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90_SB0951eng
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Amends the Illinois Vehicle Code. Provides that the
Secretary of State may take possession of a person with
disabilities license plate or parking decal or device that is
fictitious or unlawfully or erroneously issued or upon
expiration, revocation, cancellation, or suspension.
Provides that the decals or devices for a person with
disabilities issued by local authorities are for a person
with temporary disabilites (not a person with disabilities)
and removes not-for-profit organizations from these
provisions. Provides that performing specified acts
concerning fictitious or unlawfully altered person with
disabilities license plates or parking decals or devices is
unlawful and a Class A misdemeanor. Provides that performing
specified acts concerning fraudulent person with disabilities
license plates or parking decals or devices is unlawful and a
Class 4 felony. Provides that the Secretary may suspend or
revoke the person's driving privileges for these acts.
Provides that a person is in violation of provisions
concerning unauthorized use of parking places reserved for
disabled persons if the person is an unauthorized holder of a
person with disabilities license plate or parking decal or
permit. Provides that provisions of this Code shall not be
deemed to prevent local authorities from prohibiting the
unauthorized use of parking spaces reserved for persons with
disabilities on private property. Provides that provisions
concerning the powers of municipalities and counties and
contracts with certain entities and people for regulation of
traffic shall not be deemed to prevent local authorities from
enforcing, on private property, local ordinances imposing
fines as penalties for the unauthorized use of parking spaces
reserved for persons with disabilities or disabled veterans.
Effective January 1, 1998.
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1 AN ACT concerning vehicles, amending a named Act.
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 2-111, 3-704, 6-206, 11-208, 11-209,
6 11-1301.1, 11-1301.2, and 11-1301.3 and adding Sections
7 11-1301.5 and 11-1301.6 as follows:
8 (625 ILCS 5/2-111) (from Ch. 95 1/2, par. 2-111)
9 Sec. 2-111. Seizure of documents and plates. The
10 Secretary of State is authorized to take possession of any
11 certificate of title, registration card, permit, license,
12 registration plate, plates, person with disabilities license
13 plate or parking decal or device, or registration sticker
14 issued by him upon expiration, revocation, cancellation or
15 suspension thereof, or which is fictitious, or which has been
16 unlawfully or erroneously issued. Police officers who have
17 reasonable grounds to believe that any item or items listed
18 in this section should be seized shall request the Secretary
19 of State to take possession of such item or items.
20 (Source: P.A. 82-433.)
21 (625 ILCS 5/3-704) (from Ch. 95 1/2, par. 3-704)
22 Sec. 3-704. Authority of Secretary of State to suspend or
23 revoke a registration or certificate of title. The
24 Secretary of State may suspend or revoke the registration of
25 a vehicle or a certificate of title, registration card,
26 registration sticker, registration plate, person with
27 disabilities parking decal or device, or any nonresident or
28 other permit in any of the following events:
29 1. When the Secretary of State is satisfied that such
30 registration or that such certificate, card, plate,
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1 registration sticker or permit was fraudulently or
2 erroneously issued;
3 2. When a registered vehicle has been dismantled or
4 wrecked or is not properly equipped;
5 3. When the Secretary of State determines that any
6 required fees have not been paid to either the Secretary of
7 State or the Illinois Commerce Commission and the same are
8 not paid upon reasonable notice and demand;
9 4. When a registration card, registration plate,
10 registration sticker or permit is knowingly displayed upon a
11 vehicle other than the one for which issued;
12 5. When the Secretary of State determines that the owner
13 has committed any offense under this Chapter involving the
14 registration or the certificate, card, plate, registration
15 sticker or permit to be suspended or revoked;
16 6. When the Secretary of State determines that a vehicle
17 registered not-for-hire is used or operated for-hire
18 unlawfully, or used or operated for purposes other than those
19 authorized;
20 7. When the Secretary of State determines that an owner
21 of a for-hire motor vehicle has failed to give proof of
22 financial responsibility as required by this Act;
23 8. When the Secretary determines that the vehicle is not
24 subject to or eligible for a registration;
25 9. When the Secretary determines that the owner of a
26 vehicle registered under the mileage weight tax option fails
27 to maintain the records specified by law, or fails to file
28 the reports required by law, or that such vehicle is not
29 equipped with an operable and operating speedometer or
30 odometer; or
31 10. When the Secretary of State is so authorized under
32 any other provision of law; or.
33 11. When the Secretary of State determines that the
34 holder of a person with disabilities parking decal or device
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1 has committed any offense under Chapter 11 of this Code
2 involving the use of a person with disabilities parking decal
3 or device.
4 (Source: P.A. 80-230.)
5 (625 ILCS 5/6-206) (from Ch. 95 1/2, par. 6-206)
6 Sec. 6-206. Discretionary authority to suspend or revoke
7 license or permit; Right to a hearing.
8 (a) The Secretary of State is authorized to suspend or
9 revoke the driving privileges of any person without
10 preliminary hearing upon a showing of the person's records or
11 other sufficient evidence that the person:
12 1. Has committed an offense for which mandatory
13 revocation of a driver's license or permit is required
14 upon conviction;
15 2. Has been convicted of not less than 3 offenses
16 against traffic regulations governing the movement of
17 vehicles committed within any 12 month period. No
18 revocation or suspension shall be entered more than 6
19 months after the date of last conviction;
20 3. Has been repeatedly involved as a driver in
21 motor vehicle collisions or has been repeatedly convicted
22 of offenses against laws and ordinances regulating the
23 movement of traffic, to a degree that indicates lack of
24 ability to exercise ordinary and reasonable care in the
25 safe operation of a motor vehicle or disrespect for the
26 traffic laws and the safety of other persons upon the
27 highway;
28 4. Has by the unlawful operation of a motor vehicle
29 caused or contributed to an accident resulting in death
30 or injury requiring immediate professional treatment in a
31 medical facility or doctor's office to any person, except
32 that any suspension or revocation imposed by the
33 Secretary of State under the provisions of this
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1 subsection shall start no later than 6 months after being
2 convicted of violating a law or ordinance regulating the
3 movement of traffic, which violation is related to the
4 accident, or shall start not more than one year after the
5 date of the accident, whichever date occurs later;
6 5. Has permitted an unlawful or fraudulent use of a
7 driver's license, identification card, or permit;
8 6. Has been lawfully convicted of an offense or
9 offenses in another state, including the authorization
10 contained in Section 6-203.1, which if committed within
11 this State would be grounds for suspension or revocation;
12 7. Has refused or failed to submit to an
13 examination provided for by Section 6-207 or has failed
14 to pass the examination;
15 8. Is ineligible for a driver's license or permit
16 under the provisions of Section 6-103;
17 9. Has made a false statement or knowingly
18 concealed a material fact or has used false information
19 or identification in any application for a license,
20 identification card, or permit;
21 10. Has possessed, displayed, or attempted to
22 fraudulently use any license, identification card, or
23 permit not issued to the person;
24 11. Has operated a motor vehicle upon a highway of
25 this State when the person's driving privilege or
26 privilege to obtain a driver's license or permit was
27 revoked or suspended unless the operation was authorized
28 by a judicial driving permit, probationary license to
29 drive, or a restricted driving permit issued under this
30 Code;
31 12. Has submitted to any portion of the application
32 process for another person or has obtained the services
33 of another person to submit to any portion of the
34 application process for the purpose of obtaining a
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1 license, identification card, or permit for some other
2 person;
3 13. Has operated a motor vehicle upon a highway of
4 this State when the person's driver's license was invalid
5 under the provisions of Section 6-110. Provided that for
6 the first offense the Secretary of State may suspend the
7 driver's license for not more than 60 days, for the
8 second offense not more than 90 days, and for the third
9 offense not more than one year;
10 14. Has committed a violation of Section 6-301,
11 6-301.1, or 6-301.2 of this Act, or Section 14, 14A, or
12 14B of the Illinois Identification Card Act;
13 15. Has been convicted of violating Section 21-2 of
14 the Criminal Code of 1961 relating to criminal trespass
15 to vehicles in which case, the suspension shall be for
16 one year;
17 16. Has been convicted of violating Section 11-204
18 of this Code relating to fleeing from a police officer;
19 17. Has refused to submit to a test, or tests, as
20 required under Section 11-501.1 of this Code and the
21 person has not sought a hearing as provided for in
22 Section 11-501.1;
23 18. Has, since issuance of a driver's license or
24 permit, been adjudged to be afflicted with or suffering
25 from any mental disability or disease;
26 19. Has committed a violation of paragraph (a) or
27 (b) of Section 6-101 relating to driving without a
28 driver's license;
29 20. Has been convicted of violating Section 6-104
30 relating to classification of driver's license;
31 21. Has been convicted of violating Section 11-402
32 of this Code relating to leaving the scene of an accident
33 resulting in damage to a vehicle in excess of $1,000, in
34 which case the suspension shall be for one year;
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1 22. Has used a motor vehicle in violating paragraph
2 (3), (4), (7), or (9) of subsection (a) of Section 24-1
3 of the Criminal Code of 1961 relating to unlawful use of
4 weapons, in which case the suspension shall be for one
5 year;
6 23. Has, as a driver, been convicted of committing
7 a violation of paragraph (a) of Section 11-502 of this
8 Code for a second or subsequent time within one year of a
9 similar violation;
10 24. Has been convicted by a court-martial or
11 punished by non-judicial punishment by military
12 authorities of the United States at a military
13 installation in Illinois of or for a traffic related
14 offense that is the same as or similar to an offense
15 specified under Section 6-205 or 6-206 of this Code;
16 25. Has permitted any form of identification to be
17 used by another in the application process in order to
18 obtain or attempt to obtain a license, identification
19 card, or permit;
20 26. Has altered or attempted to alter a license or
21 has possessed an altered license, identification card, or
22 permit;
23 27. Has violated Section 6-16 of the Liquor Control
24 Act of 1934;
25 28. Has been convicted of the illegal possession,
26 while operating or in actual physical control, as a
27 driver, of a motor vehicle, of any controlled substance
28 prohibited under the Illinois Controlled Substances Act
29 or any cannabis prohibited under the provisions of the
30 Cannabis Control Act, in which case the person's driving
31 privileges shall be suspended for one year, and any
32 driver who is convicted of a second or subsequent
33 offense, within 5 years of a previous conviction, for the
34 illegal possession, while operating or in actual physical
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1 control, as a driver, of a motor vehicle, of any
2 controlled substance prohibited under the provisions of
3 the Illinois Controlled Substances Act or any cannabis
4 prohibited under the Cannabis Control Act shall be
5 suspended for 5 years. Any defendant found guilty of this
6 offense while operating a motor vehicle, shall have an
7 entry made in the court record by the presiding judge
8 that this offense did occur while the defendant was
9 operating a motor vehicle and order the clerk of the
10 court to report the violation to the Secretary of State;
11 29. Has been convicted of the following offenses
12 that were committed while the person was operating or in
13 actual physical control, as a driver, of a motor vehicle:
14 criminal sexual assault, predatory criminal sexual
15 assault of a child, aggravated criminal sexual assault,
16 criminal sexual abuse, aggravated criminal sexual abuse,
17 juvenile pimping, soliciting for a juvenile prostitute
18 and the manufacture, sale or delivery of controlled
19 substances or instruments used for illegal drug use or
20 abuse in which case the driver's driving privileges shall
21 be suspended for one year;
22 30. Has been convicted a second or subsequent time
23 for any combination of the offenses named in paragraph 29
24 of this subsection, in which case the person's driving
25 privileges shall be suspended for 5 years;
26 31. Beginning on January 1, 1991, has refused to
27 submit to a test as required by Section 11-501.6 or has
28 submitted to a test resulting in an alcohol concentration
29 of 0.10 or more or any amount of a drug, substance, or
30 compound resulting from the unlawful use or consumption
31 of cannabis as listed in the Cannabis Control Act or a
32 controlled substance as listed in the Illinois Controlled
33 Substances Act in which case the penalty shall be as
34 prescribed in Section 6-208.1;
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1 32. Has been convicted of Section 24-1.2 of the
2 Criminal Code of 1961 relating to the aggravated
3 discharge of a firearm if the offender was located in a
4 motor vehicle at the time the firearm was discharged, in
5 which case the suspension shall be for 3 years; or
6 33. Has as a driver, who was less than 21 years of
7 age on the date of the offense, been convicted a first
8 time of a violation of paragraph (a) of Section 11-502 of
9 this Code or a similar provision of a local ordinance;.
10 34. Has committed a violation of Section 11-1301.5
11 of this Code; or
12 35. Has committed a violation of Section 11-1301.6
13 of this Code.
14 For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26,
15 and 27 of this subsection, license means any driver's
16 license, any traffic ticket issued when the person's driver's
17 license is deposited in lieu of bail, a suspension notice
18 issued by the Secretary of State, a duplicate or corrected
19 driver's license, a probationary driver's license or a
20 temporary driver's license.
21 (b) If any conviction forming the basis of a suspension
22 or revocation authorized under this Section is appealed, the
23 Secretary of State may rescind or withhold the entry of the
24 order of suspension or revocation, as the case may be,
25 provided that a certified copy of a stay order of a court is
26 filed with the Secretary of State. If the conviction is
27 affirmed on appeal, the date of the conviction shall relate
28 back to the time the original judgment of conviction was
29 entered and the 6 month limitation prescribed shall not
30 apply.
31 (c) 1. Upon suspending or revoking the driver's license
32 or permit of any person as authorized in this Section,
33 the Secretary of State shall immediately notify the
34 person in writing of the revocation or suspension. The
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1 notice to be deposited in the United States mail, postage
2 prepaid, to the last known address of the person.
3 2. If the Secretary of State suspends the driver's
4 license of a person under subsection 2 of paragraph (a)
5 of this Section, a person's privilege to operate a
6 vehicle as an occupation shall not be suspended, provided
7 an affidavit is properly completed, the appropriate fee
8 received, and a permit issued prior to the effective date
9 of the suspension, unless 5 offenses were committed, at
10 least 2 of which occurred while operating a commercial
11 vehicle in connection with the driver's regular
12 occupation. All other driving privileges shall be
13 suspended by the Secretary of State. Any driver prior to
14 operating a vehicle for occupational purposes only must
15 submit the affidavit on forms to be provided by the
16 Secretary of State setting forth the facts of the
17 person's occupation. The affidavit shall also state the
18 number of offenses committed while operating a vehicle in
19 connection with the driver's regular occupation. The
20 affidavit shall be accompanied by the driver's license.
21 Upon receipt of a properly completed affidavit, the
22 Secretary of State shall issue the driver a permit to
23 operate a vehicle in connection with the driver's regular
24 occupation only. Unless the permit is issued by the
25 Secretary of State prior to the date of suspension, the
26 privilege to drive any motor vehicle shall be suspended
27 as set forth in the notice that was mailed under this
28 Section. If an affidavit is received subsequent to the
29 effective date of this suspension, a permit may be issued
30 for the remainder of the suspension period.
31 The provisions of this subparagraph shall not apply
32 to any driver required to obtain a commercial driver's
33 license under Section 6-507 during the period of a
34 disqualification of commercial driving privileges under
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1 Section 6-514.
2 Any person who falsely states any fact in the
3 affidavit required herein shall be guilty of perjury
4 under Section 6-302 and upon conviction thereof shall
5 have all driving privileges revoked without further
6 rights.
7 3. At the conclusion of a hearing under Section
8 2-118 of this Code, the Secretary of State shall either
9 rescind or continue an order of revocation or shall
10 substitute an order of suspension; or, good cause
11 appearing therefor, rescind, continue, change, or extend
12 the order of suspension. If the Secretary of State does
13 not rescind the order, the Secretary may upon
14 application, to relieve undue hardship, issue a
15 restricted driving permit granting the privilege of
16 driving a motor vehicle between the petitioner's
17 residence and petitioner's place of employment or within
18 the scope of his employment related duties, or to allow
19 transportation for the petitioner, or a household member
20 of the petitioner's family, to receive necessary medical
21 care and if the professional evaluation indicates,
22 provide transportation for alcohol remedial or
23 rehabilitative activity, or for the petitioner to attend
24 classes, as a student, in an accredited educational
25 institution; if the petitioner is able to demonstrate
26 that no alternative means of transportation is reasonably
27 available and the petitioner will not endanger the public
28 safety or welfare. In each case the Secretary may issue a
29 restricted driving permit for a period deemed
30 appropriate, except that all permits shall expire within
31 one year from the date of issuance. A restricted driving
32 permit issued under this Section shall be subject to
33 cancellation, revocation, and suspension by the Secretary
34 of State in like manner and for like cause as a driver's
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1 license issued under this Code may be cancelled, revoked,
2 or suspended; except that a conviction upon one or more
3 offenses against laws or ordinances regulating the
4 movement of traffic shall be deemed sufficient cause for
5 the revocation, suspension, or cancellation of a
6 restricted driving permit. The Secretary of State may, as
7 a condition to the issuance of a restricted driving
8 permit, require the applicant to participate in a
9 designated driver remedial or rehabilitative program. The
10 Secretary of State is authorized to cancel a restricted
11 driving permit if the permit holder does not successfully
12 complete the program.
13 (d) This Section is subject to the provisions of the
14 Drivers License Compact.
15 (Source: P.A. 88-45; 88-209; 88-211; 88-670, eff. 12-2-94;
16 89-283, eff. 1-1-96; 89-428, eff. 12-13-95; 89-462, eff.
17 5-29-96.)
18 (625 ILCS 5/11-208) (from Ch. 95 1/2, par. 11-208)
19 Sec. 11-208. Powers of local authorities.
20 (a) The provisions of this Code shall not be deemed to
21 prevent local authorities with respect to streets and
22 highways under their jurisdiction and within the reasonable
23 exercise of the police power from:
24 1. Regulating the standing or parking of vehicles,
25 except as limited by Section 11-1306 of this Act;
26 2. Regulating traffic by means of police officers
27 or traffic control signals;
28 3. Regulating or prohibiting processions or
29 assemblages on the highways;
30 4. Designating particular highways as one-way
31 highways and requiring that all vehicles thereon be moved
32 in one specific direction;
33 5. Regulating the speed of vehicles in public parks
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1 subject to the limitations set forth in Section 11-604;
2 6. Designating any highway as a through highway, as
3 authorized in Section 11-302, and requiring that all
4 vehicles stop before entering or crossing the same or
5 designating any intersection as a stop intersection or a
6 yield right-of-way intersection and requiring all
7 vehicles to stop or yield the right-of-way at one or more
8 entrances to such intersections;
9 7. Restricting the use of highways as authorized in
10 Chapter 15;
11 8. Regulating the operation of bicycles and
12 requiring the registration and licensing of same,
13 including the requirement of a registration fee;
14 9. Regulating or prohibiting the turning of
15 vehicles or specified types of vehicles at intersections;
16 10. Altering the speed limits as authorized in
17 Section 11-604;
18 11. Prohibiting U-turns;
19 12. Prohibiting pedestrian crossings at other than
20 designated and marked crosswalks or at intersections;
21 13. Prohibiting parking during snow removal
22 operation;
23 14. Imposing fines in accordance with Section
24 11-1301.3 as penalties for use of any parking place
25 reserved for persons with disabilities, as defined by
26 Section 1-159.1, or disabled veterans by any person using
27 a motor vehicle not bearing registration plates specified
28 in Section 11-1301.1 or a special decal or device as
29 defined in Section 11-1301.2 as evidence that the vehicle
30 is operated by or for a person with disabilities or
31 disabled veteran; or
32 15. Adopting such other traffic regulations as are
33 specifically authorized by this Code.
34 (b) No ordinance or regulation enacted under subsections
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1 1, 4, 5, 6, 7, 9, 10, 11 or 13 of paragraph (a) shall be
2 effective until signs giving reasonable notice of such local
3 traffic regulations are posted.
4 (c) The provisions of this Code shall not prevent any
5 municipality having a population of 500,000 or more
6 inhabitants from prohibiting any person from driving or
7 operating any motor vehicle upon the roadways of such
8 municipality with headlamps on high beam or bright.
9 (d) The provisions of this Code shall not be deemed to
10 prevent local authorities within the reasonable exercise of
11 their police power from prohibiting, on private property, the
12 unauthorized use of parking spaces reserved for persons with
13 disabilities.
14 (Source: P.A. 88-685, eff. 1-24-95.)
15 (625 ILCS 5/11-209) (from Ch. 95 1/2, par. 11-209)
16 Sec. 11-209. Powers of municipalities and counties -
17 Contract with school boards, hospitals, churches, condominium
18 complex unit owners' associations, and shopping center and
19 apartment complex owners for regulation of traffic.
20 (a) The corporate authorities of any municipality or the
21 county board of any county, and a school board, hospital,
22 church, condominium complex unit owners' association, or
23 owner of any shopping center or apartment complex which
24 controls a parking area located within the limits of the
25 municipality, or outside the limits of the municipality and
26 within the boundaries of the county, may, by contract,
27 empower the municipality or county to regulate the parking of
28 automobiles and the traffic at such parking area. Such
29 contract shall empower the municipality or county to
30 accomplish all or any part of the following:
31 1. The erection of stop signs, flashing signals,
32 person with disabilities parking area signs or yield
33 signs at specified locations in a parking area and the
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1 adoption of appropriate regulations thereto pertaining,
2 or the designation of any intersection in the parking
3 area as a stop intersection or as a yield intersection
4 and the ordering of like signs or signals at one or more
5 entrances to such intersection, subject to the provisions
6 of this Chapter.
7 2. The prohibition or regulation of the turning of
8 vehicles or specified types of vehicles at intersections
9 or other designated locations in the parking area.
10 3. The regulation of a crossing of any roadway in
11 the parking area by pedestrians.
12 4. The designation of any separate roadway in the
13 parking area for one-way traffic.
14 5. The establishment and regulation of loading
15 zones.
16 6. The prohibition, regulation, restriction or
17 limitation of the stopping, standing or parking of
18 vehicles in specified areas of the parking area.
19 7. The designation of safety zones in the parking
20 area and fire lanes.
21 8. Providing for the removal and storage of
22 vehicles parked or abandoned in the parking area during
23 snowstorms, floods, fires, or other public emergencies,
24 or found unattended in the parking area, (a) where they
25 constitute an obstruction to traffic, or (b) where
26 stopping, standing or parking is prohibited, and for the
27 payment of reasonable charges for such removal and
28 storage by the owner or operator of any such vehicle.
29 9. Providing that the cost of planning,
30 installation, maintenance and enforcement of parking and
31 traffic regulations pursuant to any contract entered into
32 under the authority of this paragraph (a) of this Section
33 be borne by the municipality or county, or by the school
34 board, hospital, church, property owner, apartment
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1 complex owner, or condominium complex unit owners'
2 association, or that a percentage of the cost be shared
3 by the parties to the contract.
4 10. Causing the installation of parking meters on
5 the parking area and establishing whether the expense of
6 installing said parking meters and maintenance thereof
7 shall be that of the municipality or county, or that of
8 the school board, hospital, church, condominium complex
9 unit owners' association, shopping center or apartment
10 complex owner. All moneys obtained from such parking
11 meters as may be installed on any parking area shall
12 belong to the municipality or county.
13 11. Causing the installation of parking signs in
14 accordance with Section 11-301 in areas of the parking
15 lots covered by this Section and where desired by the
16 person contracting with the appropriate authority listed
17 in paragraph (a) of this Section, indicating that such
18 parking spaces are reserved for persons with
19 disabilities.
20 12. Contracting for such additional reasonable
21 rules and regulations with respect to traffic and parking
22 in a parking area as local conditions may require for the
23 safety and convenience of the public or of the users of
24 the parking area.
25 (b) No contract entered into pursuant to this Section
26 shall exceed a period of 20 years. No lessee of a shopping
27 center or apartment complex shall enter into such a contract
28 for a longer period of time than the length of his lease.
29 (c) Any contract entered into pursuant to this Section
30 shall be recorded in the office of the recorder in the county
31 in which the parking area is located, and no regulation made
32 pursuant to the contract shall be effective or enforceable
33 until 3 days after the contract is so recorded.
34 (d) At such time as parking and traffic regulations have
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1 been established at any parking area pursuant to the contract
2 as provided for in this Section, then it shall be a petty
3 offense for any person to do any act forbidden or to fail to
4 perform any act required by such parking or traffic
5 regulation. If the violation is the parking in a parking
6 space reserved for persons with disabilities under paragraph
7 (11) of this Section, by a person without special
8 registration plates issued to a person with disabilities, as
9 defined by Section 1-159.1, pursuant to Section 3-616 of this
10 Code, or to a disabled veteran pursuant to Section 3-609 of
11 this Code, the local police of the contracting corporate
12 municipal authorities shall issue a parking ticket to such
13 parking violator and issue a fine in accordance with Section
14 11-1301.3.
15 (e) The term "shopping center", as used in this Section,
16 means premises having one or more stores or business
17 establishments in connection with which there is provided on
18 privately-owned property near or contiguous thereto an area,
19 or areas, of land used by the public as the means of access
20 to and egress from the stores and business establishments on
21 such premises and for the parking of motor vehicles of
22 customers and patrons of such stores and business
23 establishments on such premises.
24 (f) The term "parking area", as used in this Section,
25 means an area, or areas, of land near or contiguous to a
26 school, church, or hospital building, shopping center,
27 apartment complex, or condominium complex, but not the public
28 highways or alleys, and used by the public as the means of
29 access to and egress from such buildings and the stores and
30 business establishments at a shopping center and for the
31 parking of motor vehicles.
32 (g) The terms "owner", "property owner", "shopping
33 center owner", and "apartment complex owner", as used in this
34 Section, mean the actual legal owner of the shopping center
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1 parking area or apartment complex, the trust officer of a
2 banking institution having the right to manage and control
3 such property, or a person having the legal right, through
4 lease or otherwise, to manage or control the property.
5 (g-5) The term "condominium complex unit owners'
6 association", as used in this Section, means a "unit owners'
7 association" as defined in Section 2 of the Condominium
8 Property Act.
9 (h) The term "fire lane", as used in this Section, means
10 travel lanes for the fire fighting equipment upon which there
11 shall be no standing or parking of any motor vehicle at any
12 time so that fire fighting equipment can move freely thereon.
13 (i) The term "apartment complex", as used in this
14 Section, means premises having one or more apartments in
15 connection with which there is provided on privately-owned
16 property near or contiguous thereto an area, or areas, of
17 land used by occupants of such apartments or their guests as
18 a means of access to and egress from such apartments or for
19 the parking of motor vehicles of such occupants or their
20 guests.
21 (j) The term "condominium complex", as used in this
22 Section, means the units, common elements, and limited common
23 elements that are located on the parcels, as those terms are
24 defined in Section 2 of the Condominium Property Act.
25 (k) The provisions of this Section shall not be deemed
26 to prevent local authorities from enforcing, on private
27 property, local ordinances imposing fines, in accordance with
28 Section 11-1301.3, as penalties for use of any parking place
29 reserved for persons with disabilities, as defined by Section
30 1-159.1, or disabled veterans by any person using a motor
31 vehicle not bearing registration plates specified in Section
32 11-1301.1 or a special decal or device as defined in Section
33 11-1301.2 as evidence that the vehicle is operated by or for
34 a person with disabilities or disabled veteran.
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1 This amendatory Act of 1972 is not a prohibition upon the
2 contractual and associational powers granted by Article VII,
3 Section 10 of the Illinois Constitution.
4 (Source: P.A. 88-685, eff. 1-24-95; 89-551, eff. 1-1-97.)
5 (625 ILCS 5/11-1301.1) (from Ch. 95 1/2, par. 11-1301.1)
6 Sec. 11-1301.1. Persons with disabilities - Parking
7 privileges - Exemptions. A motor vehicle bearing registration
8 plates issued to a person with disabilities, as defined by
9 Section 1-159.1, pursuant to Section 3-616 or to a disabled
10 veteran pursuant to Section 3-609 or a special decal or
11 device issued pursuant to Section 3-616 or pursuant to
12 Section 11-1301.2 of this Code or a motor vehicle registered
13 in another jurisdiction, state, district, territory or
14 foreign country upon which is displayed a registration plate,
15 special decal or device issued by the other jurisdiction
16 designating the vehicle is operated by or for a person with
17 disabilities shall be exempt from the payment of parking
18 meter fees and exempt from any statute or ordinance imposing
19 time limitations on parking, except limitations of one-half
20 hour or less, on any street or highway zone, or any parking
21 lot or parking place which are owned, leased or owned and
22 leased by a municipality or a municipal parking utility; and
23 shall be recognized by state and local authorities as a valid
24 license plate or parking device and shall receive the same
25 parking privileges as residents of this State; but, such
26 vehicle shall be subject to the laws which prohibit parking
27 in "no stopping" and "no standing" zones in front of or near
28 fire hydrants, driveways, public building entrances and
29 exits, bus stops and loading areas, and is prohibited from
30 parking where the motor vehicle constitutes a traffic hazard,
31 whereby such motor vehicle shall be moved at the instruction
32 and request of a law enforcement officer to a location
33 designated by the officer. Any motor vehicle bearing
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1 registration plates or a special decal or device specified in
2 this Section or in Section 3-616 of this Code or such parking
3 device as specifically authorized in Section 11-1301.2 as
4 evidence that the vehicle is operated by or for a person with
5 disabilities or disabled veteran may park, in addition to any
6 other lawful place, in any parking place specifically
7 reserved for such vehicles by the posting of an official sign
8 as provided under Section 11-301. Parking privileges granted
9 by this Section are strictly limited to the person to whom
10 the special registration plates, special decal or device were
11 issued and to qualified operators acting under his express
12 direction while the person with disabilities is present. A
13 person to whom privileges were granted shall, at the request
14 of a police officer or any other person invested by law with
15 authority to direct, control, or regulate traffic, present an
16 identification card with a picture as verification that the
17 person is the person to whom the special registration plates,
18 special decal or device was issued.
19 Such parking privileges granted by this Section are also
20 extended to motor vehicles of not-for-profit organizations
21 used for the transportation of persons with disabilities when
22 such motor vehicles display the decal or device issued
23 pursuant to Section 11-1301.2 of this Code.
24 No person shall use any area for the parking of any motor
25 vehicle pursuant to Section 11-1303 of this Code or where an
26 official sign controlling such area expressly prohibits
27 parking at any time or during certain hours.
28 (Source: P.A. 88-685, eff. 1-24-95.)
29 (625 ILCS 5/11-1301.2) (from Ch. 95 1/2, par. 11-1301.2)
30 Sec. 11-1301.2. Special decals for a person with
31 disabilities parking.
32 (a) The Secretary of State shall provide for, by
33 administrative rules, the design, size, color, and placement
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1 of a person with disabilities motorist decal or device and
2 shall provide for, by administrative rules, the content and
3 form of an application for a person with disabilities
4 motorist decal or device, which shall be used by local
5 authorities in the issuance thereof to a person with
6 temporary disabilities, provided that the decal or device is
7 valid for no more than 90 days, subject to renewal for like
8 periods based upon continued disability, and further provided
9 that the decal or device clearly sets forth the date that the
10 decal or device expires or not-for-profit organization which
11 transports persons with disabilities. The application shall
12 include the requirement of an Illinois Identification Card
13 number or a State of Illinois driver's license number. This
14 decal or device shall be the property of such person with
15 disabilities or organization and may be used by that person
16 or organization to designate and identify a vehicle not owned
17 or displaying a registration plate as provided in Sections
18 3-609 and 3-616 of this Act to designate when the vehicle is
19 being used to transport said person or persons with
20 disabilities, and thus is entitled to enjoy all the
21 privileges that would be afforded a person with disabilities
22 licensed vehicle. Person with disabilities decals or devices
23 issued and displayed pursuant to this Section shall be
24 recognized and honored by all local authorities regardless of
25 which local authority issued such decal or device.
26 The decal or device shall be issued only upon a showing
27 by adequate documentation that the person for whose benefit
28 the decal or device is to be used has a temporary disability
29 as defined in Section 1-159.1 of this Code Class 1A or 2A
30 disability under the provisions of Section 4A of The Illinois
31 Identification Card Act. For purposes of this Section, an
32 Illinois Disabled Person Identification Card issued pursuant
33 to The Illinois Identification Card Act indicating that the
34 person thereon named has a Class 1A or 2A disability shall be
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1 adequate documentation of such a disability. Nothing in this
2 Section shall be read to prohibit local authorities from
3 issuing such decal or device to persons with temporary
4 disabilities, provided that such decal or device is valid for
5 no more than 90 days, subject to renewal for like periods
6 based upon continued disability, and further provided that
7 such decal or device clearly sets forth the date that the
8 decal or device expires.
9 (b) The local governing authorities shall be responsible
10 for the provision of such decal or device, its issuance and
11 designated placement within the vehicle. The cost of such
12 decal or device shall be at the discretion of such local
13 governing authority.
14 (c) The Secretary of State may, pursuant to Section
15 3-616(c), issue a person with disabilities parking decal or
16 device to a person with disabilities as defined by Section
17 1-159.1. Any person with disabilities parking decal or
18 device issued by the Secretary of State shall be registered
19 to that person with disabilities in the form to be prescribed
20 by the Secretary of State. The person with disabilities
21 parking decal or device shall not display that person's
22 address. One additional decal or device may be issued to an
23 applicant upon his or her request and with the approval of
24 the Secretary of State.
25 (Source: P.A. 88-685, eff. 1-24-95.)
26 (625 ILCS 5/11-1301.3) (from Ch. 95 1/2, par. 11-1301.3)
27 Sec. 11-1301.3. Unauthorized use of parking places
28 reserved for persons with disabilities.
29 (a) It shall be prohibited to park any motor vehicle
30 which is not bearing registration plates or decals issued to
31 a person with disabilities, as defined by Section 1-159.1,
32 pursuant to Sections 3-616, 11-1301.1 or 11-1301.2, or to a
33 disabled veteran pursuant to Section 3-609 of this Act, as
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1 evidence that the vehicle is operated by or for a person with
2 disabilities or disabled veteran, in any parking place,
3 including any private or public offstreet parking facility,
4 specifically reserved, by the posting of an official sign as
5 designated under Section 11-301, for motor vehicles bearing
6 such registration plates. An individual with a vehicle
7 bearing a person with disabilities license plate or parking
8 decal or device issued to a disabled person under Sections
9 3-616, 11-1301.1, or 11-1301.2 is in violation of this
10 Section if the person is not the authorized holder of a
11 person with disabilities license plate or parking decal or
12 device and is not transporting the authorized holder of a
13 person with disabilities license plate or parking decal or
14 device to or from the parking location and the person uses
15 the person with disabilities license plate or parking decal
16 or device to exercise any privileges granted through the
17 person with disabilities license plates or parking decals or
18 devices under this Code. Any motor vehicle bearing a person
19 with disabilities license plate or a person with disabilities
20 parking decal or device containing the International symbol
21 of access issued to persons with disabilities by any local
22 authority, state, district, territory or foreign country
23 shall be recognized by state and local authorities as a valid
24 license plate or device and receive the same parking
25 privileges as residents of this State.
26 (b) Any person or local authority owning or operating
27 any public or private offstreet parking facility may, after
28 notifying the police or sheriff's department, remove or cause
29 to be removed to the nearest garage or other place of safety
30 any vehicle parked within a stall or space reserved for use
31 by a person with disabilities which does not display person
32 with disabilities registration plates or a special decal or
33 device as required under this Section.
34 (c) Any person found guilty of violating the provisions
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1 of this Section shall be fined $100 in addition to any costs
2 or charges connected with the removal or storage of any motor
3 vehicle authorized under this Section; but municipalities by
4 ordinance may impose a fine up to $200 and shall display
5 signs indicating the fine imposed. If the amount of the fine
6 is subsequently changed, the municipality shall change the
7 sign to indicate the current amount of the fine.
8 (d) Local authorities shall impose fines as established
9 in subsection (c) for violations of this Section vehicles
10 parked in spaces for a person with disabilities that do not
11 display the registration plates pursuant to Section 3-616 or
12 a special decal or device pursuant to Section 11-1301.2.
13 (e) As used in this Section, "authorized holder" means
14 an individual issued a person with disabilities license plate
15 under Section 3-616 of this Code or an individual issued a
16 person with disabilities parking decal or device under
17 Section 11-1301.2 of this Code.
18 (Source: P.A. 88-685, eff. 1-24-95; 89-275, eff. 1-1-96;
19 89-533, eff. 1-1-97; 89-626, eff. 8-9-96.)
20 (625 ILCS 5/11-1301.5 new)
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
25 or parking decal or device" means any issued person with
26 disabilities license plate or parking decal or device
27 that has been issued by the Secretary of State or an
28 authorized unit of local government that was issued based
29 upon false information contained on the required
30 application.
31 "False information" means any incorrect or
32 inaccurate information concerning the name, date of
33 birth, social security number, driver's license number,
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1 physician certification, or any other information
2 required on the application for a person with
3 disabilities license plate or parking permit or device
4 that falsifies the content of the application.
5 "Unlawfully altered person with disabilities license
6 plate or parking permit or device" means any person with
7 disabilities license plate or parking permit or device
8 issued by the Secretary of State or an authorized unit of
9 local government that has been physically altered or
10 changed in such manner that false information appears on
11 the license plate or parking decal or device.
12 "Authorized holder" means an individual issued a
13 person with disabilities license plate under Section
14 3-616 of this Code or an individual issued a person with
15 disabilities parking decal or device under Section
16 11-1301.2 of this Code.
17 (b) It is a violation of this Section for any person:
18 (1) to knowingly possess any fictitious or
19 unlawfully altered person with disabilities license plate
20 or parking decal or device;
21 (2) to knowingly issue or assist in the issuance
22 of, by the Secretary of State or unit of local
23 government, any fictitious person with disabilities
24 license plate or parking decal or device;
25 (3) to knowingly alter any person with disabilities
26 license plate or parking decal or device;
27 (4) to knowingly manufacture, possess, transfer, or
28 provide any documentation used in the application process
29 whether real or fictitious, for the purpose of obtaining
30 a fictitious person with disabilities license plate or
31 parking decal or device;
32 (5) to knowingly provide any false information to
33 the Secretary of State or a unit of local government in
34 order to obtain a person with disabilities license plate
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1 or parking decal or device; or
2 (6) to knowingly transfer a person with
3 disabilities license plate or parking decal or device for
4 the purpose of exercising the privileges granted to an
5 authorized holder of a person with disabilities license
6 plate or parking decal or device under this Code in the
7 absence of the authorized holder.
8 (c) Sentence.
9 (1) Any person convicted of a violation of this
10 Section shall be guilty of a Class A misdemeanor.
11 (2) Any person who commits a violation of this
12 Section may have his or her driving privileges suspended
13 or revoked by the Secretary of State for a period of time
14 determined by the Secretary of State.
15 (625 ILCS 5/11-1301.6 new)
16 Sec. 11-1301.6. Fraudulent person with disabilities
17 license plate or parking decal or device.
18 (a) As used in this Section:
19 "Fraudulent person with disabilities license plate
20 or parking decal or device" means any person with
21 disabilities license plate or parking decal or device
22 that purports to be an official person with disabilities
23 license plate or parking decal or device and that has not
24 been issued by the Secretary of State or an authorized
25 unit of local government.
26 "Person with disabilities license plate or parking
27 decal or device-making implement" means any implement
28 specially designed or primarily used in the manufacture,
29 assembly, or authentication of a person with disabilities
30 license plate or parking decal or device issued by the
31 Secretary of State or a unit of local government.
32 (b) It is a violation of this Section for any person:
33 (1) to knowingly possess any fraudulent person with
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1 disabilities license plate or parking decal;
2 (2) to knowingly possess without authority any
3 person with disabilities license plate or parking decal
4 or device-making implement;
5 (3) to knowingly duplicate, manufacture, sell, or
6 transfer any fraudulent or stolen person with
7 disabilities license plate or parking decal or device;
8 (4) to knowingly assist in the duplication,
9 manufacturing, selling, or transferring of any fraudulent
10 or stolen person with disabilities license plate or
11 parking decal or device; or
12 (5) to advertise or distribute a fraudulent person
13 with disabilities license plate or parking decal or
14 device.
15 (c) Sentence.
16 (1) Any person convicted of a violation of this
17 Section shall be guilty of a Class 4 felony.
18 (2) Any person who commits a violation of this
19 Section may have his or her driving privileges suspended
20 or revoked by the Secretary of State for a period of time
21 determined by the Secretary of State.
22 Section 99. Effective date. This Act takes effect
23 January 1, 1998.
SB951 Engrossed -27- LRB9002753NTsbB
1 INDEX
2 Statutes amended in order of appearance
3 SEE INDEX
4 625 ILCS 5/2-111 from Ch. 95 1/2, par. 2-111
5 625 ILCS 5/6-206 from Ch. 95 1/2, par. 6-206
6 625 ILCS 5/11-208 from Ch. 95 1/2, par. 11-208
7 625 ILCS 5/11-209 from Ch. 95 1/2, par. 11-209
8 625 ILCS 5/11-1301.2 from Ch. 95 1/2, par. 11-1301.2
9 625 ILCS 5/11-1301.3 from Ch. 95 1/2, par. 11-1301.3
10 625 ILCS 5/11-1301.5 new
11 625 ILCS 5/11-1301.6 new