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| [ Introduced ] | [ Enrolled ] | [ Senate Amendment 001 ] |
92_HB0846eng HB0846 Engrossed LRB9203178DHmb 1 AN ACT in relation to vehicles. 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 1-159.1, 3-616, 11-1301.2, 11-1301.3, 6 11-1301.5, and 11-1301.6 as follows: 7 (625 ILCS 5/1-159.1) (from Ch. 95 1/2, par. 1-159.1) 8 Sec. 1-159.1. Person with disabilities. A natural person 9 who, as determined by a licensed physician: (1)cannot walk10200 feet without stopping to rest; (2)cannot walk without 11 the use of, or assistance from, a brace, cane, crutch, 12 another person, prosthetic device, wheelchair, or other 13 assistive device; (2)(3)is restricted by lung disease to 14 such an extent that his or her forced (respiratory) 15 expiratory volume for one second, when measured by 16 spirometry, is less than one liter, or the arterial oxygen 17 tension is less than 60 mm/hg on room air at rest; (3)(4)18 uses portable oxygen; (4)(5)has a cardiac condition to the 19 extent that the person's functional limitations are 20 classified in severity as Class III or Class IV, according to 21 standards set by the American Heart Association; (5)or (6)22 is severely limited in the person's ability to walk due to an 23 arthritic, neurological, or orthopedic condition; or (6) 24 cannot walk 200 feet without stopping to rest because of one 25 of the above 5 conditions. 26 (Source: P.A. 88-685, eff. 1-24-95.) 27 (625 ILCS 5/3-616) (from Ch. 95 1/2, par. 3-616) 28 Sec. 3-616. Person with disabilities license plates. 29 (a) Upon receiving an application for a certificate of 30 registration for a motor vehicle of the first division or for HB0846 Engrossed -2- LRB9203178DHmb 1 a motor vehicle of the second division weighing no more than 2 8,000 pounds, accompanied with payment of the registration 3 fees required under this Code from a person with disabilities 4 or a person who is deaf or hard of hearingperson, the 5 Secretary of State, if so requested, shall issue to such 6 person registration plates as provided for in Section 3-611, 7 provided that the person with disabilities or person who is 8 deaf or hard of hearing must not be disqualified from 9 obtaining a driver's license under subsection 8 of Section 10 6-103 of this Code, and further provided that any person 11 making such a request must submit a statement certified by a 12 licensed physician to the effect that such person is a person 13 with disabilities as defined by Section 1-159.1 of this Code, 14 or alternatively provide adequate documentation that such 15 person has a Class 1A, Class 2A or Type Four disability 16 under the provisions of Section 4A of the Illinois 17 Identification Card Act. For purposes of this Section, an 18 Illinois Disabled Person Identification Card issued pursuant 19 to the Illinois Identification Card Act indicating that the 20 person thereon named has a disability shall be adequate 21 documentation of such a disability. 22 (b) The Secretary shall issue plates under this Section 23 to a parent or legal guardian of a person withwithout24 disabilities if the person with disabilitiesa member of that25person's immediate familyhas a Class 1A or Class 2A 26 disability as defined in Section 4A of the Illinois 27 Identification Card Act or is a person with disabilities as 28 defined by Section 1-159.1 of this Code, and does not possess 29 a vehicle registered in his or herthenameof the person30with disabilities under Section 3-616, provided that the 31 person with disabilities relies frequently on the parent or 32 legal guardianapplicantfor transportationin the vehicle to33be registered. Only one vehicletwo vehiclesper family may 34 be registered under this subsection, unless the applicant can HB0846 Engrossed -3- LRB9203178DHmb 1 justify in writing the need for one additional set of plates. 2 Any person requesting special plates under this subsection 3 shall submit such documentation or such physician's statement 4 as is required in subsectionparagraph(a) and a statement 5 describing the circumstances qualifying for issuance of 6 special plates under this subsection. 7 (c) The Secretary may issue a person with disabilities 8 parking decal or device to a person with disabilities as 9 defined by Section 1-159.1 without regard to qualification of 10 such person with disabilities for a driver's license or 11 registration of a vehicle by such person with disabilities or 12 such person's immediate family, provided such person with 13 disabilities making such a request has been issued a Disabled 14 Person Identification Card indicating that the person named 15 thereon has a Class 1A or Class 2A disability, or 16 alternatively, submits a statement certified by a licensed 17 physician to the effect that such person is a person with 18 disabilities as defined by Section 1-159.1. 19 (d) The Secretary shall prescribe by rules and 20 regulations procedures to certify or re-certify as necessary 21 the eligibility of persons whose disabilities are other than 22 permanent for special plates or person with disabilities 23 parking decals or devices issued under subsections (a), (b) 24 and (c). Except as provided under subsection (f) of this 25 Section, no such special plates, decals or devices shall be 26 issued by the Secretary of State to or on behalf of any 27 person with disabilities unless such person is certified as 28 meeting the definition of a person with disabilities pursuant 29 to Section 1-159.1 or meeting the requirement of a Type Four 30 disability as provided under Section 4A of the Illinois 31 Identification Card Act for the period of time that the 32 physician determines the applicant will have the disability, 33 but not to exceed 6 months from the date of certification or 34 recertification. HB0846 Engrossed -4- LRB9203178DHmb 1 (e) Any person requesting special plates under this 2 Section may also apply to have the special plates 3 personalized, as provided under Section 3-405.1. 4 (f) The Secretary of State, upon application, shall 5 issue person with disabilities registration plates or a 6 person with disabilities parking decal to corporations, 7 school districts, State or municipal agencies, limited 8 liability companies, nursing homes, convalescent homes, or 9 special education cooperatives which will transport persons 10 with disabilities. The Secretary shall prescribe by rule a 11 means to certify or re-certify the eligibility of 12 organizations to receive person with disabilities plates or 13 decals and to designate which of the 2twoperson with 14 disabilities emblems shall be placed on qualifying vehicles. 15 (g) The Secretary of State, or his designee, may enter 16 into agreements with other jurisdictions, including foreign 17 jurisdictions, on behalf of this State relating to the 18 extension of parking privileges by such jurisdictions to 19 permanently disabled residents of this State who display a 20 special license plate or parking device that contains the 21 International symbol of access on his or her motor vehicle, 22 and to recognize such plates or devices issued by such other 23 jurisdictions. This State shall grant the same parking 24 privileges which are granted to disabled residents of this 25 State to any non-resident whose motor vehicle is licensed in 26 another state, district, territory or foreign country if such 27 vehicle displays the international symbol of access or a 28 distinguishing insignia on license plates or parking device 29 issued in accordance with the laws of the non-resident's 30 state, district, territory or foreign country. 31 (Source: P.A. 91-769, eff. 6-9-00; revised 12-26-00.) 32 (625 ILCS 5/11-1301.2) (from Ch. 95 1/2, par. 11-1301.2) 33 Sec. 11-1301.2. Special decals for a person with HB0846 Engrossed -5- LRB9203178DHmb 1 disabilities parking. 2 (a) The Secretary of State shall provide for, by 3 administrative rules, the design, size, color, and placement 4 of a person with disabilities motorist decal or device and 5 shall provide for, by administrative rules, the content and 6 form of an application for a person with disabilities 7 motorist decal or device, which shall be used by local 8 authorities in the issuance thereof to a person with 9 temporary disabilities, provided that the decal or device is 10 valid for no more than 90 days, subject to renewal for like 11 periods based upon continued disability, and further provided 12 that the decal or device clearly sets forth the date that the 13 decal or device expires. The application shall include the 14 requirement of an Illinois Identification Card number or a 15 State of Illinois driver's license number. This decal or 16 device shall be the property of such person with disabilities 17 and may be used by that person to designate and identify a 18 vehicle not owned or displaying a registration plate as 19 provided in Sections 3-609 and 3-616 of this Act to designate 20 when the vehicle is being used to transport said person or 21 persons with disabilities, and thus is entitled to enjoy all 22 the privileges that would be afforded a person with 23 disabilities licensed vehicle. Person with disabilities 24 decals or devices issued and displayed pursuant to this 25 Section shall be recognized and honored by all local 26 authorities regardless of which local authority issued such 27 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 temporary disability 31 as defined in Section 1-159.1 of this Code. 32 (b) The local governing authorities shall be responsible 33 for the provision of such decal or device, its issuance and 34 designated placement within the vehicle. The cost of such HB0846 Engrossed -6- LRB9203178DHmb 1 decal or device shall be at the discretion of such local 2 governing authority. 3 (c) The Secretary of State may, pursuant to Section 4 3-616(c), issue a person with disabilities parking decal or 5 device to a person with disabilities as defined by Section 6 1-159.1. Any person with disabilities parking decal or 7 device issued by the Secretary of State shall be registered 8 to that person with disabilities in the form to be prescribed 9 by the Secretary of State. The person with disabilities 10 parking decal or device shall not display that person's 11 address. One additional decal or device may be issued to an 12 applicant upon his or her written request and with the 13 approval of the Secretary of State. The written request must 14 include a justification of the need for the additional decal 15 or device. 16 (d) Replacement decals or devices may be issued for 17 lost, stolen, or destroyed decals upon application and 18 payment of a $10 fee. The replacement fee may be waived for 19 individuals that have claimed and received a grant under the 20 Senior Citizens and Disabled Persons Property Tax Relief and 21 Pharmaceutical Assistance Act. 22 (Source: P.A. 90-106, eff. 1-1-98.) 23 (625 ILCS 5/11-1301.3) (from Ch. 95 1/2, par. 11-1301.3) 24 Sec. 11-1301.3. Unauthorized use of parking places 25 reserved for persons with disabilities. 26 (a) It shall be prohibited to park any motor vehicle 27 which is not bearing registration plates or decals issued to 28 a person with disabilities, as defined by Section 1-159.1, 29 pursuant to Sections 3-616, 11-1301.1 or 11-1301.2, or to a 30 disabled veteran pursuant to Section 3-609 of this Act, as 31 evidence that the vehicle is operated by or for a person with 32 disabilities or disabled veteran, in any parking place or 33 access aisle, including any private or public offstreet HB0846 Engrossed -7- LRB9203178DHmb 1 parking facility, specifically reserved, by the posting of an 2 official sign as designated under Section 11-301, for motor 3 vehicles bearing such registration plates. An individual with 4 a vehicle bearing a person with disabilities license plate or 5 parking decal or device issued to a disabled person under 6 Sections 3-616, 11-1301.1, or 11-1301.2 is in violation of 7 this Section if the person is not the authorized holder of a 8 person with disabilities license plate or parking decal or 9 device and is not transporting the authorized holder of a 10 person with disabilities license plate or parking decal or 11 device to or from the parking location and the person uses 12 the person with disabilities license plate or parking decal 13 or device to exercise any privileges granted through the 14 person with disabilities license plates or parking decals or 15 devices under this Code. Any motor vehicle bearing a person 16 with disabilities license plate or a person with disabilities 17 parking decal or device containing the International symbol 18 of access issued to persons with disabilities by any local 19 authority, state, district, territory or foreign country 20 shall be recognized by state and local authorities as a valid 21 license plate or device and receive the same parking 22 privileges as residents of this State. 23 (b) Any person or local authority owning or operating 24 any public or private offstreet parking facility may, after 25 notifying the police or sheriff's department, remove or cause 26 to be removed to the nearest garage or other place of safety 27 any vehicle parked within a stall or space reserved for use 28 by a person with disabilities which does not display person 29 with disabilities registration plates or a special decal or 30 device as required under this Section. 31 (c) Any person found guilty of violating the provisions 32 of this Section shall be fined $100 in addition to any costs 33 or charges connected with the removal or storage of any motor 34 vehicle authorized under this Section; but municipalities by HB0846 Engrossed -8- LRB9203178DHmb 1 ordinance may impose a fine up to $200 and shall display 2 signs indicating the fine imposed. If the amount of the fine 3 is subsequently changed, the municipality shall change the 4 sign to indicate the current amount of the fine. It shall not 5 be a defense to a charge under this Section that the sign 6 posted pursuant to this Section does not comply with the 7 technical requirements of Section 11-301, Department 8 regulations, or local ordinance if a reasonable person would 9 be made aware by the sign or notice on or near the parking 10 place that the place is reserved for a person with 11 disabilities. 12 (d) Local authorities shall impose fines as established 13 in subsection (c) for violations of this Section. 14 (e) As used in this Section, "authorized holder" means 15 an individual issued a person with disabilities license plate 16 under Section 3-616 of this Code or an individual issued a 17 person with disabilities parking decal or device under 18 Section 11-1301.2 of this Code. 19 (Source: P.A. 90-106, eff. 1-1-98; 91-427, eff. 8-6-99.) 20 (625 ILCS 5/11-1301.5) 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 or 25 parking decal or device" means any issued person with 26 disabilities license plate or parking decal or device that 27 has been issued by the Secretary of State or an authorized 28 unit of local government that was issued based upon false 29 information contained on the required application. 30 "False information" means any incorrect or inaccurate 31 information concerning the name, date of birth, social 32 security number, driver's license number, physician 33 certification, or any other information required on the HB0846 Engrossed -9- LRB9203178DHmb 1 application for a person with disabilities license plate or 2 parking permit or device that falsifies the content of the 3 application. 4 "Unlawfully altered person with disabilities license 5 plate or parking permit or device" means any person with 6 disabilities license plate or parking permit or device issued 7 by the Secretary of State or an authorized unit of local 8 government that has been physically altered or changed in 9 such manner that false information appears on the license 10 plate or parking decal or device. 11 "Authorized holder" means an individual issued a person 12 with disabilities license plate under Section 3-616 of this 13 Code or an individual issued a person with disabilities 14 parking decal or device under Section 11-1301.2 of this Code. 15 (b) It is a violation of this Section for any person: 16 (1) to knowingly possess any fictitious or 17 unlawfully altered person with disabilities license plate 18 or parking decal or device; 19 (2) to knowingly issue or assist in the issuance 20 of, by the Secretary of State or unit of local 21 government, any fictitious person with disabilities 22 license plate or parking decal or device; 23 (3) to knowingly alter any person with disabilities 24 license plate or parking decal or device; 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 28 a fictitious person with disabilities license plate or 29 parking decal or device; 30 (5) to knowingly provide any false information to 31 the Secretary of State or a unit of local government in 32 order to obtain a person with disabilities license plate 33 or parking decal or device; or 34 (6) to knowingly transfer a person with HB0846 Engrossed -10- LRB9203178DHmb 1 disabilities license plate or parking decal or device for 2 the purpose of exercising the privileges granted to an 3 authorized holder of a person with disabilities license 4 plate or parking decal or device under this Code in the 5 absence of the authorized holder. 6 (c) Sentence. 7 (1) Any person convicted of a violation of this 8 Section shall be guilty of a Class A misdemeanor. 9 (2) Any person who commits a violation of this 10 Section may have his or her driving privileges suspended 11 or revoked by the Secretary of State for a period of time 12 determined by the Secretary of State. 13 (3) Any police officer may seize the parking decal 14 or device from any person who commits a violation of this 15 Section. Any police officer may seize the person with 16 disabilities license plate upon authorization from the 17 Secretary of State. Any police officer may request that 18 the Secretary of State revoke the parking decal or device 19 or the person with disabilities license plates of any 20 person who commits a violation of this Section. 21 (Source: P.A. 90-106, eff. 1-1-98; 90-655, eff. 7-30-98.) 22 (625 ILCS 5/11-1301.6) 23 Sec. 11-1301.6. Fraudulent person with disabilities 24 license plate or parking decal or device. 25 (a) As used in this Section: 26 "Fraudulent person with disabilities license plate 27 or parking decal or device" means any person with 28 disabilities license plate or parking decal or device 29 that purports to be an official person with disabilities 30 license plate or parking decal or device and that has not 31 been issued by the Secretary of State or an authorized 32 unit of local government. 33 "Person with disabilities license plate or parking HB0846 Engrossed -11- LRB9203178DHmb 1 decal or device-making implement" means any implement 2 specially designed or primarily used in the manufacture, 3 assembly, or authentication of a person with disabilities 4 license plate or parking decal or device issued by the 5 Secretary of State or a unit of local government. 6 (b) It is a violation of this Section for any person: 7 (1) to knowingly possess any fraudulent person with 8 disabilities license plate or parking decal; 9 (2) to knowingly possess without authority any 10 person with disabilities license plate or parking decal 11 or device-making implement; 12 (3) to knowingly duplicate, manufacture, sell, or 13 transfer any fraudulent or stolen person with 14 disabilities license plate or parking decal or device; 15 (4) to knowingly assist in the duplication, 16 manufacturing, selling, or transferring of any fraudulent 17 or stolen person with disabilities license plate or 18 parking decal or device; or 19 (5) to advertise or distribute a fraudulent person 20 with disabilities license plate or parking decal or 21 device. 22 (c) Sentence. 23 (1) Any person convicted of a violation of this 24 Section shall be guilty of a Class 4 felony. 25 (2) Any person who commits a violation of this 26 Section may have his or her driving privileges suspended 27 or revoked by the Secretary of State for a period of time 28 determined by the Secretary of State. 29 (3) Any police officer may seize the parking decal 30 or device from any person who commits a violation of this 31 Section. Any police officer may seize the person with 32 disabilities license plate upon authorization from the 33 Secretary of State. Any police officer may request that 34 the Secretary of State revoke the parking decal or device HB0846 Engrossed -12- LRB9203178DHmb 1 or the person with disabilities license plates of any 2 person who commits a violation of this Section. 3 (Source: P.A. 90-106, eff. 1-1-98.)