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92nd General Assembly

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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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