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093_HB3467eng
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1 AN ACT in relation to vehicles.
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
5 changing Section 11-301 and adding Sections 11-1301.10 and
6 11-1301.11 as follows:
7 (625 ILCS 5/11-301) (from Ch. 95 1/2, par. 11-301)
8 Sec. 11-301. Department to adopt sign manual.
9 (a) The Department shall adopt a State manual and
10 specifications for a uniform system of traffic-control
11 devices consistent with this Chapter for use upon highways
12 within this State. Such manual shall include the adoption of
13 the R 7-8 sign adopted by the United States Department of
14 Transportation to designate the reservation of parking
15 facilities for a person with disabilities and the sign
16 adopted by the Secretary of State to designate the
17 reservation of parking facilities for an expectant mother.
18 Non-conforming signs in use prior to January 1, 1985 shall
19 not constitute a violation during their useful lives, which
20 shall not be extended by other means than normal maintenance.
21 The manual shall also specify insofar as practicable the
22 minimum warrants justifying the use of the various traffic
23 control devices. Such uniform system shall correlate with
24 and, where not inconsistent with Illinois highway conditions,
25 conform to the system set forth in the most recent edition of
26 the national manual on Uniform Traffic Control Devices for
27 Streets and Highways.
28 (b) Signs adopted by the Department to designate the
29 reservation of parking facilities for a person with
30 disabilities or an expectant mother shall also exhibit, in a
31 manner determined by the Department, the words "$100 Fine".
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1 (c) If the amount of a fine is changed, the Department
2 shall change the design of the signs to indicate the current
3 amount of the fine.
4 (Source: P.A. 88-685, eff. 1-24-95; 89-533, eff. 1-1-97.)
5 (625 ILCS 5/11-1301.10 new)
6 Sec. 11-1301.10. Special device for expectant mother
7 parking.
8 (a) The Secretary of State shall provide for, by
9 administrative rules, the design, size, color, and placement
10 of an expectant mother motorist device and shall provide for,
11 by administrative rules, the content and form of an
12 application for an expectant mother motorist device, which
13 must be used by local authorities in the issuance of the
14 device to an expectant mother, provided that the device is
15 valid for no more than 90 days, subject to renewal for like
16 periods based upon continued pregnancy, and further provided
17 that the device clearly sets forth the date that the device
18 expires. The application must include the requirement of an
19 Illinois Identification Card number or a State of Illinois
20 driver's license number. This device is the property of the
21 expectant mother and may be used by her to designate and
22 identify a vehicle not owned by her to designate when the
23 vehicle is being used to transport the expectant mother.
24 Expectant mother devices issued and displayed under this
25 Section must be recognized and honored by all local
26 authorities, regardless of which local authority issued the
27 device.
28 The device may be issued only upon a showing by adequate
29 documentation that the person for whose benefit the device is
30 to be used is an expectant mother whose mobility has been
31 limited by her condition.
32 (b) The local governing authorities are responsible for
33 the provision of the device, its issuance, and its designated
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1 placement within the vehicle. The cost of the device is at
2 the discretion of the local governing authority.
3 (c) The Secretary of State may issue an expectant mother
4 parking device to an expectant mother whose mobility has been
5 limited by her condition. Any expectant mother parking device
6 issued by the Secretary of State must be registered to the
7 expectant mother in the form to be prescribed by the
8 Secretary of State. The expectant mother parking device may
9 not display the person's address. One additional device may
10 be issued to an applicant upon her written request and with
11 the approval of the Secretary of State. The written request
12 must include a justification of the need for the additional
13 device.
14 (d) Replacement devices may be issued for lost, stolen,
15 or destroyed devices, upon application and payment of a $10
16 fee.
17 (e) This Section does not require any parking lot to
18 provide parking spaces reserved for expectant mothers.
19 (625 ILCS 5/11-1301.11 new)
20 Sec. 11-1301.11. Unauthorized use of parking places
21 reserved for expectant mothers.
22 (a) A person may not park any motor vehicle not properly
23 displaying an expectant mother parking device, in any parking
24 place, including any private or public offstreet parking
25 facility, specifically reserved, by the posting of an
26 official sign as designated under Section 11-301, for motor
27 vehicles displaying the parking device. When using the
28 parking privileges for an expectant mother, the parking
29 device must be displayed properly in the vehicle where it is
30 clearly visible to law enforcement personnel, either hanging
31 from the rearview mirror or placed on the dashboard of the
32 vehicle in clear view. An individual with a vehicle properly
33 displaying an expectant mother parking device issued to an
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1 expectant mother under Section 11-1301.10 is in violation of
2 this Section if the person is not the authorized holder of an
3 expectant mother parking device and is not transporting the
4 authorized holder of an expectant mother parking device to or
5 from the parking location and the person uses the expectant
6 mother parking device to exercise any privileges granted
7 through expectant mother parking devices under this Code. Any
8 motor vehicle properly displaying an expectant mother parking
9 device issued to expectant mothers by any local authority,
10 state, district, territory, or foreign country shall be
11 recognized by State and local authorities as a device and
12 receive the same parking privileges as residents of this
13 State.
14 (b) Any person or local authority owning or operating
15 any 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
19 by an expectant mother which does not display an expectant
20 mother parking device as required under this Section.
21 (c) Any person found guilty of violating this Section
22 shall be fined $100 in addition to any costs or charges
23 connected with the removal or storage of any motor vehicle
24 authorized under this Section; but municipalities by
25 ordinance may impose a fine up to $200 and shall display
26 signs indicating the fine imposed. If the amount of the fine
27 is subsequently changed, the municipality shall change the
28 sign to indicate the current amount of the fine. It shall not
29 be a defense to a charge under this Section that the sign
30 posted pursuant to this Section does not comply with the
31 technical requirements of Section 11-301, Department
32 regulations, or local ordinance if a reasonable person would
33 be made aware by the sign or notice on or near the parking
34 place that the place is reserved for an expectant mother.
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1 (d) Local authorities shall impose fines as established
2 in subsection (c) for violations of this Section.
3 (e) As used in this Section, "authorized holder" means
4 an individual issued an expectant mother parking device under
5 Section 11-1301.10 of this Code.
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