Rep. Rich Brauer

Filed: 3/26/2009

 

 


 

 


 
09600HB3323ham001 LRB096 05919 AJT 24492 a

1
AMENDMENT TO HOUSE BILL 3323

2     AMENDMENT NO. ______. Amend House Bill 3323 by replacing
3 everything after the enacting clause with the following:
 
4     "Section 5. The Illinois Vehicle Code is amended by
5 changing Section 3-616 as follows:
 
6     (625 ILCS 5/3-616)  (from Ch. 95 1/2, par. 3-616)
7     Sec. 3-616. Disability license plates.
8     (a) Upon receiving an application for a certificate of
9 registration for a motor vehicle of the first division or for a
10 motor vehicle of the second division weighing no more than
11 8,000 pounds, accompanied with payment of the registration fees
12 required under this Code from a person with disabilities or a
13 person who is deaf or hard of hearing, the Secretary of State,
14 if so requested, shall issue to such person registration plates
15 as provided for in Section 3-611, provided that the person with
16 disabilities or person who is deaf or hard of hearing must not

 

 

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1 be disqualified from obtaining a driver's license under
2 subsection 8 of Section 6-103 of this Code, and further
3 provided that any person making such a request must submit a
4 statement, certified by a licensed physician, by a physician
5 assistant who has been delegated the authority to make this
6 certification by his or her supervising physician, or by an
7 advanced practice nurse who has a written collaborative
8 agreement with a collaborating physician that authorizes the
9 advanced practice nurse to make this certification, to the
10 effect that such person is a person with disabilities as
11 defined by Section 1-159.1 of this Code, or alternatively
12 provide adequate documentation that such person has a Class 1A,
13 Class 2A or Type Four disability under the provisions of
14 Section 4A of the Illinois Identification Card Act. For
15 purposes of this Section, an Illinois Disabled Person
16 Identification Card issued pursuant to the Illinois
17 Identification Card Act indicating that the person thereon
18 named has a disability shall be adequate documentation of such
19 a disability.
20     (b) The Secretary shall issue plates under this Section to
21 a parent or legal guardian of a person with disabilities if the
22 person with disabilities has a Class 1A or Class 2A disability
23 as defined in Section 4A of the Illinois Identification Card
24 Act or is a person with disabilities as defined by Section
25 1-159.1 of this Code, and does not possess a vehicle registered
26 in his or her name, provided that the person with disabilities

 

 

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1 relies frequently on the parent or legal guardian for
2 transportation. Only one vehicle per family may be registered
3 under this subsection, unless the applicant can justify in
4 writing the need for one additional set of plates. Any person
5 requesting special plates under this subsection shall submit
6 such documentation or such physician's, physician assistant's,
7 or advanced practice nurse's statement as is required in
8 subsection (a) and a statement describing the circumstances
9 qualifying for issuance of special plates under this
10 subsection. An optometrist may certify a Class 2A Visual
11 Disability, as defined in Section 4A of the Illinois
12 Identification Card Act, for the purpose of qualifying a person
13 with disabilities for special plates under this subsection.
14     (c) The Secretary may issue a parking decal or device to a
15 person with disabilities as defined by Section 1-159.1 without
16 regard to qualification of such person with disabilities for a
17 driver's license or registration of a vehicle by such person
18 with disabilities or such person's immediate family, provided
19 such person with disabilities making such a request has been
20 issued a Disabled Person Identification Card indicating that
21 the person named thereon has a Class 1A or Class 2A disability,
22 or alternatively, submits a statement certified by a licensed
23 physician, or by a physician assistant or an advanced practice
24 nurse as provided in subsection (a), to the effect that such
25 person is a person with disabilities as defined by Section
26 1-159.1. An optometrist may certify a Class 2A Visual

 

 

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1 Disability as defined in Section 4A of the Illinois
2 Identification Card Act for the purpose of qualifying a person
3 with disabilities for a parking decal or device under this
4 subsection.
5     (d) The Secretary shall prescribe by rules and regulations
6 procedures to certify or re-certify as necessary the
7 eligibility of persons whose disabilities are other than
8 permanent for special plates or parking decals or devices
9 issued under subsections (a), (b) and (c). The Secretary of
10 State shall not require the re-certification of persons whose
11 disabilities are permanent for special plates or parking decals
12 or devices issued under subsections (a), (b) and (c). Except as
13 provided under subsection (f) of this Section, no such special
14 plates, decals or devices shall be issued by the Secretary of
15 State to or on behalf of any person with disabilities unless
16 such person is certified as meeting the definition of a person
17 with disabilities pursuant to Section 1-159.1 or meeting the
18 requirement of a Type Four disability as provided under Section
19 4A of the Illinois Identification Card Act for the period of
20 time that the physician, or the physician assistant or advanced
21 practice nurse as provided in subsection (a), determines the
22 applicant will have the disability, but not to exceed 6 months
23 from the date of certification or recertification.
24     (e) Any person requesting special plates under this Section
25 may also apply to have the special plates personalized, as
26 provided under Section 3-405.1.

 

 

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1     (f) The Secretary of State, upon application, shall issue
2 disability registration plates or a parking decal to
3 corporations, school districts, State or municipal agencies,
4 limited liability companies, nursing homes, convalescent
5 homes, or special education cooperatives which will transport
6 persons with disabilities. The Secretary shall prescribe by
7 rule a means to certify or re-certify the eligibility of
8 organizations to receive disability plates or decals and to
9 designate which of the 2 person with disabilities emblems shall
10 be placed on qualifying vehicles.
11     (g) The Secretary of State, or his designee, may enter into
12 agreements with other jurisdictions, including foreign
13 jurisdictions, on behalf of this State relating to the
14 extension of parking privileges by such jurisdictions to
15 permanently disabled residents of this State who display a
16 special license plate or parking device that contains the
17 International symbol of access on his or her motor vehicle, and
18 to recognize such plates or devices issued by such other
19 jurisdictions. This State shall grant the same parking
20 privileges which are granted to disabled residents of this
21 State to any non-resident whose motor vehicle is licensed in
22 another state, district, territory or foreign country if such
23 vehicle displays the international symbol of access or a
24 distinguishing insignia on license plates or parking device
25 issued in accordance with the laws of the non-resident's state,
26 district, territory or foreign country.

 

 

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1 (Source: P.A. 94-619, eff. 1-1-06; 95-762, eff. 1-1-09.)
 
2     Section 99. Effective date. This Act takes effect January
3 1, 2010.".