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90_HB0149eng
625 ILCS 5/11-1301.2 from Ch. 95 1/2, par. 11-1301.2
Amends the Illinois Vehicle Code to provide that a person
who fraudulently possesses or misuses a person with
disabilities motorist decal or device is guilty of a Class C
misdemeanor. Effective immediately.
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1 AN ACT to amend the Illinois Vehicle Code by changing
2 Section 11-1301.2.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Illinois Vehicle Code is amended by
6 changing Section 11-1301.2 as follows:
7 (625 ILCS 5/11-1301.2) (from Ch. 95 1/2, par. 11-1301.2)
8 Sec. 11-1301.2. Special decals for a person with
9 disabilities parking.
10 (a) The Secretary of State shall provide for, by
11 administrative rules, the design, size, color, and placement
12 of a person with disabilities motorist decal or device which
13 shall be used by local authorities in the issuance thereof to
14 a person with disabilities or not-for-profit organization
15 which transports persons with disabilities. This decal or
16 device shall be the property of such person with disabilities
17 or organization and may be used by that person or
18 organization to designate and identify a vehicle not owned or
19 displaying a registration plate as provided in Sections 3-609
20 and 3-616 of this Act to designate when the vehicle is being
21 used to transport said person or persons with disabilities,
22 and thus is entitled to enjoy all the privileges that would
23 be afforded a person with disabilities licensed vehicle.
24 Person with disabilities decals or devices issued and
25 displayed pursuant to this Section shall be recognized and
26 honored by all local authorities regardless of which local
27 authority issued such decal or device.
28 The decal or device shall be issued only upon a showing
29 by adequate documentation that the person for whose benefit
30 the decal or device is to be used has a Class 1A or 2A
31 disability under the provisions of Section 4A of The Illinois
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1 Identification Card Act. For purposes of this Section, an
2 Illinois Disabled Person Identification Card issued pursuant
3 to The Illinois Identification Card Act indicating that the
4 person thereon named has a Class 1A or 2A disability shall be
5 adequate documentation of such a disability. Nothing in this
6 Section shall be read to prohibit local authorities from
7 issuing such decal or device to persons with temporary
8 disabilities, provided that such decal or device is valid for
9 no more than 90 days, subject to renewal for like periods
10 based upon continued disability, and further provided that
11 such decal or device clearly sets forth the date that the
12 decal or device expires.
13 (b) The local governing authorities shall be responsible
14 for the provision of such decal or device, its issuance and
15 designated placement within the vehicle. The cost of such
16 decal or device shall be at the discretion of such local
17 governing authority.
18 (c) The Secretary of State may, pursuant to Section
19 3-616(c), issue a person with disabilities parking decal or
20 device to a person with disabilities as defined by Section
21 1-159.1. Any person with disabilities parking decal or
22 device issued by the Secretary of State shall be registered
23 to that person with disabilities in the form to be prescribed
24 by the Secretary of State. The person with disabilities
25 parking decal or device shall not display that person's
26 address. One additional decal or device may be issued to an
27 applicant upon his or her request and with the approval of
28 the Secretary of State.
29 (d) Any person who fraudulently possesses or misuses a
30 person with disabilities motorist decal or device is guilty
31 of a Class C misdemeanor.
32 (Source: P.A. 88-685, eff. 1-24-95.)
33 Section 99. Effective date. This Act takes effect upon
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1 becoming law.