Full Text of HB5624 97th General Assembly
HB5624ham002 97TH GENERAL ASSEMBLY | Rep. Karen May Filed: 3/6/2012
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| 1 | | AMENDMENT TO HOUSE BILL 5624
| 2 | | AMENDMENT NO. ______. Amend House Bill 5624 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Illinois Vehicle Code is amended by | 5 | | changing Sections 11-1301.1, 11-1301.3, and 11-1301.5 and by | 6 | | adding 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 | 9 | | privileges - Exemptions. A motor vehicle bearing registration | 10 | | plates issued to a person with
disabilities, as defined by | 11 | | Section 1-159.1, pursuant to Section 3-616 or to a
disabled | 12 | | veteran pursuant to Section 3-609 or a special decal or device | 13 | | issued
pursuant to Section 3-616 or pursuant to Section | 14 | | 11-1301.2 of this Code or a
motor vehicle registered in another | 15 | | jurisdiction, state, district, territory or
foreign country | 16 | | upon which is displayed a registration plate, special decal or
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| 1 | | device issued by the other jurisdiction designating the vehicle | 2 | | is operated by
or for a person with disabilities shall be | 3 | | exempt from the payment of parking
meter fees and exempt from | 4 | | any statute or ordinance imposing time limitations
on parking, | 5 | | except limitations of one-half hour or less, on any street or
| 6 | | highway zone, a parking area subject to paragraph (10) of | 7 | | subsection (a) of Section 11-209 of this Code, or any parking | 8 | | lot or parking place which
are owned, leased or owned and | 9 | | leased by a municipality or a municipal
parking utility; and | 10 | | shall be recognized by state and local authorities
as a valid | 11 | | license plate or parking device and shall receive the same
| 12 | | parking privileges as residents of this State; but, such | 13 | | vehicle shall be
subject to the laws which prohibit parking in | 14 | | "no stopping" and "no
standing" zones in front of or near fire | 15 | | hydrants, driveways, public
building entrances and exits, bus | 16 | | stops and loading areas, and is
prohibited from parking where | 17 | | the motor vehicle constitutes a traffic
hazard, whereby such | 18 | | motor vehicle shall be moved at the instruction and
request of | 19 | | a law enforcement officer to a location designated by the
| 20 | | officer. Any motor vehicle bearing registration plates or a | 21 | | special decal
or device specified in this Section or in Section | 22 | | 3-616 of this Code or
such parking device as specifically | 23 | | authorized in Section 11-1301.2 as
evidence that the vehicle is | 24 | | operated by or for a person with disabilities or
disabled | 25 | | veteran may park, in addition to any
other lawful place, in any | 26 | | parking place specifically reserved for such
vehicles by the |
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| 1 | | posting of an official sign as provided under Section 11-301.
| 2 | | Parking privileges granted by this Section are strictly limited
| 3 | | to the person to whom the special registration plates, special | 4 | | decal or
device were issued and to qualified operators acting | 5 | | under his express
direction while the person with disabilities | 6 | | is present.
A person to whom privileges were granted shall, at | 7 | | the request of a
police officer or any other person invested by | 8 | | law with authority to direct,
control, or regulate traffic, | 9 | | present an identification card with a picture as
verification | 10 | | that the
person is the person to whom the special registration | 11 | | plates, special decal or
device was issued.
| 12 | | Such parking privileges granted by this Section are also | 13 | | extended to
motor vehicles of not-for-profit organizations | 14 | | used for the transportation of
persons with disabilities when | 15 | | such motor vehicles display the decal or device
issued pursuant | 16 | | to Section 11-1301.2 of this Code.
| 17 | | No person shall use any area for the parking of any motor | 18 | | vehicle
pursuant to Section 11-1303 of this Code or where an | 19 | | official sign
controlling such area expressly prohibits | 20 | | parking at any time or during
certain hours.
| 21 | | Beginning January 1, 2014, except as provided under Section | 22 | | 11-1301.9 of this Code, no person shall be exempt from the | 23 | | payment of fees generated by parking in a metered space or in a | 24 | | publicly owned parking structure or area or in a parking area | 25 | | subject to paragraph (10) of subsection (a) of Section 11-209 | 26 | | of this Code. |
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| 1 | | (Source: P.A. 95-167, eff. 1-1-08; 96-79, eff. 1-1-10.)
| 2 | | (625 ILCS 5/11-1301.3) (from Ch. 95 1/2, par. 11-1301.3)
| 3 | | Sec. 11-1301.3. Unauthorized use of parking places | 4 | | reserved for persons with
disabilities. | 5 | | (a) It shall be prohibited to park any motor vehicle which | 6 | | is not properly
displaying
registration plates or decals issued | 7 | | to a person with disabilities, as defined
by Section 1-159.1, | 8 | | pursuant to Sections 3-616, 11-1301.1 or 11-1301.2, or to
a | 9 | | disabled veteran pursuant to Section 3-609 of this Act, as | 10 | | evidence that the
vehicle is operated by or for a person with | 11 | | disabilities or disabled veteran,
in any parking place, | 12 | | including any private
or public offstreet parking facility, | 13 | | specifically reserved, by the
posting of an official sign as | 14 | | designated under Section 11-301, for
motor vehicles displaying | 15 | | such registration plates.
It shall be prohibited to park any | 16 | | motor vehicle in a designated access
aisle adjacent to any | 17 | | parking place specifically reserved for persons with
| 18 | | disabilities, by the posting of an official sign as designated | 19 | | under Section
11-301, for motor vehicles displaying such | 20 | | registration plates.
When using the parking privileges for | 21 | | persons with disabilities, the parking
decal or device must be | 22 | | displayed properly in the vehicle where it is clearly
visible | 23 | | to law enforcement personnel, either hanging from the rearview | 24 | | mirror
or placed on the dashboard of the vehicle in clear view.
| 25 | | Disability license plates and parking decals and devices are |
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| 1 | | not transferable from person to person. Proper usage of the | 2 | | disability license plate or parking decal or device requires | 3 | | the authorized holder to be present and enter or exit the | 4 | | vehicle at the time the parking privileges are being used. It | 5 | | is a violation of this Section to park in a space reserved for | 6 | | a person with disabilities if the authorized holder of the | 7 | | disability license plate or parking decal or device does not | 8 | | enter or exit the vehicle at the time the parking privileges | 9 | | are being used. Any motor vehicle properly displaying a | 10 | | disability license plate or a
parking decal or device | 11 | | containing the International symbol of access
issued to persons | 12 | | with disabilities by any local authority, state, district,
| 13 | | territory or foreign country shall be recognized by State and | 14 | | local
authorities as a valid license plate or device and | 15 | | receive the same parking
privileges as residents of this State.
| 16 | | (a-1) An individual with a vehicle displaying disability | 17 | | license plates or a parking decal or device issued to a | 18 | | qualified person with a disability under Sections 3-616, | 19 | | 11-1301.1, or 11-1301.2 or to a disabled veteran under Section | 20 | | 3-609 is in violation of this Section if (i) the person using | 21 | | the disability license plate or parking decal or device is not | 22 | | the authorized holder of the disability license plate or | 23 | | parking decal or device or is not transporting the authorized | 24 | | holder of the disability license plate or parking decal or | 25 | | device to or from the parking location and (ii) the person uses | 26 | | the disability license plate or parking decal or device to |
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| 1 | | exercise any privileges granted through the disability license | 2 | | plate or parking decals or devices under this Code.
| 3 | | (b) Any person or local authority owning or operating any | 4 | | public or private
offstreet parking facility may, after | 5 | | notifying the police or sheriff's
department, remove or cause | 6 | | to be removed to the nearest garage or other
place of safety | 7 | | any vehicle parked within a stall or space reserved for
use by | 8 | | a person with disabilities which does not
display person with | 9 | | disabilities registration
plates or a special decal or device | 10 | | as required under this Section.
| 11 | | (c) Any person found guilty of violating the provisions of | 12 | | subsection (a) shall be fined $250 in addition to any costs or | 13 | | charges connected
with the removal or storage of any motor | 14 | | vehicle authorized under this
Section; but municipalities by | 15 | | ordinance may impose a fine up to $350
and shall display signs | 16 | | indicating the fine imposed. If the amount of
the fine is | 17 | | subsequently changed, the municipality shall change the sign to
| 18 | | indicate the current amount of the fine.
It shall not be a | 19 | | defense to a charge under this Section that either the sign | 20 | | posted
pursuant to this
Section or the intended accessible | 21 | | parking place does not comply with the technical requirements | 22 | | of Section 11-301,
Department
regulations, or local ordinance | 23 | | if a reasonable person would be made aware by
the
sign or | 24 | | notice on or near the parking place that the place is reserved | 25 | | for a
person
with
disabilities.
| 26 | | (c-1) Any person found guilty of violating the provisions |
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| 1 | | of subsection (a-1) a first time shall be fined $600 $500 . Any | 2 | | person found guilty of violating subsection (a-1) a second time | 3 | | shall be fined $750. Any person found guilty of violating | 4 | | subsection (a-1) a third or subsequent time shall be fined | 5 | | $1,000. The circuit clerk shall distribute 50% of the fine | 6 | | imposed on any person who is found guilty of or pleads guilty | 7 | | to violating this Section, including any person placed on court | 8 | | supervision for violating this Section, to the law enforcement | 9 | | agency that issued the citation or made the arrest. If more | 10 | | than one law enforcement agency is responsible for issuing the | 11 | | citation or making the arrest, the 50% of the fine imposed | 12 | | shall be shared equally.
If an officer of the Secretary of | 13 | | State Department of Police arrested a person for a violation of | 14 | | this Section, 50% of the fine imposed shall be deposited into | 15 | | the Secretary of State Police Services Fund. | 16 | | (d) Local authorities shall impose fines as established in | 17 | | subsections
(c) and (c-1) for violations of this Section.
| 18 | | (e) As used in this Section, "authorized holder" means an | 19 | | individual
issued a disability
license plate under Section | 20 | | 3-616 of this
Code, an individual issued a parking decal or | 21 | | device
under Section 11-1301.2 of this Code, or an individual | 22 | | issued a disabled veteran's license plate under Section 3-609 | 23 | | of this Code. | 24 | | (f) Any person who commits a violation of subsection (a-1) | 25 | | may have his or her driving privileges suspended or revoked by | 26 | | the Secretary of State for a period of time determined by the |
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| 1 | | Secretary of State. The Secretary of State may also suspend or | 2 | | revoke the disability license plates or parking decal or device | 3 | | for a period of time determined by the Secretary of State.
| 4 | | (g) Any police officer may seize the parking decal
or | 5 | | device from any person who commits a violation of this Section. | 6 | | Any police officer may seize the disability license plate upon | 7 | | authorization from the Secretary of State. Any police officer | 8 | | may request that the Secretary of State revoke the parking | 9 | | decal or device or the disability license plate of any person | 10 | | who commits a violation of this Section. | 11 | | (Source: P.A. 95-167, eff. 1-1-08; 95-430, eff. 6-1-08; 95-876, | 12 | | eff. 8-21-08; 96-72, eff. 1-1-10; 96-79, eff. 1-1-10; 96-962, | 13 | | eff. 7-2-10; 96-1000, eff. 7-2-10.)
| 14 | | (625 ILCS 5/11-1301.5)
| 15 | | Sec. 11-1301.5. Fictitious or unlawfully altered | 16 | | disability
license plate or parking decal or device. | 17 | | (a) As used in this Section:
| 18 | | "Fictitious disability license plate or parking decal or
| 19 | | device" means any issued disability license plate or parking
| 20 | | decal
or device, or any license plate issued to a disabled | 21 | | veteran under Section 3-609 of this Code or to certain persons | 22 | | with disabilities under Section 11-1301.9 of this Code , that | 23 | | has been issued by the Secretary of State or an authorized unit
| 24 | | of local government that was issued based upon false | 25 | | information contained on
the required application.
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| 1 | | "False information" means any incorrect or inaccurate | 2 | | information
concerning
the name, date of birth, social security | 3 | | number, driver's license number,
physician certification, or | 4 | | any other information required on the Persons with Disabilities | 5 | | Certification for Plate or Parking Placard, on the Application | 6 | | for Replacement Disability Parking Placard, or on the
| 7 | | application
for license plates issued to disabled veterans | 8 | | under Section 3-609 of this Code , or on the application for | 9 | | free parking privileges under Section 11-1301.9 of this Code , | 10 | | that
falsifies the content of the application.
| 11 | | "Unlawfully altered disability
license plate or parking
| 12 | | permit or device" means any disability license plate or parking
| 13 | | permit or device, or any license plate issued to a disabled | 14 | | veteran under Section 3-609 of this Code , or to certain persons | 15 | | with disabilities under Section 11-1301.9 of this Code issued | 16 | | by the Secretary of State or an authorized unit of
local | 17 | | government that has been physically altered or changed in such | 18 | | manner
that false information appears on the license plate or | 19 | | parking decal or device.
| 20 | | "Authorized holder" means an individual issued a | 21 | | disability
license plate under Section 3-616 of this Code or an | 22 | | individual issued a parking decal or device under Section | 23 | | 11-1301.2 of this Code, or an individual issued a disabled | 24 | | veteran's license plate under Section 3-609 of this Code , or an | 25 | | individual granted free parking privileges under Section | 26 | | 11-1301.9 of this Code .
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| 1 | | (b) It is a violation of this Section for any person:
| 2 | | (1) to knowingly possess any fictitious or unlawfully | 3 | | altered disability license plate or parking decal or | 4 | | device;
| 5 | | (2) to knowingly issue or assist in the issuance of, by | 6 | | the Secretary of
State or unit of local government, any | 7 | | fictitious disability
license plate or parking decal or | 8 | | device;
| 9 | | (3) to knowingly alter any disability license plate or
| 10 | | parking decal or device;
| 11 | | (4) to knowingly manufacture, possess, transfer, or | 12 | | provide any
documentation used in the application process | 13 | | whether real or fictitious, for
the purpose of obtaining a | 14 | | fictitious disability license plate or
parking decal or | 15 | | device;
| 16 | | (5) to knowingly provide any false information to the | 17 | | Secretary of State
or a unit of local government in order | 18 | | to obtain a disability
license plate or parking decal or | 19 | | device; or
| 20 | | (6) to knowingly transfer a disability license plate or
| 21 | | parking decal or device for the purpose of exercising the | 22 | | privileges granted
to an authorized holder of a disability
| 23 | | license plate or parking
decal or device under this Code in | 24 | | the absence of the authorized holder ; or .
| 25 | | (7) for a physician to knowingly falsify a | 26 | | certification that a person is a person with disabilities |
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| 1 | | as defined by Section 1-159.1 of this Code. | 2 | | (c) Sentence.
| 3 | | (1) Any person convicted of a violation of paragraph | 4 | | (1), (2), (3), (4), or (5) of subsection (b) of this | 5 | | Section shall be guilty of
a Class A misdemeanor and fined | 6 | | not less than $1,000 $500 for a first offense and shall be | 7 | | guilty of a Class 4 felony and fined not less than $2,000 | 8 | | $1,000 for a second or subsequent offense. Any person | 9 | | convicted of a violation of subdivision (b)(6) of this | 10 | | Section is guilty of a Class A misdemeanor and shall be | 11 | | fined not less than $1,000 $500 for a first offense and not | 12 | | less than $2,000 $1,000 for a second or subsequent offense. | 13 | | A person convicted of a violation of paragraph (7) of | 14 | | subsection (b) of this Section shall be guilty of a Class A | 15 | | misdemeanor and fined not less than $2,000 for a first | 16 | | offense and shall be guilty of a Class 4 felony and fined | 17 | | not less than $4,000 for a second or subsequent offense. | 18 | | The circuit clerk shall distribute one-half of any fine | 19 | | imposed on any person who is found guilty of or pleads | 20 | | guilty to violating this Section, including any person | 21 | | placed on court supervision for violating this Section, to | 22 | | the law enforcement agency that issued the citation or made | 23 | | the arrest. If more than one law enforcement agency is | 24 | | responsible for issuing the citation or making the arrest, | 25 | | one-half of the fine imposed shall be shared equally.
| 26 | | (2) Any person who commits a violation of this Section |
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| 1 | | may have his
or her driving privileges suspended or revoked | 2 | | by the Secretary of State for a
period of time determined | 3 | | by the Secretary of State. The Secretary of State may | 4 | | suspend or revoke the parking decal or device or the | 5 | | disability license plate of any person who commits a | 6 | | violation of this Section.
| 7 | | (3) Any police officer may seize the parking decal or | 8 | | device from any
person who commits a violation of this | 9 | | Section. Any police officer may seize
the disability | 10 | | license plate upon authorization from the
Secretary of | 11 | | State. Any police officer may request that the Secretary of | 12 | | State
revoke the parking decal or device or the disability | 13 | | license
plate of any person who commits a violation of this | 14 | | Section.
| 15 | | (Source: P.A. 95-167, eff. 1-1-08; 96-79, eff. 1-1-10.)
| 16 | | (625 ILCS 5/11-1301.9 new) | 17 | | Sec. 11-1301.9. Free parking for certain persons with | 18 | | disabilities. | 19 | | (a) Beginning January 1, 2014, to be entitled to free | 20 | | parking in a metered space, a parking area subject to paragraph | 21 | | (10) of subsection (a) of Section 11-209 of this Code, or in a | 22 | | publicly owned parking structure or area, a vehicle must | 23 | | properly display on the vehicle's disability license plate or | 24 | | parking decal or
device the insignia issued by the Secretary of | 25 | | State showing that the person is eligible for free parking |
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| 1 | | under this Section. The Secretary shall issue the insignia to | 2 | | any person who meets the eligibility criteria contained in this | 3 | | Section. | 4 | | (b) The Secretary shall issue free parking insignia to any | 5 | | person with
disabilities, as defined by Section 1-159.1, who | 6 | | has been issued registration plates under Section 3-616 or | 7 | | 3-609 of this Code or a special decal or device under Section | 8 | | 3-616 or 11-1301.2 of this Code, who is unable to do one or | 9 | | more of the following: | 10 | | (1) manage, manipulate, or insert coins, or obtain | 11 | | tickets or tokens in parking meters or ticket machines in | 12 | | parking lots or parking structures, due to the lack of fine | 13 | | motor control of both hands; | 14 | | (2) reach above his or her head to a height of 42 | 15 | | inches from the ground, due to a lack of finger, hand, or | 16 | | upper extremity strength or mobility; | 17 | | (3) approach a parking meter due to his or her use of a | 18 | | wheelchair or other device; and | 19 | | (4) walk more than 20 feet due to an orthopedic, | 20 | | neurological, cardiovascular, or lung condition in which | 21 | | the degree of debilitation is so severe that it almost | 22 | | completely impedes the ability to walk. | 23 | | (c) An application for free parking insignia based upon the | 24 | | physical conditions listed in subsection (b) shall contain a | 25 | | statement, certified by
a
licensed physician, attesting to the | 26 | | nature and estimated duration of the applicant's disabling |
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| 1 | | condition and verifying that the applicant qualifies for free | 2 | | parking. | 3 | | (d) The Secretary may issue to a person with a temporary | 4 | | disability temporary insignia that is valid for a period of not | 5 | | more than 6 months. The Secretary may issue to a person with a | 6 | | permanent disability original or renewal permanent insignia | 7 | | that is valid for 4 years. | 8 | | (e) The Secretary shall adopt rules to implement this | 9 | | Section. ".
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