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Full Text of HB3325  96th General Assembly

HB3325sam001 96TH GENERAL ASSEMBLY

Sen. Matt Murphy

Filed: 5/7/2009

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 3325

2     AMENDMENT NO. ______. Amend House Bill 3325 by replacing
3 everything after the enacting clause with the following:
 
4     "Section 5. The Illinois Vehicle Code is amended by
5 changing Sections 3-412 and 12-503 as follows:
 
6     (625 ILCS 5/3-412)  (from Ch. 95 1/2, par. 3-412)
7     Sec. 3-412. Registration plates and registration stickers
8 to be furnished by the Secretary of State.
9     (a) The Secretary of State upon registering a vehicle
10 subject to annual registration for the first time shall issue
11 or shall cause to be issued to the owner one registration plate
12 for a motorcycle, trailer, semitrailer, motorized pedalcycle
13 or truck-tractor, 2 registration plates for other motor
14 vehicles and, where applicable, current registration stickers
15 for motor vehicles of the first division. The provisions of
16 this Section may be made applicable to such vehicles of the

 

 

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1 second division, as the Secretary of State may, from time to
2 time, in his discretion designate. On subsequent annual
3 registrations during the term of the registration plate as
4 provided in Section 3-414.1, the Secretary shall issue or cause
5 to be issued registration stickers as evidence of current
6 registration. However, the issuance of annual registration
7 stickers to vehicles registered under the provisions of
8 Sections 3-402.1 and 3-405.3 of this Code may not be required
9 if the Secretary deems the issuance unnecessary.
10     (b) Every registration plate shall have displayed upon it
11 the registration number assigned to the vehicle for which it is
12 issued, the name of this State, which may be abbreviated, the
13 year number for which it was issued, which may be abbreviated,
14 the phrase "Land of Lincoln" (except as otherwise provided in
15 this Code), and such other letters or numbers as the Secretary
16 may prescribe. However, for apportionment plates issued to
17 vehicles registered under Section 3-402.1 and fleet plates
18 issued to vehicles registered under Section 3-405.3, the phrase
19 "Land of Lincoln" may be omitted to allow for the word
20 "apportioned", the word "fleet", or other similar language to
21 be displayed. Registration plates issued to a vehicle
22 registered as a fleet vehicle may display a designation
23 determined by the Secretary.
24     The Secretary may in his discretion prescribe that letters
25 be used as prefixes only on registration plates issued to
26 vehicles of the first division which are registered under this

 

 

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1 Code and only as suffixes on registration plates issued to
2 other vehicles. Every registration sticker issued as evidence
3 of current registration shall designate the year number for
4 which it is issued and such other letters or numbers as the
5 Secretary may prescribe and shall be of a contrasting color
6 with the registration plates and registration stickers of the
7 previous year.
8     (c) Each registration plate and the required letters and
9 numerals thereon, except the year number for which issued,
10 shall be of sufficient size to be plainly readable from a
11 distance of 100 feet during daylight, and shall be coated with
12 reflectorizing material. The dimensions of the plate issued to
13 vehicles of the first division shall be 6 by 12 inches.
14     (d) The Secretary of State shall issue for every passenger
15 motor vehicle rented without a driver the same type of
16 registration plates as the type of plates issued for a private
17 passenger vehicle.
18     (e) The Secretary of State shall issue for every passenger
19 car used as a taxicab or livery, distinctive registration
20 plates.
21     (f) The Secretary of State shall issue for every motorcycle
22 distinctive registration plates distinguishing between
23 motorcycles having 150 or more cubic centimeters piston
24 displacement, or having less than 150 cubic centimeter piston
25 displacement.
26     (g) Registration plates issued to vehicles for-hire may

 

 

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1 display a designation as determined by the Secretary that such
2 vehicles are for-hire.
3     (h) The Secretary of State shall issue distinctive
4 registration plates for electric vehicles.
5     (i) The Secretary of State shall issue for every public and
6 private ambulance registration plates identifying the vehicle
7 as an ambulance. The Secretary shall forward to the Department
8 of Healthcare and Family Services registration information for
9 the purpose of verification of claims filed with the Department
10 by ambulance owners for payment for services to public
11 assistance recipients.
12     (j) The Secretary of State shall issue for every public and
13 private medical carrier or rescue vehicle livery registration
14 plates displaying numbers within ranges of numbers reserved
15 respectively for medical carriers and rescue vehicles. The
16 Secretary shall forward to the Department of Healthcare and
17 Family Services registration information for the purpose of
18 verification of claims filed with the Department by owners of
19 medical carriers or rescue vehicles for payment for services to
20 public assistance recipients.
21     (k) The Secretary of State shall issue distinctive license
22 plates or distinctive license plate stickers for every vehicle
23 exempted from subsections subsection (a) and (a-5) of Section
24 12-503 by subsection (g) of that Section, and by subsection
25 (g-5) of that Section before its deletion by this amendatory
26 Act of the 95th General Assembly. The Secretary shall issue

 

 

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1 these plates or stickers immediately upon receiving the
2 physician's certification required under subsection (g) of
3 Section 12-503. New plates or stickers shall also be issued
4 when the certification is renewed as provided in that
5 subsection.
6 (Source: P.A. 94-239, eff. 1-1-06; 94-564, eff. 8-12-05;
7 95-202, eff. 8-16-07; 95-331, eff. 8-21-07.)
 
8     (625 ILCS 5/12-503)  (from Ch. 95 1/2, par. 12-503)
9     Sec. 12-503. Windshields must be unobstructed and equipped
10 with wipers.
11     (a) No person shall drive a motor vehicle with any sign,
12 poster, window application, reflective material, nonreflective
13 material or tinted film upon the front windshield, except that
14 a sidewings or side windows immediately adjacent to each side
15 of the driver. A nonreflective tinted film may be used along
16 the uppermost portion of the windshield if such material does
17 not extend more than 6 inches down from the top of the
18 windshield. Nothing in this Section shall create a cause of
19 action on behalf of a buyer against a dealer or manufacturer
20 who sells a motor vehicle with a window which is in violation
21 of this Section.
22     (a-5) No window treatment or tinting shall be applied to
23 the windows immediately adjacent to each side of the driver,
24 except:
25         (1) on vehicles where none of the windows to the rear

 

 

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1     of the driver's seat are treated in a manner that allows
2     less than 30% light transmittance, a nonreflective tinted
3     film that allows at least 50% light transmittance, with a
4     5% variance observed by any law enforcement official
5     metering the light transmittance, may be used on the side
6     windows immediately adjacent to each side of the driver.
7         (2) on vehicles where none of the windows to the rear
8     of the driver's seat are treated in a manner that allows
9     less than 35% light transmittance, a nonreflective tinted
10     film that allows at least 35% light transmittance, with a
11     5% variance observed by any law enforcement official
12     metering the light transmittance, may be used on the side
13     windows immediately adjacent to each side of the driver.
14         (3) on multipurpose passenger vehicles, as defined by
15     Section 1-148.3b of this Code, a nonreflective tinted film
16     originally applied by the manufacturer, that allows at
17     least 50% light transmittance, with a 5% variance observed
18     by any law enforcement official metering the light
19     transmittance, may be used on the side windows immediately
20     adjacent to each side of the driver.
21     (b) On motor vehicles where window treatment has not been
22 applied to the windows immediately adjacent to each side of the
23 driver, Nothing contained in this Section shall prohibit the
24 use of a nonreflective, smoked or tinted glass, nonreflective
25 film, perforated window screen or other decorative window
26 application on windows to the rear of the driver's seat shall

 

 

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1 be allowed, except that any motor vehicle with a window to the
2 rear of the driver's seat treated in this manner shall be
3 equipped with a side mirror on each side of the motor vehicle
4 which are in conformance with Section 12-502.
5     (c) No person shall drive a motor vehicle with any objects
6 placed or suspended between the driver and the front
7 windshield, rear window, side wings or side windows immediately
8 adjacent to each side of the driver which materially obstructs
9 the driver's view.
10     (d) Every motor vehicle, except motorcycles, shall be
11 equipped with a device, controlled by the driver, for cleaning
12 rain, snow, moisture or other obstructions from the windshield;
13 and no person shall drive a motor vehicle with snow, ice,
14 moisture or other material on any of the windows or mirrors,
15 which materially obstructs the driver's clear view of the
16 highway.
17     (e) No person shall drive a motor vehicle when the
18 windshield, side or rear windows are in such defective
19 condition or repair as to materially impair the driver's view
20 to the front, side or rear. A vehicle equipped with a side
21 mirror on each side of the vehicle which are in conformance
22 with Section 12-502 will be deemed to be in compliance in the
23 event the rear window of the vehicle is materially obscured.
24     (f) Paragraphs (a), (a-5), and (b) of this Section shall
25 not apply to:
26         (1) (Blank). motor vehicles manufactured prior to

 

 

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1     January 1, 1982; or
2         (2) to those motor vehicles properly registered in
3     another jurisdiction.
4     (g) Paragraphs Paragraph (a) and (a-5) of this Section
5 shall not apply to any motor vehicle with a window treatment,
6 including but not limited to a window application, reflective
7 material, nonreflective material, or tinted film, applied or
8 affixed to a motor vehicle for which distinctive license plates
9 or license plate stickers have been issued pursuant to
10 subsection (k) of Section 3-412 of this Code, and which: that:
11         (1) is owned and operated by a person afflicted with or
12     suffering from a medical illness, ailment, or disease,
13     including but not limited to systemic or discoid lupus
14     erythematosus, disseminated superficial actinic
15     porokeratosis, or albinism, which would require that
16     person to be shielded from the direct rays of the sun; or
17         (2) is used in transporting a person when the person
18     resides at the same address as the registered owner of the
19     vehicle and the person is afflicted with or suffering from
20     a medical illness, ailment or disease which would require
21     the person to be shielded from the direct rays of the sun,
22     including but not limited to systemic or discoid lupus
23     erythematosus, disseminated superficial actinic
24     porokeratosis, or albinism.
25         The owner must obtain a certified statement or letter
26     written by a physician licensed to practice medicine in

 

 

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1     Illinois that such person owning and operating or being
2     transported in a motor vehicle is afflicted with or suffers
3     from such illness, ailment, or disease, including but not
4     limited to systemic or discoid lupus erythematosus,
5     disseminated superficial actinic porokeratosis, or
6     albinism. However, no exemption from the requirements of
7     subsection (a-5) shall be granted for any condition, such
8     as light sensitivity, for which protection from the direct
9     rays of the sun can be adequately obtained by the use of
10     sunglasses or other eye protective devices.
11         Such , and such certification must be carried in the
12     motor vehicle at all times. The certification shall be
13     legible and shall contain the date of issuance, the name,
14     address and signature of the attending physician, and the
15     name, address, and medical condition of the person
16     requiring exemption. The information on the certificate
17     for a window treatment must remain current and shall be
18     renewed annually by the attending physician. The owner
19     shall also submit a copy of the certification to the
20     Secretary of State. The Secretary of State may forward
21     notice of certification to law enforcement agencies.
22     (g-5) (Blank).
23     (g-7) Installers shall only install window treatment
24 authorized by subsection (g) on motor vehicles for which
25 distinctive plates or license plate stickers have been issued
26 pursuant to subsection (k) of Section 3-412 of this Code. The

 

 

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1 distinctive license plates or plate sticker must be on the
2 motor vehicle at the time of window treatment installation.
3     (h) Paragraph (a) of this Section shall not apply to motor
4 vehicle stickers or other certificates issued by State or local
5 authorities which are required to be displayed upon motor
6 vehicle windows to evidence compliance with requirements
7 concerning motor vehicles.
8     (i) (Blank). Those motor vehicles exempted under paragraph
9 (f)(1) of this Section shall not cause their windows to be
10 treated as described in paragraph (a) after January 1, 1993.
11     (j) A person found guilty of violating paragraphs (a),
12 (a-5), (b), or (g-7) (i) of this Section shall be guilty of a
13 petty offense and fined no less than $50 nor more than $500. A
14 second or subsequent violation of paragraphs (a), (a-5), (b),
15 or (g-7) (i) of this Section shall be treated as a Class C
16 misdemeanor and the violator fined no less than $100 nor more
17 than $500. Any person convicted under paragraphs (a), (a-5), or
18 (b), or (i) of this Section shall be ordered to alter any
19 nonconforming windows into compliance with this Section.
20     (k) Nothing in this Section shall create a cause of action
21 on behalf of a buyer against a vehicle dealer or manufacturer
22 who sells a motor vehicle with a window which is in violation
23 of this Section.
24 (Source: P.A. 94-564, eff. 8-12-05; 95-202, eff. 8-16-07.)
 
25     Section 99. Effective date. This Act takes effect upon

 

 

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1 becoming law.".