedial   or
23        rehabilitative activity, or for the petitioner to  attend
24        classes,  as  a  student,  in  an  accredited educational
25        institution; if the petitioner  is  able  to  demonstrate
26        that no alternative means of transportation is reasonably
27        available and the petitioner will not endanger the public
28        safety or welfare. In each case the Secretary may issue a
29        restricted   driving   permit   for   a   period   deemed
30        appropriate,  except that all permits shall expire within
31        one year from the date of issuance.  A restricted driving
32        permit issued under this  Section  shall  be  subject  to
33        cancellation, revocation, and suspension by the Secretary
34        of  State in like manner and for like cause as a driver's
SB951 Engrossed             -11-              LRB9002753NTsbB
 1        license issued under this Code may be cancelled, revoked,
 2        or suspended; except that a conviction upon one  or  more
 3        offenses   against  laws  or  ordinances  regulating  the
 4        movement of traffic shall be deemed sufficient cause  for
 5        the   revocation,   suspension,   or  cancellation  of  a
 6        restricted driving permit. The Secretary of State may, as
 7        a condition to  the  issuance  of  a  restricted  driving
 8        permit,   require  the  applicant  to  participate  in  a
 9        designated driver remedial or rehabilitative program. The
10        Secretary of State is authorized to cancel  a  restricted
11        driving permit if the permit holder does not successfully
12        complete the program.
13        (d)  This  Section  is  subject  to the provisions of the
14    Drivers License Compact.
15    (Source: P.A. 88-45; 88-209; 88-211;  88-670,  eff.  12-2-94;
16    89-283,  eff.  1-1-96;  89-428,  eff.  12-13-95; 89-462, eff.
17    5-29-96.)
18        (625 ILCS 5/11-208) (from Ch. 95 1/2, par. 11-208)
19        Sec. 11-208.  Powers of local authorities.
20        (a)  The provisions of this Code shall not be  deemed  to
21    prevent   local  authorities  with  respect  to  streets  and
22    highways under their jurisdiction and within  the  reasonable
23    exercise of the police power from:
24             1.  Regulating  the standing or parking of vehicles,
25        except as limited by Section 11-1306 of this Act;
26             2.  Regulating traffic by means of  police  officers
27        or traffic control signals;
28             3.  Regulating   or   prohibiting   processions   or
29        assemblages on the highways;
30             4.  Designating   particular   highways  as  one-way
31        highways and requiring that all vehicles thereon be moved
32        in one specific direction;
33             5.  Regulating the speed of vehicles in public parks
SB951 Engrossed             -12-              LRB9002753NTsbB
 1        subject to the limitations set forth in Section 11-604;
 2             6.  Designating any highway as a through highway, as
 3        authorized in Section  11-302,  and  requiring  that  all
 4        vehicles  stop  before  entering  or crossing the same or
 5        designating any intersection as a stop intersection or  a
 6        yield   right-of-way   intersection   and  requiring  all
 7        vehicles to stop or yield the right-of-way at one or more
 8        entrances to such intersections;
 9             7.  Restricting the use of highways as authorized in
10        Chapter 15;
11             8.  Regulating  the  operation   of   bicycles   and
12        requiring   the   registration  and  licensing  of  same,
13        including the requirement of a registration fee;
14             9.  Regulating  or  prohibiting   the   turning   of
15        vehicles or specified types of vehicles at intersections;
16             10.  Altering  the  speed  limits  as  authorized in
17        Section 11-604;
18             11.  Prohibiting U-turns;
19             12.  Prohibiting pedestrian crossings at other  than
20        designated and marked crosswalks or at intersections;
21             13.  Prohibiting   parking   during   snow   removal
22        operation;
23             14.  Imposing   fines  in  accordance  with  Section
24        11-1301.3 as penalties  for  use  of  any  parking  place
25        reserved  for  persons  with  disabilities, as defined by
26        Section 1-159.1, or disabled veterans by any person using
27        a motor vehicle not bearing registration plates specified
28        in Section 11-1301.1 or a  special  decal  or  device  as
29        defined in Section 11-1301.2 as evidence that the vehicle
30        is  operated  by  or  for  a  person with disabilities or
31        disabled veteran; or
32             15.  Adopting such other traffic regulations as  are
33        specifically authorized by this Code.
34        (b)  No ordinance or regulation enacted under subsections
SB951 Engrossed             -13-              LRB9002753NTsbB
 1    1,  4,  5,  6,  7,  9, 10, 11 or 13 of paragraph (a) shall be
 2    effective until signs giving reasonable notice of such  local
 3    traffic regulations are posted.
 4        (c)  The  provisions  of  this Code shall not prevent any
 5    municipality  having  a  population  of   500,000   or   more
 6    inhabitants  from  prohibiting  any  person  from  driving or
 7    operating  any  motor  vehicle  upon  the  roadways  of  such
 8    municipality with headlamps on high beam or bright.
 9        (d)  The provisions of this Code shall not be  deemed  to
10    prevent  local  authorities within the reasonable exercise of
11    their police power from prohibiting, on private property, the
12    unauthorized use of parking spaces reserved for persons  with
13    disabilities.
14    (Source: P.A. 88-685, eff. 1-24-95.)
15        (625 ILCS 5/11-209) (from Ch. 95 1/2, par. 11-209)
16        Sec.  11-209.   Powers  of  municipalities and counties -
17    Contract with school boards, hospitals, churches, condominium
18    complex unit owners' associations, and  shopping  center  and
19    apartment complex owners for regulation of traffic.
20        (a)  The corporate authorities of any municipality or the
21    county  board  of  any  county, and a school board, hospital,
22    church, condominium  complex  unit  owners'  association,  or
23    owner  of  any  shopping  center  or  apartment complex which
24    controls a parking area located  within  the  limits  of  the
25    municipality,  or  outside the limits of the municipality and
26    within the  boundaries  of  the  county,  may,  by  contract,
27    empower the municipality or county to regulate the parking of
28    automobiles  and  the  traffic  at  such  parking  area. Such
29    contract  shall  empower  the  municipality  or   county   to
30    accomplish all or any part of the following:
31             1.   The  erection  of stop signs, flashing signals,
32        person with disabilities  parking  area  signs  or  yield
33        signs  at  specified  locations in a parking area and the
SB951 Engrossed             -14-              LRB9002753NTsbB
 1        adoption of appropriate regulations  thereto  pertaining,
 2        or  the  designation  of  any intersection in the parking
 3        area as a stop intersection or as  a  yield  intersection
 4        and  the ordering of like signs or signals at one or more
 5        entrances to such intersection, subject to the provisions
 6        of this Chapter.
 7             2.  The prohibition or regulation of the turning  of
 8        vehicles  or specified types of vehicles at intersections
 9        or other designated locations in the parking area.
10             3.  The regulation of a crossing of any  roadway  in
11        the parking area by pedestrians.
12             4.  The  designation  of any separate roadway in the
13        parking area for one-way traffic.
14             5.  The  establishment  and  regulation  of  loading
15        zones.
16             6.  The  prohibition,  regulation,  restriction   or
17        limitation  of  the  stopping,  standing  or  parking  of
18        vehicles in specified areas of the parking area.
19             7.  The  designation  of safety zones in the parking
20        area and fire lanes.
21             8.  Providing  for  the  removal  and   storage   of
22        vehicles  parked  or abandoned in the parking area during
23        snowstorms, floods, fires, or other  public  emergencies,
24        or  found  unattended in the parking area, (a) where they
25        constitute  an  obstruction  to  traffic,  or  (b)  where
26        stopping, standing or parking is prohibited, and for  the
27        payment  of  reasonable  charges  for  such  removal  and
28        storage by the owner or operator of any such vehicle.
29             9.  Providing    that    the   cost   of   planning,
30        installation, maintenance and enforcement of parking  and
31        traffic regulations pursuant to any contract entered into
32        under the authority of this paragraph (a) of this Section
33        be  borne by the municipality or county, or by the school
34        board,  hospital,  church,  property   owner,   apartment
SB951 Engrossed             -15-              LRB9002753NTsbB
 1        complex   owner,  or  condominium  complex  unit  owners'
 2        association, or that a percentage of the cost  be  shared
 3        by the parties to the contract.
 4             10.  Causing  the  installation of parking meters on
 5        the parking area and establishing whether the expense  of
 6        installing  said  parking  meters and maintenance thereof
 7        shall be that of the municipality or county, or  that  of
 8        the  school  board, hospital, church, condominium complex
 9        unit owners' association, shopping  center  or  apartment
10        complex  owner.    All  moneys obtained from such parking
11        meters as may be installed  on  any  parking  area  shall
12        belong to the municipality or county.
13             11.  Causing  the  installation  of parking signs in
14        accordance with Section 11-301 in areas  of  the  parking
15        lots  covered  by  this  Section and where desired by the
16        person contracting with the appropriate authority  listed
17        in  paragraph  (a)  of this Section, indicating that such
18        parking   spaces   are   reserved   for   persons    with
19        disabilities.
20             12.  Contracting   for  such  additional  reasonable
21        rules and regulations with respect to traffic and parking
22        in a parking area as local conditions may require for the
23        safety and convenience of the public or of the  users  of
24        the parking area.
25        (b)  No  contract  entered  into pursuant to this Section
26    shall exceed a period of 20 years. No lessee  of  a  shopping
27    center  or apartment complex shall enter into such a contract
28    for a longer period of time than the length of his lease.
29        (c)  Any contract entered into pursuant to  this  Section
30    shall be recorded in the office of the recorder in the county
31    in  which the parking area is located, and no regulation made
32    pursuant to the contract shall be  effective  or  enforceable
33    until 3 days after the contract is so recorded.
34        (d)  At such time as parking and traffic regulations have
SB951 Engrossed             -16-              LRB9002753NTsbB
 1    been established at any parking area pursuant to the contract
 2    as  provided  for  in  this Section, then it shall be a petty
 3    offense for any person to do any act forbidden or to fail  to
 4    perform   any   act  required  by  such  parking  or  traffic
 5    regulation.  If the violation is the  parking  in  a  parking
 6    space  reserved for persons with disabilities under paragraph
 7    (11)  of  this  Section,  by   a   person   without   special
 8    registration  plates issued to a person with disabilities, as
 9    defined by Section 1-159.1, pursuant to Section 3-616 of this
10    Code, or to a disabled veteran pursuant to Section  3-609  of
11    this  Code,  the  local  police  of the contracting corporate
12    municipal authorities shall issue a parking  ticket  to  such
13    parking  violator and issue a fine in accordance with Section
14    11-1301.3.
15        (e)  The term "shopping center", as used in this Section,
16    means  premises  having  one  or  more  stores  or   business
17    establishments  in connection with which there is provided on
18    privately-owned property near or contiguous thereto an  area,
19    or  areas,  of land used by the public as the means of access
20    to and egress from the stores and business establishments  on
21    such  premises  and  for  the  parking  of  motor vehicles of
22    customers  and  patrons   of   such   stores   and   business
23    establishments on such premises.
24        (f)  The  term  "parking  area", as used in this Section,
25    means an area, or areas, of land  near  or  contiguous  to  a
26    school,   church,  or  hospital  building,  shopping  center,
27    apartment complex, or condominium complex, but not the public
28    highways or alleys, and used by the public as  the  means  of
29    access  to  and egress from such buildings and the stores and
30    business establishments at a  shopping  center  and  for  the
31    parking of motor vehicles.
32        (g)  The   terms  "owner",  "property  owner",  "shopping
33    center owner", and "apartment complex owner", as used in this
34    Section, mean the actual legal owner of the  shopping  center
SB951 Engrossed             -17-              LRB9002753NTsbB
 1    parking  area  or  apartment  complex, the trust officer of a
 2    banking institution having the right to  manage  and  control
 3    such  property,  or  a person having the legal right, through
 4    lease or otherwise, to manage or control the property.
 5        (g-5)  The  term  "condominium   complex   unit   owners'
 6    association",  as used in this Section, means a "unit owners'
 7    association" as defined  in  Section  2  of  the  Condominium
 8    Property Act.
 9        (h)  The term "fire lane", as used in this Section, means
10    travel lanes for the fire fighting equipment upon which there
11    shall  be  no standing or parking of any motor vehicle at any
12    time so that fire fighting equipment can move freely thereon.
13        (i)  The  term  "apartment  complex",  as  used  in  this
14    Section, means premises having  one  or  more  apartments  in
15    connection  with  which  there is provided on privately-owned
16    property near or contiguous thereto an  area,  or  areas,  of
17    land  used by occupants of such apartments or their guests as
18    a means of access to and egress from such apartments  or  for
19    the  parking  of  motor  vehicles  of such occupants or their
20    guests.
21        (j)  The term "condominium  complex",  as  used  in  this
22    Section, means the units, common elements, and limited common
23    elements  that are located on the parcels, as those terms are
24    defined in Section 2 of the Condominium Property Act.
25        (k)  The provisions of this Section shall not  be  deemed
26    to  prevent  local  authorities  from  enforcing,  on private
27    property, local ordinances imposing fines, in accordance with
28    Section 11-1301.3, as penalties for use of any parking  place
29    reserved for persons with disabilities, as defined by Section
30    1-159.1,  or  disabled  veterans  by any person using a motor
31    vehicle not bearing registration plates specified in  Section
32    11-1301.1  or a special decal or device as defined in Section
33    11-1301.2 as evidence that the vehicle is operated by or  for
34    a person with disabilities or disabled veteran.
SB951 Engrossed             -18-              LRB9002753NTsbB
 1        This amendatory Act of 1972 is not a prohibition upon the
 2    contractual  and associational powers granted by Article VII,
 3    Section 10 of the Illinois Constitution.
 4    (Source: P.A. 88-685, eff. 1-24-95; 89-551, eff. 1-1-97.)
 5        (625 ILCS 5/11-1301.1) (from Ch. 95 1/2, par. 11-1301.1)
 6        Sec.  11-1301.1.  Persons  with  disabilities  -  Parking
 7    privileges - Exemptions. A motor vehicle bearing registration
 8    plates issued to a person with disabilities,  as  defined  by
 9    Section  1-159.1,  pursuant to Section 3-616 or to a disabled
10    veteran pursuant to Section  3-609  or  a  special  decal  or
11    device  issued  pursuant  to  Section  3-616  or  pursuant to
12    Section 11-1301.2 of this Code or a motor vehicle  registered
13    in   another  jurisdiction,  state,  district,  territory  or
14    foreign country upon which is displayed a registration plate,
15    special decal or device  issued  by  the  other  jurisdiction
16    designating  the  vehicle is operated by or for a person with
17    disabilities shall be exempt  from  the  payment  of  parking
18    meter  fees and exempt from any statute or ordinance imposing
19    time limitations on parking, except limitations  of  one-half
20    hour  or  less, on any street or highway zone, or any parking
21    lot or parking place which are owned,  leased  or  owned  and
22    leased  by a municipality or a municipal parking utility; and
23    shall be recognized by state and local authorities as a valid
24    license plate or parking device and shall  receive  the  same
25    parking  privileges  as  residents  of  this State; but, such
26    vehicle shall be subject to the laws which  prohibit  parking
27    in  "no stopping" and "no standing" zones in front of or near
28    fire  hydrants,  driveways,  public  building  entrances  and
29    exits, bus stops and loading areas, and  is  prohibited  from
30    parking where the motor vehicle constitutes a traffic hazard,
31    whereby  such motor vehicle shall be moved at the instruction
32    and request of  a  law  enforcement  officer  to  a  location
33    designated   by  the  officer.   Any  motor  vehicle  bearing
SB951 Engrossed             -19-              LRB9002753NTsbB
 1    registration plates or a special decal or device specified in
 2    this Section or in Section 3-616 of this Code or such parking
 3    device as specifically authorized  in  Section  11-1301.2  as
 4    evidence that the vehicle is operated by or for a person with
 5    disabilities or disabled veteran may park, in addition to any
 6    other   lawful  place,  in  any  parking  place  specifically
 7    reserved for such vehicles by the posting of an official sign
 8    as provided under Section 11-301. Parking privileges  granted
 9    by  this  Section  are strictly limited to the person to whom
10    the special registration plates, special decal or device were
11    issued and to qualified operators acting  under  his  express
12    direction  while  the  person with disabilities is present. A
13    person to whom privileges were granted shall, at the  request
14    of  a police officer or any other person invested by law with
15    authority to direct, control, or regulate traffic, present an
16    identification card with a picture as verification  that  the
17    person is the person to whom the special registration plates,
18    special decal or device was issued.
19        Such  parking privileges granted by this Section are also
20    extended to motor vehicles  of  not-for-profit  organizations
21    used for the transportation of persons with disabilities when
22    such  motor  vehicles  display  the  decal  or  device issued
23    pursuant to Section 11-1301.2 of this Code.
24        No person shall use any area for the parking of any motor
25    vehicle pursuant to Section 11-1303 of this Code or where  an
26    official  sign  controlling  such  area  expressly  prohibits
27    parking at any time or during certain hours.
28    (Source: P.A. 88-685, eff. 1-24-95.)
29        (625 ILCS 5/11-1301.2) (from Ch. 95 1/2, par. 11-1301.2)
30        Sec.   11-1301.2.  Special   decals  for  a  person  with
31    disabilities parking.
32        (a)  The  Secretary  of  State  shall  provide  for,   by
33    administrative  rules, the design, size, color, and placement
SB951 Engrossed             -20-              LRB9002753NTsbB
 1    of a person with disabilities motorist decal  or  device  and
 2    shall  provide  for, by administrative rules, the content and
 3    form  of  an  application  for  a  person  with  disabilities
 4    motorist decal or  device,  which  shall  be  used  by  local
 5    authorities   in  the  issuance  thereof  to  a  person  with
 6    temporary disabilities, provided that the decal or device  is
 7    valid  for  no more than 90 days, subject to renewal for like
 8    periods based upon continued disability, and further provided
 9    that the decal or device clearly sets forth the date that the
10    decal or device expires or not-for-profit organization  which
11    transports  persons  with disabilities. The application shall
12    include the requirement of an  Illinois  Identification  Card
13    number  or  a State of Illinois driver's license number. This
14    decal or device shall be the property  of  such  person  with
15    disabilities  or  organization and may be used by that person
16    or organization to designate and identify a vehicle not owned
17    or displaying a registration plate as  provided  in  Sections
18    3-609  and 3-616 of this Act to designate when the vehicle is
19    being  used  to  transport  said  person  or   persons   with
20    disabilities,   and   thus  is  entitled  to  enjoy  all  the
21    privileges that would be afforded a person with  disabilities
22    licensed  vehicle. Person with disabilities decals or devices
23    issued and  displayed  pursuant  to  this  Section  shall  be
24    recognized and honored by all local authorities regardless of
25    which local authority issued such decal or device.
26        The  decal  or device shall be issued only upon a showing
27    by adequate documentation that the person for  whose  benefit
28    the  decal or device is to be used has a temporary disability
29    as defined in Section 1-159.1 of this Code  Class  1A  or  2A
30    disability under the provisions of Section 4A of The Illinois
31    Identification  Card  Act.   For purposes of this Section, an
32    Illinois Disabled Person Identification Card issued  pursuant
33    to  The  Illinois Identification Card Act indicating that the
34    person thereon named has a Class 1A or 2A disability shall be
SB951 Engrossed             -21-              LRB9002753NTsbB
 1    adequate documentation of such a disability. Nothing in  this
 2    Section  shall  be  read  to  prohibit local authorities from
 3    issuing such  decal  or  device  to  persons  with  temporary
 4    disabilities, provided that such decal or device is valid for
 5    no  more  than  90  days, subject to renewal for like periods
 6    based upon continued disability, and  further  provided  that
 7    such  decal  or  device  clearly sets forth the date that the
 8    decal or device expires.
 9        (b)  The local governing authorities shall be responsible
10    for the provision of such decal or device, its  issuance  and
11    designated  placement  within  the vehicle.  The cost of such
12    decal or device shall be at  the  discretion  of  such  local
13    governing authority.
14        (c)  The  Secretary  of  State  may,  pursuant to Section
15    3-616(c), issue a person with disabilities parking  decal  or
16    device  to  a  person with disabilities as defined by Section
17    1-159.1.  Any  person  with  disabilities  parking  decal  or
18    device  issued  by the Secretary of State shall be registered
19    to that person with disabilities in the form to be prescribed
20    by the Secretary of  State.   The  person  with  disabilities
21    parking  decal  or  device  shall  not  display that person's
22    address.  One additional decal or device may be issued to  an
23    applicant  upon  his  or her request and with the approval of
24    the Secretary of State.
25    (Source: P.A. 88-685, eff. 1-24-95.)
26        (625 ILCS 5/11-1301.3) (from Ch. 95 1/2, par. 11-1301.3)
27        Sec.  11-1301.3.   Unauthorized  use  of  parking  places
28    reserved for persons with disabilities.
29        (a)  It shall be prohibited to  park  any  motor  vehicle
30    which  is not bearing registration plates or decals issued to
31    a person with disabilities, as defined  by  Section  1-159.1,
32    pursuant  to Sections 3-616, 11-1301.1  or 11-1301.2, or to a
33    disabled veteran pursuant to Section 3-609 of  this  Act,  as
SB951 Engrossed             -22-              LRB9002753NTsbB
 1    evidence that the vehicle is operated by or for a person with
 2    disabilities  or  disabled  veteran,  in  any  parking place,
 3    including any private or public offstreet  parking  facility,
 4    specifically  reserved, by the posting of an official sign as
 5    designated under Section 11-301, for motor  vehicles  bearing
 6    such  registration  plates.  An  individual  with  a  vehicle
 7    bearing  a  person with disabilities license plate or parking
 8    decal or device issued to a disabled  person  under  Sections
 9    3-616,  11-1301.1,  or  11-1301.2  is  in  violation  of this
10    Section if the person is  not  the  authorized  holder  of  a
11    person  with  disabilities  license plate or parking decal or
12    device and is not transporting the  authorized  holder  of  a
13    person  with  disabilities  license plate or parking decal or
14    device to or from the parking location and  the  person  uses
15    the  person  with disabilities license plate or parking decal
16    or device to exercise  any  privileges  granted  through  the
17    person  with disabilities license plates or parking decals or
18    devices under this Code.  Any motor vehicle bearing a  person
19    with disabilities license plate or a person with disabilities
20    parking  decal  or device containing the International symbol
21    of access issued to persons with disabilities  by  any  local
22    authority,  state,  district,  territory  or  foreign country
23    shall be recognized by state and local authorities as a valid
24    license  plate  or  device  and  receive  the  same   parking
25    privileges as residents of this State.
26        (b)  Any  person  or  local authority owning or operating
27    any public or private offstreet parking facility  may,  after
28    notifying the police or sheriff's department, remove or cause
29    to  be removed to the nearest garage or other place of safety
30    any vehicle parked within a stall or space reserved  for  use
31    by  a  person with disabilities which does not display person
32    with disabilities registration plates or a special  decal  or
33    device as required under this Section.
34        (c)  Any  person found guilty of violating the provisions
SB951 Engrossed             -23-              LRB9002753NTsbB
 1    of this Section shall be fined $100 in addition to any  costs
 2    or charges connected with the removal or storage of any motor
 3    vehicle  authorized under this Section; but municipalities by
 4    ordinance may impose a fine up  to  $200  and  shall  display
 5    signs indicating the fine imposed.  If the amount of the fine
 6    is  subsequently  changed,  the municipality shall change the
 7    sign to indicate the current amount of the fine.
 8        (d)  Local authorities shall impose fines as  established
 9    in  subsection  (c)  for  violations of this Section vehicles
10    parked in spaces for a person with disabilities that  do  not
11    display  the registration plates pursuant to Section 3-616 or
12    a special decal or device pursuant to Section 11-1301.2.
13        (e)  As used in this Section, "authorized  holder"  means
14    an individual issued a person with disabilities license plate
15    under  Section  3-616  of this Code or an individual issued a
16    person  with  disabilities  parking  decal  or  device  under
17    Section 11-1301.2 of this Code.
18    (Source: P.A. 88-685,  eff.  1-24-95;  89-275,  eff.  1-1-96;
19    89-533, eff. 1-1-97; 89-626, eff. 8-9-96.)
20        (625 ILCS 5/11-1301.5 new)
21        Sec.  11-1301.5.  Fictitious or unlawfully altered person
22    with disabilities license plate or parking decal or device.
23        (a)  As used in this Section:
24             "Fictitious person with disabilities  license  plate
25        or  parking decal or device" means any issued person with
26        disabilities license plate or  parking  decal  or  device
27        that  has  been  issued  by  the Secretary of State or an
28        authorized unit of local government that was issued based
29        upon  false  information  contained   on   the   required
30        application.
31             "False   information"   means   any   incorrect   or
32        inaccurate  information  concerning  the  name,  date  of
33        birth,  social  security number, driver's license number,
SB951 Engrossed             -24-              LRB9002753NTsbB
 1        physician  certification,  or   any   other   information
 2        required   on   the   application   for   a  person  with
 3        disabilities license plate or parking  permit  or  device
 4        that falsifies the content of the application.
 5             "Unlawfully altered person with disabilities license
 6        plate  or parking permit or device" means any person with
 7        disabilities license plate or parking  permit  or  device
 8        issued by the Secretary of State or an authorized unit of
 9        local  government  that  has  been  physically altered or
10        changed in such manner that false information appears  on
11        the license plate or parking decal or device.
12             "Authorized  holder"  means  an  individual issued a
13        person with  disabilities  license  plate  under  Section
14        3-616  of this Code or an individual issued a person with
15        disabilities  parking  decal  or  device  under   Section
16        11-1301.2 of this Code.
17        (b)  It is a violation of this Section for any person:
18             (1)  to   knowingly   possess   any   fictitious  or
19        unlawfully altered person with disabilities license plate
20        or parking decal or device;
21             (2)  to knowingly issue or assist  in  the  issuance
22        of,   by   the  Secretary  of  State  or  unit  of  local
23        government,  any  fictitious  person  with   disabilities
24        license plate or parking decal or device;
25             (3)  to knowingly alter any person with disabilities
26        license plate or parking decal or device;
27             (4)  to knowingly manufacture, possess, transfer, or
28        provide any documentation used in the application process
29        whether  real or fictitious, for the purpose of obtaining
30        a fictitious person with disabilities  license  plate  or
31        parking decal or device;
32             (5)  to  knowingly  provide any false information to
33        the Secretary of State or a unit of local  government  in
34        order  to obtain a person with disabilities license plate
SB951 Engrossed             -25-              LRB9002753NTsbB
 1        or parking decal or device; or
 2             (6)  to   knowingly   transfer   a    person    with
 3        disabilities license plate or parking decal or device for
 4        the  purpose  of  exercising the privileges granted to an
 5        authorized holder of a person with  disabilities  license
 6        plate  or  parking decal or device under this Code in the
 7        absence of the authorized holder.
 8        (c)  Sentence.
 9             (1)  Any person convicted of  a  violation  of  this
10        Section shall be guilty of a Class A misdemeanor.
11             (2)  Any  person  who  commits  a  violation of this
12        Section may have his or her driving privileges  suspended
13        or revoked by the Secretary of State for a period of time
14        determined by the Secretary of State.
15        (625 ILCS 5/11-1301.6 new)
16        Sec.   11-1301.6.  Fraudulent  person  with  disabilities
17    license plate or parking decal or device.
18        (a)  As used in this Section:
19             "Fraudulent person with disabilities  license  plate
20        or  parking  decal  or  device"  means  any  person  with
21        disabilities  license  plate  or  parking decal or device
22        that purports to be an official person with  disabilities
23        license plate or parking decal or device and that has not
24        been  issued  by  the Secretary of State or an authorized
25        unit of local government.
26             "Person with disabilities license plate  or  parking
27        decal  or  device-making  implement"  means any implement
28        specially designed or primarily used in the  manufacture,
29        assembly, or authentication of a person with disabilities
30        license  plate  or  parking decal or device issued by the
31        Secretary of State or a unit of local government.
32        (b)  It is a violation of this Section for any person:
33             (1)  to knowingly possess any fraudulent person with
SB951 Engrossed             -26-              LRB9002753NTsbB
 1        disabilities license plate or parking decal;
 2             (2)  to  knowingly  possess  without  authority  any
 3        person with disabilities license plate or  parking  decal
 4        or device-making implement;
 5             (3)  to  knowingly  duplicate, manufacture, sell, or
 6        transfer   any   fraudulent   or   stolen   person   with
 7        disabilities license plate or parking decal or device;
 8             (4)  to  knowingly  assist   in   the   duplication,
 9        manufacturing, selling, or transferring of any fraudulent
10        or  stolen  person  with  disabilities  license  plate or
11        parking decal or device; or
12             (5)  to advertise or distribute a fraudulent  person
13        with  disabilities  license  plate  or  parking  decal or
14        device.
15        (c)  Sentence.
16             (1)  Any person convicted of  a  violation  of  this
17        Section shall be guilty of a Class 4 felony.
18             (2)  Any  person  who  commits  a  violation of this
19        Section may have his or her driving privileges  suspended
20        or revoked by the Secretary of State for a period of time
21        determined by the Secretary of State.
22        Section  99.   Effective  date.   This  Act  takes effect
23    January 1, 1998.
SB951 Engrossed             -27-              LRB9002753NTsbB
 1                                INDEX
 2               Statutes amended in order of appearance
 3                              SEE INDEX
 4    625 ILCS 5/2-111          from Ch. 95 1/2, par. 2-111
 5    625 ILCS 5/6-206          from Ch. 95 1/2, par. 6-206
 6    625 ILCS 5/11-208         from Ch. 95 1/2, par. 11-208
 7    625 ILCS 5/11-209         from Ch. 95 1/2, par. 11-209
 8    625 ILCS 5/11-1301.2      from Ch. 95 1/2, par. 11-1301.2
 9    625 ILCS 5/11-1301.3      from Ch. 95 1/2, par. 11-1301.3
10    625 ILCS 5/11-1301.5 new
11    625 ILCS 5/11-1301.6 new

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