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Public Act 097-0845


 

Public Act 0845 97TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 097-0845
 
HB5624 EnrolledLRB097 17394 HEP 62596 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 11-1301.1, 11-1301.2, 11-1301.3, and 11-1301.5 as
follows:
 
    (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 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 until January 1,
2014, 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, a parking area subject to
regulation under subsection (a) of Section 11-209 of this Code,
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.
    Beginning January 1, 2014, a vehicle displaying a decal or
device issued under subsection (c-5) of Section 11-1301.2 of
this Code shall be exempt from the payment of fees generated by
parking in a metered space or in a publicly owned parking
structure or area.
(Source: P.A. 95-167, eff. 1-1-08; 96-79, eff. 1-1-10.)
 
    (625 ILCS 5/11-1301.2)  (from Ch. 95 1/2, par. 11-1301.2)
    Sec. 11-1301.2. Special decals for parking; persons with
disabilities.
    (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 may be used by the
authorized holder 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.
    (c-5) Beginning January 1, 2014, the Secretary shall
provide by administrative rule for the issuance of a separate
and distinct parking decal or device for persons with
disabilities as defined by Section 1-159.1 of this Code. The
authorized holder of a decal or device issued under this
subsection (c-5) shall be exempt from the payment of fees
generated by parking in a metered space, a parking area subject
to paragraph (10) of subsection (a) of Section 11-209 of this
Code, or a publicly owned parking structure or area.
    The Secretary shall issue a meter-exempt decal or device to
a person with disabilities who: (i) has been issued
registration plates under Section 3-609 or 3-616 of this Code
or a special decal or device under this Section, (ii) holds a
valid Illinois driver's license; and (iii) is unable to do one
or more of the following:
        (1) manage, manipulate, or insert coins, or obtain
    tickets or tokens in parking meters or ticket machines in
    parking lots or parking structures, due to the lack of fine
    motor control of both hands;
        (2) reach above his or her head to a height of 42
    inches from the ground, due to a lack of finger, hand, or
    upper extremity strength or mobility;
        (3) approach a parking meter due to his or her use of a
    wheelchair or other device for mobility; or
        (4) walk more than 20 feet due to an orthopedic,
    neurological, cardiovascular, or lung condition in which
    the degree of debilitation is so severe that it almost
    completely impedes the ability to walk.
    The application for a meter-exempt parking decal or device
shall contain a statement certified by a licensed physician,
physician assistant, or advanced practice nurse attesting to
the nature and estimated duration of the applicant's condition
and verifying that the applicant meets the physical
qualifications specified in this subsection (c-5).
    Notwithstanding the requirements of this subsection (c-5),
the Secretary shall issue a meter-exempt decal or device to a
person who has been issued registration plates under Section
3-616 of this Code or a special decal or device under this
Section, if the applicant is the parent or guardian of a person
with disabilities who is under 18 years of age and incapable of
driving.
    (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. 95-167, eff. 1-1-08; 96-72, eff. 1-1-10; 96-79,
eff. 1-1-10; 96-1000, eff. 7-2-10.)
 
    (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 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.
Disability license plates and parking decals and devices are
not transferable from person to person. Proper usage of the
disability license plate or parking decal or device requires
the authorized holder to be present and enter or exit the
vehicle at the time the parking privileges are being used. It
is a violation of this Section to park in a space reserved for
a person with disabilities if the authorized holder of the
disability license plate or parking decal or device does not
enter or exit the vehicle at the time the parking privileges
are being used. 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 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) a first time shall be fined $600 $500. Any
person found guilty of violating subsection (a-1) a second time
shall be fined $750. Any person found guilty of violating
subsection (a-1) a third or subsequent time shall be fined
$1,000. The circuit clerk shall distribute 50% of the 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 50% of the fine imposed
shall be shared equally. If an officer of the Secretary of
State Department of Police arrested a person for a violation of
this Section, 50% of the fine imposed shall be deposited into
the Secretary of State Police Services Fund.
    (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
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.
    (g) 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. 95-167, eff. 1-1-08; 95-430, eff. 6-1-08; 95-876,
eff. 8-21-08; 96-72, eff. 1-1-10; 96-79, eff. 1-1-10; 96-962,
eff. 7-2-10; 96-1000, eff. 7-2-10.)
 
    (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 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 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 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 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; or .
        (7) for a physician, physician assistant, or advanced
    practice nurse to knowingly falsify a certification that a
    person is a person with disabilities as defined by Section
    1-159.1 of this Code.
    (c) Sentence.
        (1) Any person convicted of a violation of paragraph
    (1), (2), (3), (4), or (5), or (7) of subsection (b) of
    this Section shall be guilty of a Class A misdemeanor and
    fined not less than $1,000 $500 for a first offense and
    shall be guilty of a Class 4 felony and fined not less than
    $2,000 $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 $1,000 $500 for a first offense and
    not less than $2,000 $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. 95-167, eff. 1-1-08; 96-79, eff. 1-1-10.)

Effective Date: 1/1/2013