97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB5624

 

Introduced 2/15/2012, by Rep. Karen May

 

SYNOPSIS AS INTRODUCED:
 
625 ILCS 5/11-209  from Ch. 95 1/2, par. 11-209
625 ILCS 5/11-1301.1  from Ch. 95 1/2, par. 11-1301.1
625 ILCS 5/11-1301.3  from Ch. 95 1/2, par. 11-1301.3
625 ILCS 5/11-1301.5
625 ILCS 5/11-1301.9 new

    Amends the Illinois Vehicle Code. Removes language requiring that the local police of a municipal authority issue a parking ticket to a person who violates provisions concerning parking places reserved for persons with disabilities. Provides for the issuance of free parking stickers to certain persons with disabilities. Provides that to be eligible for a free parking sticker, a person with disabilities must present a certification from a physician that the person meets certain physical requirements. Increases the fine from $250 to $300 for parking in a spot reserved for persons with disabilities without authorization. Increases the fine from $500 to $600 for improperly using a disability license plate, decal, or device to park in a parking place reserved for a person with disabilities. Increases the fines for a violation of the Section concerning fictitious or unlawfully altered disability license plates or parking decals or devices from $500 to $1,000 for a first offense and from $1,000 to $2,000 for a second or subsequent offense. Provides that a physician who violates the Section concerning parking in a place reserved for a person with disabilities shall be fined an amount equal to double the amount of any applicable penalty.


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FISCAL NOTE ACT MAY APPLY
HOME RULE NOTE ACT MAY APPLY

 

 

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
5Sections 11-209, 11-1301.1, 11-1301.3, and 11-1301.5 and by
6adding Section 11-1301.9 as follows:
 
7    (625 ILCS 5/11-209)  (from Ch. 95 1/2, par. 11-209)
8    Sec. 11-209. Powers of municipalities and counties -
9Contract with school boards, hospitals, churches, condominium
10complex unit owners' associations, and commercial and
11industrial facility, shopping center, and apartment complex
12owners for regulation of traffic.
13    (a) The corporate authorities of any municipality or the
14county board of any county, and a school board, hospital,
15church, condominium complex unit owners' association, or owner
16of any commercial and industrial facility, shopping center, or
17apartment complex which controls a parking area located within
18the limits of the municipality, or outside the limits of the
19municipality and within the boundaries of the county, may, by
20contract, empower the municipality or county to regulate the
21parking of automobiles and the traffic at such parking area.
22Such contract shall empower the municipality or county to
23accomplish all or any part of the following:

 

 

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1        1. The erection of stop signs, flashing signals, person
2    with disabilities parking area signs or yield signs at
3    specified locations in a parking area and the adoption of
4    appropriate regulations thereto pertaining, or the
5    designation of any intersection in the parking area as a
6    stop intersection or as a yield intersection and the
7    ordering of like signs or signals at one or more entrances
8    to such intersection, subject to the provisions of this
9    Chapter.
10        2. The prohibition or regulation of the turning of
11    vehicles or specified types of vehicles at intersections or
12    other designated locations in the parking area.
13        3. The regulation of a crossing of any roadway in the
14    parking area by pedestrians.
15        4. The designation of any separate roadway in the
16    parking area for one-way traffic.
17        5. The establishment and regulation of loading zones.
18        6. The prohibition, regulation, restriction or
19    limitation of the stopping, standing or parking of vehicles
20    in specified areas of the parking area.
21        7. The designation of safety zones in the parking area
22    and fire lanes.
23        8. Providing for the removal and storage of vehicles
24    parked or abandoned in the parking area during snowstorms,
25    floods, fires, or other public emergencies, or found
26    unattended in the parking area, (a) where they constitute

 

 

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1    an obstruction to traffic, or (b) where stopping, standing
2    or parking is prohibited, and for the payment of reasonable
3    charges for such removal and storage by the owner or
4    operator of any such vehicle.
5        9. Providing that the cost of planning, installation,
6    maintenance and enforcement of parking and traffic
7    regulations pursuant to any contract entered into under the
8    authority of this paragraph (a) of this Section be borne by
9    the municipality or county, or by the school board,
10    hospital, church, property owner, apartment complex owner,
11    or condominium complex unit owners' association, or that a
12    percentage of the cost be shared by the parties to the
13    contract.
14        10. Causing the installation of parking meters on the
15    parking area and establishing whether the expense of
16    installing said parking meters and maintenance thereof
17    shall be that of the municipality or county, or that of the
18    school board, hospital, church, condominium complex unit
19    owners' association, shopping center or apartment complex
20    owner. All moneys obtained from such parking meters as may
21    be installed on any parking area shall belong to the
22    municipality or county.
23        11. Causing the installation of parking signs in
24    accordance with Section 11-301 in areas of the parking lots
25    covered by this Section and where desired by the person
26    contracting with the appropriate authority listed in

 

 

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1    paragraph (a) of this Section, indicating that such parking
2    spaces are reserved for persons with disabilities.
3        12. Contracting for such additional reasonable rules
4    and regulations with respect to traffic and parking in a
5    parking area as local conditions may require for the safety
6    and convenience of the public or of the users of the
7    parking area.
8    (b) No contract entered into pursuant to this Section shall
9exceed a period of 20 years. No lessee of a shopping center or
10apartment complex shall enter into such a contract for a longer
11period of time than the length of his lease.
12    (c) Any contract entered into pursuant to this Section
13shall be recorded in the office of the recorder in the county
14in which the parking area is located, and no regulation made
15pursuant to the contract shall be effective or enforceable
16until 3 days after the contract is so recorded.
17    (d) At such time as parking and traffic regulations have
18been established at any parking area pursuant to the contract
19as provided for in this Section, then it shall be a petty
20offense for any person to do any act forbidden or to fail to
21perform any act required by such parking or traffic regulation.
22If the violation is the parking in a parking space reserved for
23persons with disabilities under paragraph (11) of this Section,
24by a person without special registration plates issued to a
25person with disabilities, as defined by Section 1-159.1,
26pursuant to Section 3-616 of this Code, or to a disabled

 

 

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1veteran pursuant to Section 3-609 of this Code, the local
2police of the contracting corporate municipal authorities
3shall issue a parking ticket to such parking violator and issue
4a fine in accordance with Section 11-1301.3.
5    (e) The term "shopping center", as used in this Section,
6means premises having one or more stores or business
7establishments in connection with which there is provided on
8privately-owned property near or contiguous thereto an area, or
9areas, of land used by the public as the means of access to and
10egress from the stores and business establishments on such
11premises and for the parking of motor vehicles of customers and
12patrons of such stores and business establishments on such
13premises.
14    (f) The term "parking area", as used in this Section, means
15an area, or areas, of land near or contiguous to a school,
16church, or hospital building, shopping center, apartment
17complex, or condominium complex, but not the public highways or
18alleys, and used by the public as the means of access to and
19egress from such buildings and the stores and business
20establishments at a shopping center and for the parking of
21motor vehicles.
22    (g) The terms "owner", "property owner", "shopping center
23owner", and "apartment complex owner", as used in this Section,
24mean the actual legal owner of the shopping center parking area
25or apartment complex, the trust officer of a banking
26institution having the right to manage and control such

 

 

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1property, or a person having the legal right, through lease or
2otherwise, to manage or control the property.
3    (g-5) The term "condominium complex unit owners'
4association", as used in this Section, means a "unit owners'
5association" as defined in Section 2 of the Condominium
6Property Act.
7    (h) The term "fire lane", as used in this Section, means
8travel lanes for the fire fighting equipment upon which there
9shall be no standing or parking of any motor vehicle at any
10time so that fire fighting equipment can move freely thereon.
11    (i) The term "apartment complex", as used in this Section,
12means premises having one or more apartments in connection with
13which there is provided on privately-owned property near or
14contiguous thereto an area, or areas, of land used by occupants
15of such apartments or their guests as a means of access to and
16egress from such apartments or for the parking of motor
17vehicles of such occupants or their guests.
18    (j) The term "condominium complex", as used in this
19Section, means the units, common elements, and limited common
20elements that are located on the parcels, as those terms are
21defined in Section 2 of the Condominium Property Act.
22    (k) The term "commercial and industrial facility", as used
23in this Section, means a premises containing one or more
24commercial and industrial facility establishments in
25connection with which there is provided on privately-owned
26property near or contiguous to the premises an area or areas of

 

 

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1land used by the public as the means of access to and egress
2from the commercial and industrial facility establishment on
3the premises and for the parking of motor vehicles of
4customers, patrons, and employees of the commercial and
5industrial facility establishment on the premises.
6    (l) The provisions of this Section shall not be deemed to
7prevent local authorities from enforcing, on private property,
8local ordinances imposing fines, in accordance with Section
911-1301.3, as penalties for use of any parking place reserved
10for persons with disabilities, as defined by Section 1-159.1,
11or disabled veterans by any person using a motor vehicle not
12bearing registration plates specified in Section 11-1301.1 or a
13special decal or device as defined in Section 11-1301.2 as
14evidence that the vehicle is operated by or for a person with
15disabilities or disabled veteran.
16    This amendatory Act of 1972 is not a prohibition upon the
17contractual and associational powers granted by Article VII,
18Section 10 of the Illinois Constitution.
19(Source: P.A. 95-167, eff. 1-1-08; 96-79, eff. 1-1-10.)
 
20    (625 ILCS 5/11-1301.1)  (from Ch. 95 1/2, par. 11-1301.1)
21    Sec. 11-1301.1. Persons with disabilities - Parking
22privileges - Exemptions. A motor vehicle bearing registration
23plates issued to a person with disabilities, as defined by
24Section 1-159.1, pursuant to Section 3-616 or to a disabled
25veteran pursuant to Section 3-609 or a special decal or device

 

 

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1issued pursuant to Section 3-616 or pursuant to Section
211-1301.2 of this Code or a motor vehicle registered in another
3jurisdiction, state, district, territory or foreign country
4upon which is displayed a registration plate, special decal or
5device issued by the other jurisdiction designating the vehicle
6is operated by or for a person with disabilities shall be
7exempt from the payment of parking meter fees and exempt from
8any statute or ordinance imposing time limitations on parking,
9except limitations of one-half hour or less, on any street or
10highway zone, or any parking lot or parking place which are
11owned, leased or owned and leased by a municipality or a
12municipal parking utility; and shall be recognized by state and
13local authorities as a valid license plate or parking device
14and shall receive the same parking privileges as residents of
15this State; but, such vehicle shall be subject to the laws
16which prohibit parking in "no stopping" and "no standing" zones
17in front of or near fire hydrants, driveways, public building
18entrances and exits, bus stops and loading areas, and is
19prohibited from parking where the motor vehicle constitutes a
20traffic hazard, whereby such motor vehicle shall be moved at
21the instruction and request of a law enforcement officer to a
22location designated by the officer. Any motor vehicle bearing
23registration plates or a special decal or device specified in
24this Section or in Section 3-616 of this Code or such parking
25device as specifically authorized in Section 11-1301.2 as
26evidence that the vehicle is operated by or for a person with

 

 

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1disabilities or disabled veteran may park, in addition to any
2other lawful place, in any parking place specifically reserved
3for such vehicles by the posting of an official sign as
4provided under Section 11-301. Parking privileges granted by
5this Section are strictly limited to the person to whom the
6special registration plates, special decal or device were
7issued and to qualified operators acting under his express
8direction while the person with disabilities is present. A
9person to whom privileges were granted shall, at the request of
10a police officer or any other person invested by law with
11authority to direct, control, or regulate traffic, present an
12identification card with a picture as verification that the
13person is the person to whom the special registration plates,
14special decal or device was issued.
15    Such parking privileges granted by this Section are also
16extended to motor vehicles of not-for-profit organizations
17used for the transportation of persons with disabilities when
18such motor vehicles display the decal or device issued pursuant
19to Section 11-1301.2 of this Code.
20    No person shall use any area for the parking of any motor
21vehicle pursuant to Section 11-1303 of this Code or where an
22official sign controlling such area expressly prohibits
23parking at any time or during certain hours.
24    Except as provided under Section 11-1301.9 of this Code, no
25person shall be exempt from the payment of fees generated by
26parking in a metered space or in a publicly owned parking

 

 

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1structure or area.
2(Source: P.A. 95-167, eff. 1-1-08; 96-79, eff. 1-1-10.)
 
3    (625 ILCS 5/11-1301.3)  (from Ch. 95 1/2, par. 11-1301.3)
4    Sec. 11-1301.3. Unauthorized use of parking places
5reserved for persons with disabilities.
6    (a) It shall be prohibited to park any motor vehicle which
7is not properly displaying registration plates or decals issued
8to a person with disabilities, as defined by Section 1-159.1,
9pursuant to Sections 3-616, 11-1301.1 or 11-1301.2, or to a
10disabled veteran pursuant to Section 3-609 of this Act, as
11evidence that the vehicle is operated by or for a person with
12disabilities or disabled veteran, in any parking place,
13including any private or public offstreet parking facility,
14specifically reserved, by the posting of an official sign as
15designated under Section 11-301, for motor vehicles displaying
16such registration plates. It shall be prohibited to park any
17motor vehicle in a designated access aisle adjacent to any
18parking place specifically reserved for persons with
19disabilities, by the posting of an official sign as designated
20under Section 11-301, for motor vehicles displaying such
21registration plates. When using the parking privileges for
22persons with disabilities, the parking decal or device must be
23displayed properly in the vehicle where it is clearly visible
24to law enforcement personnel, either hanging from the rearview
25mirror or placed on the dashboard of the vehicle in clear view.

 

 

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1Disability license plates and parking decals and devices are
2not transferable from person to person. Proper usage of the
3disability license plate or parking decal or device requires
4the authorized holder to be present and enter or exit the
5vehicle at the time the parking privileges are being used. It
6is a violation of this Section to park in a space reserved for
7a person with disabilities if the authorized holder of the
8disability license plate or parking decal or device does not
9enter or exit the vehicle at the time the parking privileges
10are being used. Any motor vehicle properly displaying a
11disability license plate or a parking decal or device
12containing the International symbol of access issued to persons
13with disabilities by any local authority, state, district,
14territory or foreign country shall be recognized by State and
15local authorities as a valid license plate or device and
16receive the same parking privileges as residents of this State.
17    (a-1) An individual with a vehicle displaying disability
18license plates or a parking decal or device issued to a
19qualified person with a disability under Sections 3-616,
2011-1301.1, or 11-1301.2 or to a disabled veteran under Section
213-609 is in violation of this Section if (i) the person using
22the disability license plate or parking decal or device is not
23the authorized holder of the disability license plate or
24parking decal or device or is not transporting the authorized
25holder of the disability license plate or parking decal or
26device to or from the parking location and (ii) the person uses

 

 

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1the disability license plate or parking decal or device to
2exercise any privileges granted through the disability license
3plate or parking decals or devices under this Code.
4    (b) Any person or local authority owning or operating any
5public or private offstreet parking facility may, after
6notifying the police or sheriff's department, remove or cause
7to be removed to the nearest garage or other place of safety
8any vehicle parked within a stall or space reserved for use by
9a person with disabilities which does not display person with
10disabilities registration plates or a special decal or device
11as required under this Section.
12    (c) Except as provided in subsection (c-3) of this Section,
13a Any person found guilty of violating the provisions of
14subsection (a) shall be fined $300 $250 in addition to any
15costs or charges connected with the removal or storage of any
16motor vehicle authorized under this Section; but
17municipalities by ordinance may impose a fine up to $350 and
18shall display signs indicating the fine imposed. If the amount
19of the fine is subsequently changed, the municipality shall
20change the sign to indicate the current amount of the fine. It
21shall not be a defense to a charge under this Section that
22either the sign posted pursuant to this Section or the intended
23accessible parking place does not comply with the technical
24requirements of Section 11-301, Department regulations, or
25local ordinance if a reasonable person would be made aware by
26the sign or notice on or near the parking place that the place

 

 

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1is reserved for a person with disabilities.
2    (c-1) Except as provided in subsection (c-3) of this
3Section, a Any person found guilty of violating the provisions
4of subsection (a-1) a first time shall be fined $600 $500. Any
5person found guilty of violating subsection (a-1) a second time
6shall be fined $750. Any person found guilty of violating
7subsection (a-1) a third or subsequent time shall be fined
8$1,000. The circuit clerk shall distribute 50% of the fine
9imposed on any person who is found guilty of or pleads guilty
10to violating this Section, including any person placed on court
11supervision for violating this Section, to the law enforcement
12agency that issued the citation or made the arrest. If more
13than one law enforcement agency is responsible for issuing the
14citation or making the arrest, the 50% of the fine imposed
15shall be shared equally. If an officer of the Secretary of
16State Department of Police arrested a person for a violation of
17this Section, 50% of the fine imposed shall be deposited into
18the Secretary of State Police Services Fund.
19    (c-3) A physician who commits a violation of this Section
20shall fined an amount equal to double the amount of any
21applicable penalty.
22    (d) Local authorities shall impose fines as established in
23subsections (c), and (c-1), and (c-3) for violations of this
24Section.
25    (e) As used in this Section, "authorized holder" means an
26individual issued a disability license plate under Section

 

 

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13-616 of this Code, an individual issued a parking decal or
2device under Section 11-1301.2 of this Code, or an individual
3issued a disabled veteran's license plate under Section 3-609
4of this Code.
5    (f) Any person who commits a violation of subsection (a-1)
6may have his or her driving privileges suspended or revoked by
7the Secretary of State for a period of time determined by the
8Secretary of State. The Secretary of State may also suspend or
9revoke the disability license plates or parking decal or device
10for a period of time determined by the Secretary of State.
11    (g) Any police officer may seize the parking decal or
12device from any person who commits a violation of this Section.
13Any police officer may seize the disability license plate upon
14authorization from the Secretary of State. Any police officer
15may request that the Secretary of State revoke the parking
16decal or device or the disability license plate of any person
17who commits a violation of this Section.
18(Source: P.A. 95-167, eff. 1-1-08; 95-430, eff. 6-1-08; 95-876,
19eff. 8-21-08; 96-72, eff. 1-1-10; 96-79, eff. 1-1-10; 96-962,
20eff. 7-2-10; 96-1000, eff. 7-2-10.)
 
21    (625 ILCS 5/11-1301.5)
22    Sec. 11-1301.5. Fictitious or unlawfully altered
23disability license plate or parking decal or device.
24    (a) As used in this Section:
25    "Fictitious disability license plate or parking decal or

 

 

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1device" means any issued disability license plate or parking
2decal or device, or any license plate issued to a disabled
3veteran under Section 3-609 of this Code, or a free parking
4sticker issued under Section 11-1301.9 of this Code, that has
5been issued by the Secretary of State or an authorized unit of
6local government that was issued based upon false information
7contained on the required application.
8    "False information" means any incorrect or inaccurate
9information concerning the name, date of birth, social security
10number, driver's license number, physician certification, or
11any other information required on the Persons with Disabilities
12Certification for Plate or Parking Placard, on the Application
13for Replacement Disability Parking Placard, or on the
14application for license plates issued to disabled veterans
15under Section 3-609 of this Code, or on the application for a
16free parking sticker under Section 11-1301.9 of this Code, that
17falsifies the content of the application.
18    "Unlawfully altered disability license plate or parking
19permit or device" means any disability license plate or parking
20permit or device, or any license plate issued to a disabled
21veteran under Section 3-609 of this Code, or a free parking
22sticker issued under Section 11-1301.9 of this Code issued by
23the Secretary of State or an authorized unit of local
24government that has been physically altered or changed in such
25manner that false information appears on the license plate or
26parking decal or device.

 

 

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1    "Authorized holder" means an individual issued a
2disability license plate under Section 3-616 of this Code or an
3individual issued a parking decal or device under Section
411-1301.2 of this Code, or an individual issued a disabled
5veteran's license plate under Section 3-609 of this Code, or an
6individual issued a free parking sticker under Section
711-1301.9 of this Code.
8    (b) It is a violation of this Section for any person:
9        (1) to knowingly possess any fictitious or unlawfully
10    altered disability license plate or parking decal or
11    device;
12        (2) to knowingly issue or assist in the issuance of, by
13    the Secretary of State or unit of local government, any
14    fictitious disability license plate or parking decal or
15    device;
16        (3) to knowingly alter any disability license plate or
17    parking decal or device;
18        (4) to knowingly manufacture, possess, transfer, or
19    provide any documentation used in the application process
20    whether real or fictitious, for the purpose of obtaining a
21    fictitious disability license plate or parking decal or
22    device;
23        (5) to knowingly provide any false information to the
24    Secretary of State or a unit of local government in order
25    to obtain a disability license plate or parking decal or
26    device; or

 

 

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1        (6) to knowingly transfer a disability license plate or
2    parking decal or device for the purpose of exercising the
3    privileges granted to an authorized holder of a disability
4    license plate or parking decal or device under this Code in
5    the absence of the authorized holder.
6    (c) Sentence.
7        (1) Any person convicted of a violation of paragraph
8    (1), (2), (3), (4), or (5) of subsection (b) of this
9    Section shall be guilty of a Class A misdemeanor and fined
10    not less than $1,000 $500 for a first offense and shall be
11    guilty of a Class 4 felony and fined not less than $2,000
12    $1,000 for a second or subsequent offense. Any person
13    convicted of a violation of subdivision (b)(6) of this
14    Section is guilty of a Class A misdemeanor and shall be
15    fined not less than $1,000 $500 for a first offense and not
16    less than $2,000 $1,000 for a second or subsequent offense.
17    The circuit clerk shall distribute one-half of any fine
18    imposed on any person who is found guilty of or pleads
19    guilty to violating this Section, including any person
20    placed on court supervision for violating this Section, to
21    the law enforcement agency that issued the citation or made
22    the arrest. If more than one law enforcement agency is
23    responsible for issuing the citation or making the arrest,
24    one-half of the fine imposed shall be shared equally.
25        (2) Any person who commits a violation of this Section
26    may have his or her driving privileges suspended or revoked

 

 

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1    by the Secretary of State for a period of time determined
2    by the Secretary of State. The Secretary of State may
3    suspend or revoke the parking decal or device or the
4    disability license plate of any person who commits a
5    violation of this Section.
6        (3) Any police officer may seize the parking decal or
7    device from any person who commits a violation of this
8    Section. Any police officer may seize the disability
9    license plate upon authorization from the Secretary of
10    State. Any police officer may request that the Secretary of
11    State revoke the parking decal or device or the disability
12    license plate of any person who commits a violation of this
13    Section.
14(Source: P.A. 95-167, eff. 1-1-08; 96-79, eff. 1-1-10.)
 
15    (625 ILCS 5/11-1301.9 new)
16    Sec. 11-1301.9. Free parking for certain persons with
17disabilities.
18    (a) To be entitled to free parking in a metered space or in
19a publicly owned parking structure or area, a vehicle must
20properly display a free parking sticker issued under this
21Section. The Secretary of State shall issue a free parking
22sticker to any person who meets the eligibility criteria
23contained in this Section.
24    (b) The Secretary shall issue a free parking sticker to any
25person with disabilities, as defined by Section 1-159.1, who

 

 

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1has been issued registration plates under Section 3-616 or
23-609 of this Code or a special decal or device under Section
33-616 or 11-1301.2 of this Code, who is unable to do one or
4more of the following:
5        (1) manage, manipulate, or insert coins, or obtain
6    tickets or tokens in parking meters or ticket machines in
7    parking lots or parking structures, due to the lack of fine
8    motor control of both hands;
9        (2) reach above his or her head to a height of 42
10    inches from the ground, due to a lack of finger, hand, or
11    upper extremity strength or mobility;
12        (3) approach a parking meter due to his or her use of a
13    wheelchair or other device; and
14        (4) walk more than 20 feet due to an orthopedic,
15    neurological, cardiovascular, or lung condition in which
16    the degree of debilitation is so severe that it almost
17    completely impedes the ability to walk.
18    (c) An application for a free parking sticker based upon
19the physical conditions listed in subsection (b) shall contain
20a statement, certified by a licensed physician, attesting to
21the nature and estimated duration of the applicant's disabling
22condition and verifying that the applicant qualifies for a free
23parking sticker.
24     (d) The Secretary may issue to a person with a temporary
25disability a temporary windshield placard that is valid for a
26period of not more than 6 months. The Secretary may issue to a

 

 

HB5624- 20 -LRB097 17394 HEP 62596 b

1person with a permanent disability an original or renewal
2permanent windshield placard that is valid for 4 years.