97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB0109

 

Introduced 1/12/2011, by Rep. Karen May

 

SYNOPSIS AS INTRODUCED:
 
625 ILCS 5/3-616  from Ch. 95 1/2, par. 3-616

    Amends provisions of the Illinois Vehicle Code authorizing the Secretary of State to issue parking decals or devices to persons with certain disabilities. Provides that the Secretary of State may issue a parking decal or device to a person who submits a statement certified by a licensed physician, an authorized physician assistant, or an authorized advanced practice nurse that the person is severely limited in his or her ability to walk due to a disease. Effective immediately.


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A BILL FOR

 

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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
5Section 3-616 as follows:
 
6    (625 ILCS 5/3-616)  (from Ch. 95 1/2, par. 3-616)
7    Sec. 3-616. Disability license plates.
8    (a) Upon receiving an application for a certificate of
9registration for a motor vehicle of the first division or for a
10motor vehicle of the second division weighing no more than
118,000 pounds, accompanied with payment of the registration fees
12required under this Code from a person with disabilities or a
13person who is deaf or hard of hearing, the Secretary of State,
14if so requested, shall issue to such person registration plates
15as provided for in Section 3-611, provided that the person with
16disabilities or person who is deaf or hard of hearing must not
17be disqualified from obtaining a driver's license under
18subsection 8 of Section 6-103 of this Code, and further
19provided that any person making such a request must submit a
20statement, certified by a licensed physician, by a physician
21assistant who has been delegated the authority to make this
22certification by his or her supervising physician, or by an
23advanced practice nurse who has a written collaborative

 

 

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1agreement with a collaborating physician that authorizes the
2advanced practice nurse to make this certification, to the
3effect that such person is a person with disabilities as
4defined by Section 1-159.1 of this Code, or alternatively
5provide adequate documentation that such person has a Class 1A,
6Class 2A or Type Four disability under the provisions of
7Section 4A of the Illinois Identification Card Act. For
8purposes of this Section, an Illinois Disabled Person
9Identification Card issued pursuant to the Illinois
10Identification Card Act indicating that the person thereon
11named has a disability shall be adequate documentation of such
12a disability.
13    (b) The Secretary shall issue plates under this Section to
14a parent or legal guardian of a person with disabilities if the
15person with disabilities has a Class 1A or Class 2A disability
16as defined in Section 4A of the Illinois Identification Card
17Act or is a person with disabilities as defined by Section
181-159.1 of this Code, and does not possess a vehicle registered
19in his or her name, provided that the person with disabilities
20relies frequently on the parent or legal guardian for
21transportation. Only one vehicle per family may be registered
22under this subsection, unless the applicant can justify in
23writing the need for one additional set of plates. Any person
24requesting special plates under this subsection shall submit
25such documentation or such physician's, physician assistant's,
26or advanced practice nurse's statement as is required in

 

 

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

 

 

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1    (d) The Secretary shall prescribe by rules and regulations
2procedures to certify or re-certify as necessary the
3eligibility of persons whose disabilities are other than
4permanent for special plates or parking decals or devices
5issued under subsections (a), (b) and (c). Except as provided
6under subsection (f) of this Section, no such special plates,
7decals or devices shall be issued by the Secretary of State to
8or on behalf of any person with disabilities unless such person
9is certified as meeting the definition of a person with
10disabilities pursuant to Section 1-159.1 or meeting the
11requirement of a Type Four disability as provided under Section
124A of the Illinois Identification Card Act for the period of
13time that the physician, or the physician assistant or advanced
14practice nurse as provided in subsection (a), determines the
15applicant will have the disability, but not to exceed 6 months
16from the date of certification or recertification.
17    (e) Any person requesting special plates under this Section
18may also apply to have the special plates personalized, as
19provided under Section 3-405.1.
20    (f) The Secretary of State, upon application, shall issue
21disability registration plates or a parking decal to
22corporations, school districts, State or municipal agencies,
23limited liability companies, nursing homes, convalescent
24homes, or special education cooperatives which will transport
25persons with disabilities. The Secretary shall prescribe by
26rule a means to certify or re-certify the eligibility of

 

 

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1organizations to receive disability plates or decals and to
2designate which of the 2 person with disabilities emblems shall
3be placed on qualifying vehicles.
4    (g) The Secretary of State, or his designee, may enter into
5agreements with other jurisdictions, including foreign
6jurisdictions, on behalf of this State relating to the
7extension of parking privileges by such jurisdictions to
8permanently disabled residents of this State who display a
9special license plate or parking device that contains the
10International symbol of access on his or her motor vehicle, and
11to recognize such plates or devices issued by such other
12jurisdictions. This State shall grant the same parking
13privileges which are granted to disabled residents of this
14State to any non-resident whose motor vehicle is licensed in
15another state, district, territory or foreign country if such
16vehicle displays the international symbol of access or a
17distinguishing insignia on license plates or parking device
18issued in accordance with the laws of the non-resident's state,
19district, territory or foreign country.
20(Source: P.A. 94-619, eff. 1-1-06; 95-762, eff. 1-1-09.)
 
21    Section 99. Effective date. This Act takes effect upon
22becoming law.