Sen. Ram Villivalam

Filed: 11/30/2022

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 5049

2    AMENDMENT NO. ______. Amend House Bill 5049 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Illinois Vehicle Code is amended by
5changing Sections 3-616, 6-109, 11-1301.2, 11-1301.4, and
611-1301.5 and by adding Section 3-606.5 as follows:
 
7    (625 ILCS 5/3-606.5 new)
8    Sec. 3-606.5. Retired Executive Branch Constitutional
9Officers. Upon receipt of a request from a retired executive
10branch constitutional officer, accompanied by the appropriate
11application and fee, the Secretary of State shall issue to the
12retired executive branch constitutional officer plates bearing
13appropriate wording or abbreviations indicating that the
14holder is a retired executive branch constitutional officer
15and the office held. Such plates may be issued for a 2-year
16period beginning on January 1 of each odd-numbered year and

 

 

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1ending on December 31 of the subsequent even-numbered year.
2Upon the death of a retired executive branch constitutional
3officer who has been issued a retired executive branch
4constitutional officer plate, the retired executive branch
5constitutional officer's surviving spouse shall be entitled to
6retain the plate so long as the surviving spouse is a resident
7of Illinois and transfers the registration to his or her name
8within 90 days of the death of the retired executive branch
9constitutional officer. For purposes of this Section, "retired
10executive branch constitutional officer" means any individual
11who has served at least one full term of office as (i)
12Governor; (ii) Lieutenant Governor; (iii) Attorney General;
13(iv) Secretary of State; (v) Comptroller; or (vi) Treasurer;
14and who was not removed from office pursuant to Section 14 of
15Article IV of the Illinois Constitution of 1970.
 
16    (625 ILCS 5/3-616)  (from Ch. 95 1/2, par. 3-616)
17    Sec. 3-616. Disability license plates.
18    (a) Upon receiving an application for a certificate of
19registration for a motor vehicle of the first division or for a
20motor vehicle of the second division weighing no more than
218,000 pounds, accompanied with payment of the registration
22fees required under this Code from a person with disabilities
23or a person who is deaf or hard of hearing, the Secretary of
24State, if so requested, shall issue to such person
25registration plates as provided for in Section 3-611, provided

 

 

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1that the person with disabilities or person who is deaf or hard
2of hearing must not be disqualified from obtaining a driver's
3license under subsection 8 of Section 6-103 of this Code, and
4further provided that any person making such a request must
5submit a statement, certified by a licensed medical
6professional physician, by a licensed physician assistant, or
7by a licensed advanced practice registered nurse, to the
8effect that such person is a person with disabilities as
9provided under defined by Section 1-159.1 of this Code, or
10alternatively provide adequate documentation that such person
11has a Class 1A, Class 2A or Type Four disability under the
12provisions of Section 4A of the Illinois Identification Card
13Act. For purposes of this Section, an Illinois Person with a
14Disability Identification Card issued pursuant to the Illinois
15Identification Card Act indicating that the person thereon
16named has a disability shall be adequate documentation of such
17a disability.
18    (b) The Secretary shall issue plates under this Section to
19a parent or legal guardian of a person with disabilities if the
20person with disabilities has a Class 1A or Class 2A disability
21as defined in Section 4A of the Illinois Identification Card
22Act or is a person with disabilities as defined by Section
231-159.1 of this Code, and does not possess a vehicle
24registered in his or her name, provided that the person with
25disabilities relies frequently on the parent or legal guardian
26for transportation. Only one vehicle per family may be

 

 

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1registered under this subsection, unless the applicant can
2justify in writing the need for one additional set of plates.
3Any person requesting special plates under this subsection
4shall submit such documentation or such licensed medical
5professional's physician's, physician assistant's, or advanced
6practice registered nurse's statement as is required in
7subsection (a) and a statement describing the circumstances
8qualifying for issuance of special plates under this
9subsection. An optometrist may certify a Class 2A Visual
10Disability, as defined in Section 4A of the Illinois
11Identification Card Act, for the purpose of qualifying a
12person with disabilities for special plates under this
13subsection.
14    (c) The Secretary may issue a parking decal or device to a
15person with disabilities as defined by Section 1-159.1 without
16regard to qualification of such person with disabilities for a
17driver's license or registration of a vehicle by such person
18with disabilities or such person's immediate family, provided
19such person with disabilities making such a request has been
20issued an Illinois Person with a Disability Identification
21Card indicating that the person named thereon has a Class 1A or
22Class 2A disability, or alternatively, submits a statement
23certified by a licensed medical professional physician, or by
24a licensed physician assistant or a licensed advanced practice
25registered nurse as provided in subsection (a), to the effect
26that such person is a person with disabilities as provided

 

 

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1under defined by Section 1-159.1. An optometrist may certify a
2Class 2A Visual Disability as defined in Section 4A of the
3Illinois Identification Card Act for the purpose of qualifying
4a person with disabilities for a parking decal or device under
5this subsection.
6    (d) The Secretary shall prescribe by rules and regulations
7procedures to certify or re-certify as necessary the
8eligibility of persons whose disabilities are other than
9permanent for special plates or parking decals or devices
10issued under subsections (a), (b) and (c). Except as provided
11under subsection (f) of this Section, no such special plates,
12decals or devices shall be issued by the Secretary of State to
13or on behalf of any person with disabilities unless such
14person is certified as meeting the definition of a person with
15disabilities pursuant to Section 1-159.1 or meeting the
16requirement of a Type Four disability as provided under
17Section 4A of the Illinois Identification Card Act for the
18period of time that the licensed medical professional,
19physician, or the physician assistant or advanced practice
20registered nurse as provided in subsection (a), determines the
21applicant will have the disability, but not to exceed 6 months
22from the date of certification or recertification.
23    (e) Any person requesting special plates under this
24Section may also apply to have the special plates
25personalized, as provided under Section 3-405.1.
26    (f) The Secretary of State, upon application, shall issue

 

 

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1disability registration plates or a parking decal to
2corporations, school districts, State or municipal agencies,
3limited liability companies, nursing homes, convalescent
4homes, or special education cooperatives which will transport
5persons with disabilities. The Secretary shall prescribe by
6rule a means to certify or re-certify the eligibility of
7organizations to receive disability plates or decals and to
8designate which of the 2 person with disabilities emblems
9shall be placed on qualifying vehicles.
10    (g) The Secretary of State, or his designee, may enter
11into agreements with other jurisdictions, including foreign
12jurisdictions, on behalf of this State relating to the
13extension of parking privileges by such jurisdictions to
14residents of this State with disabilities who display a
15special license plate or parking device that contains the
16International symbol of access on his or her motor vehicle,
17and to recognize such plates or devices issued by such other
18jurisdictions. This State shall grant the same parking
19privileges which are granted to residents of this State with
20disabilities to any non-resident whose motor vehicle is
21licensed in another state, district, territory or foreign
22country if such vehicle displays the international symbol of
23access or a distinguishing insignia on license plates or
24parking device issued in accordance with the laws of the
25non-resident's state, district, territory or foreign country.
26    (h) For purposes of this Section, "licensed medical

 

 

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1professional" means any licensed professional specified under
2Section 1-159.1 of this Code for purposes of determining or
3certifying whether a person is a person with disabilities.
4(Source: P.A. 99-143, eff. 7-27-15; 99-173, eff. 7-29-15;
599-642, eff. 7-28-16; 100-513, eff. 1-1-18.)
 
6    (625 ILCS 5/6-109)
7    Sec. 6-109. Examination of applicants.
8    (a) The Secretary of State shall examine every applicant
9for a driver's license or permit who has not been previously
10licensed as a driver under the laws of this State or any other
11state or country, or any applicant for renewal of such
12driver's license or permit when such license or permit has
13been expired for more than one year. The Secretary of State
14shall, subject to the provisions of paragraph (c), examine
15every licensed driver at least every 8 years, and may examine
16or re-examine any other applicant or licensed driver, provided
17that during the years 1984 through 1991 those drivers issued a
18license for 3 years may be re-examined not less than every 7
19years or more than every 10 years.
20    The Secretary of State shall require the testing of the
21eyesight of any driver's license or permit applicant who has
22not been previously licensed as a driver under the laws of this
23State and shall promulgate rules and regulations to provide
24for the orderly administration of all the provisions of this
25Section.

 

 

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1    The Secretary of State shall include at least one test
2question that concerns the provisions of the Pedestrians with
3Disabilities Safety Act in the question pool used for the
4written portion of the driver's license examination within one
5year after July 22, 2010 (the effective date of Public Act
696-1167).
7    The Secretary of State shall include, in the question pool
8used for the written portion of the driver's license
9examination, test questions concerning safe driving in the
10presence of bicycles, of which one may be concerning the Dutch
11Reach method as described in Section 2-112.
12    The Secretary of State shall include, in the question pool
13used for the written portion of the driver's license
14examination, at least one test question concerning driver
15responsibilities when approaching a stationary emergency
16vehicle as described in Section 11-907.
17    (b) Except as provided for those applicants in paragraph
18(c), such examination shall include a test of the applicant's
19eyesight, his or her ability to read and understand official
20traffic control devices, his or her knowledge of safe driving
21practices and the traffic laws of this State, and may include
22an actual demonstration of the applicant's ability to exercise
23ordinary and reasonable control of the operation of a motor
24vehicle, and such further physical and mental examination as
25the Secretary of State finds necessary to determine the
26applicant's fitness to operate a motor vehicle safely on the

 

 

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1highways, except the examination of an applicant 79 75 years
2of age or older shall include an actual demonstration of the
3applicant's ability to exercise ordinary and reasonable
4control of the operation of a motor vehicle. All portions of
5written and verbal examinations under this Section, excepting
6where the English language appears on facsimiles of road
7signs, may be given in the Spanish language and, at the
8discretion of the Secretary of State, in any other language as
9well as in English upon request of the examinee. Deaf persons
10who are otherwise qualified are not prohibited from being
11issued a license, other than a commercial driver's license,
12under this Code.
13    (c) Re-examination for those applicants who at the time of
14renewing their driver's license possess a driving record
15devoid of any convictions of traffic violations or evidence of
16committing an offense for which mandatory revocation would be
17required upon conviction pursuant to Section 6-205 at the time
18of renewal shall be in a manner prescribed by the Secretary in
19order to determine an applicant's ability to safely operate a
20motor vehicle, except that every applicant for the renewal of
21a driver's license who is 79 75 years of age or older must
22prove, by an actual demonstration, the applicant's ability to
23exercise reasonable care in the safe operation of a motor
24vehicle.
25    (d) In the event the applicant is not ineligible under the
26provisions of Section 6-103 to receive a driver's license, the

 

 

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1Secretary of State shall make provision for giving an
2examination, either in the county where the applicant resides
3or at a place adjacent thereto reasonably convenient to the
4applicant, within not more than 30 days from the date said
5application is received.
6    (e) The Secretary of State may adopt rules regarding the
7use of foreign language interpreters during the application
8and examination process.
9(Source: P.A. 100-770, eff. 1-1-19; 100-962, eff. 1-1-19;
10101-81, eff. 7-12-19; 101-174, eff. 1-1-20.)
 
11    (625 ILCS 5/11-1301.2)  (from Ch. 95 1/2, par. 11-1301.2)
12    Sec. 11-1301.2. Special decals for parking; persons with
13disabilities.
14    (a) The Secretary of State shall provide for, by
15administrative rules, the design, size, color, and placement
16of a person with disabilities motorist decal or device and
17shall provide for, by administrative rules, the content and
18form of an application for a person with disabilities motorist
19decal or device, which shall be used by local authorities in
20the issuance thereof to a person with temporary disabilities,
21provided that the decal or device is valid for no more than 90
22days, subject to renewal for like periods based upon continued
23disability, and further provided that the decal or device
24clearly sets forth the date that the decal or device expires.
25The application shall include the requirement of an Illinois

 

 

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1Identification Card number or a State of Illinois driver's
2license number or, if the applicant does not have an
3identification card or driver's license number, then the
4applicant may use a valid identification number issued by a
5branch of the U.S. military or a federally issued Medicare or
6Medicaid identification number. This decal or device may be
7used by the authorized holder to designate and identify a
8vehicle not owned or displaying a registration plate or
9digital registration plate as provided in Sections 3-609 and
103-616 of this Act to designate when the vehicle is being used
11to transport said person or persons with disabilities, and
12thus is entitled to enjoy all the privileges that would be
13afforded a person with disabilities licensed vehicle. Person
14with disabilities decals or devices issued and displayed
15pursuant to this Section shall be recognized and honored by
16all local authorities regardless of which local authority
17issued such decal or device.
18    The decal or device shall be issued only upon a showing by
19adequate documentation that the person for whose benefit the
20decal or device is to be used has a disability as defined in
21Section 1-159.1 of this Code and the disability is temporary.
22    (a-5) The Secretary may provide a disabilities motorist
23decal or device to an expectant mother during her third
24trimester. An application under this subsection is subject to
25application requirements under subsection (a). The decal or
26device shall be valid for no more than 90 days, and shall

 

 

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1clearly set forth the date that the decal or device expires.
2The decal or device shall be issued only upon a showing by
3adequate documentation that the expectant mother has entered
4her third trimester.
5    (b) The local governing authorities shall be responsible
6for the provision of such decal or device, its issuance and
7designated placement within the vehicle. The cost of such
8decal or device shall be at the discretion of such local
9governing authority.
10    (c) The Secretary of State may, pursuant to Section
113-616(c), issue a person with disabilities parking decal or
12device to a person with disabilities as defined by Section
131-159.1. Any person with disabilities parking decal or device
14issued by the Secretary of State shall be registered to that
15person with disabilities in the form to be prescribed by the
16Secretary of State. The person with disabilities parking decal
17or device shall not display that person's address. One
18additional decal or device may be issued to an applicant upon
19his or her written request and with the approval of the
20Secretary of State. The written request must include a
21justification of the need for the additional decal or device.
22    (c-5) Beginning January 1, 2014, the Secretary shall
23provide by administrative rule for the issuance of a separate
24and distinct parking decal or device for persons with
25disabilities as defined by Section 1-159.1 of this Code and
26who meet the qualifications under this subsection. The

 

 

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1authorized holder of a decal or device issued under this
2subsection (c-5) shall be exempt from the payment of fees
3generated by parking in a metered space, a parking area
4subject to paragraph (10) of subsection (a) of Section 11-209
5of this Code, or a publicly owned parking area.
6    The Secretary shall issue a meter-exempt decal or device
7to a person with disabilities who: (i) has been issued
8registration plates or digital registration plates under
9subsection (a) of Section 3-609 or Section 3-616 of this Code
10or a special decal or device under this Section, (ii) holds a
11valid Illinois driver's license, and (iii) is unable to do one
12or more of the following:
13        (1) manage, manipulate, or insert coins, or obtain
14    tickets or tokens in parking meters or ticket machines in
15    parking lots, due to the lack of fine motor control of both
16    hands;
17        (2) reach above his or her head to a height of 42
18    inches from the ground, due to a lack of finger, hand, or
19    upper extremity strength or mobility;
20        (3) approach a parking meter due to his or her use of a
21    wheelchair or other device for mobility; or
22        (4) walk more than 20 feet due to an orthopedic,
23    neurological, cardiovascular, or lung condition in which
24    the degree of debilitation is so severe that it almost
25    completely impedes the ability to walk.
26    The application for a meter-exempt parking decal or device

 

 

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1shall contain a statement certified by a licensed medical
2professional, as specified under Section 1-159.1 of this Code,
3physician, physician assistant, or advanced practice
4registered nurse attesting to the permanent nature of the
5applicant's condition and verifying that the applicant meets
6the physical qualifications specified in this subsection
7(c-5).
8    Notwithstanding the requirements of this subsection (c-5),
9the Secretary shall issue a meter-exempt decal or device to a
10person who has been issued registration plates or digital
11registration plates under Section 3-616 of this Code or a
12special decal or device under this Section, if the applicant
13is the parent or guardian of a person with disabilities who is
14under 18 years of age and incapable of driving.
15    (d) Replacement decals or devices may be issued for lost,
16stolen, or destroyed decals upon application and payment of a
17$10 fee. The replacement fee may be waived for individuals
18that have claimed and received a grant under the Senior
19Citizens and Persons with Disabilities Property Tax Relief
20Act.
21    (e) A person classified as a veteran under subsection (e)
22of Section 6-106 of this Code that has been issued a decal or
23device under this Section shall not be required to submit
24evidence of disability in order to renew that decal or device
25if, at the time of initial application, he or she submitted
26evidence from his or her physician or the Department of

 

 

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1Veterans' Affairs that the disability is of a permanent
2nature. However, the Secretary shall take reasonable steps to
3ensure the veteran still resides in this State at the time of
4the renewal. These steps may include requiring the veteran to
5provide additional documentation or to appear at a Secretary
6of State facility. To identify veterans who are eligible for
7this exemption, the Secretary shall compare the list of the
8persons who have been issued a decal or device to the list of
9persons who have been issued a vehicle registration plate or
10digital registration plate for veterans with disabilities
11under Section 3-609 of this Code, or who are identified as a
12veteran on their driver's license under Section 6-110 of this
13Code or on their identification card under Section 4 of the
14Illinois Identification Card Act.
15(Source: P.A. 101-395, eff. 8-16-19; 102-453, eff. 1-1-22.)
 
16    (625 ILCS 5/11-1301.4)  (from Ch. 95 1/2, par. 11-1301.4)
17    Sec. 11-1301.4. Reciprocal agreements with other
18jurisdictions; temporary decal.
19    (a) The Secretary of State, or his designee, may enter
20into agreements with other jurisdictions, including foreign
21jurisdictions, on behalf of this State relating to the
22extension of parking privileges by such jurisdictions to
23residents of this State with disabilities who display a
24special license plate or parking device that contains the
25International symbol of access on his or her motor vehicle,

 

 

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1and to recognize such plates or devices issued by such other
2jurisdictions. This State shall grant the same parking
3privileges which are granted to residents of this State with
4disabilities to any non-resident whose motor vehicle is
5licensed in another state, district, territory or foreign
6country if such vehicle displays the International symbol of
7access or a distinguishing insignia on license plates or
8parking device issued in accordance with the laws of the
9non-resident's state, district, territory or foreign country.
10    (b) The Secretary may issue a one-time decal or device to
11any non-resident of this State who is a person with
12disabilities and who is displaced from another jurisdiction
13due to a national disaster as declared by the federal
14government. The person shall provide the Secretary proof that
15he or she is residing at an Illinois residence for the duration
16of his or her time in this State and proof of disability,
17including, but not limited to, a device or decal issued by
18another jurisdiction, a designation on a driver's license or
19identification card issued by another jurisdiction, or a
20medical certification by an Illinois licensed medical
21professional, as specified under Section 1-159.1 of this Code
22physician, physician assistant, or advanced practice
23registered nurse. A device or decal issued under this
24subsection (b) shall be valid for a period not to exceed 6
25months.
26(Source: P.A. 99-143, eff. 7-27-15; 100-702, eff. 1-1-19.)
 

 

 

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1    (625 ILCS 5/11-1301.5)
2    Sec. 11-1301.5. Fictitious or unlawfully altered
3disability license plate or parking decal or device.
4    (a) As used in this Section:
5    "Fictitious disability license plate or parking decal or
6device" means any issued disability license plate or parking
7decal or device, or any license plate issued to a veteran with
8a disability under Section 3-609 of this Code, that has been
9issued by the Secretary of State or an authorized unit of local
10government that was issued based upon false information
11contained on the required application.
12    "False information" means any incorrect or inaccurate
13information concerning the name, date of birth, social
14security number, driver's license number, military
15identification number, Medicaid or Medicare identification
16number, medical professional physician certification, or any
17other information required on the Persons with Disabilities
18Certification for Plate or Parking Placard, on the Application
19for Replacement Disability Parking Placard, or on the
20application for license plates issued to veterans with
21disabilities under Section 3-609 of this Code, that falsifies
22the content of the application.
23    "Unlawfully altered disability license plate or parking
24permit or device" means any disability license plate or
25parking permit or device, or any license plate issued to a

 

 

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1veteran with a disability under Section 3-609 of this Code,
2issued by the Secretary of State or an authorized unit of local
3government that has been physically altered or changed in such
4manner that false information appears on the license plate or
5parking decal or device.
6    "Authorized holder" means an individual issued a
7disability license plate under Section 3-616 of this Code or
8an individual issued a parking decal or device under Section
911-1301.2 of this Code, or an individual issued a license
10plate for veterans with disabilities under Section 3-609 of
11this Code.
12    (b) It is a violation of this Section for any person:
13        (1) to knowingly possess any fictitious or unlawfully
14    altered disability license plate or parking decal or
15    device;
16        (2) to knowingly issue or assist in the issuance of,
17    by the Secretary of State or unit of local government, any
18    fictitious disability license plate or parking decal or
19    device;
20        (3) to knowingly alter any disability license plate or
21    parking decal or device;
22        (4) to knowingly manufacture, possess, transfer, or
23    provide any documentation used in the application process
24    whether real or fictitious, for the purpose of obtaining a
25    fictitious disability license plate or parking decal or
26    device;

 

 

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

 

 

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1    shall distribute one-half of any fine imposed on any
2    person who is found guilty of or pleads guilty to
3    violating this Section, including any person placed on
4    court supervision for violating this Section, to the law
5    enforcement agency that issued the citation or made the
6    arrest. If more than one law enforcement agency is
7    responsible for issuing the citation or making the arrest,
8    one-half of the fine imposed shall be shared equally.
9        (2) Any person who commits a violation of this Section
10    or a similar provision of a local ordinance may have his or
11    her driving privileges suspended or revoked by the
12    Secretary of State for a period of time determined by the
13    Secretary of State. The Secretary of State may suspend or
14    revoke the parking decal or device or the disability
15    license plate of any person who commits a violation of
16    this Section.
17        (3) Any police officer may seize the parking decal or
18    device from any person who commits a violation of this
19    Section. Any police officer may seize the disability
20    license plate upon authorization from the Secretary of
21    State. Any police officer may request that the Secretary
22    of State revoke the parking decal or device or the
23    disability license plate of any person who commits a
24    violation of this Section.
25(Source: P.A. 99-143, eff. 7-27-15; 100-513, eff. 1-1-18;
26100-702, eff. 1-1-19.)".