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Public Act 92-0411
HB0846 Enrolled LRB9203178DHmb
AN ACT in relation to vehicles.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Vehicle Code is amended by
changing Sections 1-159.1, 3-616, 11-1301.2, 11-1301.3,
11-1301.5, and 11-1301.6 as follows:
(625 ILCS 5/1-159.1) (from Ch. 95 1/2, par. 1-159.1)
Sec. 1-159.1. Person with disabilities. A natural person
who, as determined by a licensed physician: (1) cannot walk
200 feet without stopping to rest; (2) cannot walk without
the use of, or assistance from, a brace, cane, crutch,
another person, prosthetic device, wheelchair, or other
assistive device; (2) (3) is restricted by lung disease to
such an extent that his or her forced (respiratory)
expiratory volume for one second, when measured by
spirometry, is less than one liter, or the arterial oxygen
tension is less than 60 mm/hg on room air at rest; (3) (4)
uses portable oxygen; (4) (5) has a cardiac condition to the
extent that the person's functional limitations are
classified in severity as Class III or Class IV, according to
standards set by the American Heart Association; (5) or (6)
is severely limited in the person's ability to walk due to an
arthritic, neurological, or orthopedic condition; or (6)
cannot walk 200 feet without stopping to rest because of one
of the above 5 conditions.
(Source: P.A. 88-685, eff. 1-24-95.)
(625 ILCS 5/3-616) (from Ch. 95 1/2, par. 3-616)
Sec. 3-616. Person with disabilities license plates.
(a) Upon receiving an application for a certificate of
registration for a motor vehicle of the first division or for
a motor vehicle of the second division weighing no more than
8,000 pounds, accompanied with payment of the registration
fees required under this Code from a person with disabilities
or a person who is deaf or hard of hearing person, the
Secretary of State, if so requested, shall issue to such
person registration plates as provided for in Section 3-611,
provided that the person with disabilities or person who is
deaf or hard of hearing must not be disqualified from
obtaining a driver's license under subsection 8 of Section
6-103 of this Code, and further provided that any person
making such a request must submit a statement certified by a
licensed physician to the effect that such person is a person
with disabilities as defined by Section 1-159.1 of this Code,
or alternatively provide adequate documentation that such
person has a Class 1A, Class 2A or Type Four disability
under the provisions of Section 4A of the Illinois
Identification Card Act. For purposes of this Section, an
Illinois Disabled Person Identification Card issued pursuant
to the Illinois Identification Card Act indicating that the
person thereon named has a disability shall be adequate
documentation of such a disability.
(b) The Secretary shall issue plates under this Section
to a parent or legal guardian of a person with without
disabilities if the person with disabilities a member of that
person's immediate family has a Class 1A or Class 2A
disability as defined in Section 4A of the Illinois
Identification Card Act or is a person with disabilities as
defined by Section 1-159.1 of this Code, and does not possess
a vehicle registered in his or her the name of the person
with disabilities under Section 3-616, provided that the
person with disabilities relies frequently on the parent or
legal guardian applicant for transportation in the vehicle to
be registered. Only one vehicle two vehicles per family may
be registered under this subsection, unless the applicant can
justify in writing the need for one additional set of plates.
Any person requesting special plates under this subsection
shall submit such documentation or such physician's statement
as is required in subsection paragraph (a) and a statement
describing the circumstances qualifying for issuance of
special plates under this subsection.
(c) The Secretary may issue a person with disabilities
parking decal or device to a person with disabilities as
defined by Section 1-159.1 without regard to qualification of
such person with disabilities for a driver's license or
registration of a vehicle by such person with disabilities or
such person's immediate family, provided such person with
disabilities making such a request has been issued a Disabled
Person Identification Card indicating that the person named
thereon has a Class 1A or Class 2A disability, or
alternatively, submits a statement certified by a licensed
physician to the effect that such person is a person with
disabilities as defined by Section 1-159.1.
(d) The Secretary shall prescribe by rules and
regulations procedures to certify or re-certify as necessary
the eligibility of persons whose disabilities are other than
permanent for special plates or person with disabilities
parking decals or devices issued under subsections (a), (b)
and (c). Except as provided under subsection (f) of this
Section, no such special plates, decals or devices shall be
issued by the Secretary of State to or on behalf of any
person with disabilities unless such person is certified as
meeting the definition of a person with disabilities pursuant
to Section 1-159.1 or meeting the requirement of a Type Four
disability as provided under Section 4A of the Illinois
Identification Card Act for the period of time that the
physician determines the applicant will have the disability,
but not to exceed 6 months from the date of certification or
recertification.
(e) Any person requesting special plates under this
Section may also apply to have the special plates
personalized, as provided under Section 3-405.1.
(f) The Secretary of State, upon application, shall
issue person with disabilities registration plates or a
person with disabilities parking decal to corporations,
school districts, State or municipal agencies, limited
liability companies, nursing homes, convalescent homes, or
special education cooperatives which will transport persons
with disabilities. The Secretary shall prescribe by rule a
means to certify or re-certify the eligibility of
organizations to receive person with disabilities plates or
decals and to designate which of the 2 two person with
disabilities emblems shall be placed on qualifying vehicles.
(g) The Secretary of State, or his designee, may enter
into agreements with other jurisdictions, including foreign
jurisdictions, on behalf of this State relating to the
extension of parking privileges by such jurisdictions to
permanently disabled residents of this State who display a
special license plate or parking device that contains the
International symbol of access on his or her motor vehicle,
and to recognize such plates or devices issued by such other
jurisdictions. This State shall grant the same parking
privileges which are granted to disabled residents of this
State to any non-resident whose motor vehicle is licensed in
another state, district, territory or foreign country if such
vehicle displays the international symbol of access or a
distinguishing insignia on license plates or parking device
issued in accordance with the laws of the non-resident's
state, district, territory or foreign country.
(Source: P.A. 91-769, eff. 6-9-00; revised 12-26-00.)
(625 ILCS 5/11-1301.2) (from Ch. 95 1/2, par. 11-1301.2)
Sec. 11-1301.2. Special decals for a person with
disabilities parking.
(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. 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 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.
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.
(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.
(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. 90-106, eff. 1-1-98.)
(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 bearing 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 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 bearing
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 bearing
such registration plates. An individual with a vehicle
bearing a person with disabilities license plate or parking
decal or device issued to a disabled person under Sections
3-616, 11-1301.1, or 11-1301.2 is in violation of this
Section if the person is not the authorized holder of a
person with disabilities license plate or parking decal or
device and is not transporting the authorized holder of a
person with disabilities license plate or parking decal or
device to or from the parking location and the person uses
the person with disabilities license plate or parking decal
or device to exercise any privileges granted through the
person with disabilities license plates or parking decals or
devices under this Code. Any motor vehicle bearing a person
with disabilities license plate or a person with disabilities
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.
(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 this Section shall be fined $100 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 $200 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 the sign
posted pursuant to this Section 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.
(d) Local authorities shall impose fines as established
in subsection (c) for violations of this Section.
(e) As used in this Section, "authorized holder" means
an individual issued a person with disabilities license plate
under Section 3-616 of this Code or an individual issued a
person with disabilities parking decal or device under
Section 11-1301.2 of this Code.
(Source: P.A. 90-106, eff. 1-1-98; 91-427, eff. 8-6-99.)
(625 ILCS 5/11-1301.5)
Sec. 11-1301.5. Fictitious or unlawfully altered person
with disabilities license plate or parking decal or device.
(a) As used in this Section:
"Fictitious person with disabilities license plate or
parking decal or device" means any issued person with
disabilities license plate or parking decal or device 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
application for a person with disabilities license plate or
parking permit or device that falsifies the content of the
application.
"Unlawfully altered person with disabilities license
plate or parking permit or device" means any person with
disabilities license plate or parking permit or device 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 person
with disabilities license plate under Section 3-616 of this
Code or an individual issued a person with disabilities
parking decal or device under Section 11-1301.2 of this Code.
(b) It is a violation of this Section for any person:
(1) to knowingly possess any fictitious or
unlawfully altered person with disabilities 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 person with disabilities
license plate or parking decal or device;
(3) to knowingly alter any person with disabilities
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 person with disabilities 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 person with disabilities license plate
or parking decal or device; or
(6) to knowingly transfer a person with
disabilities license plate or parking decal or device for
the purpose of exercising the privileges granted to an
authorized holder of a person with disabilities 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 this
Section shall be guilty of a Class A misdemeanor.
(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 person with
disabilities 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 person with disabilities license plate of any
person who commits a violation of this Section.
(Source: P.A. 90-106, eff. 1-1-98; 90-655, eff. 7-30-98.)
(625 ILCS 5/11-1301.6)
Sec. 11-1301.6. Fraudulent person with disabilities
license plate or parking decal or device.
(a) As used in this Section:
"Fraudulent person with disabilities license plate
or parking decal or device" means any person with
disabilities license plate or parking decal or device
that purports to be an official person with disabilities
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.
"Person with disabilities 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 person with disabilities
license plate or parking decal or device 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 person with
disabilities license plate or parking decal;
(2) to knowingly possess without authority any
person with disabilities license plate or parking decal
or device-making implement;
(3) to knowingly duplicate, manufacture, sell, or
transfer any fraudulent or stolen person with
disabilities license plate or parking decal or device;
(4) to knowingly assist in the duplication,
manufacturing, selling, or transferring of any fraudulent
or stolen person with disabilities license plate or
parking decal or device; or
(5) to advertise or distribute a fraudulent person
with disabilities 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 4 felony.
(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 person with
disabilities 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 person with disabilities license plate of any
person who commits a violation of this Section.
(Source: P.A. 90-106, eff. 1-1-98.)
Passed in the General Assembly May 22, 2001.
Approved August 17, 2001.
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