Rep. Karen May

Filed: 2/28/2012

 

 


 

 


 
09700HB5624ham001LRB097 17394 HEP 66697 a

1
AMENDMENT TO HOUSE BILL 5624

2    AMENDMENT NO. ______. Amend House Bill 5624 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Illinois Vehicle Code is amended by
5changing Sections 11-1301.1, 11-1301.3, and 11-1301.5 and by
6adding Section 11-1301.9 as follows:
 
7    (625 ILCS 5/11-1301.1)  (from Ch. 95 1/2, par. 11-1301.1)
8    Sec. 11-1301.1. Persons with disabilities - Parking
9privileges - Exemptions. A motor vehicle bearing registration
10plates issued to a person with disabilities, as defined by
11Section 1-159.1, pursuant to Section 3-616 or to a disabled
12veteran pursuant to Section 3-609 or a special decal or device
13issued pursuant to Section 3-616 or pursuant to Section
1411-1301.2 of this Code or a motor vehicle registered in another
15jurisdiction, state, district, territory or foreign country
16upon which is displayed a registration plate, special decal or

 

 

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1device issued by the other jurisdiction designating the vehicle
2is operated by or for a person with disabilities shall be
3exempt from the payment of parking meter fees and exempt from
4any statute or ordinance imposing time limitations on parking,
5except limitations of one-half hour or less, on any street or
6highway zone, a parking area subject to regulation under
7subsection (a) of Section 11-209 of this Code, or any parking
8lot or parking place which are owned, leased or owned and
9leased by a municipality or a municipal parking utility; and
10shall be recognized by state and local authorities as a valid
11license plate or parking device and shall receive the same
12parking privileges as residents of this State; but, such
13vehicle shall be subject to the laws which prohibit parking in
14"no stopping" and "no standing" zones in front of or near fire
15hydrants, driveways, public building entrances and exits, bus
16stops and loading areas, and is prohibited from parking where
17the motor vehicle constitutes a traffic hazard, whereby such
18motor vehicle shall be moved at the instruction and request of
19a law enforcement officer to a location designated by the
20officer. Any motor vehicle bearing registration plates or a
21special decal or device specified in this Section or in Section
223-616 of this Code or such parking device as specifically
23authorized in Section 11-1301.2 as evidence that the vehicle is
24operated by or for a person with disabilities or disabled
25veteran may park, in addition to any other lawful place, in any
26parking place specifically reserved for such vehicles by the

 

 

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1posting of an official sign as provided under Section 11-301.
2Parking privileges granted by this Section are strictly limited
3to the person to whom the special registration plates, special
4decal or device were issued and to qualified operators acting
5under his express direction while the person with disabilities
6is present. A person to whom privileges were granted shall, at
7the request of a police officer or any other person invested by
8law with authority to direct, control, or regulate traffic,
9present an identification card with a picture as verification
10that the person is the person to whom the special registration
11plates, special decal or device was issued.
12    Such parking privileges granted by this Section are also
13extended to motor vehicles of not-for-profit organizations
14used for the transportation of persons with disabilities when
15such motor vehicles display the decal or device issued pursuant
16to Section 11-1301.2 of this Code.
17    No person shall use any area for the parking of any motor
18vehicle pursuant to Section 11-1303 of this Code or where an
19official sign controlling such area expressly prohibits
20parking at any time or during certain hours.
21    Except as provided under Section 11-1301.9 of this Code, no
22person shall be exempt from the payment of fees generated by
23parking in a metered space or in a publicly owned parking
24structure or area.
25(Source: P.A. 95-167, eff. 1-1-08; 96-79, eff. 1-1-10.)
 

 

 

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1    (625 ILCS 5/11-1301.3)  (from Ch. 95 1/2, par. 11-1301.3)
2    Sec. 11-1301.3. Unauthorized use of parking places
3reserved for persons with disabilities.
4    (a) It shall be prohibited to park any motor vehicle which
5is not properly displaying registration plates or decals issued
6to a person with disabilities, as defined by Section 1-159.1,
7pursuant to Sections 3-616, 11-1301.1 or 11-1301.2, or to a
8disabled veteran pursuant to Section 3-609 of this Act, as
9evidence that the vehicle is operated by or for a person with
10disabilities or disabled veteran, in any parking place,
11including any private or public offstreet parking facility,
12specifically reserved, by the posting of an official sign as
13designated under Section 11-301, for motor vehicles displaying
14such registration plates. It shall be prohibited to park any
15motor vehicle in a designated access aisle adjacent to any
16parking place specifically reserved for persons with
17disabilities, by the posting of an official sign as designated
18under Section 11-301, for motor vehicles displaying such
19registration plates. When using the parking privileges for
20persons with disabilities, the parking decal or device must be
21displayed properly in the vehicle where it is clearly visible
22to law enforcement personnel, either hanging from the rearview
23mirror or placed on the dashboard of the vehicle in clear view.
24Disability license plates and parking decals and devices are
25not transferable from person to person. Proper usage of the
26disability license plate or parking decal or device requires

 

 

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1the authorized holder to be present and enter or exit the
2vehicle at the time the parking privileges are being used. It
3is a violation of this Section to park in a space reserved for
4a person with disabilities if the authorized holder of the
5disability license plate or parking decal or device does not
6enter or exit the vehicle at the time the parking privileges
7are being used. Any motor vehicle properly displaying a
8disability license plate or a parking decal or device
9containing the International symbol of access issued to persons
10with disabilities by any local authority, state, district,
11territory or foreign country shall be recognized by State and
12local authorities as a valid license plate or device and
13receive the same parking privileges as residents of this State.
14    (a-1) An individual with a vehicle displaying disability
15license plates or a parking decal or device issued to a
16qualified person with a disability under Sections 3-616,
1711-1301.1, or 11-1301.2 or to a disabled veteran under Section
183-609 is in violation of this Section if (i) the person using
19the disability license plate or parking decal or device is not
20the authorized holder of the disability license plate or
21parking decal or device or is not transporting the authorized
22holder of the disability license plate or parking decal or
23device to or from the parking location and (ii) the person uses
24the disability license plate or parking decal or device to
25exercise any privileges granted through the disability license
26plate or parking decals or devices under this Code.

 

 

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1    (b) Any person or local authority owning or operating any
2public or private offstreet parking facility may, after
3notifying the police or sheriff's department, remove or cause
4to be removed to the nearest garage or other place of safety
5any vehicle parked within a stall or space reserved for use by
6a person with disabilities which does not display person with
7disabilities registration plates or a special decal or device
8as required under this Section.
9    (c) Any person found guilty of violating the provisions of
10subsection (a) shall be fined $300 $250 in addition to any
11costs or charges connected with the removal or storage of any
12motor vehicle authorized under this Section; but
13municipalities by ordinance may impose a fine up to $350 and
14shall display signs indicating the fine imposed. If the amount
15of the fine is subsequently changed, the municipality shall
16change the sign to indicate the current amount of the fine. It
17shall not be a defense to a charge under this Section that
18either the sign posted pursuant to this Section or the intended
19accessible parking place does not comply with the technical
20requirements of Section 11-301, Department regulations, or
21local ordinance if a reasonable person would be made aware by
22the sign or notice on or near the parking place that the place
23is reserved for a person with disabilities.
24    (c-1) Any person found guilty of violating the provisions
25of subsection (a-1) a first time shall be fined $600 $500. Any
26person found guilty of violating subsection (a-1) a second time

 

 

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1shall be fined $750. Any person found guilty of violating
2subsection (a-1) a third or subsequent time shall be fined
3$1,000. The circuit clerk shall distribute 50% of the fine
4imposed on any person who is found guilty of or pleads guilty
5to violating this Section, including any person placed on court
6supervision for violating this Section, to the law enforcement
7agency that issued the citation or made the arrest. If more
8than one law enforcement agency is responsible for issuing the
9citation or making the arrest, the 50% of the fine imposed
10shall be shared equally. If an officer of the Secretary of
11State Department of Police arrested a person for a violation of
12this Section, 50% of the fine imposed shall be deposited into
13the Secretary of State Police Services Fund.
14    (d) Local authorities shall impose fines as established in
15subsections (c) and (c-1) for violations of this Section.
16    (e) As used in this Section, "authorized holder" means an
17individual issued a disability license plate under Section
183-616 of this Code, an individual issued a parking decal or
19device under Section 11-1301.2 of this Code, or an individual
20issued a disabled veteran's license plate under Section 3-609
21of this Code.
22    (f) Any person who commits a violation of subsection (a-1)
23may have his or her driving privileges suspended or revoked by
24the Secretary of State for a period of time determined by the
25Secretary of State. The Secretary of State may also suspend or
26revoke the disability license plates or parking decal or device

 

 

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1for a period of time determined by the Secretary of State.
2    (g) Any police officer may seize the parking decal or
3device from any person who commits a violation of this Section.
4Any police officer may seize the disability license plate upon
5authorization from the Secretary of State. Any police officer
6may request that the Secretary of State revoke the parking
7decal or device or the disability license plate of any person
8who commits a violation of this Section.
9(Source: P.A. 95-167, eff. 1-1-08; 95-430, eff. 6-1-08; 95-876,
10eff. 8-21-08; 96-72, eff. 1-1-10; 96-79, eff. 1-1-10; 96-962,
11eff. 7-2-10; 96-1000, eff. 7-2-10.)
 
12    (625 ILCS 5/11-1301.5)
13    Sec. 11-1301.5. Fictitious or unlawfully altered
14disability license plate or parking decal or device.
15    (a) As used in this Section:
16    "Fictitious disability license plate or parking decal or
17device" means any issued disability license plate or parking
18decal or device, or any license plate issued to a disabled
19veteran under Section 3-609 of this Code, or a free parking
20sticker issued under Section 11-1301.9 of this Code, that has
21been issued by the Secretary of State or an authorized unit of
22local government that was issued based upon false information
23contained on the required application.
24    "False information" means any incorrect or inaccurate
25information concerning the name, date of birth, social security

 

 

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1number, driver's license number, physician certification, or
2any other information required on the Persons with Disabilities
3Certification for Plate or Parking Placard, on the Application
4for Replacement Disability Parking Placard, or on the
5application for license plates issued to disabled veterans
6under Section 3-609 of this Code, or on the application for a
7free parking sticker under Section 11-1301.9 of this Code, that
8falsifies the content of the application.
9    "Unlawfully altered disability license plate or parking
10permit or device" means any disability license plate or parking
11permit or device, or any license plate issued to a disabled
12veteran under Section 3-609 of this Code, or a free parking
13sticker issued under Section 11-1301.9 of this Code issued by
14the Secretary of State or an authorized unit of local
15government that has been physically altered or changed in such
16manner that false information appears on the license plate or
17parking decal or device.
18    "Authorized holder" means an individual issued a
19disability license plate under Section 3-616 of this Code or an
20individual issued a parking decal or device under Section
2111-1301.2 of this Code, or an individual issued a disabled
22veteran's license plate under Section 3-609 of this Code, or an
23individual issued a free parking sticker under Section
2411-1301.9 of this Code.
25    (b) It is a violation of this Section for any person:
26        (1) to knowingly possess any fictitious or unlawfully

 

 

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1    altered disability license plate or parking decal or
2    device;
3        (2) to knowingly issue or assist in the issuance of, by
4    the Secretary of State or unit of local government, any
5    fictitious disability license plate or parking decal or
6    device;
7        (3) to knowingly alter any disability license plate or
8    parking decal or device;
9        (4) to knowingly manufacture, possess, transfer, or
10    provide any documentation used in the application process
11    whether real or fictitious, for the purpose of obtaining a
12    fictitious disability license plate or parking decal or
13    device;
14        (5) to knowingly provide any false information to the
15    Secretary of State or a unit of local government in order
16    to obtain a disability license plate or parking decal or
17    device; or
18        (6) to knowingly transfer a disability license plate or
19    parking decal or device for the purpose of exercising the
20    privileges granted to an authorized holder of a disability
21    license plate or parking decal or device under this Code in
22    the absence of the authorized holder; or .
23        (7) for a physician to knowingly falsify a
24    certification that a person is a person with disabilities
25    as defined by Section 1-159.1 of this Code.
26    (c) Sentence.

 

 

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

 

 

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1    by the Secretary of State. The Secretary of State may
2    suspend or revoke the parking decal or device or the
3    disability license plate of any person who commits a
4    violation of this Section.
5        (3) Any police officer may seize the parking decal or
6    device from any person who commits a violation of this
7    Section. Any police officer may seize the disability
8    license plate upon authorization from the Secretary of
9    State. Any police officer may request that the Secretary of
10    State revoke the parking decal or device or the disability
11    license plate of any person who commits a violation of this
12    Section.
13(Source: P.A. 95-167, eff. 1-1-08; 96-79, eff. 1-1-10.)
 
14    (625 ILCS 5/11-1301.9 new)
15    Sec. 11-1301.9. Free parking for certain persons with
16disabilities.
17    (a) To be entitled to free parking in a metered space, a
18parking area subject to regulation under subsection (a) of
19Section 11-209 of this Code, or in a publicly owned parking
20structure or area, a vehicle must properly display a free
21parking sticker issued under this Section. The Secretary of
22State shall issue a free parking sticker to any person who
23meets the eligibility criteria contained 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

 

 

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