Full Text of HB3323 96th General Assembly
HB3323ham001 96TH GENERAL ASSEMBLY
|
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 |
|
|
|
09600HB3323ham001 |
- 2 - |
LRB096 05919 AJT 24492 a |
|
| 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 |
|
|
|
09600HB3323ham001 |
- 3 - |
LRB096 05919 AJT 24492 a |
|
| 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 |
|
|
|
09600HB3323ham001 |
- 4 - |
LRB096 05919 AJT 24492 a |
|
| 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.
|
|
|
|
09600HB3323ham001 |
- 5 - |
LRB096 05919 AJT 24492 a |
|
| 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.
|
|
|
|
09600HB3323ham001 |
- 6 - |
LRB096 05919 AJT 24492 a |
|
| 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.".
|
|