State of Illinois
92nd General Assembly
Legislation

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[ Engrossed ][ Enrolled ][ Senate Amendment 001 ]


92_HB0846

 
                                               LRB9203178DHmb

 1        AN ACT in relation to vehicles.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section 5.  The  Illinois  Vehicle  Code  is  amended  by
 5    changing   Sections  1-159.1,  3-616,  11-1301.2,  11-1301.3,
 6    11-1301.5, and 11-1301.6 as follows:

 7        (625 ILCS 5/1-159.1) (from Ch. 95 1/2, par. 1-159.1)
 8        Sec. 1-159.1. Person with disabilities. A natural  person
 9    who,  as determined by a licensed physician:  (1) cannot walk
10    200 feet without stopping to rest; (2)  cannot  walk  without
11    the  use  of,  or  assistance  from,  a  brace, cane, crutch,
12    another  person,  prosthetic  device,  wheelchair,  or  other
13    assistive device; (2) (3) is restricted by  lung  disease  to
14    such   an   extent  that  his  or  her  forced  (respiratory)
15    expiratory  volume  for  one   second,   when   measured   by
16    spirometry,  is  less  than one liter, or the arterial oxygen
17    tension is less than 60 mm/hg on room air at  rest;  (3)  (4)
18    uses  portable oxygen; (4) (5) has a cardiac condition to the
19    extent  that  the   person's   functional   limitations   are
20    classified in severity as Class III or Class IV, according to
21    standards  set  by the American Heart Association; (5) or (6)
22    is severely limited in the person's ability to walk due to an
23    arthritic, neurological,  or  orthopedic  condition;  or  (6)
24    cannot  walk 200 feet without stopping to rest because of one
25    of the above 5 conditions.
26    (Source: P.A. 88-685, eff. 1-24-95.)

27        (625 ILCS 5/3-616) (from Ch. 95 1/2, par. 3-616)
28        Sec. 3-616.  Person with disabilities license plates.
29        (a)  Upon receiving an application for a  certificate  of
30    registration for a motor vehicle of the first division or for
 
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 1    a  motor vehicle of the second division weighing no more than
 2    8,000 pounds, accompanied with payment  of  the  registration
 3    fees required under this Code from a person with disabilities
 4    or  a  person  who  is  deaf  or  hard of hearing person, the
 5    Secretary of State, if so  requested,  shall  issue  to  such
 6    person  registration plates as provided for in Section 3-611,
 7    provided that the person with disabilities or person  who  is
 8    deaf  or  hard  of  hearing  must  not  be  disqualified from
 9    obtaining a driver's license under subsection  8  of  Section
10    6-103  of  this  Code,  and  further provided that any person
11    making such a request must submit a statement certified by  a
12    licensed physician to the effect that such person is a person
13    with disabilities as defined by Section 1-159.1 of this Code,
14    or  alternatively  provide  adequate  documentation that such
15    person has a Class 1A, Class 2A  or  Type  Four    disability
16    under   the   provisions   of  Section  4A  of  the  Illinois
17    Identification Card Act.  For purposes of  this  Section,  an
18    Illinois  Disabled Person Identification Card issued pursuant
19    to the Illinois Identification Card Act indicating  that  the
20    person  thereon  named  has  a  disability  shall be adequate
21    documentation of such a disability.
22        (b)  The Secretary shall issue plates under this  Section
23    to  a  parent  or  legal  guardian  of  a person with without
24    disabilities if the person with disabilities a member of that
25    person's  immediate  family  has  a  Class  1A  or  Class  2A
26    disability  as  defined  in  Section  4A  of   the   Illinois
27    Identification  Card  Act or is a person with disabilities as
28    defined by Section 1-159.1 of this Code, and does not possess
29    a vehicle registered in his or her the  name  of  the  person
30    with  disabilities  under  Section  3-616,  provided that the
31    person with disabilities relies frequently on the  parent  or
32    legal guardian applicant for transportation in the vehicle to
33    be  registered.  Only one vehicle two vehicles per family may
34    be registered under this subsection, unless the applicant can
 
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 1    justify in writing the need for one additional set of plates.
 2    Any person requesting special plates  under  this  subsection
 3    shall submit such documentation or such physician's statement
 4    as  is  required  in subsection paragraph (a) and a statement
 5    describing  the  circumstances  qualifying  for  issuance  of
 6    special plates under this subsection.
 7        (c)  The Secretary may issue a person  with  disabilities
 8    parking  decal  or  device  to  a person with disabilities as
 9    defined by Section 1-159.1 without regard to qualification of
10    such person with  disabilities  for  a  driver's  license  or
11    registration of a vehicle by such person with disabilities or
12    such  person's  immediate  family,  provided such person with
13    disabilities making such a request has been issued a Disabled
14    Person Identification Card indicating that the  person  named
15    thereon   has   a   Class  1A  or  Class  2A  disability,  or
16    alternatively, submits a statement certified  by  a  licensed
17    physician  to  the  effect  that such person is a person with
18    disabilities as defined by Section 1-159.1.
19        (d)  The  Secretary  shall   prescribe   by   rules   and
20    regulations  procedures to certify or re-certify as necessary
21    the eligibility of persons whose disabilities are other  than
22    permanent  for  special  plates  or  person with disabilities
23    parking decals or devices issued under subsections  (a),  (b)
24    and  (c).   Except  as  provided under subsection (f) of this
25    Section, no such special plates, decals or devices  shall  be
26    issued  by  the  Secretary  of  State  to or on behalf of any
27    person with disabilities unless such person is  certified  as
28    meeting the definition of a person with disabilities pursuant
29    to  Section 1-159.1 or meeting the requirement of a Type Four
30    disability as provided  under  Section  4A  of  the  Illinois
31    Identification  Card  Act  for  the  period  of time that the
32    physician determines the applicant will have the  disability,
33    but  not to exceed 6 months from the date of certification or
34    recertification.
 
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 1        (e)  Any person  requesting  special  plates  under  this
 2    Section   may   also   apply   to  have  the  special  plates
 3    personalized, as provided under Section 3-405.1.
 4        (f)  The Secretary  of  State,  upon  application,  shall
 5    issue  person  with  disabilities  registration  plates  or a
 6    person  with  disabilities  parking  decal  to  corporations,
 7    school  districts,  State  or  municipal  agencies,   limited
 8    liability  companies,  nursing  homes, convalescent homes, or
 9    special education cooperatives which will  transport  persons
10    with  disabilities.  The Secretary shall  prescribe by rule a
11    means  to  certify  or   re-certify   the   eligibility    of
12    organizations  to  receive person with disabilities plates or
13    decals and to designate  which  of  the  2  two  person  with
14    disabilities emblems shall be placed on qualifying vehicles.
15        (g)  The  Secretary  of State, or his designee, may enter
16    into agreements with other jurisdictions,  including  foreign
17    jurisdictions,  on  behalf  of  this  State  relating  to the
18    extension of parking  privileges  by  such  jurisdictions  to
19    permanently  disabled  residents  of this State who display a
20    special license plate or parking  device  that  contains  the
21    International  symbol  of access on his or her motor vehicle,
22    and to recognize such plates or devices issued by such  other
23    jurisdictions.   This  State  shall  grant  the  same parking
24    privileges which are granted to disabled  residents  of  this
25    State  to any non-resident whose motor vehicle is licensed in
26    another state, district, territory or foreign country if such
27    vehicle displays the international  symbol  of  access  or  a
28    distinguishing  insignia  on license plates or parking device
29    issued in accordance with  the  laws  of  the  non-resident's
30    state, district, territory or foreign country.
31    (Source: P.A. 91-769, eff. 6-9-00; revised 12-26-00.)

32        (625 ILCS 5/11-1301.2) (from Ch. 95 1/2, par. 11-1301.2)
33        Sec.   11-1301.2.  Special   decals  for  a  person  with
 
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 1    disabilities parking.
 2        (a)  The  Secretary  of  State  shall  provide  for,   by
 3    administrative  rules, the design, size, color, and placement
 4    of a person with disabilities motorist decal  or  device  and
 5    shall  provide  for, by administrative rules, the content and
 6    form  of  an  application  for  a  person  with  disabilities
 7    motorist decal or  device,  which  shall  be  used  by  local
 8    authorities   in  the  issuance  thereof  to  a  person  with
 9    temporary disabilities, provided that the decal or device  is
10    valid  for  no more than 90 days, subject to renewal for like
11    periods based upon continued disability, and further provided
12    that the decal or device clearly sets forth the date that the
13    decal or device expires. The application  shall  include  the
14    requirement  of  an  Illinois Identification Card number or a
15    State of Illinois driver's  license  number.  This  decal  or
16    device shall be the property of such person with disabilities
17    and  may  be  used by that person to designate and identify a
18    vehicle not owned  or  displaying  a  registration  plate  as
19    provided in Sections 3-609 and 3-616 of this Act to designate
20    when  the  vehicle  is being used to transport said person or
21    persons with disabilities, and thus is entitled to enjoy  all
22    the   privileges   that  would  be  afforded  a  person  with
23    disabilities  licensed  vehicle.  Person  with   disabilities
24    decals  or  devices  issued  and  displayed  pursuant to this
25    Section  shall  be  recognized  and  honored  by  all   local
26    authorities  regardless  of which local authority issued such
27    decal or device.
28        The decal or device shall be issued only upon  a  showing
29    by  adequate  documentation that the person for whose benefit
30    the decal or device is to be used has a temporary  disability
31    as defined in Section 1-159.1 of this Code.
32        (b)  The local governing authorities shall be responsible
33    for  the  provision of such decal or device, its issuance and
34    designated placement within the vehicle.  The  cost  of  such
 
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 1    decal  or  device  shall  be  at the discretion of such local
 2    governing authority.
 3        (c)  The Secretary of  State  may,  pursuant  to  Section
 4    3-616(c),  issue  a person with disabilities parking decal or
 5    device to a person with disabilities as  defined  by  Section
 6    1-159.1.   Any  person  with  disabilities  parking  decal or
 7    device issued by the Secretary of State shall  be  registered
 8    to that person with disabilities in the form to be prescribed
 9    by  the  Secretary  of  State.   The person with disabilities
10    parking decal or  device  shall  not  display  that  person's
11    address.   One additional decal or device may be issued to an
12    applicant upon his  or  her  written  request  and  with  the
13    approval  of the Secretary of State. The written request must
14    include a justification of the need for the additional  decal
15    or device.
16        (d)  Replacement  decals  or  devices  may  be issued for
17    lost,  stolen,  or  destroyed  decals  upon  application  and
18    payment of a $10 fee.   The replacement fee may be waived for
19    individuals that have claimed and received a grant under  the
20    Senior  Citizens and Disabled Persons Property Tax Relief and
21    Pharmaceutical Assistance Act.
22    (Source: P.A. 90-106, eff. 1-1-98.)

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
25    reserved for persons with disabilities.
26        (a)  It shall be prohibited to  park  any  motor  vehicle
27    which  is not bearing registration plates or decals issued to
28    a person with disabilities, as defined  by  Section  1-159.1,
29    pursuant  to Sections 3-616, 11-1301.1  or 11-1301.2, or to a
30    disabled veteran pursuant to Section 3-609 of  this  Act,  as
31    evidence that the vehicle is operated by or for a person with
32    disabilities  or  disabled  veteran,  in any parking place or
33    access aisle,  including  any  private  or  public  offstreet
 
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 1    parking facility, specifically reserved, by the posting of an
 2    official  sign  as designated under Section 11-301, for motor
 3    vehicles bearing such registration plates. An individual with
 4    a vehicle bearing a person with disabilities license plate or
 5    parking decal or device issued to  a  disabled  person  under
 6    Sections  3-616,  11-1301.1,  or 11-1301.2 is in violation of
 7    this Section if the person is not the authorized holder of  a
 8    person  with  disabilities  license plate or parking decal or
 9    device and is not transporting the  authorized  holder  of  a
10    person  with  disabilities  license plate or parking decal or
11    device to or from the parking location and  the  person  uses
12    the  person  with disabilities license plate or parking decal
13    or device to exercise  any  privileges  granted  through  the
14    person  with disabilities license plates or parking decals or
15    devices under this Code.  Any motor vehicle bearing a  person
16    with disabilities license plate or a person with disabilities
17    parking  decal  or device containing the International symbol
18    of access issued to persons with disabilities  by  any  local
19    authority,  state,  district,  territory  or  foreign country
20    shall be recognized by state and local authorities as a valid
21    license  plate  or  device  and  receive  the  same   parking
22    privileges as residents of this State.
23        (b)  Any  person  or  local authority owning or operating
24    any public or private offstreet parking facility  may,  after
25    notifying the police or sheriff's department, remove or cause
26    to  be removed to the nearest garage or other place of safety
27    any vehicle parked within a stall or space reserved  for  use
28    by  a  person with disabilities which does not display person
29    with disabilities registration plates or a special  decal  or
30    device as required under this Section.
31        (c)  Any  person found guilty of violating the provisions
32    of this Section shall be fined $100 in addition to any  costs
33    or charges connected with the removal or storage of any motor
34    vehicle  authorized under this Section; but municipalities by
 
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 1    ordinance may impose a fine up  to  $200  and  shall  display
 2    signs indicating the fine imposed.  If the amount of the fine
 3    is  subsequently  changed,  the municipality shall change the
 4    sign to indicate the current amount of the fine. It shall not
 5    be a defense to a charge under this  Section  that  the  sign
 6    posted  pursuant  to  this  Section  does not comply with the
 7    technical  requirements   of   Section   11-301,   Department
 8    regulations,  or local ordinance if a reasonable person would
 9    be made aware by the sign or notice on or  near  the  parking
10    place   that   the  place  is  reserved  for  a  person  with
11    disabilities.
12        (d)  Local authorities shall impose fines as  established
13    in subsection (c) for violations of this Section.
14        (e)  As  used  in this Section, "authorized holder" means
15    an individual issued a person with disabilities license plate
16    under Section 3-616 of this Code or an  individual  issued  a
17    person  with  disabilities  parking  decal  or  device  under
18    Section 11-1301.2 of this Code.
19    (Source: P.A. 90-106, eff. 1-1-98; 91-427, eff. 8-6-99.)

20        (625 ILCS 5/11-1301.5)
21        Sec.  11-1301.5.  Fictitious or unlawfully altered person
22    with disabilities license plate or parking decal or device.
23        (a)  As used in this Section:
24        "Fictitious person with  disabilities  license  plate  or
25    parking  decal  or  device"  means  any  issued  person  with
26    disabilities  license  plate  or parking decal or device that
27    has been issued by the Secretary of State  or  an  authorized
28    unit  of  local  government  that was issued based upon false
29    information contained on the required application.
30        "False information" means  any  incorrect  or  inaccurate
31    information  concerning  the  name,  date  of  birth,  social
32    security   number,   driver's   license   number,   physician
33    certification,  or  any  other  information  required  on the
 
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 1    application for a person with disabilities license  plate  or
 2    parking  permit  or  device that falsifies the content of the
 3    application.
 4        "Unlawfully  altered  person  with  disabilities  license
 5    plate or parking permit or  device"  means  any  person  with
 6    disabilities license plate or parking permit or device issued
 7    by  the  Secretary  of  State  or an authorized unit of local
 8    government that has been physically  altered  or  changed  in
 9    such  manner  that  false  information appears on the license
10    plate or parking decal or device.
11        "Authorized holder" means an individual issued  a  person
12    with  disabilities  license plate under Section 3-616 of this
13    Code or an  individual  issued  a  person  with  disabilities
14    parking decal or device under Section 11-1301.2 of this Code.
15        (b)  It is a violation of this Section for any person:
16             (1)  to   knowingly   possess   any   fictitious  or
17        unlawfully altered person with disabilities license plate
18        or parking decal or device;
19             (2)  to knowingly issue or assist  in  the  issuance
20        of,   by   the  Secretary  of  State  or  unit  of  local
21        government,  any  fictitious  person  with   disabilities
22        license plate or parking decal or device;
23             (3)  to knowingly alter any person with disabilities
24        license plate or parking decal or device;
25             (4)  to knowingly manufacture, possess, transfer, or
26        provide any documentation used in the application process
27        whether  real or fictitious, for the purpose of obtaining
28        a fictitious person with disabilities  license  plate  or
29        parking decal or device;
30             (5)  to  knowingly  provide any false information to
31        the Secretary of State or a unit of local  government  in
32        order  to obtain a person with disabilities license plate
33        or parking decal or device; or
34             (6)  to   knowingly   transfer   a    person    with
 
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 1        disabilities license plate or parking decal or device for
 2        the  purpose  of  exercising the privileges granted to an
 3        authorized holder of a person with  disabilities  license
 4        plate  or  parking decal or device under this Code in the
 5        absence of the authorized holder.
 6        (c)  Sentence.
 7             (1)  Any person convicted of  a  violation  of  this
 8        Section shall be guilty of a Class A misdemeanor.
 9             (2)  Any  person  who  commits  a  violation of this
10        Section may have his or her driving privileges  suspended
11        or revoked by the Secretary of State for a period of time
12        determined by the Secretary of State.
13             (3)  Any  police officer may seize the parking decal
14        or device from any person who commits a violation of this
15        Section.  Any police officer may seize  the  person  with
16        disabilities  license  place  upon authorization from the
17        Secretary of State.  Any police officer may request  that
18        the Secretary of State revoke the parking decal or device
19        or  the  person  with  disabilities license plates of any
20        person who commits a violation of this Section.
21    (Source: P.A. 90-106, eff. 1-1-98; 90-655, eff. 7-30-98.)

22        (625 ILCS 5/11-1301.6)
23        Sec.  11-1301.6.  Fraudulent  person  with   disabilities
24    license plate or parking decal or device.
25        (a)  As used in this Section:
26             "Fraudulent  person  with disabilities license plate
27        or  parking  decal  or  device"  means  any  person  with
28        disabilities license plate or  parking  decal  or  device
29        that  purports to be an official person with disabilities
30        license plate or parking decal or device and that has not
31        been issued by the Secretary of State  or  an  authorized
32        unit of local government.
33             "Person  with  disabilities license plate or parking
 
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 1        decal or device-making  implement"  means  any  implement
 2        specially  designed or primarily used in the manufacture,
 3        assembly, or authentication of a person with disabilities
 4        license plate or parking decal or device  issued  by  the
 5        Secretary of State or a unit of local government.
 6        (b)  It is a violation of this Section for any person:
 7             (1)  to knowingly possess any fraudulent person with
 8        disabilities license plate or parking decal;
 9             (2)  to  knowingly  possess  without  authority  any
10        person  with  disabilities license plate or parking decal
11        or device-making implement;
12             (3)  to knowingly duplicate, manufacture,  sell,  or
13        transfer   any   fraudulent   or   stolen   person   with
14        disabilities license plate or parking decal or device;
15             (4)  to   knowingly   assist   in  the  duplication,
16        manufacturing, selling, or transferring of any fraudulent
17        or stolen  person  with  disabilities  license  plate  or
18        parking decal or device; or
19             (5)  to  advertise or distribute a fraudulent person
20        with disabilities  license  plate  or  parking  decal  or
21        device.
22        (c)  Sentence.
23             (1)  Any  person  convicted  of  a violation of this
24        Section shall be guilty of a Class 4 felony.
25             (2)  Any person who  commits  a  violation  of  this
26        Section  may have his or her driving privileges suspended
27        or revoked by the Secretary of State for a period of time
28        determined by the Secretary of State.
29             (3)  Any police officer may seize the parking  decal
30        or device from any person who commits a violation of this
31        Section.   Any  police  officer may seize the person with
32        disabilities license place upon  authorization  from  the
33        Secretary  of State.  Any police officer may request that
34        the Secretary of State revoke the parking decal or device
 
                            -12-               LRB9203178DHmb
 1        or the person with disabilities  license  plates  of  any
 2        person who commits a violation of this Section.
 3    (Source: P.A. 90-106, eff. 1-1-98.)

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