Bill Text: IL SB1541 | 2009-2010 | 96th General Assembly | Enrolled

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Bill Title: Amends the Illinois Vehicle Code. Provides that a special parking decal or device for a person with disabilities may be used by the authorized holder, rather than the special parking decal or device being the property of the person with disabilities. Removes language concerning the revocation or suspension of a person's driving privileges and revocation of disability license plates or parking decals or devices for violation of provisions concerning the unauthorized use of parking places reserved for persons with disabilities because similar language appears elsewhere in those provisions. Provides that a police officer may seize the parking decal or device from any person who commits a violation of the unauthorized use of parking places reserved for persons with disabilities provision, may request that the Secretary of State revoke the parking decal or device or the disability license plate of any person who commits a violation of that provision, and may seize the disability license plate upon authorization from the Secretary of State.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2009-07-23 - Public Act . . . . . . . . . 96-0072 [SB1541 Detail]

Download: Illinois-2009-SB1541-Enrolled.html

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AN ACT concerning transportation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Vehicle Code is amended by changing
Sections 11-1301.2 and 11-1301.3 as follows:
(625 ILCS 5/11-1301.2) (from Ch. 95 1/2, par. 11-1301.2)
Sec. 11-1301.2. Special decals for a person with
disabilities parking.
(a) The Secretary of State shall provide for, by
administrative rules, the design, size, color, and placement of
a person with disabilities motorist decal or device and shall
provide for, by administrative rules, the content and form of
an application for a person with disabilities motorist decal or
device, which shall be used by local authorities in the
issuance thereof to a person with temporary disabilities,
provided that the decal or device is valid for no more than 90
days, subject to renewal for like periods based upon continued
disability, and further provided that the decal or device
clearly sets forth the date that the decal or device expires.
The application shall include the requirement of an Illinois
Identification Card number or a State of Illinois driver's
license number. This decal or device shall be the property of
such person with disabilities and may be used by the authorized

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holder that person to designate and identify a vehicle not
owned or displaying a registration plate as provided in
Sections 3-609, 3-609.01, and 3-616 of this Act to designate
when the vehicle is being used to transport said person or
persons with disabilities, and thus is entitled to enjoy all
the privileges that would be afforded a person with
disabilities licensed vehicle. Person with disabilities decals
or devices issued and displayed pursuant to this Section shall
be recognized and honored by all local authorities regardless
of which local authority issued such decal or device.
The decal or device shall be issued only upon a showing by
adequate documentation that the person for whose benefit the
decal or device is to be used has a temporary disability as
defined in Section 1-159.1 of this Code.
(b) The local governing authorities shall be responsible
for the provision of such decal or device, its issuance and
designated placement within the vehicle. The cost of such decal
or device shall be at the discretion of such local governing
authority.
(c) The Secretary of State may, pursuant to Section
3-616(c), issue a person with disabilities parking decal or
device to a person with disabilities as defined by Section
1-159.1. Any person with disabilities parking decal or device
issued by the Secretary of State shall be registered to that
person with disabilities in the form to be prescribed by the
Secretary of State. The person with disabilities parking decal

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or device shall not display that person's address. One
additional decal or device may be issued to an applicant upon
his or her written request and with the approval of the
Secretary of State. The written request must include a
justification of the need for the additional decal or device.
(d) Replacement decals or devices may be issued for lost,
stolen, or destroyed decals upon application and payment of a
$10 fee. The replacement fee may be waived for individuals that
have claimed and received a grant under the Senior Citizens and
Disabled Persons Property Tax Relief and Pharmaceutical
Assistance Act.
(Source: P.A. 95-167, eff. 1-1-08.)
(625 ILCS 5/11-1301.3) (from Ch. 95 1/2, par. 11-1301.3)
Sec. 11-1301.3. Unauthorized use of parking places
reserved for persons with disabilities.
(a) It shall be prohibited to park any motor vehicle which
is not properly displaying registration plates or decals issued
to a person with disabilities, as defined by Section 1-159.1,
pursuant to Sections 3-616, 11-1301.1 or 11-1301.2, or to a
disabled veteran pursuant to Section 3-609 or 3-609.01 of this
Act, as evidence that the vehicle is operated by or for a
person with disabilities or disabled veteran, in any parking
place, including any private or public offstreet parking
facility, specifically reserved, by the posting of an official
sign as designated under Section 11-301, for motor vehicles

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displaying such registration plates. It shall be prohibited to
park any motor vehicle in a designated access aisle adjacent to
any parking place specifically reserved for persons with
disabilities, by the posting of an official sign as designated
under Section 11-301, for motor vehicles displaying such
registration plates. When using the parking privileges for
persons with disabilities, the parking decal or device must be
displayed properly in the vehicle where it is clearly visible
to law enforcement personnel, either hanging from the rearview
mirror or placed on the dashboard of the vehicle in clear view.
Disability license plates and parking decals and devices are
not transferable from person to person. Proper usage of the
disability license plate or parking decal or device requires
the authorized holder to be present and enter or exit the
vehicle at the time the parking privileges are being used. It
is a violation of this Section to park in a space reserved for
a person with disabilities if the authorized holder of the
disability license plate or parking decal or device does not
enter or exit the vehicle at the time the parking privileges
are being used. Any motor vehicle properly displaying a
disability license plate or a parking decal or device
containing the International symbol of access issued to persons
with disabilities by any local authority, state, district,
territory or foreign country shall be recognized by State and
local authorities as a valid license plate or device and
receive the same parking privileges as residents of this State.

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(a-1) An individual with a vehicle displaying disability
license plates or a parking decal or device issued to a
qualified person with a disability under Sections 3-616,
11-1301.1, or 11-1301.2 or to a disabled veteran under Section
3-609 or 3-609.01 is in violation of this Section if (i) the
person using the disability license plate or parking decal or
device is not the authorized holder of the disability license
plate or parking decal or device or is not transporting the
authorized holder of the disability license plate or parking
decal or device to or from the parking location and (ii) the
person uses the disability license plate or parking decal or
device to exercise any privileges granted through the
disability license plate or parking decals or devices under
this Code.
(b) Any person or local authority owning or operating any
public or private offstreet parking facility may, after
notifying the police or sheriff's department, remove or cause
to be removed to the nearest garage or other place of safety
any vehicle parked within a stall or space reserved for use by
a person with disabilities which does not display person with
disabilities registration plates or a special decal or device
as required under this Section.
(c) Any person found guilty of violating the provisions of
subsection (a) shall be fined $250 in addition to any costs or
charges connected with the removal or storage of any motor
vehicle authorized under this Section; but municipalities by

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ordinance may impose a fine up to $350 and shall display signs
indicating the fine imposed. If the amount of the fine is
subsequently changed, the municipality shall change the sign to
indicate the current amount of the fine. It shall not be a
defense to a charge under this Section that either the sign
posted pursuant to this Section or the intended accessible
parking place does not comply with the technical requirements
of Section 11-301, Department regulations, or local ordinance
if a reasonable person would be made aware by the sign or
notice on or near the parking place that the place is reserved
for a person with disabilities.
(c-1) Any person found guilty of violating the provisions
of subsection (a-1) a first time shall be fined $500. Any
person found guilty of violating subsection (a-1) a second time
shall be fined $750, and the Secretary of State may revoke the
person's driving privileges or suspend those privileges for a
period of time to be determined by the Secretary. Any person
found guilty of violating subsection (a-1) a third or
subsequent time shall be fined $1,000, and the Secretary of
State may revoke the person's driving privileges or suspend
those privileges for a period of time to be determined by the
Secretary. The Secretary of State may also revoke the
disability license plates or parking decal or device of a
person violating subsection (a-1) a third or subsequent time or
may suspend the person's disability license plates or parking
decal or device for a period of time to be determined by the

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Secretary of State. The circuit clerk shall distribute 50% of
the fine imposed on any person who is found guilty of or pleads
guilty to violating this Section, including any person placed
on court supervision for violating this Section, to the law
enforcement agency that issued the citation or made the arrest.
If more than one law enforcement agency is responsible for
issuing the citation or making the arrest, the 50% of the fine
imposed shall be shared equally. If an officer of the Secretary
of State Department of Police arrested a person for a violation
of this Section, 50% of the fine imposed shall be deposited
into the Secretary of State Police Services Fund.
(d) Local authorities shall impose fines as established in
subsections (c) and (c-1) for violations of this Section.
(e) As used in this Section, "authorized holder" means an
individual issued a disability license plate under Section
3-616 of this Code, an individual issued a parking decal or
device under Section 11-1301.2 of this Code, or an individual
issued a disabled veteran's license plate under Section 3-609
or 3-609.01 of this Code.
(f) Any person who commits a violation of subsection (a-1)
may have his or her driving privileges suspended or revoked by
the Secretary of State for a period of time determined by the
Secretary of State. The Secretary of State may also suspend or
revoke the disability license plates or parking decal or device
for a period of time determined by the Secretary of State.
(g) Any police officer may seize the parking decal or

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device from any person who commits a violation of this Section.
Any police officer may seize the disability license plate upon
authorization from the Secretary of State. Any police officer
may request that the Secretary of State revoke the parking
decal or device or the disability license plate of any person
who commits a violation of this Section.
(Source: P.A. 94-619, eff. 1-1-06; 94-930, eff. 6-26-06;
95-167, eff. 1-1-08; 95-430, eff. 6-1-08; 95-876, eff.
8-21-08.)