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Public Act 095-0167 |
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AN ACT concerning transportation.
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Be it enacted by the People of the State of Illinois, | ||||
represented in the General Assembly:
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Section 5. The Illinois Vehicle Code is amended by changing | ||||
Sections 3-604, 3-609, 11-209, 11-1301.1, 11-1301.2, | ||||
11-1301.3, 11-1301.5, and 11-1301.6 and by adding Section | ||||
3-609.01 as follows:
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(625 ILCS 5/3-604) (from Ch. 95 1/2, par. 3-604)
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Sec. 3-604. Expiration of special plates. Every special | ||||
plate issued,
except those issued for dealers, manufacturers | ||||
and transporters under
Section 3-602 and persons with | ||||
disabilities under Sections
3-609 , 3-609.01, or 3-616, or deaf | ||||
or hard of
hearing under Section 3-616 of this Code, may be | ||||
issued for a 2
year period beginning January 1st of each | ||||
odd-numbered year and ending
December 31st of the subsequent | ||||
even-numbered year. The special plates issued
to a person with
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disabilities or a person who is deaf or hard of hearing shall | ||||
expire according
to the multi-year procedure as established
by | ||||
Section 3-414 of this Code.
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Special plates issued to members of the General Assembly | ||||
under Section
3-606 shall expire at midnight on the 31st day of | ||||
January in odd-numbered
years.
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(Source: P.A. 88-685, eff. 1-24-95; 89-245, eff. 1-1-96.)
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(625 ILCS 5/3-609) (from Ch. 95 1/2, par. 3-609)
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Sec. 3-609. Disabled Veterans' Plates. Any disabled | ||
veteran whose degree of disability has been declared to be 100% | ||
by the United States Department of Veterans Affairs and who has
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been or declared eligible for funds for the purchase of a motor
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vehicle of the first division or for a motor vehicle of the | ||
second division
weighing not more than 8,000 pounds by the | ||
United States Federal Government
because of his disability, may | ||
make application for the registration of one
such vehicle, to | ||
the Secretary of State without the payment of any
registration | ||
fee. Registration shall be for a multi-year period effective
in | ||
1980 and may be issued staggered registration.
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Any disabled veteran of World War I, of World War II, of | ||
the National
Emergency between June 25, 1950 and January 31, | ||
1955 or of the period
beginning February 1, 1955 and ending on | ||
the day before the first day
thereafter in which individuals | ||
(other than individuals liable for
induction by reason of prior | ||
deferment) are no longer liable for
induction for training and | ||
service into the armed forces under the
Military Selective | ||
Service Act of 1967, or of any armed conflict
involving the | ||
armed forces of the United States, who has a
service-connected | ||
disability of such a nature that it would, if it had
been | ||
incurred in World War II, have entitled him to be awarded an
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automobile by the United States Federal Government, or who is | ||
receiving
compensation from the Veterans Administration for |
total service-connected
disability, may make application to | ||
the Secretary of State for the
registration of one motor | ||
vehicle of the first division without
accompanying such | ||
application with the payment of any fee.
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Renewal of such registration must be accompanied with | ||
documentation
for eligibility of registration without fee | ||
unless the applicant has a
permanent qualifying disability, and | ||
such registration plates may not be
issued to any person not | ||
eligible therefor.
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The Illinois Veterans Commission may assist in providing | ||
the
documentation of disability.
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(Source: P.A. 86-444; 87-895.)
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(625 ILCS 5/3-609.01 new)
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Sec. 3-609.01. Handicapped Veterans' plates. | ||
(a) Any disabled veteran whose degree of disability has | ||
been declared to be less than 100% by the United States | ||
Department of Veterans Affairs and who has
been or declared | ||
eligible for funds for the purchase of a motor
vehicle of the | ||
first division or for a motor vehicle of the second division
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weighing not more than 8,000 pounds by the United States | ||
Federal Government
because of his or her disability, may make | ||
application for the registration of one
of those vehicles, to | ||
the Secretary of State without the payment of any
registration | ||
fee. Registration shall be for a multi-year period and may be | ||
issued staggered registration. |
(b) Any disabled veteran of World War I, of World War II, | ||
of the National
Emergency between June 25, 1950 and January 31, | ||
1955 or of the period
beginning February 1, 1955 and ending on | ||
the day before the first day
thereafter in which individuals | ||
(other than individuals liable for
induction by reason of prior | ||
deferment) are no longer liable for
induction for training and | ||
service into the armed forces under the
Military Selective | ||
Service Act of 1967, or of any armed conflict
involving the | ||
armed forces of the United States, who has a
service-connected | ||
disability of such a nature that it would, if it had
been | ||
incurred in World War II, have entitled him to be awarded an
| ||
automobile by the United States Federal Government, or who is | ||
receiving
compensation from the Veterans Administration for | ||
total service-connected
disability, may make application to | ||
the Secretary of State for the
registration of one motor | ||
vehicle of the first division without
accompanying his or her | ||
application with the payment of any fee.
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(c) Renewal of this registration must be accompanied with | ||
documentation
for eligibility of registration without fee | ||
unless the applicant has a
permanent qualifying disability, and | ||
these registration plates may not be
issued to any person not | ||
eligible to receive them.
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(d) The Illinois Veterans Commission may assist in | ||
providing the
documentation of disability.
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(625 ILCS 5/11-209) (from Ch. 95 1/2, par. 11-209)
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Sec. 11-209. Powers of municipalities and counties - | ||
Contract with
school boards, hospitals, churches, condominium | ||
complex unit owners'
associations, and commercial and | ||
industrial facility, shopping center,
and apartment complex | ||
owners for regulation of traffic.
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(a) The corporate authorities of any municipality or the | ||
county
board of any county, and a school board, hospital, | ||
church, condominium
complex unit owners' association, or owner | ||
of any
commercial and industrial facility,
shopping center, or | ||
apartment complex which controls a parking area
located within | ||
the limits of the municipality, or outside the limits of
the | ||
municipality and within the boundaries of the county, may, by
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contract, empower the municipality or county to regulate the | ||
parking of
automobiles and the traffic at such parking area. | ||
Such contract shall
empower the municipality or county to | ||
accomplish all or any part of the
following:
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1. The erection of stop signs, flashing signals, person | ||
with
disabilities parking area signs or yield signs at
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specified locations in a parking area and the adoption of | ||
appropriate
regulations thereto pertaining, or the | ||
designation of any intersection
in the parking area as a | ||
stop intersection or as a yield intersection
and the | ||
ordering of like signs or signals at one or more entrances | ||
to
such intersection, subject to the provisions of this | ||
Chapter.
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2. The prohibition or regulation of the turning of |
vehicles or
specified types of vehicles at intersections or | ||
other designated
locations in the parking area.
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3. The regulation of a crossing of any roadway in the | ||
parking area
by pedestrians.
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4. The designation of any separate roadway in the | ||
parking area for
one-way traffic.
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5. The establishment and regulation of loading zones.
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6. The prohibition, regulation, restriction or | ||
limitation of the
stopping, standing or parking of vehicles | ||
in specified areas of the
parking area.
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7. The designation of safety zones in the parking area | ||
and fire lanes.
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8. Providing for the removal and storage of vehicles | ||
parked or
abandoned in the parking area during snowstorms, | ||
floods, fires, or other
public emergencies, or found | ||
unattended in the parking area, (a) where
they constitute | ||
an obstruction to traffic, or (b) where stopping,
standing | ||
or parking is prohibited, and for the payment of reasonable
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charges for such removal and storage by the owner or | ||
operator of any
such vehicle.
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9. Providing that the cost of planning, installation, | ||
maintenance
and enforcement of parking and traffic | ||
regulations pursuant to any
contract entered into under the | ||
authority of this paragraph (a) of this
Section be borne by | ||
the municipality or county, or by the school board,
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hospital, church, property owner, apartment complex owner,
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or condominium complex unit owners' association,
or that a
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percentage of the cost be shared by the parties to the | ||
contract.
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10. Causing the installation of parking meters on the | ||
parking area
and establishing whether the expense of | ||
installing said parking meters
and maintenance thereof | ||
shall be that of the municipality or county, or
that of the | ||
school board, hospital, church, condominium complex unit | ||
owners'
association, shopping center or
apartment complex | ||
owner.
All moneys obtained from such parking meters as may | ||
be
installed on any parking area shall belong to the | ||
municipality or county.
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11. Causing the installation of parking signs in | ||
accordance with
Section 11-301 in areas of the parking lots | ||
covered by this Section and
where desired by the person | ||
contracting with the appropriate authority
listed in | ||
paragraph (a) of this Section, indicating that such parking
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spaces are reserved for persons with disabilities.
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12. Contracting for such additional reasonable rules | ||
and regulations
with respect to traffic and parking in a | ||
parking area as local
conditions may require for the safety | ||
and convenience of the public or
of the users of the | ||
parking area.
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(b) No contract entered into pursuant to this Section shall | ||
exceed a
period of 20 years. No lessee of a shopping center or | ||
apartment complex
shall enter into such a contract for a longer |
period of time than the
length of his lease.
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(c) Any contract entered into pursuant to this Section | ||
shall be
recorded in the office of the recorder in the county | ||
in which
the parking area is located, and no regulation made | ||
pursuant to the
contract shall be effective or enforceable | ||
until 3 days after the
contract is so recorded.
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(d) At such time as parking and traffic regulations have | ||
been
established at any parking area pursuant to the contract | ||
as provided for
in this Section, then it shall be a petty | ||
offense for any person to do
any act forbidden or to fail to | ||
perform any act required by such parking
or traffic regulation. | ||
If the violation is the parking in a parking space
reserved for | ||
persons with disabilities under paragraph (11) of this Section, | ||
by
a person without special registration plates issued to a | ||
person with
disabilities, as defined by Section 1-159.1, | ||
pursuant to Section
3-616 of this Code, or to a disabled | ||
veteran pursuant to Section 3-609 or 3-609.01 of
this Code, the | ||
local police of the contracting corporate municipal
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authorities shall issue a parking ticket to such parking | ||
violator and issue
a fine in accordance with Section 11-1301.3.
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(e) The term "shopping center", as used in this Section, | ||
means
premises having one or more stores or business | ||
establishments in
connection with which there is provided on | ||
privately-owned property near
or contiguous thereto an area, or | ||
areas, of land used by the public as
the means of access to and | ||
egress from the stores and business
establishments on such |
premises and for the parking of motor vehicles of
customers and | ||
patrons of such stores and business establishments on such
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premises.
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(f) The term "parking area", as used in this Section, means | ||
an area,
or areas, of land near or contiguous to a school, | ||
church, or hospital
building, shopping center, apartment | ||
complex, or condominium
complex,
but not the public highways or | ||
alleys, and used by
the public as the means of access to and | ||
egress from such buildings and
the stores and business | ||
establishments at a shopping center and for the
parking of | ||
motor vehicles.
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(g) The terms "owner", "property owner", "shopping center | ||
owner",
and "apartment complex owner",
as used in this Section, | ||
mean the actual
legal owner of the shopping center parking area | ||
or apartment
complex,
the trust officer of a banking | ||
institution having the right to manage
and control such | ||
property, or a person having the legal right, through
lease or | ||
otherwise, to manage or control the property.
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(g-5) The term "condominium complex unit owners' | ||
association", as used in
this Section, means a "unit owners' | ||
association" as defined in Section 2 of the
Condominium | ||
Property Act.
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(h) The term "fire lane", as used in this Section, means | ||
travel
lanes for the fire fighting equipment upon which there | ||
shall be no
standing or parking of any motor vehicle at any | ||
time so that fire
fighting equipment can move freely thereon.
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(i) The term "apartment complex", as used in this Section, | ||
means
premises having one or more apartments in connection with | ||
which there is
provided on privately-owned property near or | ||
contiguous thereto an area,
or areas, of land used by occupants | ||
of such apartments or their guests
as a means of access to and | ||
egress from such apartments or for the
parking of motor | ||
vehicles of such occupants or their guests.
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(j) The term "condominium complex", as used in this | ||
Section, means
the units, common elements, and limited common | ||
elements that are located on the
parcels, as those terms are | ||
defined in Section 2 of the Condominium Property
Act.
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(k) The term "commercial and industrial facility", as used | ||
in this
Section, means a premises containing one or more | ||
commercial and industrial
facility establishments in | ||
connection with which there is
provided on
privately-owned | ||
property near or contiguous to the premises an area or areas of
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land used by the public as the means of access to and egress | ||
from the
commercial and industrial facility establishment on | ||
the premises and for the
parking of motor vehicles of | ||
customers, patrons, and employees of the
commercial and | ||
industrial facility establishment on the premises.
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(l) The provisions of this Section shall not be deemed to
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prevent local
authorities from enforcing, on private property, | ||
local ordinances imposing
fines, in accordance with Section | ||
11-1301.3, as penalties for use of any
parking
place reserved | ||
for persons with disabilities, as defined by Section 1-159.1, |
or
disabled veterans by any person using a motor vehicle not | ||
bearing registration
plates specified in Section 11-1301.1 or a | ||
special decal or device as defined
in Section 11-1301.2 as | ||
evidence that the vehicle is operated by or for a
person with | ||
disabilities or disabled veteran.
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This amendatory Act of 1972 is not a prohibition upon the | ||
contractual
and associational powers granted by Article VII, | ||
Section 10 of the
Illinois Constitution.
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(Source: P.A. 89-551, eff. 1-1-97; 90-106, eff. 1-1-98; 90-145, | ||
eff. 1-1-98;
90-481, eff. 8-17-97; 90-655, eff. 7-30-98.)
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(625 ILCS 5/11-1301.1) (from Ch. 95 1/2, par. 11-1301.1)
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Sec. 11-1301.1. Persons with disabilities - Parking | ||
privileges - Exemptions. A motor vehicle bearing registration | ||
plates issued to a person with
disabilities, as defined by | ||
Section 1-159.1, pursuant to Section 3-616 or to a
disabled | ||
veteran pursuant to Section 3-609 or 3-609.01 or a special | ||
decal or device issued
pursuant to Section 3-616 or pursuant to | ||
Section 11-1301.2 of this Code or a
motor vehicle registered in | ||
another jurisdiction, state, district, territory or
foreign | ||
country upon which is displayed a registration plate, special | ||
decal or
device issued by the other jurisdiction designating | ||
the vehicle is operated by
or for a person with disabilities | ||
shall be exempt from the payment of parking
meter fees and | ||
exempt from any statute or ordinance imposing time limitations
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on parking, except limitations of one-half hour or less, on any |
street or
highway zone, or any parking lot or parking place | ||
which
are owned, leased or owned and leased by a municipality | ||
or a municipal
parking utility; and shall be recognized by | ||
state and local authorities
as a valid license plate or parking | ||
device and shall receive the same
parking privileges as | ||
residents of this State; but, such vehicle shall be
subject to | ||
the laws which prohibit parking in "no stopping" and "no
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standing" zones in front of or near fire hydrants, driveways, | ||
public
building entrances and exits, bus stops and loading | ||
areas, and is
prohibited from parking where the motor vehicle | ||
constitutes a traffic
hazard, whereby such motor vehicle shall | ||
be moved at the instruction and
request of a law enforcement | ||
officer to a location designated by the
officer. Any motor | ||
vehicle bearing registration plates or a special decal
or | ||
device specified in this Section or in Section 3-616 of this | ||
Code or
such parking device as specifically authorized in | ||
Section 11-1301.2 as
evidence that the vehicle is operated by | ||
or for a person with disabilities or
disabled veteran may park, | ||
in addition to any
other lawful place, in any parking place | ||
specifically reserved for such
vehicles by the posting of an | ||
official sign as provided under Section 11-301.
Parking | ||
privileges granted by this Section are strictly limited
to the | ||
person to whom the special registration plates, special decal | ||
or
device were issued and to qualified operators acting under | ||
his express
direction while the person with disabilities is | ||
present.
A person to whom privileges were granted shall, at the |
request of a
police officer or any other person invested by law | ||
with authority to direct,
control, or regulate traffic, present | ||
an identification card with a picture as
verification that the
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person is the person to whom the special registration plates, | ||
special decal or
device was issued.
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Such parking privileges granted by this Section are also | ||
extended to
motor vehicles of not-for-profit organizations | ||
used for the transportation of
persons with disabilities when | ||
such motor vehicles display the decal or device
issued pursuant | ||
to Section 11-1301.2 of this Code.
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No person shall use any area for the parking of any motor | ||
vehicle
pursuant to Section 11-1303 of this Code or where an | ||
official sign
controlling such area expressly prohibits | ||
parking at any time or during
certain hours.
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(Source: P.A. 90-106, eff. 1-1-98.)
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(625 ILCS 5/11-1301.2) (from Ch. 95 1/2, par. 11-1301.2)
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Sec. 11-1301.2. Special decals for a person with | ||
disabilities parking.
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(a) The Secretary of State shall provide for, by | ||
administrative rules, the
design, size, color, and placement of | ||
a person with disabilities motorist decal
or device
and shall | ||
provide for, by administrative
rules, the content and form of | ||
an application for a person with disabilities
motorist decal or | ||
device,
which shall be used by local authorities in the | ||
issuance thereof to a
person with temporary disabilities, |
provided that the decal or device is
valid for no more than 90 | ||
days, subject to renewal for like periods based upon
continued | ||
disability, and further provided that the decal or device | ||
clearly
sets forth the date that the decal or device expires.
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The application shall
include the requirement of an Illinois | ||
Identification Card number or a State
of Illinois driver's | ||
license number.
This decal or device shall be the property of | ||
such
person with disabilities and may be used by that person to | ||
designate and identify a vehicle not owned or displaying a
| ||
registration plate as provided in Sections 3-609 , 3-609.01, and | ||
3-616 of this Act to
designate when the vehicle is being used | ||
to transport said person or persons
with disabilities, and thus | ||
is entitled to enjoy all the privileges that would
be afforded | ||
a person with disabilities licensed vehicle.
Person with | ||
disabilities decals or devices issued and displayed pursuant to
| ||
this Section shall be recognized and honored by all local | ||
authorities
regardless of which local authority issued such | ||
decal or device.
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The decal or device shall be issued only upon a showing by | ||
adequate
documentation that the person for whose benefit the | ||
decal or device is to be
used has a temporary disability as | ||
defined in Section 1-159.1 of this
Code.
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(b) The local governing authorities shall be responsible | ||
for the provision
of such decal or device, its issuance and | ||
designated placement within the
vehicle. The cost of such decal | ||
or device shall be at the discretion of
such local governing |
authority.
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(c) The Secretary of State may, pursuant to Section | ||
3-616(c), issue
a person with disabilities parking decal or | ||
device to a person with
disabilities as defined by Section | ||
1-159.1. Any person with disabilities
parking decal or device | ||
issued by the Secretary of State shall be registered to
that | ||
person with disabilities in the form to be prescribed by the | ||
Secretary of
State. The person with disabilities parking decal | ||
or device shall not display
that person's address. One | ||
additional decal or device may be issued to an
applicant upon | ||
his or her written request and with the approval of the
| ||
Secretary of
State.
The written request must include a | ||
justification of the need for the
additional decal or device.
| ||
(d) Replacement decals or devices may be issued for lost, | ||
stolen, or
destroyed decals upon application and payment of a | ||
$10 fee. The replacement
fee may be waived for individuals that | ||
have claimed and received a grant under
the Senior Citizens and | ||
Disabled Persons Property Tax Relief and Pharmaceutical
| ||
Assistance Act.
| ||
(Source: P.A. 92-411, eff. 1-1-02.)
| ||
(625 ILCS 5/11-1301.3) (from Ch. 95 1/2, par. 11-1301.3)
| ||
Sec. 11-1301.3. Unauthorized use of parking places | ||
reserved for persons with
disabilities. | ||
(a) It shall be prohibited to park any motor vehicle which | ||
is not properly
displaying
registration plates or decals issued |
to a person with disabilities, as defined
by Section 1-159.1, | ||
pursuant to Sections 3-616, 11-1301.1 or 11-1301.2, or to
a | ||
disabled veteran pursuant to Section 3-609 or 3-609.01 of this | ||
Act, as evidence that the
vehicle is operated by or for a | ||
person with disabilities or disabled veteran,
in any parking | ||
place, including any private
or public offstreet parking | ||
facility, specifically reserved, by the
posting of an official | ||
sign as designated under Section 11-301, for
motor vehicles | ||
displaying such registration plates.
It shall be prohibited to | ||
park any motor vehicle in a designated access
aisle adjacent to | ||
any parking place specifically reserved for persons with
| ||
disabilities, by the posting of an official sign as designated | ||
under Section
11-301, for motor vehicles displaying such | ||
registration plates.
When using the parking privileges for | ||
persons with disabilities, the parking
decal or device must be | ||
displayed properly in the vehicle where it is clearly
visible | ||
to law enforcement personnel, either hanging from the rearview | ||
mirror
or placed on the dashboard of the vehicle in clear view.
| ||
Any motor vehicle properly displaying a disability license | ||
plate or a
parking decal or device containing the International | ||
symbol of access
issued to persons with disabilities by any | ||
local authority, state, district,
territory or foreign country | ||
shall be recognized by State and local
authorities as a valid | ||
license plate or device and receive the same parking
privileges | ||
as residents of this State.
| ||
(a-1) An individual with a vehicle displaying disability |
license plates or a parking decal or device issued to a | ||
qualified person with a disability under Sections 3-616, | ||
11-1301.1, or 11-1301.2 or to a disabled veteran under Section | ||
3-609 or 3-609.01 is in violation of this Section if (i) the | ||
person using the disability license plate or parking decal or | ||
device is not the authorized holder of the disability license | ||
plate or parking decal or device or is not transporting the | ||
authorized holder of the disability license plate or parking | ||
decal or device to or from the parking location and (ii) the | ||
person uses the disability license plate or parking decal or | ||
device to exercise any privileges granted through the | ||
disability license plate or parking decals or devices under | ||
this Code.
| ||
(b) Any person or local authority owning or operating any | ||
public or private
offstreet parking facility may, after | ||
notifying the police or sheriff's
department, remove or cause | ||
to be removed to the nearest garage or other
place of safety | ||
any vehicle parked within a stall or space reserved for
use by | ||
a person with disabilities which does not
display person with | ||
disabilities registration
plates or a special decal or device | ||
as required under this Section.
| ||
(c) Any person found guilty of violating the provisions of | ||
subsection (a) shall be fined $250 in addition to any costs or | ||
charges connected
with the removal or storage of any motor | ||
vehicle authorized under this
Section; but municipalities by | ||
ordinance may impose a fine up to $350
and shall display signs |
indicating the fine imposed. If the amount of
the fine is | ||
subsequently changed, the municipality shall change the sign to
| ||
indicate the current amount of the fine.
It shall not be a | ||
defense to a charge under this Section that either the sign | ||
posted
pursuant to this
Section or the intended accessible | ||
parking place does not comply with the technical requirements | ||
of Section 11-301,
Department
regulations, or local ordinance | ||
if a reasonable person would be made aware by
the
sign or | ||
notice on or near the parking place that the place is reserved | ||
for a
person
with
disabilities.
| ||
(c-1) Any person found guilty of violating the provisions | ||
of subsection (a-1) shall be fined $500. The circuit clerk | ||
shall distribute $250 of the $500 fine imposed on any person | ||
who is found guilty of or pleads guilty to violating this | ||
Section, including any person placed on court supervision for | ||
violating this Section, to the law enforcement agency that | ||
issued the citation or made the arrest. If more than one law | ||
enforcement agency is responsible for issuing the citation or | ||
making the arrest, the $250 shall be shared equally.
| ||
(d) Local authorities shall impose fines as established in | ||
subsections
(c) and (c-1) for violations of this Section.
| ||
(e) As used in this Section, "authorized holder" means an | ||
individual
issued a disability
license plate under Section | ||
3-616 of this
Code, an individual issued a parking decal or | ||
device
under Section 11-1301.2 of this Code, or an individual | ||
issued a disabled veteran's license plate under Section 3-609 |
or 3-609.01 of this Code. | ||
(f) Any person who commits a violation of subsection (a-1) | ||
may have his or her driving privileges suspended or revoked by | ||
the Secretary of State for a period of time determined by the | ||
Secretary of State. The Secretary of State may also suspend or | ||
revoke the disability license plates or parking decal or device | ||
for a period of time determined by the Secretary of State.
| ||
(Source: P.A. 94-619, eff. 1-1-06; 94-930, eff. 6-26-06.)
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(625 ILCS 5/11-1301.5)
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Sec. 11-1301.5. Fictitious or unlawfully altered | ||
disability
license plate or parking decal or device. | ||
(a) As used in this Section:
| ||
"Fictitious disability license plate or parking decal or
| ||
device" means any issued disability license plate or parking
| ||
decal
or device, or any license plate issued to a disabled | ||
veteran under Section 3-609 or 3-609.01 of this Code, that has | ||
been issued by the Secretary of State or an authorized unit
of | ||
local government that was issued based upon false information | ||
contained on
the required application.
| ||
"False information" means any incorrect or inaccurate | ||
information
concerning
the name, date of birth, social security | ||
number, driver's license number,
physician certification, or | ||
any other information required on the Persons with Disabilities | ||
Certification for Plate or Parking Placard, on the Application | ||
for Replacement Disability Parking Placard, or on the
|
application
for license plates issued to disabled veterans | ||
under Section 3-609 or 3-609.01 of this Code, that
falsifies | ||
the content of the application.
| ||
"Unlawfully altered disability
license plate or parking
| ||
permit or device" means any disability license plate or parking
| ||
permit or device, or any license plate issued to a disabled | ||
veteran under Section 3-609 or 3-609.01 of this Code, issued by | ||
the Secretary of State or an authorized unit of
local | ||
government that has been physically altered or changed in such | ||
manner
that false information appears on the license plate or | ||
parking decal or device.
| ||
"Authorized holder" means an individual issued a | ||
disability
license plate under Section 3-616 of this Code or an | ||
individual issued a parking decal or device under Section | ||
11-1301.2 of this Code, or an individual issued a disabled | ||
veteran's license plate under Section 3-609 or 3-609.01 of this | ||
Code.
| ||
(b) It is a violation of this Section for any person:
| ||
(1) to knowingly possess any fictitious or unlawfully | ||
altered disability license plate or parking decal or | ||
device;
| ||
(2) to knowingly issue or assist in the issuance of, by | ||
the Secretary of
State or unit of local government, any | ||
fictitious disability
license plate or parking decal or | ||
device;
| ||
(3) to knowingly alter any disability license plate or
|
parking decal or device;
| ||
(4) to knowingly manufacture, possess, transfer, or | ||
provide any
documentation used in the application process | ||
whether real or fictitious, for
the purpose of obtaining a | ||
fictitious disability license plate or
parking decal or | ||
device;
| ||
(5) to knowingly provide any false information to the | ||
Secretary of State
or a unit of local government in order | ||
to obtain a disability
license plate or parking decal or | ||
device; or
| ||
(6) to knowingly transfer a disability license plate or
| ||
parking decal or device for the purpose of exercising the | ||
privileges granted
to an authorized holder of a disability
| ||
license plate or parking
decal or device under this Code in | ||
the absence of the authorized holder.
| ||
(c) Sentence.
| ||
(1) Any person convicted of a violation of paragraph | ||
(1), (2), (3), (4), or (5) of subsection (b) of this | ||
Section shall be guilty of
a Class A misdemeanor and fined | ||
not less than $500 for a first offense and shall be guilty | ||
of a Class 4 felony and fined not less than $1,000 for a | ||
second or subsequent offense. Any person convicted of a | ||
violation of subdivision (b)(6) of this Section is guilty | ||
of a Class A misdemeanor and shall be fined not less than | ||
$500 for a first offense and not less than $1,000 for a | ||
second or subsequent offense. The circuit clerk shall |
distribute one-half of any fine imposed on any person who | ||
is found guilty of or pleads guilty to violating this | ||
Section, including any person placed on court supervision | ||
for violating this Section, to the law enforcement agency | ||
that issued the citation or made the arrest. If more than | ||
one law enforcement agency is responsible for issuing the | ||
citation or making the arrest, one-half of the fine imposed | ||
shall be shared equally.
| ||
(2) Any person who commits a violation of this Section | ||
may have his
or her driving privileges suspended or revoked | ||
by the Secretary of State for a
period of time determined | ||
by the Secretary of State. The Secretary of State may | ||
suspend or revoke the parking decal or device or the | ||
disability license plate of any person who commits a | ||
violation of this Section.
| ||
(3) Any police officer may seize the parking decal or | ||
device from any
person who commits a violation of this | ||
Section. Any police officer may seize
the disability | ||
license plate upon authorization from the
Secretary of | ||
State. Any police officer may request that the Secretary of | ||
State
revoke the parking decal or device or the disability | ||
license
plate of any person who commits a violation of this | ||
Section.
| ||
(Source: P.A. 94-619, eff. 1-1-06.)
| ||
(625 ILCS 5/11-1301.6)
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Sec. 11-1301.6. Fraudulent disability license plate or
| ||
parking decal or device. | ||
(a) As used in this Section:
| ||
"Fraudulent disability
license plate or parking decal | ||
or
device"
means any disability license plate or parking | ||
decal or device
that purports to be an official disability | ||
license plate or
parking decal or device and that has not | ||
been issued by the Secretary of State
or an authorized unit | ||
of local government.
| ||
"Disability license plate or parking decal or | ||
device-making
implement" means any implement specially | ||
designed or primarily used in the
manufacture, assembly, or | ||
authentication of a disability license
plate or parking | ||
decal or device, or a license plate issued to a disabled | ||
veteran under Section 3-609 or 3-609.01 of this Code, | ||
issued by the Secretary of State or a unit of
local | ||
government.
| ||
(b) It is a violation of this Section for any person:
| ||
(1) to knowingly possess any fraudulent disability | ||
license
plate or parking decal;
| ||
(2) to knowingly possess without authority any | ||
disability
license plate or parking decal or device-making | ||
implement;
| ||
(3) to knowingly duplicate, manufacture, sell, or | ||
transfer any fraudulent
or stolen disability license plate | ||
or parking decal or device;
|
(4) to knowingly assist in the duplication, | ||
manufacturing, selling, or
transferring of any fraudulent, | ||
stolen, or reported lost or damaged disability license | ||
plate
or parking decal or device; or
| ||
(5) to advertise or distribute a fraudulent disability
| ||
license plate or parking decal or device.
| ||
(c) Sentence.
| ||
(1) Any person convicted of a violation of this Section | ||
shall be guilty of
a Class A misdemeanor and fined not less | ||
than $1,000 for a first offense and shall be guilty of a | ||
Class 4 felony and fined not less than $2,000 for a second | ||
or subsequent offense. The circuit clerk shall distribute | ||
half of any fine imposed on any person who is found guilty | ||
of or pleads guilty to violating this Section, including | ||
any person placed on court supervision for violating this | ||
Section, to the law enforcement agency that issued the | ||
citation or made the arrest. If more than one law | ||
enforcement agency is responsible for issuing the citation | ||
or making the arrest, one-half of the fine imposed shall be | ||
shared equally.
| ||
(2) Any person who commits a violation of this Section | ||
may have his
or her driving privileges suspended or revoked | ||
by the Secretary of State for a
period of time determined | ||
by the Secretary of State.
| ||
(3) Any police officer may seize the parking decal or | ||
device from any
person who commits a violation of this |
Section. Any police officer may seize
the disability | ||
license plate upon authorization from the
Secretary of | ||
State. Any police officer may request that the Secretary of | ||
State
revoke the parking decal or device or the disability | ||
license
plate of any person who commits a violation of this | ||
Section.
| ||
(Source: P.A. 94-619, eff. 1-1-06.)
| ||
Section 10. The Motor Fuel Sales Act is amended by changing | ||
Section 2 as follows:
| ||
(815 ILCS 365/2) (from Ch. 121 1/2, par. 1502)
| ||
Sec. 2. Any attendant on duty at a service station | ||
described in Section
1 shall, upon request, dispense motor fuel | ||
for the driver of a car which is
parked at a self-service | ||
island and displays: (a) registration plates issued to
a | ||
physically disabled person pursuant to Section 3-616 of the | ||
Illinois Vehicle
Code; or (b) registration plates issued to a | ||
disabled veteran pursuant
to Section 3-609 or 3-609.01 of such | ||
Code; or (c) a special decal or device issued pursuant
to | ||
Section 11-1301.2 of such Code; and shall only charge such | ||
driver prices
as offered to the general public for motor fuel | ||
dispensed at the self-service
island. However, such attendant | ||
shall not be required to perform other
services which are | ||
offered at the full-service island.
| ||
(Source: P.A. 84-877.)
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