Full Text of HB5624 97th General Assembly
HB5624ham001 97TH GENERAL ASSEMBLY | Rep. Karen May Filed: 2/28/2012
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| 1 | | AMENDMENT TO HOUSE BILL 5624
| 2 | | AMENDMENT NO. ______. Amend House Bill 5624 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Illinois Vehicle Code is amended by | 5 | | changing Sections 11-1301.1, 11-1301.3, and 11-1301.5 and by | 6 | | adding Section 11-1301.9 as follows:
| 7 | | (625 ILCS 5/11-1301.1) (from Ch. 95 1/2, par. 11-1301.1)
| 8 | | Sec. 11-1301.1. Persons with disabilities - Parking | 9 | | privileges - Exemptions. A motor vehicle bearing registration | 10 | | plates issued to a person with
disabilities, as defined by | 11 | | Section 1-159.1, pursuant to Section 3-616 or to a
disabled | 12 | | veteran pursuant to Section 3-609 or a special decal or device | 13 | | issued
pursuant to Section 3-616 or pursuant to Section | 14 | | 11-1301.2 of this Code or a
motor vehicle registered in another | 15 | | jurisdiction, state, district, territory or
foreign country | 16 | | upon which is displayed a registration plate, special decal or
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| 1 | | device issued by the other jurisdiction designating the vehicle | 2 | | is operated by
or for a person with disabilities shall be | 3 | | exempt from the payment of parking
meter fees and exempt from | 4 | | any statute or ordinance imposing time limitations
on parking, | 5 | | except limitations of one-half hour or less, on any street or
| 6 | | highway zone, a parking area subject to regulation under | 7 | | subsection (a) of Section 11-209 of this Code, or any parking | 8 | | lot or parking place which
are owned, leased or owned and | 9 | | leased by a municipality or a municipal
parking utility; and | 10 | | shall be recognized by state and local authorities
as a valid | 11 | | license plate or parking device and shall receive the same
| 12 | | parking privileges as residents of this State; but, such | 13 | | vehicle shall be
subject to the laws which prohibit parking in | 14 | | "no stopping" and "no
standing" zones in front of or near fire | 15 | | hydrants, driveways, public
building entrances and exits, bus | 16 | | stops and loading areas, and is
prohibited from parking where | 17 | | the motor vehicle constitutes a traffic
hazard, whereby such | 18 | | motor vehicle shall be moved at the instruction and
request of | 19 | | a law enforcement officer to a location designated by the
| 20 | | officer. Any motor vehicle bearing registration plates or a | 21 | | special decal
or device specified in this Section or in Section | 22 | | 3-616 of this Code or
such parking device as specifically | 23 | | authorized in Section 11-1301.2 as
evidence that the vehicle is | 24 | | operated by or for a person with disabilities or
disabled | 25 | | veteran may park, in addition to any
other lawful place, in any | 26 | | parking place specifically reserved for such
vehicles by the |
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| 1 | | posting of an official sign as provided under Section 11-301.
| 2 | | Parking privileges granted by this Section are strictly limited
| 3 | | to the person to whom the special registration plates, special | 4 | | decal or
device were issued and to qualified operators acting | 5 | | under his express
direction while the person with disabilities | 6 | | is present.
A person to whom privileges were granted shall, at | 7 | | the request of a
police officer or any other person invested by | 8 | | law with authority to direct,
control, or regulate traffic, | 9 | | present an identification card with a picture as
verification | 10 | | that the
person is the person to whom the special registration | 11 | | plates, special decal or
device was issued.
| 12 | | Such parking privileges granted by this Section are also | 13 | | extended to
motor vehicles of not-for-profit organizations | 14 | | used for the transportation of
persons with disabilities when | 15 | | such motor vehicles display the decal or device
issued pursuant | 16 | | to Section 11-1301.2 of this Code.
| 17 | | No person shall use any area for the parking of any motor | 18 | | vehicle
pursuant to Section 11-1303 of this Code or where an | 19 | | official sign
controlling such area expressly prohibits | 20 | | parking at any time or during
certain hours.
| 21 | | Except as provided under Section 11-1301.9 of this Code, no | 22 | | person shall be exempt from the payment of fees generated by | 23 | | parking in a metered space or in a publicly owned parking | 24 | | structure or area. | 25 | | (Source: P.A. 95-167, eff. 1-1-08; 96-79, eff. 1-1-10.)
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| 1 | | (625 ILCS 5/11-1301.3) (from Ch. 95 1/2, par. 11-1301.3)
| 2 | | Sec. 11-1301.3. Unauthorized use of parking places | 3 | | reserved for persons with
disabilities. | 4 | | (a) It shall be prohibited to park any motor vehicle which | 5 | | is not properly
displaying
registration plates or decals issued | 6 | | to a person with disabilities, as defined
by Section 1-159.1, | 7 | | pursuant to Sections 3-616, 11-1301.1 or 11-1301.2, or to
a | 8 | | disabled veteran pursuant to Section 3-609 of this Act, as | 9 | | evidence that the
vehicle is operated by or for a person with | 10 | | disabilities or disabled veteran,
in any parking place, | 11 | | including any private
or public offstreet parking facility, | 12 | | specifically reserved, by the
posting of an official sign as | 13 | | designated under Section 11-301, for
motor vehicles displaying | 14 | | such registration plates.
It shall be prohibited to park any | 15 | | motor vehicle in a designated access
aisle adjacent to any | 16 | | parking place specifically reserved for persons with
| 17 | | disabilities, by the posting of an official sign as designated | 18 | | under Section
11-301, for motor vehicles displaying such | 19 | | registration plates.
When using the parking privileges for | 20 | | persons with disabilities, the parking
decal or device must be | 21 | | displayed properly in the vehicle where it is clearly
visible | 22 | | to law enforcement personnel, either hanging from the rearview | 23 | | mirror
or placed on the dashboard of the vehicle in clear view.
| 24 | | Disability license plates and parking decals and devices are | 25 | | not transferable from person to person. Proper usage of the | 26 | | disability license plate or parking decal or device requires |
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| 1 | | the authorized holder to be present and enter or exit the | 2 | | vehicle at the time the parking privileges are being used. It | 3 | | is a violation of this Section to park in a space reserved for | 4 | | a person with disabilities if the authorized holder of the | 5 | | disability license plate or parking decal or device does not | 6 | | enter or exit the vehicle at the time the parking privileges | 7 | | are being used. Any motor vehicle properly displaying a | 8 | | disability license plate or a
parking decal or device | 9 | | containing the International symbol of access
issued to persons | 10 | | with disabilities by any local authority, state, district,
| 11 | | territory or foreign country shall be recognized by State and | 12 | | local
authorities as a valid license plate or device and | 13 | | receive the same parking
privileges as residents of this State.
| 14 | | (a-1) An individual with a vehicle displaying disability | 15 | | license plates or a parking decal or device issued to a | 16 | | qualified person with a disability under Sections 3-616, | 17 | | 11-1301.1, or 11-1301.2 or to a disabled veteran under Section | 18 | | 3-609 is in violation of this Section if (i) the person using | 19 | | the disability license plate or parking decal or device is not | 20 | | the authorized holder of the disability license plate or | 21 | | parking decal or device or is not transporting the authorized | 22 | | holder of the disability license plate or parking decal or | 23 | | device to or from the parking location and (ii) the person uses | 24 | | the disability license plate or parking decal or device to | 25 | | exercise any privileges granted through the disability license | 26 | | plate or parking decals or devices under this Code.
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| 1 | | (b) Any person or local authority owning or operating any | 2 | | public or private
offstreet parking facility may, after | 3 | | notifying the police or sheriff's
department, remove or cause | 4 | | to be removed to the nearest garage or other
place of safety | 5 | | any vehicle parked within a stall or space reserved for
use by | 6 | | a person with disabilities which does not
display person with | 7 | | disabilities registration
plates or a special decal or device | 8 | | as required under this Section.
| 9 | | (c) Any person found guilty of violating the provisions of | 10 | | subsection (a) shall be fined $300 $250 in addition to any | 11 | | costs or charges connected
with the removal or storage of any | 12 | | motor vehicle authorized under this
Section; but | 13 | | municipalities by ordinance may impose a fine up to $350
and | 14 | | shall display signs indicating the fine imposed. If the amount | 15 | | of
the fine is subsequently changed, the municipality shall | 16 | | change the sign to
indicate the current amount of the fine.
It | 17 | | shall not be a defense to a charge under this Section that | 18 | | either the sign posted
pursuant to this
Section or the intended | 19 | | accessible parking place does not comply with the technical | 20 | | requirements of Section 11-301,
Department
regulations, or | 21 | | local ordinance if a reasonable person would be made aware by
| 22 | | the
sign or notice on or near the parking place that the place | 23 | | is reserved for a
person
with
disabilities.
| 24 | | (c-1) Any person found guilty of violating the provisions | 25 | | of subsection (a-1) a first time shall be fined $600 $500 . Any | 26 | | person found guilty of violating subsection (a-1) a second time |
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| 1 | | shall be fined $750. Any person found guilty of violating | 2 | | subsection (a-1) a third or subsequent time shall be fined | 3 | | $1,000. The circuit clerk shall distribute 50% of the fine | 4 | | imposed on any person who is found guilty of or pleads guilty | 5 | | to violating this Section, including any person placed on court | 6 | | supervision for violating this Section, to the law enforcement | 7 | | agency that issued the citation or made the arrest. If more | 8 | | than one law enforcement agency is responsible for issuing the | 9 | | citation or making the arrest, the 50% of the fine imposed | 10 | | shall be shared equally.
If an officer of the Secretary of | 11 | | State Department of Police arrested a person for a violation of | 12 | | this Section, 50% of the fine imposed shall be deposited into | 13 | | the Secretary of State Police Services Fund. | 14 | | (d) Local authorities shall impose fines as established in | 15 | | subsections
(c) and (c-1) for violations of this Section.
| 16 | | (e) As used in this Section, "authorized holder" means an | 17 | | individual
issued a disability
license plate under Section | 18 | | 3-616 of this
Code, an individual issued a parking decal or | 19 | | device
under Section 11-1301.2 of this Code, or an individual | 20 | | issued a disabled veteran's license plate under Section 3-609 | 21 | | of this Code. | 22 | | (f) Any person who commits a violation of subsection (a-1) | 23 | | may have his or her driving privileges suspended or revoked by | 24 | | the Secretary of State for a period of time determined by the | 25 | | Secretary of State. The Secretary of State may also suspend or | 26 | | revoke the disability license plates or parking decal or device |
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| 1 | | for a period of time determined by the Secretary of State.
| 2 | | (g) Any police officer may seize the parking decal
or | 3 | | device from any person who commits a violation of this Section. | 4 | | Any police officer may seize the disability license plate upon | 5 | | authorization from the Secretary of State. Any police officer | 6 | | may request that the Secretary of State revoke the parking | 7 | | decal or device or the disability license plate of any person | 8 | | who commits a violation of this Section. | 9 | | (Source: P.A. 95-167, eff. 1-1-08; 95-430, eff. 6-1-08; 95-876, | 10 | | eff. 8-21-08; 96-72, eff. 1-1-10; 96-79, eff. 1-1-10; 96-962, | 11 | | eff. 7-2-10; 96-1000, eff. 7-2-10.)
| 12 | | (625 ILCS 5/11-1301.5)
| 13 | | Sec. 11-1301.5. Fictitious or unlawfully altered | 14 | | disability
license plate or parking decal or device. | 15 | | (a) As used in this Section:
| 16 | | "Fictitious disability license plate or parking decal or
| 17 | | device" means any issued disability license plate or parking
| 18 | | decal
or device, or any license plate issued to a disabled | 19 | | veteran under Section 3-609 of this Code , or a free parking | 20 | | sticker issued under Section 11-1301.9 of this Code , that has | 21 | | been issued by the Secretary of State or an authorized unit
of | 22 | | local government that was issued based upon false information | 23 | | contained on
the required application.
| 24 | | "False information" means any incorrect or inaccurate | 25 | | information
concerning
the name, date of birth, social security |
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| 1 | | number, driver's license number,
physician certification, or | 2 | | any other information required on the Persons with Disabilities | 3 | | Certification for Plate or Parking Placard, on the Application | 4 | | for Replacement Disability Parking Placard, or on the
| 5 | | application
for license plates issued to disabled veterans | 6 | | under Section 3-609 of this Code , or on the application for a | 7 | | free parking sticker under Section 11-1301.9 of this Code , that
| 8 | | falsifies the content of the application.
| 9 | | "Unlawfully altered disability
license plate or parking
| 10 | | permit or device" means any disability license plate or parking
| 11 | | permit or device, or any license plate issued to a disabled | 12 | | veteran under Section 3-609 of this Code, or a free parking | 13 | | sticker issued under Section 11-1301.9 of this Code issued by | 14 | | the Secretary of State or an authorized unit of
local | 15 | | government that has been physically altered or changed in such | 16 | | manner
that false information appears on the license plate or | 17 | | parking decal or device.
| 18 | | "Authorized holder" means an individual issued a | 19 | | disability
license plate under Section 3-616 of this Code or an | 20 | | individual issued a parking decal or device under Section | 21 | | 11-1301.2 of this Code, or an individual issued a disabled | 22 | | veteran's license plate under Section 3-609 of this Code , or an | 23 | | individual issued a free parking sticker under Section | 24 | | 11-1301.9 of this Code .
| 25 | | (b) It is a violation of this Section for any person:
| 26 | | (1) to knowingly possess any fictitious or unlawfully |
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| 1 | | altered disability license plate or parking decal or | 2 | | device;
| 3 | | (2) to knowingly issue or assist in the issuance of, by | 4 | | the Secretary of
State or unit of local government, any | 5 | | fictitious disability
license plate or parking decal or | 6 | | device;
| 7 | | (3) to knowingly alter any disability license plate or
| 8 | | parking decal or device;
| 9 | | (4) to knowingly manufacture, possess, transfer, or | 10 | | provide any
documentation used in the application process | 11 | | whether real or fictitious, for
the purpose of obtaining a | 12 | | fictitious disability license plate or
parking decal or | 13 | | device;
| 14 | | (5) to knowingly provide any false information to the | 15 | | Secretary of State
or a unit of local government in order | 16 | | to obtain a disability
license plate or parking decal or | 17 | | device; or
| 18 | | (6) to knowingly transfer a disability license plate or
| 19 | | parking decal or device for the purpose of exercising the | 20 | | privileges granted
to an authorized holder of a disability
| 21 | | license plate or parking
decal or device under this Code in | 22 | | the absence of the authorized holder ; or .
| 23 | | (7) for a physician to knowingly falsify a | 24 | | certification that a person is a person with disabilities | 25 | | as defined by Section 1-159.1 of this Code. | 26 | | (c) Sentence.
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| 1 | | (1) Any person convicted of a violation of paragraph | 2 | | (1), (2), (3), (4), or (5) of subsection (b) of this | 3 | | Section shall be guilty of
a Class A misdemeanor and fined | 4 | | not less than $1,000 $500 for a first offense and shall be | 5 | | guilty of a Class 4 felony and fined not less than $2,000 | 6 | | $1,000 for a second or subsequent offense. Any person | 7 | | convicted of a violation of subdivision (b)(6) of this | 8 | | Section is guilty of a Class A misdemeanor and shall be | 9 | | fined not less than $1,000 $500 for a first offense and not | 10 | | less than $2,000 $1,000 for a second or subsequent offense. | 11 | | A person convicted of a violation of paragraph (7) of | 12 | | subsection (b) of this Section shall be guilty of a Class A | 13 | | misdemeanor and fined not less than $2,000 for a first | 14 | | offense and shall be guilty of a Class 4 felony and fined | 15 | | not less than $4,000 for a second or subsequent offense. | 16 | | The circuit clerk shall distribute one-half of any fine | 17 | | imposed on any person who is found guilty of or pleads | 18 | | guilty to violating this Section, including any person | 19 | | placed on court supervision for violating this Section, to | 20 | | the law enforcement agency that issued the citation or made | 21 | | the arrest. If more than one law enforcement agency is | 22 | | responsible for issuing the citation or making the arrest, | 23 | | one-half of the fine imposed shall be shared equally.
| 24 | | (2) Any person who commits a violation of this Section | 25 | | may have his
or her driving privileges suspended or revoked | 26 | | by the Secretary of State for a
period of time determined |
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| 1 | | by the Secretary of State. The Secretary of State may | 2 | | suspend or revoke the parking decal or device or the | 3 | | disability license plate of any person who commits a | 4 | | violation of this Section.
| 5 | | (3) Any police officer may seize the parking decal or | 6 | | device from any
person who commits a violation of this | 7 | | Section. Any police officer may seize
the disability | 8 | | license plate upon authorization from the
Secretary of | 9 | | State. Any police officer may request that the Secretary of | 10 | | State
revoke the parking decal or device or the disability | 11 | | license
plate of any person who commits a violation of this | 12 | | Section.
| 13 | | (Source: P.A. 95-167, eff. 1-1-08; 96-79, eff. 1-1-10.)
| 14 | | (625 ILCS 5/11-1301.9 new) | 15 | | Sec. 11-1301.9. Free parking for certain persons with | 16 | | disabilities. | 17 | | (a) To be entitled to free parking in a metered space, a | 18 | | parking area subject to regulation under subsection (a) of | 19 | | Section 11-209 of this Code, or in a publicly owned parking | 20 | | structure or area, a vehicle must properly display a free | 21 | | parking sticker issued under this Section. The Secretary of | 22 | | State shall issue a free parking sticker to any person who | 23 | | meets the eligibility criteria contained in this Section. | 24 | | (b) The Secretary shall issue a free parking sticker to any | 25 | | person with
disabilities, as defined by Section 1-159.1, who |
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| 1 | | has been issued registration plates under Section 3-616 or | 2 | | 3-609 of this Code or a special decal or device under Section | 3 | | 3-616 or 11-1301.2 of this Code, who is unable to do one or | 4 | | more of the following: | 5 | | (1) manage, manipulate, or insert coins, or obtain | 6 | | tickets or tokens in parking meters or ticket machines in | 7 | | parking lots or parking structures, due to the lack of fine | 8 | | motor control of both hands; | 9 | | (2) reach above his or her head to a height of 42 | 10 | | inches from the ground, due to a lack of finger, hand, or | 11 | | upper extremity strength or mobility; | 12 | | (3) approach a parking meter due to his or her use of a | 13 | | wheelchair or other device; and | 14 | | (4) walk more than 20 feet due to an orthopedic, | 15 | | neurological, cardiovascular, or lung condition in which | 16 | | the degree of debilitation is so severe that it almost | 17 | | completely impedes the ability to walk. | 18 | | (c) An application for a free parking sticker based upon | 19 | | the physical conditions listed in subsection (b) shall contain | 20 | | a statement, certified by
a
licensed physician, attesting to | 21 | | the nature and estimated duration of the applicant's disabling | 22 | | condition and verifying that the applicant qualifies for a free | 23 | | parking sticker. | 24 | | (d) The Secretary may issue to a person with a temporary | 25 | | disability a temporary windshield placard that is valid for a | 26 | | period of not more than 6 months. The Secretary may issue to a |
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| 1 | | person with a permanent disability an original or renewal | 2 | | permanent windshield placard that is valid for 4 years. ".
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