SB2285 EnrolledLRB100 15521 AXK 30567 b

1    AN ACT concerning transportation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Vehicle Code is amended by changing
5Sections 11-1301.2, 11-1301.4, and 11-1301.5 as follows:
 
6    (625 ILCS 5/11-1301.2)  (from Ch. 95 1/2, par. 11-1301.2)
7    Sec. 11-1301.2. Special decals for parking; persons with
8disabilities.
9    (a) The Secretary of State shall provide for, by
10administrative rules, the design, size, color, and placement of
11a person with disabilities motorist decal or device and shall
12provide for, by administrative rules, the content and form of
13an application for a person with disabilities motorist decal or
14device, which shall be used by local authorities in the
15issuance thereof to a person with temporary disabilities,
16provided that the decal or device is valid for no more than 90
17days, subject to renewal for like periods based upon continued
18disability, and further provided that the decal or device
19clearly sets forth the date that the decal or device expires.
20The application shall include the requirement of an Illinois
21Identification Card number or a State of Illinois driver's
22license number or, if the applicant does not have an
23identification card or driver's license number, then the

 

 

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1applicant may use a valid identification number issued by a
2branch of the U.S. military or a federally issued Medicare or
3Medicaid identification number. This decal or device may be
4used by the authorized holder to designate and identify a
5vehicle not owned or displaying a registration plate as
6provided in Sections 3-609 and 3-616 of this Act to designate
7when the vehicle is being used to transport said person or
8persons with disabilities, and thus is entitled to enjoy all
9the privileges that would be afforded a person with
10disabilities licensed vehicle. Person with disabilities decals
11or devices issued and displayed pursuant to this Section shall
12be recognized and honored by all local authorities regardless
13of which local authority issued such decal or device.
14    The decal or device shall be issued only upon a showing by
15adequate documentation that the person for whose benefit the
16decal or device is to be used has a disability as defined in
17Section 1-159.1 of this Code and the disability is temporary.
18    (b) The local governing authorities shall be responsible
19for the provision of such decal or device, its issuance and
20designated placement within the vehicle. The cost of such decal
21or device shall be at the discretion of such local governing
22authority.
23    (c) The Secretary of State may, pursuant to Section
243-616(c), issue a person with disabilities parking decal or
25device to a person with disabilities as defined by Section
261-159.1. Any person with disabilities parking decal or device

 

 

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1issued by the Secretary of State shall be registered to that
2person with disabilities in the form to be prescribed by the
3Secretary of State. The person with disabilities parking decal
4or device shall not display that person's address. One
5additional decal or device may be issued to an applicant upon
6his or her written request and with the approval of the
7Secretary of State. The written request must include a
8justification of the need for the additional decal or device.
9    (c-5) Beginning January 1, 2014, the Secretary shall
10provide by administrative rule for the issuance of a separate
11and distinct parking decal or device for persons with
12disabilities as defined by Section 1-159.1 of this Code and who
13meet the qualifications under this subsection. The authorized
14holder of a decal or device issued under this subsection (c-5)
15shall be exempt from the payment of fees generated by parking
16in a metered space, a parking area subject to paragraph (10) of
17subsection (a) of Section 11-209 of this Code, or a publicly
18owned parking area.
19    The Secretary shall issue a meter-exempt decal or device to
20a person with disabilities who: (i) has been issued
21registration plates under subsection (a) of Section 3-609 or
22Section 3-616 of this Code or a special decal or device under
23this Section, (ii) holds a valid Illinois driver's license, and
24(iii) is unable to do one or more of the following:
25        (1) manage, manipulate, or insert coins, or obtain
26    tickets or tokens in parking meters or ticket machines in

 

 

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1    parking lots, due to the lack of fine motor control of both
2    hands;
3        (2) reach above his or her head to a height of 42
4    inches from the ground, due to a lack of finger, hand, or
5    upper extremity strength or mobility;
6        (3) approach a parking meter due to his or her use of a
7    wheelchair or other device for mobility; or
8        (4) walk more than 20 feet due to an orthopedic,
9    neurological, cardiovascular, or lung condition in which
10    the degree of debilitation is so severe that it almost
11    completely impedes the ability to walk.
12    The application for a meter-exempt parking decal or device
13shall contain a statement certified by a licensed physician,
14physician assistant, or advanced practice registered nurse
15attesting to the permanent nature of the applicant's condition
16and verifying that the applicant meets the physical
17qualifications specified in this subsection (c-5).
18    Notwithstanding the requirements of this subsection (c-5),
19the Secretary shall issue a meter-exempt decal or device to a
20person who has been issued registration plates under Section
213-616 of this Code or a special decal or device under this
22Section, if the applicant is the parent or guardian of a person
23with disabilities who is under 18 years of age and incapable of
24driving.
25    (d) Replacement decals or devices may be issued for lost,
26stolen, or destroyed decals upon application and payment of a

 

 

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1$10 fee. The replacement fee may be waived for individuals that
2have claimed and received a grant under the Senior Citizens and
3Persons with Disabilities Property Tax Relief Act.
4    (e) A person classified as a veteran under subsection (e)
5of Section 6-106 of this Code that has been issued a decal or
6device under this Section shall not be required to submit
7evidence of disability in order to renew that decal or device
8if, at the time of initial application, he or she submitted
9evidence from his or her physician or the Department of
10Veterans' Affairs that the disability is of a permanent nature.
11However, the Secretary shall take reasonable steps to ensure
12the veteran still resides in this State at the time of the
13renewal. These steps may include requiring the veteran to
14provide additional documentation or to appear at a Secretary of
15State facility. To identify veterans who are eligible for this
16exemption, the Secretary shall compare the list of the persons
17who have been issued a decal or device to the list of persons
18who have been issued a vehicle registration plate for veterans
19with disabilities under Section 3-609 of this Code, or who are
20identified as a veteran on their driver's license under Section
216-110 of this Code or on their identification card under
22Section 4 of the Illinois Identification Card Act.
23(Source: P.A. 99-143, eff. 7-27-15; 100-513, eff. 1-1-18.)
 
24    (625 ILCS 5/11-1301.4)  (from Ch. 95 1/2, par. 11-1301.4)
25    Sec. 11-1301.4. Reciprocal agreements with other

 

 

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1jurisdictions; temporary decal.
2    (a) The Secretary of State, or his designee, may enter into
3agreements with other jurisdictions, including foreign
4jurisdictions, on behalf of this State relating to the
5extension of parking privileges by such jurisdictions to
6residents of this State with disabilities who display a special
7license plate or parking device that contains the International
8symbol of access on his or her motor vehicle, and to recognize
9such plates or devices issued by such other jurisdictions. This
10State shall grant the same parking privileges which are granted
11to residents of this State with disabilities to any
12non-resident whose motor vehicle is licensed in another state,
13district, territory or foreign country if such vehicle displays
14the International symbol of access or a distinguishing insignia
15on license plates or parking device issued in accordance with
16the laws of the non-resident's state, district, territory or
17foreign country.
18    (b) The Secretary may issue a one-time decal or device to
19any non-resident of this State who is a person with
20disabilities and who is displaced from another jurisdiction due
21to a national disaster as declared by the federal government.
22The person shall provide the Secretary proof that he or she is
23residing at an Illinois residence for the duration of his or
24her time in this State and proof of disability, including, but
25not limited to, a device or decal issued by another
26jurisdiction, a designation on a driver's license or

 

 

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1identification card issued by another jurisdiction, or a
2medical certification by an Illinois licensed physician,
3physician assistant, or advanced practice registered nurse. A
4device or decal issued under this subsection (b) shall be valid
5for a period not to exceed 6 months.
6(Source: P.A. 99-143, eff. 7-27-15.)
 
7    (625 ILCS 5/11-1301.5)
8    Sec. 11-1301.5. Fictitious or unlawfully altered
9disability license plate or parking decal or device.
10    (a) As used in this Section:
11    "Fictitious disability license plate or parking decal or
12device" means any issued disability license plate or parking
13decal or device, or any license plate issued to a veteran with
14a disability under Section 3-609 of this Code, that has been
15issued by the Secretary of State or an authorized unit of local
16government that was issued based upon false information
17contained on the required application.
18    "False information" means any incorrect or inaccurate
19information concerning the name, date of birth, social security
20number, driver's license number, military identification
21number, Medicaid or Medicare identification number, physician
22certification, or any other information required on the Persons
23with Disabilities Certification for Plate or Parking Placard,
24on the Application for Replacement Disability Parking Placard,
25or on the application for license plates issued to veterans

 

 

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1with disabilities under Section 3-609 of this Code, that
2falsifies the content of the application.
3    "Unlawfully altered disability license plate or parking
4permit or device" means any disability license plate or parking
5permit or device, or any license plate issued to a veteran with
6a disability under Section 3-609 of this Code, issued by the
7Secretary of State or an authorized unit of local government
8that has been physically altered or changed in such manner that
9false information appears on the license plate or parking decal
10or device.
11    "Authorized holder" means an individual issued a
12disability license plate under Section 3-616 of this Code or an
13individual issued a parking decal or device under Section
1411-1301.2 of this Code, or an individual issued a license plate
15for veterans with disabilities under Section 3-609 of this
16Code.
17    (b) It is a violation of this Section for any person:
18        (1) to knowingly possess any fictitious or unlawfully
19    altered disability license plate or parking decal or
20    device;
21        (2) to knowingly issue or assist in the issuance of, by
22    the Secretary of State or unit of local government, any
23    fictitious disability license plate or parking decal or
24    device;
25        (3) to knowingly alter any disability license plate or
26    parking decal or device;

 

 

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1        (4) to knowingly manufacture, possess, transfer, or
2    provide any documentation used in the application process
3    whether real or fictitious, for the purpose of obtaining a
4    fictitious disability license plate or parking decal or
5    device;
6        (5) to knowingly provide any false information to the
7    Secretary of State or a unit of local government in order
8    to obtain a disability license plate or parking decal or
9    device;
10        (6) to knowingly transfer a disability license plate or
11    parking decal or device for the purpose of exercising the
12    privileges granted to an authorized holder of a disability
13    license plate or parking decal or device under this Code in
14    the absence of the authorized holder; or
15        (7) who is a physician, physician assistant, or
16    advanced practice registered nurse to knowingly falsify a
17    certification that a person is a person with disabilities
18    as defined by Section 1-159.1 of this Code.
19    (c) Sentence.
20        (1) Any person convicted of a violation of paragraph
21    (1), (2), (3), (4), (5), or (7) of subsection (b) of this
22    Section shall be guilty of a Class A misdemeanor and fined
23    not less than $1,000 for a first offense and shall be
24    guilty of a Class 4 felony and fined not less than $2,000
25    for a second or subsequent offense. Any person convicted of
26    a violation of subdivision (b)(6) of this Section is guilty

 

 

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1    of a Class A misdemeanor and shall be fined not less than
2    $1,000 for a first offense and not less than $2,000 for a
3    second or subsequent offense. The circuit clerk shall
4    distribute one-half of any fine imposed on any person who
5    is found guilty of or pleads guilty to violating this
6    Section, including any person placed on court supervision
7    for violating this Section, to the law enforcement agency
8    that issued the citation or made the arrest. If more than
9    one law enforcement agency is responsible for issuing the
10    citation or making the arrest, one-half of the fine imposed
11    shall be shared equally.
12        (2) Any person who commits a violation of this Section
13    or a similar provision of a local ordinance may have his or
14    her driving privileges suspended or revoked by the
15    Secretary of State for a period of time determined by the
16    Secretary of State. The Secretary of State may suspend or
17    revoke the parking decal or device or the disability
18    license plate of any person who commits a violation of this
19    Section.
20        (3) Any police officer may seize the parking decal or
21    device from any person who commits a violation of this
22    Section. Any police officer may seize the disability
23    license plate upon authorization from the Secretary of
24    State. Any police officer may request that the Secretary of
25    State revoke the parking decal or device or the disability
26    license plate of any person who commits a violation of this

 

 

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1    Section.
2(Source: P.A. 99-143, eff. 7-27-15; 100-513, eff. 1-1-18.)
 
3    Section 99. Effective date. This Act takes effect January
41, 2019.