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Changes to the State of Illinois Parking Program for Persons with Disabilities

Changes to the State of Illinois Parking Program for Persons with Disabilities. Illinois Secretary of State Jesse White. The purpose of this presentation:.

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Changes to the State of Illinois Parking Program for Persons with Disabilities

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  1. Changes to the State of Illinois Parking Program for Persons with Disabilities Disability Rights Consortium Accessible Parking

  2. Disability Rights Consortium Accessible Parking Illinois Secretary of State Jesse White

  3. The purpose of this presentation: • To educate persons with disabilities and interested parties on the legislative changes to the Parking Program for Persons with Disabilities. • Discuss best practices on how to reduce the overall fraud and abuse of the Parking Program for Persons with Disabilities. Disability Rights Consortium Accessible Parking

  4. News Headlines from across the Nation regarding abuses of accessible parking Disability Rights Consortium Accessible Parking Cities tighten grip on disabled parking placards – USA Today 9/6/13 Crackdown on disabled parking fraud good for all – Springfield Journal-Register 9/18/13 Is It Possible to Stop Disabled Parking Abuse? – LA Curbed 1/26/12 SF considering eliminating free disabled parking – ABC News 1/10/12 States, cities target handicap parking fraud – USA Today 2/3/2010

  5. More Headlines Disability Rights Consortium Accessible Parking New Bill Targets Handicapped Parking Fraud – ABC News Denver “The City of Denver parking officials have told us it appears many dead people have been attending baseball games at Coors Field and parking in the designated spots,” said Julie Reiskin, executive director of the Colorado Cross Disability Coalition. Jesse White's Disability Parking Crackdown Results in More than 160 Citations Statewide Totaling over $71,000 in Fines 1/3/13

  6. Illinois Parking Program for Persons With Disabilities Disability Rights Consortium Accessible Parking

  7. New Legislation Disability Rights Consortium Accessible Parking In 2012, two laws were unanimously passed by the Illinois General Assembly and were signed into law by Governor Quinn: Public Act 97-0844: Increases the fines for persons who use a deceased persons disability license plates or parking placard to $2,500 fine and 1 year driver’s license suspension; and

  8. Public Act 97-0845: Disability Rights Consortium Accessible Parking Effective on January 1, 2014. Allows only individuals with certain types of disabilities to be exempt from the payment of parking meter fees if they have a valid Illinois Driver’s License and their disability meets more stringent eligibility criteria. Legislation requires all persons with disabilities to recertify for the program with their physician during 2013, and the Secretary of State to reissue new placards before 2014.

  9. Public Act 97-0845 cont’d: Disability Rights Consortium Accessible Parking • Depending on the nature of a persons disability, individuals will qualify for one of three types of parking placards: • Meter Exempt Permanent Parking Placard – Yellow Placard • Non-Meter Exempt Permanent Parking Placard – Blue Placard • Temporary Parking Placard – Red Placard

  10. How to obtain a Parking Placard and/or Disability License Plates under the new law Disability Rights Consortium Accessible Parking

  11. All states including Illinois have some type of an application process. • Usually it is a certification form or application that periodically is required to be completed by a licensed physician or nurse practitioner attesting that the person meets the eligibility requirements of the program. Disability Rights Consortium Accessible Parking

  12. Disability Rights Consortium Accessible Parking

  13. Secretary of State mailed over 68,000 letters and posters to help educate medical professionals about the eligibility requirements to obtain a placard or disability plates. Disability Rights Consortium Accessible Parking

  14. The fraudulent use of disability license plates and placards is a serious problem. Medical Professionals can be part of the solution! Disability Rights Consortium Accessible Parking

  15. Types of Placards Issued by the Secretary of State Disability Rights Consortium Accessible Parking

  16. Meter Exempt Permanent Parking Placard • In order to qualify for a meter-exempt placard, a person must have a permanent disability and • have a valid Illinois driver’s license or be under the age of 18 and incapable of driving • meet a more stringent eligibility criteria attested by a physician Disability Rights Consortium Accessible Parking

  17. Eligibility Criteria for Meter Exempt Placard Disability Rights Consortium Accessible Parking A person with a disability must meet at least one of the following eligibility requirements: • Cannot manage, manipulate or insert coins or obtain tickets or tokens in parking meters or ticket machines in parking lots due to the lack of fine motor control of BOTH hands; • Cannot reach above his/her head to a height of 42 inches from the ground, due to a lack of finger, hand or upper extremity strength or mobility; • Cannot approach a parking meter due to use of a wheelchair or other device for mobility; or • Cannot walk more than 20 feet due to an orthopedic, neurological, cardiovascular or lung condition in which the degree of debilitation is so severe that it almost completed impeded the ability to walk.

  18. Non-Meter Exempt Permanent Parking Placard • Issued to persons with permanent • disabilities. • Allows the authorized holder to park in spaces reserved for persons with disabilities such as at a mall, grocery, or retail store but DOES NOT exempt the authorized holder from the payment of parking meter fees and time limitations at parking meters. Disability Rights Consortium Accessible Parking

  19. Temporary Placards • For persons with a temporary disability • Valid for 6 months or less if issued by the Secretary of State • Valid for up to 90 days if issued by local townships • Allows the authorized holder to park in spaces reserved for persons with disabilities such as at a mall, grocery, or store but DOES NOT exempt the authorized holder from the payment of parking meter fees. Disability Rights Consortium Accessible Parking

  20. Organization Placards Disability Rights Consortium Accessible Parking Issued to non-profit organizations that transport persons with disabilities. Allows the authorized organization to park in spaces reserved for persons with disabilities such as at a mall, grocery, or retail store if they are loading or unloading disabled passengers but DOES NOT exempt the organization from the payment of parking meter fees.

  21. Disability License Plates • Issued only to persons with a permanent disability. Their name must be on the vehicle title, or the parent or legal guardian of a minor with a disability or an immediate family member residing in the same household. • Allows the authorized holder to park in spaces reserved for persons with disabilities such as at a mall, or retail store but DOES NOT exempt the authorized holder from the payment of parking meter fees and time limitations at parking meters. • Parking meter exemptions are allowed ONLY if the motor vehicle also displays the appropriate parking placard (yellow/gray striped) for meter exempt parking. Disability Rights Consortium Accessible Parking

  22. Disabled Veteran License Plates • Issued only to veterans who provide proof of a service-connected disability that is certified by a licensed physician. • Issued to specific vehicles and cannot be transferred. • Qualifying veteran must own the vehicle. • Persons issued a disability veteran plate are also issued a disability parking placard reflecting the type of disability (i.e., meter-exempt permanent, non-meter exempt permanent) • Allows the authorized holder to park in spaces reserved for persons with disabilities such as at a mall, grocery or retail store but DOES NOT exempt the authorized holder from the payment of parking meter fees and time limitations at parking meters unless the authorized holder displays the meter exempt placard. • Parking meter exemptions are allowed ONLY if the motor vehicle also displays the appropriate parking placard (yellow/gray striped) for meter exempt parking. Disability Rights Consortium Accessible Parking

  23. The Authorized Holder Disability Rights Consortium Accessible Parking The authorized holder is defined as the qualified person with the disability to whom the placard or disability license plates are issued. Placards are issued to the authorized holder and not to a vehicle. The placard can be used in any vehicle that the authorized holder is driving or is a passenger in. Placards are NOT TRANSFERABLE!

  24. All placards contain the following statement: Disability Rights Consortium Accessible Parking THE AUTHORIZED HOLDER MUST BE PRESENTAND MUST ENTER OR EXIT THE VEHICLE AT THE TIME THE PARKING PRIVILEGES ARE BEING USED. UNAUTHORIZED USE MAY RESULT IN A $600 FINE AND SUSPENSION OF DRIVER’S LICENSE AND/OR REVOCATION OF THE PLACARD.

  25. Parking Privileges and Exemptions • Vehicles properly displaying a parking placard, disability license plates or disabled veteran license plates can park in an accessible space reserved for persons with disabilities. • Person with disabilities who are issued the meter-exempt placard are exempt from the payment of parking meter fees and any statute or ordinance imposing time limits on parking on any street or parking lots. *Except time limits of ½ hour or less. Disability Rights Consortium Accessible Parking

  26. Accessible Parking Spaces Disability Rights Consortium Accessible Parking

  27. Accessible Parking Space Requirements To comply with Illinois law, accessible parking spaces can be stripped two separate ways: Disability Rights Consortium Accessible Parking

  28. Minimum # of Accessible Parking Spaces Disability Rights Consortium Accessible Parking Total # of Space Required # of Accessible Spaces 1 to 25 . . . . . . . . . . . . . ……….. . 1 26 to 50 . . . . . . . . . . . . . . ……… 2 51 to 75 . . . . . . . . . . . . . . ……… 3 76 to 100 . . . . . . . . . . . . . …….... 4 101 to 150 . . . . . . . . . . . . …...…. 5 151 to 200 . . . . . . . . . . . ……….. 6 201 to 300 . . . . . . . . . . ……. . . .. 7 301 to 400 . . . . . . . . . . . . . …….. 8 401 to 500 . . . . . . . . . . . . . …….. 9 501 to 1,000 . . . . . . ………… . . 2% of total over 1,000 . . . . . . . . . …………. 20 plus 1 for each 100 over 1,000

  29. Disability Rights Bureau Contact Info. Disability Rights Consortium Accessible Parking CHICAGO Office 100 West Randolph Street Chicago, Illinois 60601 1-312-814-5684 or TTY: 1-800-964-3013 SPRINGFIELD Office 500 South Second Street Springfield, Illinois 62706 1-217-524-2660 or TTY: 1-877-844-5461 www.IllinoisAttorneyGeneral.gov

  30. Self-Serve Gas Stations Disability Rights Consortium Accessible Parking Gasoline and service stations in Illinois must comply with the provisions of the Americans with Disabilities Act by: Dispensing fuel for the driver of a vehicle displaying a placard or disability license plates upon request. Provide refueling assistance at no additional charge and post hours of service availability.

  31. FINES & VIOLATIONS Disability Rights Consortium Accessible Parking

  32. Parking Enforcement Disability Rights Consortium Accessible Parking To help assist police officers with the enforcement of the provisions of the Parking Program for Persons with Disabilities, the Secretary of State produced the Law Enforcement Quick Reference Guide to the Parking Program for Persons with Disabilities.

  33. Disability Rights Consortium Accessible Parking

  34. Disability Rights Consortium Accessible Parking

  35. Unlawful Use of Placards or Disability License Plates Disability Rights Consortium Accessible Parking • The authorized holder of a parking placard or license plates must be present and must be entering or exiting the vehicle at the time parking privileges are being used. • Vehicles using a parking placard or disability license plates may not park in access aisles (the vertical lines adjacent to the accessible parking space even if they display a placard or disability plates). • Vehicles using a placard or disability license plates may not park where parking is prohibited such as: • No stopping and standing zones; • In front of or near fire hydrants; • Public building entrances and exits; • Bus stops and loading zones; • Blocking curb cuts, curb ramps, driveways or the public right-of-way; or • In any manner that creates a traffic hazard.

  36. In Illinois, parking in an accessible space without a parking placard or disability license plate is a minimum $250 Fine. (625 ILCS 5/11-1301.3) Municipalities can increase the fine to $350 by adopting a local ordinance. • Parking in the access aisle – vertical lines adjacent to the accessible parking space is a $250 Fine even if the vehicle is displaying a placard or disability plates. Disability Rights Consortium Accessible Parking

  37. Reciprocal agreements with other jurisdictions Disability Rights Consortium Accessible Parking Illinois grants the same parking privileges to any non-resident whose motor vehicle is licensed in another state, district, territory or foreign country if such vehicle displays a parking placard or disability license plates issued from that state, district, territory or foreign country as long as the authorized holder of the placard or disability license plates is present. Out-of-state placards and disability license plates are NOT exempt from parking meter fees!

  38. 625 ILCS 5/11-1301.3 (c) “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.” Reasonable Person Standard Disability Rights Consortium Accessible Parking

  39. Parking Enforcement Disability Rights Consortium Accessible Parking Police have clear authority to enforce the provisions of accessible parking on private property such as a mall, grocery or retail store. Upon request of a police officer, a parking placard/plates holder must present photo identification to verify he/she is the authorized holder of the placard/plates. Questioning the nature or validity of the user’s disability is not a law enforcement function. Some disabilities are not apparent.

  40. Parking Enforcement • Police officers in Illinois can verify the authorized holder of any placard or disability license plate issued by the Secretary of State through the use of our computer database. • 625 ILCS 5/11-1301.3 (a-1) Unauthorized use of a placard or disability license plates is a $600 fine and six months administrative driver’s license suspension for 1st Offense. • 2nd Offense -- $750 fine & 6 month DL suspension • 3rd Offense -- $1,000 fine and 1 year DL suspension Disability Rights Consortium Accessible Parking

  41. Unlawful Use of Placards or Disability License Plates Disability Rights Consortium Accessible Parking Unlawful use of a placard or license plates is a violation of state law under 11-301.3(a-1) and is a $600 minimum fine, half of which returns to the issuing department. Police officers may seize unlawfully used placards and return them with a report and/or a copy of the citation for the Secretary of State to take driver’s license sanctions against the user . Information should be sent to the Secretary of State at: Persons with Disabilities Placard/Plate Unit 501 South Second Street, Room 541 Springfield, IL 62756

  42. Class A Misdemeanors Under 625 ILCS 1301.5 and 1301.6, the following are Class A misdemeanors and may result in a fine up to $2,500 and a one year driver’s license suspension: • Altering a placard • Using a deceased persons placard or plate • Possessing a fake or fraudulent placard • Possessing a lost or stolen placard • Duplicating, manufacturing, selling or distributing a fraudulent placard Disability Rights Consortium Accessible Parking

  43. November Declared Accessible Parking Awareness Month Disability Rights Consortium Accessible Parking

  44. How the Public can Report Abuse of the Parking Program for Persons with Disabilities to the Secretary of State: Disability Rights Consortium Accessible Parking

  45. Program & Contact Information Vehicles Services Department/Special Plates 501 South Second Street, Room 541 Springfield, IL  62756 217-782-2709 (voice) or http://www.cyberdriveillinois.com or Bill Bogdan, Disability Liaison IL Secretary of State 41 West 162nd Street South Holland, IL  60473 708-210-2843/voice, 800-261-5280/TTY or wbogdan@ilsos.net Disability Rights Consortium Accessible Parking

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