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1 | AN ACT concerning transportation.
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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 changing | ||||||
5 | Sections 3-604, 3-609, 11-209, 11-1301.1, 11-1301.2, | ||||||
6 | 11-1301.3, 11-1301.5, and 11-1301.6 and by adding Section | ||||||
7 | 3-609.01 as follows:
| ||||||
8 | (625 ILCS 5/3-604) (from Ch. 95 1/2, par. 3-604)
| ||||||
9 | Sec. 3-604. Expiration of special plates. Every special | ||||||
10 | plate issued,
except those issued for dealers, manufacturers | ||||||
11 | and transporters under
Section 3-602 and persons with | ||||||
12 | disabilities under Sections
3-609 , 3-609.01, or 3-616, or deaf | ||||||
13 | or hard of
hearing under Section 3-616 of this Code, may be | ||||||
14 | issued for a 2
year period beginning January 1st of each | ||||||
15 | odd-numbered year and ending
December 31st of the subsequent | ||||||
16 | even-numbered year. The special plates issued
to a person with
| ||||||
17 | disabilities or a person who is deaf or hard of hearing shall | ||||||
18 | expire according
to the multi-year procedure as established
by | ||||||
19 | Section 3-414 of this Code.
| ||||||
20 | Special plates issued to members of the General Assembly | ||||||
21 | under Section
3-606 shall expire at midnight on the 31st day of | ||||||
22 | January in odd-numbered
years.
| ||||||
23 | (Source: P.A. 88-685, eff. 1-24-95; 89-245, eff. 1-1-96.)
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| |||||||
1 | (625 ILCS 5/3-609) (from Ch. 95 1/2, par. 3-609)
| ||||||
2 | Sec. 3-609. Disabled Veterans' Plates. Any disabled | ||||||
3 | veteran whose degree of disability has been declared to be 100% | ||||||
4 | by the United States Department of Veterans Affairs and who has
| ||||||
5 | been or declared eligible for funds for the purchase of a motor
| ||||||
6 | vehicle of the first division or for a motor vehicle of the | ||||||
7 | second division
weighing not more than 8,000 pounds by the | ||||||
8 | United States Federal Government
because of his disability, may | ||||||
9 | make application for the registration of one
such vehicle, to | ||||||
10 | the Secretary of State without the payment of any
registration | ||||||
11 | fee. Registration shall be for a multi-year period effective
in | ||||||
12 | 1980 and may be issued staggered registration.
| ||||||
13 | Any disabled veteran of World War I, of World War II, of | ||||||
14 | the National
Emergency between June 25, 1950 and January 31, | ||||||
15 | 1955 or of the period
beginning February 1, 1955 and ending on | ||||||
16 | the day before the first day
thereafter in which individuals | ||||||
17 | (other than individuals liable for
induction by reason of prior | ||||||
18 | deferment) are no longer liable for
induction for training and | ||||||
19 | service into the armed forces under the
Military Selective | ||||||
20 | Service Act of 1967, or of any armed conflict
involving the | ||||||
21 | armed forces of the United States, who has a
service-connected | ||||||
22 | disability of such a nature that it would, if it had
been | ||||||
23 | incurred in World War II, have entitled him to be awarded an
| ||||||
24 | automobile by the United States Federal Government, or who is | ||||||
25 | receiving
compensation from the Veterans Administration for |
| |||||||
| |||||||
1 | total service-connected
disability, may make application to | ||||||
2 | the Secretary of State for the
registration of one motor | ||||||
3 | vehicle of the first division without
accompanying such | ||||||
4 | application with the payment of any fee.
| ||||||
5 | Renewal of such registration must be accompanied with | ||||||
6 | documentation
for eligibility of registration without fee | ||||||
7 | unless the applicant has a
permanent qualifying disability, and | ||||||
8 | such registration plates may not be
issued to any person not | ||||||
9 | eligible therefor.
| ||||||
10 | The Illinois Veterans Commission may assist in providing | ||||||
11 | the
documentation of disability.
| ||||||
12 | (Source: P.A. 86-444; 87-895.)
| ||||||
13 | (625 ILCS 5/3-609.01 new)
| ||||||
14 | Sec. 3-609.01. Handicapped Veterans' plates. | ||||||
15 | (a) Any disabled veteran whose degree of disability has | ||||||
16 | been declared to be less than 100% by the United States | ||||||
17 | Department of Veterans Affairs and who has
been or declared | ||||||
18 | eligible for funds for the purchase of a motor
vehicle of the | ||||||
19 | first division or for a motor vehicle of the second division
| ||||||
20 | weighing not more than 8,000 pounds by the United States | ||||||
21 | Federal Government
because of his or her disability, may make | ||||||
22 | application for the registration of one
of those vehicles, to | ||||||
23 | the Secretary of State without the payment of any
registration | ||||||
24 | fee. Registration shall be for a multi-year period and may be | ||||||
25 | issued staggered registration. |
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| |||||||
1 | (b) Any disabled veteran of World War I, of World War II, | ||||||
2 | of the National
Emergency between June 25, 1950 and January 31, | ||||||
3 | 1955 or of the period
beginning February 1, 1955 and ending on | ||||||
4 | the day before the first day
thereafter in which individuals | ||||||
5 | (other than individuals liable for
induction by reason of prior | ||||||
6 | deferment) are no longer liable for
induction for training and | ||||||
7 | service into the armed forces under the
Military Selective | ||||||
8 | Service Act of 1967, or of any armed conflict
involving the | ||||||
9 | armed forces of the United States, who has a
service-connected | ||||||
10 | disability of such a nature that it would, if it had
been | ||||||
11 | incurred in World War II, have entitled him to be awarded an
| ||||||
12 | automobile by the United States Federal Government, or who is | ||||||
13 | receiving
compensation from the Veterans Administration for | ||||||
14 | total service-connected
disability, may make application to | ||||||
15 | the Secretary of State for the
registration of one motor | ||||||
16 | vehicle of the first division without
accompanying his or her | ||||||
17 | application with the payment of any fee.
| ||||||
18 | (c) Renewal of this registration must be accompanied with | ||||||
19 | documentation
for eligibility of registration without fee | ||||||
20 | unless the applicant has a
permanent qualifying disability, and | ||||||
21 | these registration plates may not be
issued to any person not | ||||||
22 | eligible to receive them.
| ||||||
23 | (d) The Illinois Veterans Commission may assist in | ||||||
24 | providing the
documentation of disability.
| ||||||
25 | (625 ILCS 5/11-209) (from Ch. 95 1/2, par. 11-209)
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1 | Sec. 11-209. Powers of municipalities and counties - | ||||||
2 | Contract with
school boards, hospitals, churches, condominium | ||||||
3 | complex unit owners'
associations, and commercial and | ||||||
4 | industrial facility, shopping center,
and apartment complex | ||||||
5 | owners for regulation of traffic.
| ||||||
6 | (a) The corporate authorities of any municipality or the | ||||||
7 | county
board of any county, and a school board, hospital, | ||||||
8 | church, condominium
complex unit owners' association, or owner | ||||||
9 | of any
commercial and industrial facility,
shopping center, or | ||||||
10 | apartment complex which controls a parking area
located within | ||||||
11 | the limits of the municipality, or outside the limits of
the | ||||||
12 | municipality and within the boundaries of the county, may, by
| ||||||
13 | contract, empower the municipality or county to regulate the | ||||||
14 | parking of
automobiles and the traffic at such parking area. | ||||||
15 | Such contract shall
empower the municipality or county to | ||||||
16 | accomplish all or any part of the
following:
| ||||||
17 | 1. The erection of stop signs, flashing signals, person | ||||||
18 | with
disabilities parking area signs or yield signs at
| ||||||
19 | specified locations in a parking area and the adoption of | ||||||
20 | appropriate
regulations thereto pertaining, or the | ||||||
21 | designation of any intersection
in the parking area as a | ||||||
22 | stop intersection or as a yield intersection
and the | ||||||
23 | ordering of like signs or signals at one or more entrances | ||||||
24 | to
such intersection, subject to the provisions of this | ||||||
25 | Chapter.
| ||||||
26 | 2. The prohibition or regulation of the turning of |
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| |||||||
1 | vehicles or
specified types of vehicles at intersections or | ||||||
2 | other designated
locations in the parking area.
| ||||||
3 | 3. The regulation of a crossing of any roadway in the | ||||||
4 | parking area
by pedestrians.
| ||||||
5 | 4. The designation of any separate roadway in the | ||||||
6 | parking area for
one-way traffic.
| ||||||
7 | 5. The establishment and regulation of loading zones.
| ||||||
8 | 6. The prohibition, regulation, restriction or | ||||||
9 | limitation of the
stopping, standing or parking of vehicles | ||||||
10 | in specified areas of the
parking area.
| ||||||
11 | 7. The designation of safety zones in the parking area | ||||||
12 | and fire lanes.
| ||||||
13 | 8. Providing for the removal and storage of vehicles | ||||||
14 | parked or
abandoned in the parking area during snowstorms, | ||||||
15 | floods, fires, or other
public emergencies, or found | ||||||
16 | unattended in the parking area, (a) where
they constitute | ||||||
17 | an obstruction to traffic, or (b) where stopping,
standing | ||||||
18 | or parking is prohibited, and for the payment of reasonable
| ||||||
19 | charges for such removal and storage by the owner or | ||||||
20 | operator of any
such vehicle.
| ||||||
21 | 9. Providing that the cost of planning, installation, | ||||||
22 | maintenance
and enforcement of parking and traffic | ||||||
23 | regulations pursuant to any
contract entered into under the | ||||||
24 | authority of this paragraph (a) of this
Section be borne by | ||||||
25 | the municipality or county, or by the school board,
| ||||||
26 | hospital, church, property owner, apartment complex owner,
|
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| |||||||
1 | or condominium complex unit owners' association,
or that a
| ||||||
2 | percentage of the cost be shared by the parties to the | ||||||
3 | contract.
| ||||||
4 | 10. Causing the installation of parking meters on the | ||||||
5 | 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 the | ||||||
8 | school board, hospital, church, condominium complex unit | ||||||
9 | owners'
association, shopping center or
apartment complex | ||||||
10 | owner.
All moneys obtained from such parking meters as may | ||||||
11 | be
installed on any parking area shall belong to the | ||||||
12 | municipality or county.
| ||||||
13 | 11. Causing the installation of parking signs in | ||||||
14 | accordance with
Section 11-301 in areas of the parking lots | ||||||
15 | covered by this Section and
where desired by the person | ||||||
16 | contracting with the appropriate authority
listed in | ||||||
17 | paragraph (a) of this Section, indicating that such parking
| ||||||
18 | spaces are reserved for persons with disabilities.
| ||||||
19 | 12. Contracting for such additional reasonable rules | ||||||
20 | and regulations
with respect to traffic and parking in a | ||||||
21 | parking area as local
conditions may require for the safety | ||||||
22 | and convenience of the public or
of the users of the | ||||||
23 | parking area.
| ||||||
24 | (b) No contract entered into pursuant to this Section shall | ||||||
25 | exceed a
period of 20 years. No lessee of a shopping center or | ||||||
26 | apartment complex
shall enter into such a contract for a longer |
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| |||||||
1 | period of time than the
length of his lease.
| ||||||
2 | (c) Any contract entered into pursuant to this Section | ||||||
3 | shall be
recorded in the office of the recorder in the county | ||||||
4 | in which
the parking area is located, and no regulation made | ||||||
5 | pursuant to the
contract shall be effective or enforceable | ||||||
6 | until 3 days after the
contract is so recorded.
| ||||||
7 | (d) At such time as parking and traffic regulations have | ||||||
8 | been
established at any parking area pursuant to the contract | ||||||
9 | as provided for
in this Section, then it shall be a petty | ||||||
10 | offense for any person to do
any act forbidden or to fail to | ||||||
11 | perform any act required by such parking
or traffic regulation. | ||||||
12 | If the violation is the parking in a parking space
reserved for | ||||||
13 | persons with disabilities under paragraph (11) of this Section, | ||||||
14 | by
a person without special registration plates issued to a | ||||||
15 | person with
disabilities, as defined by Section 1-159.1, | ||||||
16 | pursuant to Section
3-616 of this Code, or to a disabled | ||||||
17 | veteran pursuant to Section 3-609 or 3-609.01 of
this Code, the | ||||||
18 | local police of the contracting corporate municipal
| ||||||
19 | authorities shall issue a parking ticket to such parking | ||||||
20 | violator and issue
a fine in accordance with Section 11-1301.3.
| ||||||
21 | (e) The term "shopping center", as used in this Section, | ||||||
22 | means
premises having one or more stores or business | ||||||
23 | establishments in
connection with which there is provided on | ||||||
24 | privately-owned property near
or contiguous thereto an area, or | ||||||
25 | areas, of land used by the public as
the means of access to and | ||||||
26 | egress from the stores and business
establishments on such |
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| |||||||
1 | premises and for the parking of motor vehicles of
customers and | ||||||
2 | patrons of such stores and business establishments on such
| ||||||
3 | premises.
| ||||||
4 | (f) The term "parking area", as used in this Section, means | ||||||
5 | an area,
or areas, of land near or contiguous to a school, | ||||||
6 | church, or hospital
building, shopping center, apartment | ||||||
7 | complex, or condominium
complex,
but not the public highways or | ||||||
8 | alleys, and used by
the public as the means of access to and | ||||||
9 | egress from such buildings and
the stores and business | ||||||
10 | establishments at a shopping center and for the
parking of | ||||||
11 | motor vehicles.
| ||||||
12 | (g) The terms "owner", "property owner", "shopping center | ||||||
13 | owner",
and "apartment complex owner",
as used in this Section, | ||||||
14 | mean the actual
legal owner of the shopping center parking area | ||||||
15 | or apartment
complex,
the trust officer of a banking | ||||||
16 | institution having the right to manage
and control such | ||||||
17 | property, or a person having the legal right, through
lease or | ||||||
18 | otherwise, to manage or control the property.
| ||||||
19 | (g-5) The term "condominium complex unit owners' | ||||||
20 | association", as used in
this Section, means a "unit owners' | ||||||
21 | association" as defined in Section 2 of the
Condominium | ||||||
22 | Property Act.
| ||||||
23 | (h) The term "fire lane", as used in this Section, means | ||||||
24 | travel
lanes for the fire fighting equipment upon which there | ||||||
25 | shall be no
standing or parking of any motor vehicle at any | ||||||
26 | time so that fire
fighting equipment can move freely thereon.
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1 | (i) The term "apartment complex", as used in this Section, | ||||||
2 | means
premises having one or more apartments in connection with | ||||||
3 | which there is
provided on privately-owned property near or | ||||||
4 | contiguous thereto an area,
or areas, of land used by occupants | ||||||
5 | of such apartments or their guests
as a means of access to and | ||||||
6 | egress from such apartments or for the
parking of motor | ||||||
7 | vehicles of such occupants or their guests.
| ||||||
8 | (j) The term "condominium complex", as used in this | ||||||
9 | Section, means
the units, common elements, and limited common | ||||||
10 | elements that are located on the
parcels, as those terms are | ||||||
11 | defined in Section 2 of the Condominium Property
Act.
| ||||||
12 | (k) The term "commercial and industrial facility", as used | ||||||
13 | in this
Section, means a premises containing one or more | ||||||
14 | commercial and industrial
facility establishments in | ||||||
15 | connection with which there is
provided on
privately-owned | ||||||
16 | property near or contiguous to the premises an area or areas of
| ||||||
17 | land used by the public as the means of access to and egress | ||||||
18 | from the
commercial and industrial facility establishment on | ||||||
19 | the premises and for the
parking of motor vehicles of | ||||||
20 | customers, patrons, and employees of the
commercial and | ||||||
21 | industrial facility establishment on the premises.
| ||||||
22 | (l) The provisions of this Section shall not be deemed to
| ||||||
23 | prevent local
authorities from enforcing, on private property, | ||||||
24 | local ordinances imposing
fines, in accordance with Section | ||||||
25 | 11-1301.3, as penalties for use of any
parking
place reserved | ||||||
26 | for persons with disabilities, as defined by Section 1-159.1, |
| |||||||
| |||||||
1 | or
disabled veterans by any person using a motor vehicle not | ||||||
2 | bearing registration
plates specified in Section 11-1301.1 or a | ||||||
3 | special decal or device as defined
in Section 11-1301.2 as | ||||||
4 | evidence that the vehicle is operated by or for a
person with | ||||||
5 | disabilities or disabled veteran.
| ||||||
6 | This amendatory Act of 1972 is not a prohibition upon the | ||||||
7 | contractual
and associational powers granted by Article VII, | ||||||
8 | Section 10 of the
Illinois Constitution.
| ||||||
9 | (Source: P.A. 89-551, eff. 1-1-97; 90-106, eff. 1-1-98; 90-145, | ||||||
10 | eff. 1-1-98;
90-481, eff. 8-17-97; 90-655, eff. 7-30-98.)
| ||||||
11 | (625 ILCS 5/11-1301.1) (from Ch. 95 1/2, par. 11-1301.1)
| ||||||
12 | Sec. 11-1301.1. Persons with disabilities - Parking | ||||||
13 | privileges - Exemptions. A motor vehicle bearing registration | ||||||
14 | plates issued to a person with
disabilities, as defined by | ||||||
15 | Section 1-159.1, pursuant to Section 3-616 or to a
disabled | ||||||
16 | veteran pursuant to Section 3-609 or 3-609.01 or a special | ||||||
17 | decal or device issued
pursuant to Section 3-616 or pursuant to | ||||||
18 | Section 11-1301.2 of this Code or a
motor vehicle registered in | ||||||
19 | another jurisdiction, state, district, territory or
foreign | ||||||
20 | country upon which is displayed a registration plate, special | ||||||
21 | decal or
device issued by the other jurisdiction designating | ||||||
22 | the vehicle is operated by
or for a person with disabilities | ||||||
23 | shall be exempt from the payment of parking
meter fees and | ||||||
24 | exempt from any statute or ordinance imposing time limitations
| ||||||
25 | on parking, except limitations of one-half hour or less, on any |
| |||||||
| |||||||
1 | street or
highway zone, or any parking lot or parking place | ||||||
2 | which
are owned, leased or owned and leased by a municipality | ||||||
3 | or a municipal
parking utility; and shall be recognized by | ||||||
4 | state and local authorities
as a valid license plate or parking | ||||||
5 | device and shall receive the same
parking privileges as | ||||||
6 | residents of this State; but, such vehicle shall be
subject to | ||||||
7 | the laws which prohibit parking in "no stopping" and "no
| ||||||
8 | standing" zones in front of or near fire hydrants, driveways, | ||||||
9 | public
building entrances and exits, bus stops and loading | ||||||
10 | areas, and is
prohibited from parking where the motor vehicle | ||||||
11 | constitutes a traffic
hazard, whereby such motor vehicle shall | ||||||
12 | be moved at the instruction and
request of a law enforcement | ||||||
13 | officer to a location designated by the
officer. Any motor | ||||||
14 | vehicle bearing registration plates or a special decal
or | ||||||
15 | device specified in this Section or in Section 3-616 of this | ||||||
16 | Code or
such parking device as specifically authorized in | ||||||
17 | Section 11-1301.2 as
evidence that the vehicle is operated by | ||||||
18 | or for a person with disabilities or
disabled veteran may park, | ||||||
19 | in addition to any
other lawful place, in any parking place | ||||||
20 | specifically reserved for such
vehicles by the posting of an | ||||||
21 | official sign as provided under Section 11-301.
Parking | ||||||
22 | privileges granted by this Section are strictly limited
to the | ||||||
23 | person to whom the special registration plates, special decal | ||||||
24 | or
device were issued and to qualified operators acting under | ||||||
25 | his express
direction while the person with disabilities is | ||||||
26 | present.
A person to whom privileges were granted shall, at the |
| |||||||
| |||||||
1 | request of a
police officer or any other person invested by law | ||||||
2 | with authority to direct,
control, or regulate traffic, present | ||||||
3 | an identification card with a picture as
verification that the
| ||||||
4 | person is the person to whom the special registration plates, | ||||||
5 | special decal or
device was issued.
| ||||||
6 | Such parking privileges granted by this Section are also | ||||||
7 | extended to
motor vehicles of not-for-profit organizations | ||||||
8 | used for the transportation of
persons with disabilities when | ||||||
9 | such motor vehicles display the decal or device
issued pursuant | ||||||
10 | to Section 11-1301.2 of this Code.
| ||||||
11 | No person shall use any area for the parking of any motor | ||||||
12 | vehicle
pursuant to Section 11-1303 of this Code or where an | ||||||
13 | official sign
controlling such area expressly prohibits | ||||||
14 | parking at any time or during
certain hours.
| ||||||
15 | (Source: P.A. 90-106, eff. 1-1-98.)
| ||||||
16 | (625 ILCS 5/11-1301.2) (from Ch. 95 1/2, par. 11-1301.2)
| ||||||
17 | Sec. 11-1301.2. Special decals for a person with | ||||||
18 | disabilities parking.
| ||||||
19 | (a) The Secretary of State shall provide for, by | ||||||
20 | administrative rules, the
design, size, color, and placement of | ||||||
21 | a person with disabilities motorist decal
or device
and shall | ||||||
22 | provide for, by administrative
rules, the content and form of | ||||||
23 | an application for a person with disabilities
motorist decal or | ||||||
24 | device,
which shall be used by local authorities in the | ||||||
25 | issuance thereof to a
person with temporary disabilities, |
| |||||||
| |||||||
1 | provided that the decal or device is
valid for no more than 90 | ||||||
2 | days, subject to renewal for like periods based upon
continued | ||||||
3 | disability, and further provided that the decal or device | ||||||
4 | clearly
sets forth the date that the decal or device expires.
| ||||||
5 | The application shall
include the requirement of an Illinois | ||||||
6 | Identification Card number or a State
of Illinois driver's | ||||||
7 | license number.
This decal or device shall be the property of | ||||||
8 | such
person with disabilities and may be used by that person to | ||||||
9 | designate and identify a vehicle not owned or displaying a
| ||||||
10 | registration plate as provided in Sections 3-609 , 3-609.01, and | ||||||
11 | 3-616 of this Act to
designate when the vehicle is being used | ||||||
12 | to transport said person or persons
with disabilities, and thus | ||||||
13 | is entitled to enjoy all the privileges that would
be afforded | ||||||
14 | a person with disabilities licensed vehicle.
Person with | ||||||
15 | disabilities decals or devices issued and displayed pursuant to
| ||||||
16 | this Section shall be recognized and honored by all local | ||||||
17 | authorities
regardless of which local authority issued such | ||||||
18 | decal or device.
| ||||||
19 | The decal or device shall be issued only upon a showing by | ||||||
20 | adequate
documentation that the person for whose benefit the | ||||||
21 | decal or device is to be
used has a temporary disability as | ||||||
22 | defined in Section 1-159.1 of this
Code.
| ||||||
23 | (b) The local governing authorities shall be responsible | ||||||
24 | for the provision
of such decal or device, its issuance and | ||||||
25 | designated placement within the
vehicle. The cost of such decal | ||||||
26 | or device shall be at the discretion of
such local governing |
| |||||||
| |||||||
1 | authority.
| ||||||
2 | (c) The Secretary of State may, pursuant to Section | ||||||
3 | 3-616(c), issue
a person with disabilities parking decal or | ||||||
4 | device to a person with
disabilities as defined by Section | ||||||
5 | 1-159.1. Any person with disabilities
parking decal or device | ||||||
6 | issued by the Secretary of State shall be registered to
that | ||||||
7 | person with disabilities in the form to be prescribed by the | ||||||
8 | Secretary of
State. The person with disabilities parking decal | ||||||
9 | or device shall not display
that person's address. One | ||||||
10 | additional decal or device may be issued to an
applicant upon | ||||||
11 | his or her written request and with the approval of the
| ||||||
12 | Secretary of
State.
The written request must include a | ||||||
13 | justification of the need for the
additional decal or device.
| ||||||
14 | (d) Replacement decals or devices may be issued for lost, | ||||||
15 | stolen, or
destroyed decals upon application and payment of a | ||||||
16 | $10 fee. The replacement
fee may be waived for individuals that | ||||||
17 | have claimed and received a grant under
the Senior Citizens and | ||||||
18 | Disabled Persons Property Tax Relief and Pharmaceutical
| ||||||
19 | Assistance Act.
| ||||||
20 | (Source: P.A. 92-411, eff. 1-1-02.)
| ||||||
21 | (625 ILCS 5/11-1301.3) (from Ch. 95 1/2, par. 11-1301.3)
| ||||||
22 | Sec. 11-1301.3. Unauthorized use of parking places | ||||||
23 | reserved for persons with
disabilities. | ||||||
24 | (a) It shall be prohibited to park any motor vehicle which | ||||||
25 | is not properly
displaying
registration plates or decals issued |
| |||||||
| |||||||
1 | to a person with disabilities, as defined
by Section 1-159.1, | ||||||
2 | pursuant to Sections 3-616, 11-1301.1 or 11-1301.2, or to
a | ||||||
3 | disabled veteran pursuant to Section 3-609 or 3-609.01 of this | ||||||
4 | Act, as evidence that the
vehicle is operated by or for a | ||||||
5 | person with disabilities or disabled veteran,
in any parking | ||||||
6 | place, including any private
or public offstreet parking | ||||||
7 | facility, specifically reserved, by the
posting of an official | ||||||
8 | sign as designated under Section 11-301, for
motor vehicles | ||||||
9 | displaying such registration plates.
It shall be prohibited to | ||||||
10 | park any motor vehicle in a designated access
aisle adjacent to | ||||||
11 | any parking place specifically reserved for persons with
| ||||||
12 | disabilities, by the posting of an official sign as designated | ||||||
13 | under Section
11-301, for motor vehicles displaying such | ||||||
14 | registration plates.
When using the parking privileges for | ||||||
15 | persons with disabilities, the parking
decal or device must be | ||||||
16 | displayed properly in the vehicle where it is clearly
visible | ||||||
17 | to law enforcement personnel, either hanging from the rearview | ||||||
18 | mirror
or placed on the dashboard of the vehicle in clear view.
| ||||||
19 | Any motor vehicle properly displaying a disability license | ||||||
20 | plate or a
parking decal or device containing the International | ||||||
21 | symbol of access
issued to persons with disabilities by any | ||||||
22 | local 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
privileges | ||||||
25 | as residents of this State.
| ||||||
26 | (a-1) An individual with a vehicle displaying disability |
| |||||||
| |||||||
1 | license plates or a parking decal or device issued to a | ||||||
2 | qualified person with a disability under Sections 3-616, | ||||||
3 | 11-1301.1, or 11-1301.2 or to a disabled veteran under Section | ||||||
4 | 3-609 or 3-609.01 is in violation of this Section if (i) the | ||||||
5 | person using the disability license plate or parking decal or | ||||||
6 | device is not the authorized holder of the disability license | ||||||
7 | plate or parking decal or device or is not transporting the | ||||||
8 | authorized holder of the disability license plate or parking | ||||||
9 | decal or device to or from the parking location and (ii) the | ||||||
10 | person uses the disability license plate or parking decal or | ||||||
11 | device to exercise any privileges granted through the | ||||||
12 | disability license plate or parking decals or devices under | ||||||
13 | this Code.
| ||||||
14 | (b) Any person or local authority owning or operating any | ||||||
15 | 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 by | ||||||
19 | a person with disabilities which does not
display person with | ||||||
20 | disabilities registration
plates or a special decal or device | ||||||
21 | as required under this Section.
| ||||||
22 | (c) Any person found guilty of violating the provisions of | ||||||
23 | subsection (a) shall be fined $250 in addition to any costs or | ||||||
24 | charges connected
with the removal or storage of any motor | ||||||
25 | vehicle authorized under this
Section; but municipalities by | ||||||
26 | ordinance may impose a fine up to $350
and shall display signs |
| |||||||
| |||||||
1 | indicating the fine imposed. If the amount of
the fine is | ||||||
2 | subsequently changed, the municipality shall change the sign to
| ||||||
3 | indicate the current amount of the fine.
It shall not be a | ||||||
4 | defense to a charge under this Section that either the sign | ||||||
5 | posted
pursuant to this
Section or the intended accessible | ||||||
6 | parking place does not comply with the technical requirements | ||||||
7 | of Section 11-301,
Department
regulations, or local ordinance | ||||||
8 | if a reasonable person would be made aware by
the
sign or | ||||||
9 | notice on or near the parking place that the place is reserved | ||||||
10 | for a
person
with
disabilities.
| ||||||
11 | (c-1) Any person found guilty of violating the provisions | ||||||
12 | of subsection (a-1) shall be fined $500. The circuit clerk | ||||||
13 | shall distribute $250 of the $500 fine imposed on any person | ||||||
14 | who is found guilty of or pleads guilty to violating this | ||||||
15 | Section, including any person placed on court supervision for | ||||||
16 | violating this Section, to the law enforcement agency that | ||||||
17 | issued the citation or made the arrest. If more than one law | ||||||
18 | enforcement agency is responsible for issuing the citation or | ||||||
19 | making the arrest, the $250 shall be shared equally.
| ||||||
20 | (d) Local authorities shall impose fines as established in | ||||||
21 | subsections
(c) and (c-1) for violations of this Section.
| ||||||
22 | (e) As used in this Section, "authorized holder" means an | ||||||
23 | individual
issued a disability
license plate under Section | ||||||
24 | 3-616 of this
Code, an individual issued a parking decal or | ||||||
25 | device
under Section 11-1301.2 of this Code, or an individual | ||||||
26 | issued a disabled veteran's license plate under Section 3-609 |
| |||||||
| |||||||
1 | or 3-609.01 of this Code. | ||||||
2 | (f) Any person who commits a violation of subsection (a-1) | ||||||
3 | may have his or her driving privileges suspended or revoked by | ||||||
4 | the Secretary of State for a period of time determined by the | ||||||
5 | Secretary of State. The Secretary of State may also suspend or | ||||||
6 | revoke the disability license plates or parking decal or device | ||||||
7 | for a period of time determined by the Secretary of State.
| ||||||
8 | (Source: P.A. 94-619, eff. 1-1-06; 94-930, eff. 6-26-06.)
| ||||||
9 | (625 ILCS 5/11-1301.5)
| ||||||
10 | Sec. 11-1301.5. Fictitious or unlawfully altered | ||||||
11 | disability
license plate or parking decal or device. | ||||||
12 | (a) As used in this Section:
| ||||||
13 | "Fictitious disability license plate or parking decal or
| ||||||
14 | device" means any issued disability license plate or parking
| ||||||
15 | decal
or device, or any license plate issued to a disabled | ||||||
16 | veteran under Section 3-609 or 3-609.01 of this Code, that has | ||||||
17 | been issued by the Secretary of State or an authorized unit
of | ||||||
18 | local government that was issued based upon false information | ||||||
19 | contained on
the required application.
| ||||||
20 | "False information" means any incorrect or inaccurate | ||||||
21 | information
concerning
the name, date of birth, social security | ||||||
22 | number, driver's license number,
physician certification, or | ||||||
23 | any other information required on the Persons with Disabilities | ||||||
24 | Certification for Plate or Parking Placard, on the Application | ||||||
25 | for Replacement Disability Parking Placard, or on the
|
| |||||||
| |||||||
1 | application
for license plates issued to disabled veterans | ||||||
2 | under Section 3-609 or 3-609.01 of this Code, that
falsifies | ||||||
3 | the content of the application.
| ||||||
4 | "Unlawfully altered disability
license plate or parking
| ||||||
5 | permit or device" means any disability license plate or parking
| ||||||
6 | permit or device, or any license plate issued to a disabled | ||||||
7 | veteran under Section 3-609 or 3-609.01 of this Code, issued by | ||||||
8 | the Secretary of State or an authorized unit of
local | ||||||
9 | government that has been physically altered or changed in such | ||||||
10 | manner
that false information appears on the license plate or | ||||||
11 | parking decal or device.
| ||||||
12 | "Authorized holder" means an individual issued a | ||||||
13 | disability
license plate under Section 3-616 of this Code or an | ||||||
14 | individual issued a parking decal or device under Section | ||||||
15 | 11-1301.2 of this Code, or an individual issued a disabled | ||||||
16 | veteran's license plate under Section 3-609 or 3-609.01 of this | ||||||
17 | Code.
| ||||||
18 | (b) It is a violation of this Section for any person:
| ||||||
19 | (1) to knowingly possess any fictitious or unlawfully | ||||||
20 | altered disability license plate or parking decal or | ||||||
21 | device;
| ||||||
22 | (2) to knowingly issue or assist in the issuance of, by | ||||||
23 | the Secretary of
State or unit of local government, any | ||||||
24 | fictitious disability
license plate or parking decal or | ||||||
25 | device;
| ||||||
26 | (3) to knowingly alter any disability license plate or
|
| |||||||
| |||||||
1 | parking decal or device;
| ||||||
2 | (4) to knowingly manufacture, possess, transfer, or | ||||||
3 | provide any
documentation used in the application process | ||||||
4 | whether real or fictitious, for
the purpose of obtaining a | ||||||
5 | fictitious disability license plate or
parking decal or | ||||||
6 | device;
| ||||||
7 | (5) to knowingly provide any false information to the | ||||||
8 | Secretary of State
or a unit of local government in order | ||||||
9 | to obtain a disability
license plate or parking decal or | ||||||
10 | device; or
| ||||||
11 | (6) to knowingly transfer a disability license plate or
| ||||||
12 | parking decal or device for the purpose of exercising the | ||||||
13 | privileges granted
to an authorized holder of a disability
| ||||||
14 | license plate or parking
decal or device under this Code in | ||||||
15 | the absence of the authorized holder.
| ||||||
16 | (c) Sentence.
| ||||||
17 | (1) Any person convicted of a violation of paragraph | ||||||
18 | (1), (2), (3), (4), or (5) of subsection (b) of this | ||||||
19 | Section shall be guilty of
a Class A misdemeanor and fined | ||||||
20 | not less than $500 for a first offense and shall be guilty | ||||||
21 | of a Class 4 felony and fined not less than $1,000 for a | ||||||
22 | second or subsequent offense. Any person convicted of a | ||||||
23 | violation of subdivision (b)(6) of this Section is guilty | ||||||
24 | of a Class A misdemeanor and shall be fined not less than | ||||||
25 | $500 for a first offense and not less than $1,000 for a | ||||||
26 | second or subsequent offense. The circuit clerk shall |
| |||||||
| |||||||
1 | distribute one-half of any fine imposed on any person who | ||||||
2 | is found guilty of or pleads guilty to violating this | ||||||
3 | Section, including any person placed on court supervision | ||||||
4 | for violating this Section, to the law enforcement agency | ||||||
5 | that issued the citation or made the arrest. If more than | ||||||
6 | one law enforcement agency is responsible for issuing the | ||||||
7 | citation or making the arrest, one-half of the fine imposed | ||||||
8 | shall be shared equally.
| ||||||
9 | (2) Any person who commits a violation of this Section | ||||||
10 | may have his
or her driving privileges suspended or revoked | ||||||
11 | by the Secretary of State for a
period of time determined | ||||||
12 | by the Secretary of State. The Secretary of State may | ||||||
13 | suspend or revoke the parking decal or device or the | ||||||
14 | disability license plate of any person who commits a | ||||||
15 | violation of this Section.
| ||||||
16 | (3) Any police officer may seize the parking decal or | ||||||
17 | device from any
person who commits a violation of this | ||||||
18 | Section. Any police officer may seize
the disability | ||||||
19 | license plate upon authorization from the
Secretary of | ||||||
20 | State. Any police officer may request that the Secretary of | ||||||
21 | State
revoke the parking decal or device or the disability | ||||||
22 | license
plate of any person who commits a violation of this | ||||||
23 | Section.
| ||||||
24 | (Source: P.A. 94-619, eff. 1-1-06.)
| ||||||
25 | (625 ILCS 5/11-1301.6)
|
| |||||||
| |||||||
1 | Sec. 11-1301.6. Fraudulent disability license plate or
| ||||||
2 | parking decal or device. | ||||||
3 | (a) As used in this Section:
| ||||||
4 | "Fraudulent disability
license plate or parking decal | ||||||
5 | or
device"
means any disability license plate or parking | ||||||
6 | decal or device
that purports to be an official disability | ||||||
7 | license plate or
parking decal or device and that has not | ||||||
8 | been issued by the Secretary of State
or an authorized unit | ||||||
9 | of local government.
| ||||||
10 | "Disability license plate or parking decal or | ||||||
11 | device-making
implement" means any implement specially | ||||||
12 | designed or primarily used in the
manufacture, assembly, or | ||||||
13 | authentication of a disability license
plate or parking | ||||||
14 | decal or device, or a license plate issued to a disabled | ||||||
15 | veteran under Section 3-609 or 3-609.01 of this Code, | ||||||
16 | issued by the Secretary of State or a unit of
local | ||||||
17 | government.
| ||||||
18 | (b) It is a violation of this Section for any person:
| ||||||
19 | (1) to knowingly possess any fraudulent disability | ||||||
20 | license
plate or parking decal;
| ||||||
21 | (2) to knowingly possess without authority any | ||||||
22 | disability
license plate or parking decal or device-making | ||||||
23 | implement;
| ||||||
24 | (3) to knowingly duplicate, manufacture, sell, or | ||||||
25 | transfer any fraudulent
or stolen disability license plate | ||||||
26 | or parking decal or device;
|
| |||||||
| |||||||
1 | (4) to knowingly assist in the duplication, | ||||||
2 | manufacturing, selling, or
transferring of any fraudulent, | ||||||
3 | stolen, or reported lost or damaged disability license | ||||||
4 | plate
or parking decal or device; or
| ||||||
5 | (5) to advertise or distribute a fraudulent disability
| ||||||
6 | license plate or parking decal or device.
| ||||||
7 | (c) Sentence.
| ||||||
8 | (1) Any person convicted of a violation of this Section | ||||||
9 | shall be guilty of
a Class A misdemeanor and fined not less | ||||||
10 | than $1,000 for a first offense and shall be guilty of a | ||||||
11 | Class 4 felony and fined not less than $2,000 for a second | ||||||
12 | or subsequent offense. The circuit clerk shall distribute | ||||||
13 | half of any fine imposed on any person who is found guilty | ||||||
14 | of or pleads guilty to violating this Section, including | ||||||
15 | any person placed on court supervision for violating this | ||||||
16 | Section, to the law enforcement agency that issued the | ||||||
17 | citation or made the arrest. If more than one law | ||||||
18 | enforcement agency is responsible for issuing the citation | ||||||
19 | or making the arrest, one-half of the fine imposed shall be | ||||||
20 | shared equally.
| ||||||
21 | (2) Any person who commits a violation of this Section | ||||||
22 | may have his
or her driving privileges suspended or revoked | ||||||
23 | by the Secretary of State for a
period of time determined | ||||||
24 | by the Secretary of State.
| ||||||
25 | (3) Any police officer may seize the parking decal or | ||||||
26 | device from any
person who commits a violation of this |
| |||||||
| |||||||
1 | Section. Any police officer may seize
the disability | ||||||
2 | license plate upon authorization from the
Secretary of | ||||||
3 | State. Any police officer may request that the Secretary of | ||||||
4 | State
revoke the parking decal or device or the disability | ||||||
5 | license
plate of any person who commits a violation of this | ||||||
6 | Section.
| ||||||
7 | (Source: P.A. 94-619, eff. 1-1-06.)
| ||||||
8 | Section 10. The Motor Fuel Sales Act is amended by changing | ||||||
9 | Section 2 as follows:
| ||||||
10 | (815 ILCS 365/2) (from Ch. 121 1/2, par. 1502)
| ||||||
11 | Sec. 2. Any attendant on duty at a service station | ||||||
12 | described in Section
1 shall, upon request, dispense motor fuel | ||||||
13 | for the driver of a car which is
parked at a self-service | ||||||
14 | island and displays: (a) registration plates issued to
a | ||||||
15 | physically disabled person pursuant to Section 3-616 of the | ||||||
16 | Illinois Vehicle
Code; or (b) registration plates issued to a | ||||||
17 | disabled veteran pursuant
to Section 3-609 or 3-609.01 of such | ||||||
18 | Code; or (c) a special decal or device issued pursuant
to | ||||||
19 | Section 11-1301.2 of such Code; and shall only charge such | ||||||
20 | driver prices
as offered to the general public for motor fuel | ||||||
21 | dispensed at the self-service
island. However, such attendant | ||||||
22 | shall not be required to perform other
services which are | ||||||
23 | offered at the full-service island.
| ||||||
24 | (Source: P.A. 84-877.)
|