HB1377 94TH GENERAL ASSEMBLY

LRB094 08362 DRH 38555 b

94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB1377

Introduced 2/9/2005, by Rep. Michael P. McAuliffe

SYNOPSIS AS INTRODUCED:

625 ILCS 5/11-301	from Ch. 95 1/2, par. 11-301
625 ILCS 5/11-1301.10 new
625 ILCS 5/11-1301.11 new

Amends the Illinois Vehicle Code. Provides for the issuance of an expectant mother parking device to a pregnant woman whose mobility has been limited by her condition, subject to administrative rules to be adopted by the Secretary of State. Provides that the provision does not require any parking lot to reserve any spaces for expectant mothers. Prohibits use of a space reserved for a person with an expectant mother parking device by a person not having the device. Establishes penalties for violation of the prohibition. Provides that the Department of Transportation's sign manual shall include the sign adopted by the Secretary of State to designate the reservation of parking facilities for an expectant mother.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT in relation to vehicles.

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

Section 5. The Illinois Vehicle Code is amended by changing Section 11-301 and adding Sections 11-1301.10 and 11-1301.11 as follows:

(625 ILCS 5/11-301) (from Ch. 95 1/2, par. 11-301)

Sec. 11-301. Department to adopt sign manual.

(a) The Department shall adopt a State manual and specifications for a uniform system of traffic-control devices consistent with this Chapter for use upon highways within this State. Such manual shall include the adoption of the R 7-8 sign adopted by the United States Department of Transportation to designate the reservation of parking facilities for a person with disabilities and the sign adopted by the Secretary of State to designate the reservation of parking facilities for an expectant mother. Non-conforming signs in use prior to January 1, 1985 shall not constitute a violation during their useful lives, which shall not be extended by other means than normal maintenance. The manual shall also specify insofar as practicable the minimum warrants justifying the use of the various traffic control devices. Such uniform system shall correlate with and, where not inconsistent with Illinois highway conditions, conform to the system set forth in the most recent edition of the national manual on Uniform Traffic Control Devices for Streets and Highways.

(b) Signs adopted by the Department to designate the reservation of parking facilities for a person with disabilities or an expectant mother shall also exhibit, in a manner determined by the Department, the words "$100 Fine".

(c) If the amount of a fine is changed, the Department shall change the design of the signs to indicate the current amount of the fine.

(Source: P.A. 88-685, eff. 1-24-95; 89-533, eff. 1-1-97.)

(625 ILCS 5/11-1301.10 new)

Sec. 11-1301.10. Special device for expectant mother parking.

(a) The Secretary of State shall provide for, by administrative rules, the design, size, color, and placement of an expectant mother motorist device and shall provide for, by administrative rules, the content and form of an application for an expectant mother motorist device, which must be used by local authorities in the issuance of the device to an expectant mother, provided that the device is valid for no more than 90 days, subject to renewal for like periods based upon continued pregnancy, and further provided that the device clearly sets forth the date that the device expires. The application must include the requirement of an Illinois Identification Card number or a State of Illinois driver's license number. This device is the property of the expectant mother and may be used by her to designate and identify a vehicle not owned by her to designate when the vehicle is being used to transport the expectant mother. Expectant mother devices issued and displayed under this Section must be recognized and honored by all local authorities, regardless of which local authority issued the device.

The device may be issued only upon a showing by adequate documentation that the person for whose benefit the device is to be used is an expectant mother whose mobility has been limited by her condition.

(b) The local governing authorities are responsible for the provision of the device, its issuance, and its designated placement within the vehicle. The cost of the device is at the discretion of the local governing authority.

(c) The Secretary of State may issue an expectant mother parking device to an expectant mother whose mobility has been limited by her condition. Any expectant mother parking device issued by the Secretary of State must be registered to the expectant mother in the form to be prescribed by the Secretary of State. The expectant mother parking device may not display the person's address. One additional device may be issued to an applicant upon her written request and with the approval of the Secretary of State. The written request must include a justification of the need for the additional device.

(d) Replacement devices may be issued for lost, stolen, or destroyed devices, upon application and payment of a $10 fee.

(e) This Section does not require any parking lot to provide parking spaces reserved for expectant mothers.

(625 ILCS 5/11-1301.11 new)

Sec. 11-1301.11. Unauthorized use of parking places reserved for expectant mothers.

(a) A person may not park any motor vehicle not properly displaying an expectant mother parking device, in any parking place, including any private or public offstreet parking facility, specifically reserved, by the posting of an official sign as designated under Section 11-301, for motor vehicles displaying the parking device. When using the parking privileges for an expectant mother, the parking device must be displayed properly in the vehicle where it is clearly visible to law enforcement personnel, either hanging from the rearview mirror or placed on the dashboard of the vehicle in clear view. An individual with a vehicle properly displaying an expectant mother parking device issued to an expectant mother under Section 11-1301.10 is in violation of this Section if the person is not the authorized holder of an expectant mother parking device and is not transporting the authorized holder of an expectant mother parking device to or from the parking location and the person uses the expectant mother parking device to exercise any privileges granted through expectant mother parking devices under this Code. Any motor vehicle properly displaying an expectant mother parking device issued to expectant mothers by any local authority, state, district, territory, or foreign country shall be recognized by State and local authorities as a device and receive the same parking privileges as residents of this State.

(b) Any person or local authority owning or operating any public or private offstreet parking facility may, after notifying the police or sheriff's department, remove or cause to be removed to the nearest garage or other place of safety any vehicle parked within a stall or space reserved for use by an expectant mother which does not display an expectant mother parking device as required under this Section.

(c) Any person found guilty of violating this Section shall be fined $100 in addition to any costs or charges connected with the removal or storage of any motor vehicle authorized under this Section; but municipalities by ordinance may impose a fine up to $200 and shall display signs indicating the fine imposed. If the amount of the fine is subsequently changed, the municipality shall change the sign to indicate the current amount of the fine. It shall not be a defense to a charge under this Section that the sign posted pursuant to this Section does not comply with the technical requirements of Section 11-301, Department regulations, or local ordinance if a reasonable person would be made aware by the sign or notice on or near the parking place that the place is reserved for an expectant mother.

(d) Local authorities shall impose fines as established in subsection (c) for violations of this Section.

(e) As used in this Section, "authorized holder" means an individual issued an expectant mother parking device under Section 11-1301.10 of this Code.