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Public Act 095-0167


 

Public Act 0167 95TH GENERAL ASSEMBLY



 


 
Public Act 095-0167
 
HB3132 Enrolled LRB095 06796 DRH 26912 b

    AN ACT concerning transportation.
 
    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 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:
 
    (625 ILCS 5/3-604)  (from Ch. 95 1/2, par. 3-604)
    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
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.
    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.
(Source: P.A. 88-685, eff. 1-24-95; 89-245, eff. 1-1-96.)
 
    (625 ILCS 5/3-609)  (from Ch. 95 1/2, par. 3-609)
    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
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 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.
    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 such
application with the payment of any fee.
    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.
    The Illinois Veterans Commission may assist in providing
the documentation of disability.
(Source: P.A. 86-444; 87-895.)
 
    (625 ILCS 5/3-609.01 new)
    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
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.
    (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.
    (d) The Illinois Veterans Commission may assist in
providing the documentation of disability.
 
    (625 ILCS 5/11-209)  (from Ch. 95 1/2, par. 11-209)
    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.
    (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
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:
        1. The erection of stop signs, flashing signals, person
    with disabilities parking area signs or yield signs at
    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.
        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.
        3. The regulation of a crossing of any roadway in the
    parking area by pedestrians.
        4. The designation of any separate roadway in the
    parking area for one-way traffic.
        5. The establishment and regulation of loading zones.
        6. The prohibition, regulation, restriction or
    limitation of the stopping, standing or parking of vehicles
    in specified areas of the parking area.
        7. The designation of safety zones in the parking area
    and fire lanes.
        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
    charges for such removal and storage by the owner or
    operator of any such vehicle.
        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,
    hospital, church, property owner, apartment complex owner,
    or condominium complex unit owners' association, or that a
    percentage of the cost be shared by the parties to the
    contract.
        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.
        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
    spaces are reserved for persons with disabilities.
        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.
    (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.
    (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.
    (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
authorities shall issue a parking ticket to such parking
violator and issue a fine in accordance with Section 11-1301.3.
    (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
premises.
    (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.
    (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.
    (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.
    (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.
    (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.
    (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.
    (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
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.
    (l) The provisions of this Section shall not be deemed to
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.
    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.
(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.)
 
    (625 ILCS 5/11-1301.1)  (from Ch. 95 1/2, par. 11-1301.1)
    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
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
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
person is the person to whom the special registration plates,
special decal or device was issued.
    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.
    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.
(Source: P.A. 90-106, eff. 1-1-98.)
 
    (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, 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.
    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. 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.)
 
    (625 ILCS 5/11-1301.5)
    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)
    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.)

Effective Date: 1/1/2008