97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
SB0992

 

Introduced 2/8/2011, by Sen. John J. Cullerton

 

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

    Amends the Illinois Vehicle Code. Makes a technical change in a Section concerning persons with disabilities license plates.


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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 the first division or
10for a motor vehicle of the second division weighing no more
11than 8,000 pounds, accompanied with payment of the registration
12fees required under this Code from a person with disabilities
13or a person who is deaf or hard of hearing, the Secretary of
14State, if so requested, shall issue to such person registration
15plates as provided for in Section 3-611, provided that the
16person with disabilities or person who is deaf or hard of
17hearing must not be disqualified from obtaining a driver's
18license under subsection 8 of Section 6-103 of this Code, and
19further provided that any person making such a request must
20submit a statement, certified by a licensed physician, by a
21physician assistant who has been delegated the authority to
22make this certification by his or her supervising physician, or
23by an advanced 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 without
9regard to qualification of such person with disabilities for a
10driver's license or registration of a vehicle by such person
11with disabilities or such person's immediate family, provided
12such person with disabilities making such a request has been
13issued a Disabled Person Identification Card indicating that
14the person named thereon has a Class 1A or Class 2A disability,
15or alternatively, submits a statement certified by a licensed
16physician, or by a physician assistant or an advanced practice
17nurse as provided in subsection (a), to the effect that such
18person is a person with disabilities as defined by Section
191-159.1. An optometrist may certify a Class 2A Visual
20Disability as defined in Section 4A of the Illinois
21Identification Card Act for the purpose of qualifying a person
22with disabilities for a parking decal or device under this
23subsection.
24    (d) The Secretary shall prescribe by rules and regulations
25procedures to certify or re-certify as necessary the
26eligibility of persons whose disabilities are other than

 

 

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1permanent for special plates or parking decals or devices
2issued under subsections (a), (b) and (c). Except as provided
3under subsection (f) of this Section, no such special plates,
4decals or devices shall be issued by the Secretary of State to
5or on behalf of any person with disabilities unless such person
6is certified as meeting the definition of a person with
7disabilities pursuant to Section 1-159.1 or meeting the
8requirement of a Type Four disability as provided under Section
94A of the Illinois Identification Card Act for the period of
10time that the physician, or the physician assistant or advanced
11practice nurse as provided in subsection (a), determines the
12applicant will have the disability, but not to exceed 6 months
13from the date of certification or recertification.
14    (e) Any person requesting special plates under this Section
15may also apply to have the special plates personalized, as
16provided under Section 3-405.1.
17    (f) The Secretary of State, upon application, shall issue
18disability registration plates or a parking decal to
19corporations, school districts, State or municipal agencies,
20limited liability companies, nursing homes, convalescent
21homes, or special education cooperatives which will transport
22persons with disabilities. The Secretary shall prescribe by
23rule a means to certify or re-certify the eligibility of
24organizations to receive disability plates or decals and to
25designate which of the 2 person with disabilities emblems shall
26be placed on qualifying vehicles.

 

 

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