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90_SB0967
625 ILCS 5/3-616 from Ch. 95 1/2, par. 3-616
625 ILCS 5/11-1301.1 from Ch. 95 1/2, par. 11-1301.1
625 ILCS 5/11-1301.2 from Ch. 95 1/2, par. 11-1301.2
Amends the Illinois Vehicle Code. Removes persons who
are deaf or hard of hearing from the provisions concerning
person with disabilities license plates. Removes a Type Four
disability, defined under the Illinois Identification Card
Act, from the provisions concerning person with disabilities
license plates. Provides that it is a violation of the
provisions concerning person with disabilities license plates
for a physician to fraudulently certify that a person is a
person with disabilities. Provides that a person to whom
parking privileges were granted because of a disability
shall, at the request of a peace officer, present a picture
identification card as verification that the person is the
person to whom a special registration plate, decal, or device
was issued. Removes provisions concerning local authorities
issuing person with disabilities decals or devices. Removes
a provision concerning one additional decal or device being
issued. Provides that it is a violation of provisions
concerning special decals for a person with disabilities
parking for a person to possess or use a decal or device who
is not authorized to possess or use one. Effective
immediately.
LRB9002631NTsb
LRB9002631NTsb
1 AN ACT to amend the Illinois Vehicle Code by changing
2 Sections 3-616, 11-1301.1, and 11-1301.2.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Illinois Vehicle Code is amended by
6 changing Sections 3-616, 11-1301.1, and 11-1301.2.
7 (625 ILCS 5/3-616) (from Ch. 95 1/2, par. 3-616)
8 Sec. 3-616. Person with disabilities license plates.
9 (a) Upon receiving an application for a certificate of
10 registration for a motor vehicle of the first division or for
11 a motor vehicle of the second division weighing no more than
12 8,000 pounds, accompanied with payment of the registration
13 fees required under this Code from a person with disabilities
14 or a person who is deaf or hard of hearing person, the
15 Secretary of State, if so requested, shall issue to such
16 person registration plates as provided for in Section 3-611,
17 provided that the person with disabilities or person who is
18 deaf or hard of hearing must not be disqualified from
19 obtaining a driver's license under subsection 8 of Section
20 6-103 of this Code, and further provided that any person
21 making such a request must submit a statement certified by a
22 licensed physician to the effect that such person is a person
23 with disabilities as defined by Section 1-159.1 of this Code,
24 or alternatively provide adequate documentation that such
25 person has a Class 1A or, Class 2A or Type Four disability
26 under the provisions of Section 4A of the Illinois
27 Identification Card Act. For purposes of this Section, an
28 Illinois Disabled Person Identification Card issued pursuant
29 to The Illinois Identification Card Act indicating that the
30 person thereon named has a disability shall be adequate
31 documentation of such a disability.
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1 (b) The Secretary shall issue plates under this Section
2 to a person without disabilities if a member of that person's
3 immediate family has a Class 1A or Class 2A disability as
4 defined in Section 4A of the Illinois Identification Card Act
5 or is a person with disabilities as defined by Section
6 1-159.1 of this Code, and does not possess a vehicle
7 registered in the name of the person with disabilities under
8 Section 3-616, provided that the person with disabilities
9 relies frequently on the applicant for transportation in the
10 vehicle to be registered. Only two vehicles per family may
11 be registered under this subsection. Any person requesting
12 special plates under this subsection shall submit such
13 documentation or such physician's statement as is required in
14 paragraph (a) and a statement describing the circumstances
15 qualifying for issuance of special plates under this
16 subsection.
17 (c) The Secretary may issue a person with disabilities
18 parking decal or device to a person with disabilities as
19 defined by Section 1-159.1 without regard to qualification of
20 such person with disabilities for a driver's license or
21 registration of a vehicle by such person with disabilities or
22 such person's immediate family, provided such person with
23 disabilities making such a request has been issued a Disabled
24 Person Identification Card indicating that the person named
25 thereon has a Class 1A or Class 2A disability, or
26 alternatively, submits a statement certified by a licensed
27 physician to the effect that such person is a person with
28 disabilities as defined by Section 1-159.1.
29 (d) The Secretary shall prescribe by rules and
30 regulations procedures to certify or re-certify as necessary
31 the eligibility of persons whose disabilities are other than
32 permanent for special plates or person with disabilities
33 parking decals or devices issued under subsections (a), (b)
34 and (c). Except as provided under subsection (f) of this
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1 Section, no such special plates, decals or devices shall be
2 issued by the Secretary of State to or on behalf of any
3 person with disabilities unless such person is certified as
4 meeting the definition of a person with disabilities pursuant
5 to Section 1-159.1 or meeting the requirement of a Type Four
6 disability as provided under Section 4A of the Illinois
7 Identification Card Act for the period of time that the
8 physician determines the applicant will have the disability,
9 but not to exceed 6 months from the date of certification or
10 recertification.
11 (e) Any person requesting special plates under this
12 Section may also apply to have the special plates
13 personalized, as provided under Section 3-405.1.
14 (f) The Secretary of State, upon application, shall
15 issue person with disabilities registration plates or a
16 person with disabilities parking decal to corporations,
17 school districts or special education cooperatives which will
18 transport persons with disabilities. The Secretary shall
19 prescribe by rule a means to certify or re-certify the
20 eligibility of organizations to receive person with
21 disabilities plates or decals and to designate which of the
22 two person with disabilities emblems shall be placed on
23 qualifying vehicles.
24 (g) The Secretary of State, or his designee, may enter
25 into agreements with other jurisdictions, including foreign
26 jurisdictions, on behalf of this State relating to the
27 extension of parking privileges by such jurisdictions to
28 permanently disabled residents of this State who display a
29 special license plate or parking device that contains the
30 International symbol of access on his or her motor vehicle,
31 and to recognize such plates or devices issued by such other
32 jurisdictions. This State shall grant the same parking
33 privileges which are granted to disabled residents of this
34 State to any non-resident whose motor vehicle is licensed in
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1 another state, district, territory or foreign country if such
2 vehicle displays the International symbol of access or a
3 distinguishing insignia on license plates or parking device
4 issued in accordance with the laws of the non-resident's
5 state, district, territory or foreign country.
6 (h) It is a violation of this Section for a physician to
7 fraudulently certify that a person is a person with
8 disabilities as defined by Section 1-159.1 of this Code.
9 (Source: P.A. 88-685, eff. 1-24-95.)
10 (625 ILCS 5/11-1301.1) (from Ch. 95 1/2, par. 11-1301.1)
11 Sec. 11-1301.1. Persons with disabilities - Parking
12 privileges - Exemptions. A motor vehicle bearing registration
13 plates issued to a person with disabilities, as defined by
14 Section 1-159.1, pursuant to Section 3-616 or to a disabled
15 veteran pursuant to Section 3-609 or a special decal or
16 device issued pursuant to Section 3-616 or pursuant to
17 Section 11-1301.2 of this Code or a motor vehicle registered
18 in another jurisdiction, state, district, territory or
19 foreign country upon which is displayed a registration plate,
20 special decal or device issued by the other jurisdiction
21 designating the vehicle is operated by or for a person with
22 disabilities shall be exempt from the payment of parking
23 meter fees and exempt from any statute or ordinance imposing
24 time limitations on parking, except limitations of one-half
25 hour or less, on any street or highway zone, or any parking
26 lot or parking place which are owned, leased or owned and
27 leased by a municipality or a municipal parking utility; and
28 shall be recognized by state and local authorities as a valid
29 license plate or parking device and shall receive the same
30 parking privileges as residents of this State; but, such
31 vehicle shall be subject to the laws which prohibit parking
32 in "no stopping" and "no standing" zones in front of or near
33 fire hydrants, driveways, public building entrances and
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1 exits, bus stops and loading areas, and is prohibited from
2 parking where the motor vehicle constitutes a traffic hazard,
3 whereby such motor vehicle shall be moved at the instruction
4 and request of a law enforcement officer to a location
5 designated by the officer. Any motor vehicle bearing
6 registration plates or a special decal or device specified in
7 this Section or in Section 3-616 of this Code or such parking
8 device as specifically authorized in Section 11-1301.2 as
9 evidence that the vehicle is operated by or for a person with
10 disabilities or disabled veteran may park, in addition to any
11 other lawful place, in any parking place specifically
12 reserved for such vehicles by the posting of an official sign
13 as provided under Section 11-301. Parking privileges granted
14 by this Section are strictly limited to the person to whom
15 the special registration plates, special decal or device were
16 issued and to qualified operators acting under his express
17 direction while the person with disabilities is present. A
18 person to whom privileges were granted shall, at the request
19 of a peace officer, present an identification card with a
20 picture as verification that the person is the person to whom
21 the special registration plates, special decal or device was
22 issued.
23 Such parking privileges granted by this Section are also
24 extended to motor vehicles of not-for-profit organizations
25 used for the transportation of persons with disabilities when
26 such motor vehicles display the decal or device issued
27 pursuant to Section 11-1301.2 of this Code.
28 No person shall use any area for the parking of any motor
29 vehicle pursuant to Section 11-1303 of this Code or where an
30 official sign controlling such area expressly prohibits
31 parking at any time or during certain hours.
32 (Source: P.A. 88-685, eff. 1-24-95.)
33 (625 ILCS 5/11-1301.2) (from Ch. 95 1/2, par. 11-1301.2)
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1 Sec. 11-1301.2. Special decals for a person with
2 disabilities parking.
3 (a) The Secretary of State shall provide for, by
4 administrative rules, the design, size, color, and placement
5 of a person with disabilities motorist decal or device which
6 shall be used by local authorities in the issuance thereof to
7 a person with disabilities or not-for-profit organization
8 which transports persons with disabilities. This decal or
9 device shall be the property of such person with disabilities
10 or organization and may be used by that person or
11 organization to designate and identify a vehicle not owned or
12 displaying a registration plate as provided in Sections 3-609
13 and 3-616 of this Act to designate when the vehicle is being
14 used to transport said person or persons with disabilities,
15 and thus is entitled to enjoy all the privileges that would
16 be afforded a person with disabilities licensed vehicle.
17 Person with disabilities decals or devices issued and
18 displayed pursuant to this Section shall be recognized and
19 honored by all local authorities regardless of which local
20 authority issued such decal or device.
21 The decal or device shall be issued only upon a showing
22 by adequate documentation that the person for whose benefit
23 the decal or device is to be used has a Class 1A or 2A
24 disability under the provisions of Section 4A of The Illinois
25 Identification Card Act. For purposes of this Section, an
26 Illinois Disabled Person Identification Card issued pursuant
27 to The Illinois Identification Card Act indicating that the
28 person thereon named has a Class 1A or 2A disability shall be
29 adequate documentation of such a disability. Nothing in this
30 Section shall be read to prohibit local authorities from
31 issuing such decal or device to persons with temporary
32 disabilities, provided that such decal or device is valid for
33 no more than 90 days, subject to renewal for like periods
34 based upon continued disability, and further provided that
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1 such decal or device clearly sets forth the date that the
2 decal or device expires.
3 (b)(Blank). The local governing authorities shall be
4 responsible for the provision of such decal or device, its
5 issuance and designated placement within the vehicle. The
6 cost of such decal or device shall be at the discretion of
7 such local governing authority.
8 (c) The Secretary of State may, pursuant to Section
9 3-616(c), issue a person with disabilities parking decal or
10 device to a person with disabilities as defined by Section
11 1-159.1. Any person with disabilities parking decal or
12 device issued by the Secretary of State shall be registered
13 to that person with disabilities in the form to be prescribed
14 by the Secretary of State. The person with disabilities
15 parking decal or device shall not display that person's
16 address. The Secretary of State shall issue to the person
17 who was issued the person with disabilities parking decal or
18 device an identification card with a picture of the person
19 and the decal or device registration number One additional
20 decal or device may be issued to an applicant upon his or her
21 request and with the approval of the Secretary of State.
22 (d) It is a violation of this Section for a person to
23 possess or use a person with disabilities parking decal or
24 device who is not authorized to possess or use a person with
25 disabilities decal or device under this Section.
26 (Source: P.A. 88-685, eff. 1-24-95.)
27 Section 99. Effective date. This Act takes effect upon
28 becoming law.