093_HB3467eng HB3467 Engrossed LRB093 10300 DRH 12140 b 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 Section 11-301 and adding Sections 11-1301.10 and 6 11-1301.11 as follows: 7 (625 ILCS 5/11-301) (from Ch. 95 1/2, par. 11-301) 8 Sec. 11-301. Department to adopt sign manual. 9 (a) The Department shall adopt a State manual and 10 specifications for a uniform system of traffic-control 11 devices consistent with this Chapter for use upon highways 12 within this State. Such manual shall include the adoption of 13 the R 7-8 sign adopted by the United States Department of 14 Transportation to designate the reservation of parking 15 facilities for a person with disabilities and the sign 16 adopted by the Secretary of State to designate the 17 reservation of parking facilities for an expectant mother. 18 Non-conforming signs in use prior to January 1, 1985 shall 19 not constitute a violation during their useful lives, which 20 shall not be extended by other means than normal maintenance. 21 The manual shall also specify insofar as practicable the 22 minimum warrants justifying the use of the various traffic 23 control devices. Such uniform system shall correlate with 24 and, where not inconsistent with Illinois highway conditions, 25 conform to the system set forth in the most recent edition of 26 the national manual on Uniform Traffic Control Devices for 27 Streets and Highways. 28 (b) Signs adopted by the Department to designate the 29 reservation of parking facilities for a person with 30 disabilities or an expectant mother shall also exhibit, in a 31 manner determined by the Department, the words "$100 Fine". HB3467 Engrossed -2- LRB093 10300 DRH 12140 b 1 (c) If the amount of a fine is changed, the Department 2 shall change the design of the signs to indicate the current 3 amount of the fine. 4 (Source: P.A. 88-685, eff. 1-24-95; 89-533, eff. 1-1-97.) 5 (625 ILCS 5/11-1301.10 new) 6 Sec. 11-1301.10. Special device for expectant mother 7 parking. 8 (a) The Secretary of State shall provide for, by 9 administrative rules, the design, size, color, and placement 10 of an expectant mother motorist device and shall provide for, 11 by administrative rules, the content and form of an 12 application for an expectant mother motorist device, which 13 must be used by local authorities in the issuance of the 14 device to an expectant mother, provided that the device is 15 valid for no more than 90 days, subject to renewal for like 16 periods based upon continued pregnancy, and further provided 17 that the device clearly sets forth the date that the device 18 expires. The application must include the requirement of an 19 Illinois Identification Card number or a State of Illinois 20 driver's license number. This device is the property of the 21 expectant mother and may be used by her to designate and 22 identify a vehicle not owned by her to designate when the 23 vehicle is being used to transport the expectant mother. 24 Expectant mother devices issued and displayed under this 25 Section must be recognized and honored by all local 26 authorities, regardless of which local authority issued the 27 device. 28 The device may be issued only upon a showing by adequate 29 documentation that the person for whose benefit the device is 30 to be used is an expectant mother whose mobility has been 31 limited by her condition. 32 (b) The local governing authorities are responsible for 33 the provision of the device, its issuance, and its designated HB3467 Engrossed -3- LRB093 10300 DRH 12140 b 1 placement within the vehicle. The cost of the device is at 2 the discretion of the local governing authority. 3 (c) The Secretary of State may issue an expectant mother 4 parking device to an expectant mother whose mobility has been 5 limited by her condition. Any expectant mother parking device 6 issued by the Secretary of State must be registered to the 7 expectant mother in the form to be prescribed by the 8 Secretary of State. The expectant mother parking device may 9 not display the person's address. One additional device may 10 be issued to an applicant upon her written request and with 11 the approval of the Secretary of State. The written request 12 must include a justification of the need for the additional 13 device. 14 (d) Replacement devices may be issued for lost, stolen, 15 or destroyed devices, upon application and payment of a $10 16 fee. 17 (e) This Section does not require any parking lot to 18 provide parking spaces reserved for expectant mothers. 19 (625 ILCS 5/11-1301.11 new) 20 Sec. 11-1301.11. Unauthorized use of parking places 21 reserved for expectant mothers. 22 (a) A person may not park any motor vehicle not properly 23 displaying an expectant mother parking device, in any parking 24 place, including any private or public offstreet parking 25 facility, specifically reserved, by the posting of an 26 official sign as designated under Section 11-301, for motor 27 vehicles displaying the parking device. When using the 28 parking privileges for an expectant mother, the parking 29 device must be displayed properly in the vehicle where it is 30 clearly visible to law enforcement personnel, either hanging 31 from the rearview mirror or placed on the dashboard of the 32 vehicle in clear view. An individual with a vehicle properly 33 displaying an expectant mother parking device issued to an HB3467 Engrossed -4- LRB093 10300 DRH 12140 b 1 expectant mother under Section 11-1301.10 is in violation of 2 this Section if the person is not the authorized holder of an 3 expectant mother parking device and is not transporting the 4 authorized holder of an expectant mother parking device to or 5 from the parking location and the person uses the expectant 6 mother parking device to exercise any privileges granted 7 through expectant mother parking devices under this Code. Any 8 motor vehicle properly displaying an expectant mother parking 9 device issued to expectant mothers by any local authority, 10 state, district, territory, or foreign country shall be 11 recognized by State and local authorities as a device and 12 receive the same parking privileges as residents of this 13 State. 14 (b) Any person or local authority owning or operating 15 any public or private offstreet parking facility may, after 16 notifying the police or sheriff's department, remove or cause 17 to be removed to the nearest garage or other place of safety 18 any vehicle parked within a stall or space reserved for use 19 by an expectant mother which does not display an expectant 20 mother parking device as required under this Section. 21 (c) Any person found guilty of violating this Section 22 shall be fined $100 in addition to any costs or charges 23 connected with the removal or storage of any motor vehicle 24 authorized under this Section; but municipalities by 25 ordinance may impose a fine up to $200 and shall display 26 signs indicating the fine imposed. If the amount of the fine 27 is subsequently changed, the municipality shall change the 28 sign to indicate the current amount of the fine. It shall not 29 be a defense to a charge under this Section that the sign 30 posted pursuant to this Section does not comply with the 31 technical requirements of Section 11-301, Department 32 regulations, or local ordinance if a reasonable person would 33 be made aware by the sign or notice on or near the parking 34 place that the place is reserved for an expectant mother. HB3467 Engrossed -5- LRB093 10300 DRH 12140 b 1 (d) Local authorities shall impose fines as established 2 in subsection (c) for violations of this Section. 3 (e) As used in this Section, "authorized holder" means 4 an individual issued an expectant mother parking device under 5 Section 11-1301.10 of this Code.