State of Illinois
91st General Assembly
Legislation

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91_HB1102

 
                                               LRB9102510KScs

 1        AN ACT to amend the Illinois  Vehicle  Code  by  changing
 2    Section 11-1301.3.

 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 11-1301.3 as follows:

 7        (625 ILCS 5/11-1301.3) (from Ch. 95 1/2, par. 11-1301.3)
 8        Sec.  11-1301.3.   Unauthorized  use  of  parking  places
 9    reserved for persons with disabilities.
10        (a)  It  shall  be  prohibited  to park any motor vehicle
11    which is not bearing registration plates or decals issued  to
12    a  person  with  disabilities, as defined by Section 1-159.1,
13    pursuant to Sections 3-616, 11-1301.1  or 11-1301.2, or to  a
14    disabled  veteran  pursuant  to Section 3-609 of this Act, as
15    evidence that the vehicle is operated by or for a person with
16    disabilities or  disabled  veteran,  in  any  parking  place,
17    including  any  private or public offstreet parking facility,
18    specifically reserved, by the posting of an official sign  as
19    designated  under  Section 11-301, for motor vehicles bearing
20    such  registration  plates.  An  individual  with  a  vehicle
21    bearing a person with disabilities license plate  or  parking
22    decal  or  device  issued to a disabled person under Sections
23    3-616, 11-1301.1,  or  11-1301.2  is  in  violation  of  this
24    Section  if  the  person  is  not  the authorized holder of a
25    person with disabilities license plate or  parking  decal  or
26    device  and  is  not  transporting the authorized holder of a
27    person with disabilities license plate or  parking  decal  or
28    device  to  or  from the parking location and the person uses
29    the person with disabilities license plate or  parking  decal
30    or  device  to  exercise  any  privileges granted through the
31    person with disabilities license plates or parking decals  or
 
                            -2-                LRB9102510KScs
 1    devices  under this Code.  Any motor vehicle bearing a person
 2    with disabilities license plate or a person with disabilities
 3    parking decal or device containing the  International  symbol
 4    of  access  issued  to persons with disabilities by any local
 5    authority, state,  district,  territory  or  foreign  country
 6    shall be recognized by state and local authorities as a valid
 7    license   plate  or  device  and  receive  the  same  parking
 8    privileges as residents of this State.
 9        (b)  Any person or local authority  owning  or  operating
10    any  public  or private offstreet parking facility may, after
11    notifying the police or sheriff's department, remove or cause
12    to be removed to the nearest garage or other place of  safety
13    any  vehicle  parked within a stall or space reserved for use
14    by a person with disabilities which does not  display  person
15    with  disabilities  registration plates or a special decal or
16    device as required under this Section.
17        (c)  Any person found guilty of violating the  provisions
18    of  this Section shall be fined $100 in addition to any costs
19    or charges connected with the removal or storage of any motor
20    vehicle authorized under this Section; but municipalities  by
21    ordinance  may  impose  a  fine  up to $200 and shall display
22    signs indicating the fine imposed.  If the amount of the fine
23    is subsequently changed, the municipality  shall  change  the
24    sign to indicate the current amount of the fine. It shall not
25    be  a  defense  to  a charge under this Section that the sign
26    posted pursuant to this Section  does  not  comply  with  the
27    technical   requirements   of   Section   11-301,  Department
28    regulations, or local ordinance if a reasonable person  would
29    be  made  aware  by the sign or notice on or near the parking
30    place  that  the  place  is  reserved  for  a   person   with
31    disabilities.
32        (d)  Local  authorities shall impose fines as established
33    in subsection (c) for violations of this Section.
34        (e)  As used in this Section, "authorized  holder"  means
 
                            -3-                LRB9102510KScs
 1    an individual issued a person with disabilities license plate
 2    under  Section  3-616  of this Code or an individual issued a
 3    person  with  disabilities  parking  decal  or  device  under
 4    Section 11-1301.2 of this Code.
 5    (Source: P.A.  89-275,  eff.  1-1-96;  89-533,  eff.  1-1-97;
 6    89-626, eff. 8-9-96; 90-106, eff. 1-1-98.)

 7        Section  99.  Effective date.  This Act takes effect upon
 8    becoming law.

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