Rep. Karen May

Filed: 3/27/2012

 

 


 

 


 
09700HB5624ham004LRB097 17394 HEP 68167 a

1
AMENDMENT TO HOUSE BILL 5624

2    AMENDMENT NO. ______. Amend House Bill 5624, AS AMENDED, by
3replacing everything after the enacting clause with the
4following:
 
5    "Section 5. The Illinois Vehicle Code is amended by
6changing Sections 11-1301.1, 11-1301.2, 11-1301.3, and
711-1301.5 as follows:
 
8    (625 ILCS 5/11-1301.1)  (from Ch. 95 1/2, par. 11-1301.1)
9    Sec. 11-1301.1. Persons with disabilities - Parking
10privileges - Exemptions. A motor vehicle bearing registration
11plates issued to a person with disabilities, as defined by
12Section 1-159.1, pursuant to Section 3-616 or to a disabled
13veteran pursuant to Section 3-609 or a special decal or device
14issued pursuant to Section 3-616 or pursuant to Section
1511-1301.2 of this Code or a motor vehicle registered in another
16jurisdiction, state, district, territory or foreign country

 

 

09700HB5624ham004- 2 -LRB097 17394 HEP 68167 a

1upon which is displayed a registration plate, special decal or
2device issued by the other jurisdiction designating the vehicle
3is operated by or for a person with disabilities shall be
4exempt from the payment of parking meter fees until January 1,
52014, and exempt from any statute or ordinance imposing time
6limitations on parking, except limitations of one-half hour or
7less, on any street or highway zone, a parking area subject to
8regulation under subsection (a) of Section 11-209 of this Code,
9or any parking lot or parking place which are owned, leased or
10owned and leased by a municipality or a municipal parking
11utility; and shall be recognized by state and local authorities
12as a valid license plate or parking device and shall receive
13the same parking privileges as residents of this State; but,
14such vehicle shall be subject to the laws which prohibit
15parking in "no stopping" and "no standing" zones in front of or
16near fire hydrants, driveways, public building entrances and
17exits, bus stops and loading areas, and is prohibited from
18parking where the motor vehicle constitutes a traffic hazard,
19whereby such motor vehicle shall be moved at the instruction
20and request of a law enforcement officer to a location
21designated by the officer. Any motor vehicle bearing
22registration plates or a special decal or device specified in
23this Section or in Section 3-616 of this Code or such parking
24device as specifically authorized in Section 11-1301.2 as
25evidence that the vehicle is operated by or for a person with
26disabilities or disabled veteran may park, in addition to any

 

 

09700HB5624ham004- 3 -LRB097 17394 HEP 68167 a

1other lawful place, in any parking place specifically reserved
2for such vehicles by the posting of an official sign as
3provided under Section 11-301. Parking privileges granted by
4this Section are strictly limited to the person to whom the
5special registration plates, special decal or device were
6issued and to qualified operators acting under his express
7direction while the person with disabilities is present. A
8person to whom privileges were granted shall, at the request of
9a police officer or any other person invested by law with
10authority to direct, control, or regulate traffic, present an
11identification card with a picture as verification that the
12person is the person to whom the special registration plates,
13special decal or device was issued.
14    Such parking privileges granted by this Section are also
15extended to motor vehicles of not-for-profit organizations
16used for the transportation of persons with disabilities when
17such motor vehicles display the decal or device issued pursuant
18to Section 11-1301.2 of this Code.
19    No person shall use any area for the parking of any motor
20vehicle pursuant to Section 11-1303 of this Code or where an
21official sign controlling such area expressly prohibits
22parking at any time or during certain hours.
23    Beginning January 1, 2014, a vehicle displaying a decal or
24device issued under subsection (c-5) of Section 11-1301.2 of
25this Code shall be exempt from the payment of fees generated by
26parking in a metered space or in a publicly owned parking

 

 

09700HB5624ham004- 4 -LRB097 17394 HEP 68167 a

1structure or area.
2(Source: P.A. 95-167, eff. 1-1-08; 96-79, eff. 1-1-10.)
 
3    (625 ILCS 5/11-1301.2)  (from Ch. 95 1/2, par. 11-1301.2)
4    Sec. 11-1301.2. Special decals for parking; persons with
5disabilities.
6    (a) The Secretary of State shall provide for, by
7administrative rules, the design, size, color, and placement of
8a person with disabilities motorist decal or device and shall
9provide for, by administrative rules, the content and form of
10an application for a person with disabilities motorist decal or
11device, which shall be used by local authorities in the
12issuance thereof to a person with temporary disabilities,
13provided that the decal or device is valid for no more than 90
14days, subject to renewal for like periods based upon continued
15disability, and further provided that the decal or device
16clearly sets forth the date that the decal or device expires.
17The application shall include the requirement of an Illinois
18Identification Card number or a State of Illinois driver's
19license number. This decal or device may be used by the
20authorized holder to designate and identify a vehicle not owned
21or displaying a registration plate as provided in Sections
223-609 and 3-616 of this Act to designate when the vehicle is
23being used to transport said person or persons with
24disabilities, and thus is entitled to enjoy all the privileges
25that would be afforded a person with disabilities licensed

 

 

09700HB5624ham004- 5 -LRB097 17394 HEP 68167 a

1vehicle. Person with disabilities decals or devices issued and
2displayed pursuant to this Section shall be recognized and
3honored by all local authorities regardless of which local
4authority issued such decal or device.
5    The decal or device shall be issued only upon a showing by
6adequate documentation that the person for whose benefit the
7decal or device is to be used has a temporary disability as
8defined in Section 1-159.1 of this Code.
9    (b) The local governing authorities shall be responsible
10for the provision of such decal or device, its issuance and
11designated placement within the vehicle. The cost of such decal
12or device shall be at the discretion of such local governing
13authority.
14    (c) The Secretary of State may, pursuant to Section
153-616(c), issue a person with disabilities parking decal or
16device to a person with disabilities as defined by Section
171-159.1. Any person with disabilities parking decal or device
18issued by the Secretary of State shall be registered to that
19person with disabilities in the form to be prescribed by the
20Secretary of State. The person with disabilities parking decal
21or device shall not display that person's address. One
22additional decal or device may be issued to an applicant upon
23his or her written request and with the approval of the
24Secretary of State. The written request must include a
25justification of the need for the additional decal or device.
26    (c-5) Beginning January 1, 2014, the Secretary shall

 

 

09700HB5624ham004- 6 -LRB097 17394 HEP 68167 a

1provide by administrative rule for the issuance of a separate
2and distinct parking decal or device for persons with
3disabilities as defined by Section 1-159.1 of this Code. The
4authorized holder of a decal or device issued under this
5subsection (c-5) shall be exempt from the payment of fees
6generated by parking in a metered space, a parking area subject
7to paragraph (10) of subsection (a) of Section 11-209 of this
8Code, or a publicly owned parking structure or area.
9    The Secretary shall issue a meter-exempt decal or device to
10a person with disabilities who: (i) has been issued
11registration plates under Section 3-609 or 3-616 of this Code
12or a special decal or device under this Section, (ii) holds a
13valid Illinois driver's license; and (iii) is unable to do one
14or more of the following:
15        (1) manage, manipulate, or insert coins, or obtain
16    tickets or tokens in parking meters or ticket machines in
17    parking lots or parking structures, due to the lack of fine
18    motor control of both hands;
19        (2) reach above his or her head to a height of 42
20    inches from the ground, due to a lack of finger, hand, or
21    upper extremity strength or mobility;
22        (3) approach a parking meter due to his or her use of a
23    wheelchair or other device for mobility; or
24        (4) walk more than 20 feet due to an orthopedic,
25    neurological, cardiovascular, or lung condition in which
26    the degree of debilitation is so severe that it almost

 

 

09700HB5624ham004- 7 -LRB097 17394 HEP 68167 a

1    completely impedes the ability to walk.
2    The application for a meter-exempt parking decal or device
3shall contain a statement certified by a licensed physician,
4physician assistant, or advanced practice nurse attesting to
5the nature and estimated duration of the applicant's condition
6and verifying that the applicant meets the physical
7qualifications specified in this subsection (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 under Section
113-616 of this Code or a special decal or device under this
12Section, if the applicant is the parent or guardian of a person
13with disabilities who is under 18 years of age and incapable of
14driving.
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 that
18have claimed and received a grant under the Senior Citizens and
19Disabled Persons Property Tax Relief and Pharmaceutical
20Assistance Act.
21(Source: P.A. 95-167, eff. 1-1-08; 96-72, eff. 1-1-10; 96-79,
22eff. 1-1-10; 96-1000, eff. 7-2-10.)
 
23    (625 ILCS 5/11-1301.3)  (from Ch. 95 1/2, par. 11-1301.3)
24    Sec. 11-1301.3. Unauthorized use of parking places
25reserved for persons with disabilities.

 

 

09700HB5624ham004- 8 -LRB097 17394 HEP 68167 a

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

 

 

09700HB5624ham004- 9 -LRB097 17394 HEP 68167 a

1a person with disabilities if the authorized holder of the
2disability license plate or parking decal or device does not
3enter or exit the vehicle at the time the parking privileges
4are being used. Any motor vehicle properly displaying a
5disability license plate or a parking decal or device
6containing the International symbol of access issued to persons
7with disabilities by any local authority, state, district,
8territory or foreign country shall be recognized by State and
9local authorities as a valid license plate or device and
10receive the same parking privileges as residents of this State.
11    (a-1) An individual with a vehicle displaying disability
12license plates or a parking decal or device issued to a
13qualified person with a disability under Sections 3-616,
1411-1301.1, or 11-1301.2 or to a disabled veteran under Section
153-609 is in violation of this Section if (i) the person using
16the disability license plate or parking decal or device is not
17the authorized holder of the disability license plate or
18parking decal or device or is not transporting the authorized
19holder of the disability license plate or parking decal or
20device to or from the parking location and (ii) the person uses
21the disability license plate or parking decal or device to
22exercise any privileges granted through the disability license
23plate or parking decals or devices under this Code.
24    (b) Any person or local authority owning or operating any
25public or private offstreet parking facility may, after
26notifying the police or sheriff's department, remove or cause

 

 

09700HB5624ham004- 10 -LRB097 17394 HEP 68167 a

1to be removed to the nearest garage or other place of safety
2any vehicle parked within a stall or space reserved for use by
3a person with disabilities which does not display person with
4disabilities registration plates or a special decal or device
5as required under this Section.
6    (c) Any person found guilty of violating the provisions of
7subsection (a) shall be fined $250 in addition to any costs or
8charges connected with the removal or storage of any motor
9vehicle authorized under this Section; but municipalities by
10ordinance may impose a fine up to $350 and shall display signs
11indicating the fine imposed. If the amount of the fine is
12subsequently changed, the municipality shall change the sign to
13indicate the current amount of the fine. It shall not be a
14defense to a charge under this Section that either the sign
15posted pursuant to this Section or the intended accessible
16parking place does not comply with the technical requirements
17of Section 11-301, Department regulations, or local ordinance
18if a reasonable person would be made aware by the sign or
19notice on or near the parking place that the place is reserved
20for a person with disabilities.
21    (c-1) Any person found guilty of violating the provisions
22of subsection (a-1) a first time shall be fined $600 $500. Any
23person found guilty of violating subsection (a-1) a second time
24shall be fined $750. Any person found guilty of violating
25subsection (a-1) a third or subsequent time shall be fined
26$1,000. The circuit clerk shall distribute 50% of the fine

 

 

09700HB5624ham004- 11 -LRB097 17394 HEP 68167 a

1imposed on any person who is found guilty of or pleads guilty
2to violating this Section, including any person placed on court
3supervision for violating this Section, to the law enforcement
4agency that issued the citation or made the arrest. If more
5than one law enforcement agency is responsible for issuing the
6citation or making the arrest, the 50% of the fine imposed
7shall be shared equally. If an officer of the Secretary of
8State Department of Police arrested a person for a violation of
9this Section, 50% of the fine imposed shall be deposited into
10the Secretary of State Police Services Fund.
11    (d) Local authorities shall impose fines as established in
12subsections (c) and (c-1) for violations of this Section.
13    (e) As used in this Section, "authorized holder" means an
14individual issued a disability license plate under Section
153-616 of this Code, an individual issued a parking decal or
16device under Section 11-1301.2 of this Code, or an individual
17issued a disabled veteran's license plate under Section 3-609
18of this Code.
19    (f) Any person who commits a violation of subsection (a-1)
20may have his or her driving privileges suspended or revoked by
21the Secretary of State for a period of time determined by the
22Secretary of State. The Secretary of State may also suspend or
23revoke the disability license plates or parking decal or device
24for a period of time determined by the Secretary of State.
25    (g) Any police officer may seize the parking decal or
26device from any person who commits a violation of this Section.

 

 

09700HB5624ham004- 12 -LRB097 17394 HEP 68167 a

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

 

 

09700HB5624ham004- 13 -LRB097 17394 HEP 68167 a

1application for license plates issued to disabled veterans
2under Section 3-609 of this Code, that falsifies the content of
3the application.
4    "Unlawfully altered disability license plate or parking
5permit or device" means any disability license plate or parking
6permit or device, or any license plate issued to a disabled
7veteran under Section 3-609 of this Code, issued by the
8Secretary of State or an authorized unit of local government
9that has been physically altered or changed in such manner that
10false information appears on the license plate or parking decal
11or device.
12    "Authorized holder" means an individual issued a
13disability license plate under Section 3-616 of this Code or an
14individual issued a parking decal or device under Section
1511-1301.2 of this Code, or an individual issued a disabled
16veteran's license plate under Section 3-609 of this Code.
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;

 

 

09700HB5624ham004- 14 -LRB097 17394 HEP 68167 a

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; or
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) for a physician, physician assistant, or advanced
16    practice nurse to knowingly falsify a certification that a
17    person is a person with disabilities as defined by Section
18    1-159.1 of this Code.
19    (c) Sentence.
20        (1) Any person convicted of a violation of paragraph
21    (1), (2), (3), (4), or (5), or (7) of subsection (b) of
22    this Section shall be guilty of a Class A misdemeanor and
23    fined not less than $1,000 $500 for a first offense and
24    shall be guilty of a Class 4 felony and fined not less than
25    $2,000 $1,000 for a second or subsequent offense. Any
26    person convicted of a violation of subdivision (b)(6) of

 

 

09700HB5624ham004- 15 -LRB097 17394 HEP 68167 a

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

 

 

09700HB5624ham004- 16 -LRB097 17394 HEP 68167 a

1(Source: P.A. 95-167, eff. 1-1-08; 96-79, eff. 1-1-10.)".