Full Text of HB0495 095th General Assembly
HB0495eng 95TH GENERAL ASSEMBLY
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HB0495 Engrossed |
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| AN ACT concerning local government.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Illinois Municipal Code is amended by | 5 |
| changing Section 1-2.2-45 as follows:
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| (65 ILCS 5/1-2.2-45)
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| Sec. 1-2.2-45. Findings, decision, and order. At the | 8 |
| conclusion of the
hearing,
the
hearing officer
shall make a | 9 |
| determination on the basis of the evidence presented at the
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| hearing as to whether or not a code
violation exists. The | 11 |
| determination shall be in writing and shall be
designated as | 12 |
| findings, decision, and
order. The findings, decision, and | 13 |
| order shall include (i) the hearing
officer's
findings of fact; | 14 |
| (ii) a decision
of whether or not a code violation exists based | 15 |
| upon the findings of fact; and
(iii) an
order that states the | 16 |
| sanction
or dismisses the case if a violation is not proved.
A | 17 |
| monetary sanction for a
violation under this Division shall not | 18 |
| exceed the amount provided for in
Section 1-2-1
of this Act. In | 19 |
| the event of a determination involving a violation of Section | 20 |
| 11-1301.3 of the Illinois Vehicle Code, the hearing officer may | 21 |
| not impose a monetary sanction that is less than the amount set | 22 |
| forth in subsections (c) and (c-1) of that Section. A copy of
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| the findings, decision, and order shall be served on the |
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| defendant within 5
days after it is issued.
Service shall be in | 2 |
| the same manner that the report form and summons are served
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| under Section 1-2.2-20 of this Division. Payment of any penalty | 4 |
| or fine and
the
disposition of fine money shall
be in the same | 5 |
| manner as
set forth in the code, unless the corporate | 6 |
| authorities adopting this Division
provide otherwise.
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| (Source: P.A. 90-777, eff. 1-1-99.)
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| Section 10. The Illinois Vehicle Code is amended by | 9 |
| changing Section 11-1301.3 as follows:
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| (625 ILCS 5/11-1301.3) (from Ch. 95 1/2, par. 11-1301.3)
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| Sec. 11-1301.3. Unauthorized use of parking places | 12 |
| reserved for persons with
disabilities. | 13 |
| (a) It shall be prohibited to park any motor vehicle which | 14 |
| is not properly
displaying
registration plates or decals issued | 15 |
| to a person with disabilities, as defined
by Section 1-159.1, | 16 |
| pursuant to Sections 3-616, 11-1301.1 or 11-1301.2, or to
a | 17 |
| disabled veteran pursuant to Section 3-609 of this Act, as | 18 |
| evidence that the
vehicle is operated by or for a person with | 19 |
| disabilities or disabled veteran,
in any parking place, | 20 |
| including any private
or public offstreet parking facility, | 21 |
| specifically reserved, by the
posting of an official sign as | 22 |
| designated under Section 11-301, for
motor vehicles displaying | 23 |
| such registration plates.
It shall be prohibited to park any | 24 |
| motor vehicle in a designated access
aisle adjacent to any |
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| parking place specifically reserved for persons with
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| disabilities, by the posting of an official sign as designated | 3 |
| under Section
11-301, for motor vehicles displaying such | 4 |
| registration plates.
When using the parking privileges for | 5 |
| persons with disabilities, the parking
decal or device must be | 6 |
| displayed properly in the vehicle where it is clearly
visible | 7 |
| to law enforcement personnel, either hanging from the rearview | 8 |
| mirror
or placed on the dashboard of the vehicle in clear view.
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| Any motor vehicle properly displaying a disability license | 10 |
| plate or a
parking decal or device containing the International | 11 |
| symbol of access
issued to persons with disabilities by any | 12 |
| local authority, state, district,
territory or foreign country | 13 |
| shall be recognized by State and local
authorities as a valid | 14 |
| license plate or device and receive the same parking
privileges | 15 |
| as residents of this State.
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| (a-1) An individual with a vehicle displaying disability | 17 |
| license plates or a parking decal or device issued to a | 18 |
| qualified person with a disability under Sections 3-616, | 19 |
| 11-1301.1, or 11-1301.2 or to a disabled veteran under Section | 20 |
| 3-609 is in violation of this Section if (i) the person using | 21 |
| the disability license plate or parking decal or device is not | 22 |
| the authorized holder of the disability license plate or | 23 |
| parking decal or device or is not transporting the authorized | 24 |
| holder of the disability license plate or parking decal or | 25 |
| device to or from the parking location and (ii) the person uses | 26 |
| the disability license plate or parking decal or device to |
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| exercise any privileges granted through the disability license | 2 |
| plate or parking decals or devices under this Code.
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| (b) Any person or local authority owning or operating any | 4 |
| public or private
offstreet parking facility may, after | 5 |
| notifying the police or sheriff's
department, remove or cause | 6 |
| to be removed to the nearest garage or other
place of safety | 7 |
| any vehicle parked within a stall or space reserved for
use by | 8 |
| a person with disabilities which does not
display person with | 9 |
| disabilities registration
plates or a special decal or device | 10 |
| as required under this Section.
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| (c) Any person found guilty of violating the provisions of | 12 |
| subsection (a) shall be fined $250 in addition to any costs or | 13 |
| charges connected
with the removal or storage of any motor | 14 |
| vehicle authorized under this
Section; but municipalities by | 15 |
| ordinance may impose a fine up to $350
and shall display signs | 16 |
| indicating the fine imposed. If the amount of
the fine is | 17 |
| subsequently changed, the municipality shall change the sign to
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| indicate the current amount of the fine.
It shall not be a | 19 |
| defense to a charge under this Section that either the sign | 20 |
| posted
pursuant to this
Section or the intended accessible | 21 |
| parking place does not comply with the technical requirements | 22 |
| of Section 11-301,
Department
regulations, or local ordinance | 23 |
| if a reasonable person would be made aware by
the
sign or | 24 |
| notice on or near the parking place that the place is reserved | 25 |
| for a
person
with
disabilities.
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| (c-1) Any person found guilty of violating the provisions |
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| of subsection (a-1) shall be fined $500. The circuit clerk | 2 |
| shall distribute $250 of the $500 fine imposed on any person | 3 |
| who is found guilty of or pleads guilty to violating this | 4 |
| Section, including any person placed on court supervision for | 5 |
| violating this Section, to the law enforcement agency that | 6 |
| issued the citation or made the arrest. If more than one law | 7 |
| enforcement agency is responsible for issuing the citation or | 8 |
| making the arrest, the $250 shall be shared equally.
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| (d) Local authorities shall impose fines as established in | 10 |
| subsections
(c) and (c-1) for violations of this Section. A | 11 |
| municipal code hearing officer may not impose a monetary | 12 |
| sanction that is less than the amount set forth in subsections | 13 |
| (c) and (c-1) of this Section.
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| (e) As used in this Section, "authorized holder" means an | 15 |
| individual
issued a disability
license plate under Section | 16 |
| 3-616 of this
Code, an individual issued a parking decal or | 17 |
| device
under Section 11-1301.2 of this Code, or an individual | 18 |
| issued a disabled veteran's license plate under Section 3-609 | 19 |
| of this Code. | 20 |
| (f) Any person who commits a violation of subsection (a-1) | 21 |
| may have his or her driving privileges suspended or revoked by | 22 |
| the Secretary of State for a period of time determined by the | 23 |
| Secretary of State. The Secretary of State may also suspend or | 24 |
| revoke the disability license plates or parking decal or device | 25 |
| for a period of time determined by the Secretary of State.
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| (Source: P.A. 94-619, eff. 1-1-06; 94-930, eff. 6-26-06.)
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| Section 99. Effective date. This Act takes effect upon | 2 |
| becoming law.
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