Illinois General Assembly - Full Text of SB2285
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Full Text of SB2285  100th General Assembly

SB2285sam001 100TH GENERAL ASSEMBLY

Sen. Omar Aquino

Filed: 4/6/2018

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 2285

2    AMENDMENT NO. ______. Amend Senate Bill 2285 on page 1, by
3replacing line 5 with the following:
4"Sections 1301.2, 1301.4, and 1301.5 as follows:
 
5    (625 ILCS 5/11-1301.2)  (from Ch. 95 1/2, par. 11-1301.2)
6    Sec. 11-1301.2. Special decals for parking; persons with
7disabilities.
8    (a) The Secretary of State shall provide for, by
9administrative rules, the design, size, color, and placement of
10a person with disabilities motorist decal or device and shall
11provide for, by administrative rules, the content and form of
12an application for a person with disabilities motorist decal or
13device, which shall be used by local authorities in the
14issuance thereof to a person with temporary disabilities,
15provided that the decal or device is valid for no more than 90
16days, subject to renewal for like periods based upon continued
17disability, and further provided that the decal or device

 

 

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1clearly sets forth the date that the decal or device expires.
2The application shall include the requirement of an Illinois
3Identification Card number or a State of Illinois driver's
4license number or, if the applicant does not have an
5identification card or driver's license number, then the
6applicant may use a valid identification number issued by a
7branch of the U.S. military or a federally issued Medicare or
8Medicaid identification number. This decal or device may be
9used by the authorized holder to designate and identify a
10vehicle not owned or displaying a registration plate as
11provided in Sections 3-609 and 3-616 of this Act to designate
12when the vehicle is being used to transport said person or
13persons with disabilities, and thus is entitled to enjoy all
14the privileges that would be afforded a person with
15disabilities licensed vehicle. Person with disabilities decals
16or devices issued and displayed pursuant to this Section shall
17be recognized and honored by all local authorities regardless
18of which local authority issued such decal or device.
19    The decal or device shall be issued only upon a showing by
20adequate documentation that the person for whose benefit the
21decal or device is to be used has a disability as defined in
22Section 1-159.1 of this Code and the disability is temporary.
23    (b) The local governing authorities shall be responsible
24for the provision of such decal or device, its issuance and
25designated placement within the vehicle. The cost of such decal
26or device shall be at the discretion of such local governing

 

 

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1authority.
2    (c) The Secretary of State may, pursuant to Section
33-616(c), issue a person with disabilities parking decal or
4device to a person with disabilities as defined by Section
51-159.1. Any person with disabilities parking decal or device
6issued by the Secretary of State shall be registered to that
7person with disabilities in the form to be prescribed by the
8Secretary of State. The person with disabilities parking decal
9or device shall not display that person's address. One
10additional decal or device may be issued to an applicant upon
11his or her written request and with the approval of the
12Secretary of State. The written request must include a
13justification of the need for the additional decal or device.
14    (c-5) Beginning January 1, 2014, the Secretary shall
15provide by administrative rule for the issuance of a separate
16and distinct parking decal or device for persons with
17disabilities as defined by Section 1-159.1 of this Code and who
18meet the qualifications under this subsection. The authorized
19holder of a decal or device issued under this subsection (c-5)
20shall be exempt from the payment of fees generated by parking
21in a metered space, a parking area subject to paragraph (10) of
22subsection (a) of Section 11-209 of this Code, or a publicly
23owned parking area.
24    The Secretary shall issue a meter-exempt decal or device to
25a person with disabilities who: (i) has been issued
26registration plates under subsection (a) of Section 3-609 or

 

 

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1Section 3-616 of this Code or a special decal or device under
2this Section, (ii) holds a valid Illinois driver's license, and
3(iii) is unable to do one or more of the following:
4        (1) manage, manipulate, or insert coins, or obtain
5    tickets or tokens in parking meters or ticket machines in
6    parking lots, due to the lack of fine motor control of both
7    hands;
8        (2) reach above his or her head to a height of 42
9    inches from the ground, due to a lack of finger, hand, or
10    upper extremity strength or mobility;
11        (3) approach a parking meter due to his or her use of a
12    wheelchair or other device for mobility; or
13        (4) walk more than 20 feet due to an orthopedic,
14    neurological, cardiovascular, or lung condition in which
15    the degree of debilitation is so severe that it almost
16    completely impedes the ability to walk.
17    The application for a meter-exempt parking decal or device
18shall contain a statement certified by a licensed physician,
19physician assistant, or advanced practice registered nurse
20attesting to the permanent nature of the applicant's condition
21and verifying that the applicant meets the physical
22qualifications specified in this subsection (c-5).
23    Notwithstanding the requirements of this subsection (c-5),
24the Secretary shall issue a meter-exempt decal or device to a
25person who has been issued registration plates under Section
263-616 of this Code or a special decal or device under this

 

 

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1Section, if the applicant is the parent or guardian of a person
2with disabilities who is under 18 years of age and incapable of
3driving.
4    (d) Replacement decals or devices may be issued for lost,
5stolen, or destroyed decals upon application and payment of a
6$10 fee. The replacement fee may be waived for individuals that
7have claimed and received a grant under the Senior Citizens and
8Persons with Disabilities Property Tax Relief Act.
9    (e) A person classified as a veteran under subsection (e)
10of Section 6-106 of this Code that has been issued a decal or
11device under this Section shall not be required to submit
12evidence of disability in order to renew that decal or device
13if, at the time of initial application, he or she submitted
14evidence from his or her physician or the Department of
15Veterans' Affairs that the disability is of a permanent nature.
16However, the Secretary shall take reasonable steps to ensure
17the veteran still resides in this State at the time of the
18renewal. These steps may include requiring the veteran to
19provide additional documentation or to appear at a Secretary of
20State facility. To identify veterans who are eligible for this
21exemption, the Secretary shall compare the list of the persons
22who have been issued a decal or device to the list of persons
23who have been issued a vehicle registration plate for veterans
24with disabilities under Section 3-609 of this Code, or who are
25identified as a veteran on their driver's license under Section
266-110 of this Code or on their identification card under

 

 

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1Section 4 of the Illinois Identification Card Act.
2(Source: P.A. 99-143, eff. 7-27-15; 100-513, eff. 1-1-18.)";
3and
 
4on page 2, immediately below line 16, by inserting the
5following:
 
6    "(625 ILCS 5/11-1301.5)
7    Sec. 11-1301.5. Fictitious or unlawfully altered
8disability license plate or parking decal or device.
9    (a) As used in this Section:
10    "Fictitious disability license plate or parking decal or
11device" means any issued disability license plate or parking
12decal or device, or any license plate issued to a veteran with
13a disability under Section 3-609 of this Code, that has been
14issued by the Secretary of State or an authorized unit of local
15government that was issued based upon false information
16contained on the required application.
17    "False information" means any incorrect or inaccurate
18information concerning the name, date of birth, social security
19number, driver's license number, military identification
20number, Medicaid or Medicare identification number, physician
21certification, or any other information required on the Persons
22with Disabilities Certification for Plate or Parking Placard,
23on the Application for Replacement Disability Parking Placard,
24or on the application for license plates issued to veterans

 

 

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1with disabilities under Section 3-609 of this Code, that
2falsifies the content of the application.
3    "Unlawfully altered disability license plate or parking
4permit or device" means any disability license plate or parking
5permit or device, or any license plate issued to a veteran with
6a disability under Section 3-609 of this Code, issued by the
7Secretary of State or an authorized unit of local government
8that has been physically altered or changed in such manner that
9false information appears on the license plate or parking decal
10or device.
11    "Authorized holder" means an individual issued a
12disability license plate under Section 3-616 of this Code or an
13individual issued a parking decal or device under Section
1411-1301.2 of this Code, or an individual issued a license plate
15for veterans with disabilities under Section 3-609 of this
16Code.
17    (b) It is a violation of this Section for any person:
18        (1) to knowingly possess any fictitious or unlawfully
19    altered disability license plate or parking decal or
20    device;
21        (2) to knowingly issue or assist in the issuance of, by
22    the Secretary of State or unit of local government, any
23    fictitious disability license plate or parking decal or
24    device;
25        (3) to knowingly alter any disability license plate or
26    parking decal or device;

 

 

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1        (4) to knowingly manufacture, possess, transfer, or
2    provide any documentation used in the application process
3    whether real or fictitious, for the purpose of obtaining a
4    fictitious disability license plate or parking decal or
5    device;
6        (5) to knowingly provide any false information to the
7    Secretary of State or a unit of local government in order
8    to obtain a disability license plate or parking decal or
9    device;
10        (6) to knowingly transfer a disability license plate or
11    parking decal or device for the purpose of exercising the
12    privileges granted to an authorized holder of a disability
13    license plate or parking decal or device under this Code in
14    the absence of the authorized holder; or
15        (7) who is a physician, physician assistant, or
16    advanced practice registered nurse to knowingly falsify a
17    certification that a person is a person with disabilities
18    as defined by Section 1-159.1 of this Code.
19    (c) Sentence.
20        (1) Any person convicted of a violation of paragraph
21    (1), (2), (3), (4), (5), or (7) of subsection (b) of this
22    Section shall be guilty of a Class A misdemeanor and fined
23    not less than $1,000 for a first offense and shall be
24    guilty of a Class 4 felony and fined not less than $2,000
25    for a second or subsequent offense. Any person convicted of
26    a violation of subdivision (b)(6) of this Section is guilty

 

 

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1    of a Class A misdemeanor and shall be fined not less than
2    $1,000 for a first offense and not less than $2,000 for a
3    second or subsequent offense. The circuit clerk shall
4    distribute one-half of any fine imposed on any person who
5    is found guilty of or pleads guilty to violating this
6    Section, including any person placed on court supervision
7    for violating this Section, to the law enforcement agency
8    that issued the citation or made the arrest. If more than
9    one law enforcement agency is responsible for issuing the
10    citation or making the arrest, one-half of the fine imposed
11    shall be shared equally.
12        (2) Any person who commits a violation of this Section
13    or a similar provision of a local ordinance may have his or
14    her driving privileges suspended or revoked by the
15    Secretary of State for a period of time determined by the
16    Secretary of State. The Secretary of State may suspend or
17    revoke the parking decal or device or the disability
18    license plate of any person who commits a violation of this
19    Section.
20        (3) Any police officer may seize the parking decal or
21    device from any person who commits a violation of this
22    Section. Any police officer may seize the disability
23    license plate upon authorization from the Secretary of
24    State. Any police officer may request that the Secretary of
25    State revoke the parking decal or device or the disability
26    license plate of any person who commits a violation of this

 

 

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1    Section.
2(Source: P.A. 99-143, eff. 7-27-15; 100-513, eff. 1-1-18.)".