|
Sen. Ram Villivalam
Filed: 4/9/2026
| | 10400SB3336sam001 | | LRB104 20522 LNS 36494 a |
|
|
| 1 | | AMENDMENT TO SENATE BILL 3336
|
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 3336 by replacing |
| 3 | | everything after the enacting clause with the following: |
| 4 | | "Section 5. The Illinois Vehicle Code is amended by |
| 5 | | changing Sections 1-117.7, 1-140.10, 1-140.11, 1-140.15, |
| 6 | | 1-145.001, 1-146, 1-158, 3-101, 3-102, 3-402, 6-102, 11-501, |
| 7 | | and 11-1517 and by adding Sections 1-106.1, 1-106.2, 1-117.6, |
| 8 | | 1-117.8, 1-117.9, 1-125.11, 1-205.5, 1-213.7, 11-317, |
| 9 | | 11-1008.5, 11-1403.4, and 11-1435 as follows: |
| 10 | | (625 ILCS 5/1-106.1 new) |
| 11 | | Sec. 1-106.1. Bicycle lane. A restricted right-of-way that |
| 12 | | runs alongside a roadway and is designated for the exclusive |
| 13 | | or semi-exclusive use of bicycles with through travel by motor |
| 14 | | vehicles or pedestrians prohibited, but with vehicle parking |
| 15 | | and crossflows by pedestrians and motorists permitted. |
|
| | 10400SB3336sam001 | - 2 - | LRB104 20522 LNS 36494 a |
|
|
| 1 | | (625 ILCS 5/1-106.2 new) |
| 2 | | Sec. 1-106.2. Bicycle path. A right-of-way that is |
| 3 | | completely separate from a highway that is designated for the |
| 4 | | exclusive use of bicycles and pedestrians with crossflows by |
| 5 | | motorists minimized. |
| 6 | | (625 ILCS 5/1-117.6 new) |
| 7 | | Sec. 1-117.6. Electric micromobility device. A |
| 8 | | light-weight, low-speed, electric-powered device primarily |
| 9 | | used for personal transportation. "Electric micromobility |
| 10 | | device" includes electric skateboards, electric unicycles, |
| 11 | | low-speed electric scooters, and high-speed electric scooters. |
| 12 | | For purposes of this Code, an electric micromobility device |
| 13 | | shall be considered a motor vehicle. "Electric micromobility |
| 14 | | device" does not include an electric personal assistive |
| 15 | | micromobility device or a toy vehicle. |
| 16 | | (625 ILCS 5/1-117.7) |
| 17 | | Sec. 1-117.7. Electric personal assistive mobility device. |
| 18 | | A self-balancing 2 non-tandem wheeled device designed to |
| 19 | | transport only one person with an electric propulsion system |
| 20 | | that limits the maximum speed of the device to 15 miles per |
| 21 | | hour or less, including, but not limited to, products marketed |
| 22 | | under the brand names of "Segway" or "Hoverboard" and other |
| 23 | | similar self-balancing 2 non-tandem wheeled products. |
| 24 | | "Electric personal assistive mobility device" does not include |
|
| | 10400SB3336sam001 | - 3 - | LRB104 20522 LNS 36494 a |
|
|
| 1 | | an electric micromobility device. |
| 2 | | (Source: P.A. 92-868, eff. 6-1-03.) |
| 3 | | (625 ILCS 5/1-117.8 new) |
| 4 | | Sec. 1-117.8. Electric unicycle. A self-balancing |
| 5 | | one-wheeled device designed to transport only one person with |
| 6 | | an electric propulsion system. Except as may otherwise be |
| 7 | | provided in this Code and to the extent practicable, the |
| 8 | | provisions of Article XV of Chapter 11 that apply to bicycles |
| 9 | | shall also apply to electric unicycles. |
| 10 | | (625 ILCS 5/1-117.9 new) |
| 11 | | Sec. 1-117.9. Electric skateboard. A skateboard powered by |
| 12 | | an electric motor. |
| 13 | | (625 ILCS 5/1-125.11 new) |
| 14 | | Sec. 1-125.11. High-speed electric scooter. A device with |
| 15 | | 2 or 3 wheels, handlebars, and a floorboard that can be stood |
| 16 | | upon while riding, that is solely powered by an electric motor |
| 17 | | and human power, and whose maximum speed, with or without |
| 18 | | human propulsion, is more than 15 miles per hour. "High-speed |
| 19 | | electric scooter" does not include a moped or motor driven |
| 20 | | cycle. |
| 21 | | (625 ILCS 5/1-140.10) |
| 22 | | Sec. 1-140.10. Low-speed electric bicycle. A bicycle |
|
| | 10400SB3336sam001 | - 4 - | LRB104 20522 LNS 36494 a |
|
|
| 1 | | equipped with fully operable pedals and an electric motor of |
| 2 | | less than 750 watts that meets the requirements of one of the |
| 3 | | following classes: |
| 4 | | (a) "Class 1 low-speed electric bicycle" means a |
| 5 | | low-speed electric bicycle equipped with a motor that |
| 6 | | provides assistance only when the rider is pedaling and |
| 7 | | that ceases to provide assistance when the bicycle reaches |
| 8 | | a speed of 20 miles per hour. |
| 9 | | (b) "Class 2 low-speed electric bicycle" means a |
| 10 | | low-speed electric bicycle equipped with a motor that may |
| 11 | | be used exclusively to propel the bicycle and that is not |
| 12 | | capable of providing assistance when the bicycle reaches a |
| 13 | | speed of 20 miles per hour. |
| 14 | | (c) "Class 3 low-speed electric bicycle" means a |
| 15 | | low-speed electric bicycle equipped with a motor that |
| 16 | | provides assistance only when the rider is pedaling and |
| 17 | | that ceases to provide assistance when the bicycle reaches |
| 18 | | a speed of 28 miles per hour. |
| 19 | | A "low-speed electric bicycle" is not a moped or a motor |
| 20 | | driven cycle. Any electric bicycle that is not a low-speed |
| 21 | | electric bicycle shall be considered a motor driven cycle for |
| 22 | | purposes of this Code. |
| 23 | | (Source: P.A. 100-209, eff. 1-1-18.) |
| 24 | | (625 ILCS 5/1-140.11) |
| 25 | | Sec. 1-140.11. Low-speed electric scooter. A device |
|
| | 10400SB3336sam001 | - 5 - | LRB104 20522 LNS 36494 a |
|
|
| 1 | | weighing less than 100 pounds, with 2 or 3 wheels, handlebars, |
| 2 | | and a floorboard that can be stood upon while riding, that is |
| 3 | | solely powered by an electric motor and human power, and whose |
| 4 | | maximum speed, with or without human propulsion, is no more |
| 5 | | than 15 10 miles per hour. "Low-speed electric scooter" does |
| 6 | | not include a moped or motor-driven cycle. |
| 7 | | (Source: P.A. 103-899, eff. 8-9-24.) |
| 8 | | (625 ILCS 5/1-140.15) |
| 9 | | Sec. 1-140.15. Low-speed gas bicycle. A 2-wheeled or |
| 10 | | 3-wheeled device with fully operable pedals and a gasoline |
| 11 | | motor of less than one horsepower or 15 cubic centimeter |
| 12 | | displacement that is operated at speeds of less than 20 miles |
| 13 | | per hour. Any gas-powered bicycle that is not a low-speed gas |
| 14 | | bicycle shall be considered a motor driven cycle for purposes |
| 15 | | of this Code. |
| 16 | | (Source: P.A. 103-706, eff. 1-1-25.) |
| 17 | | (625 ILCS 5/1-145.001) (from Ch. 95 1/2, par. 1-148) |
| 18 | | Sec. 1-145.001. Motor driven cycle. Every motorcycle, |
| 19 | | moped, and every motor scooter with an internal combustion |
| 20 | | engine of less than 150 cubic centimeter piston displacement, |
| 21 | | or an electric motor with a nominal power rating of greater |
| 22 | | than 750 watts but less than or equal to 8,000 watts, including |
| 23 | | motorized pedalcycles and every gas-powered bicycle that is |
| 24 | | not a low-speed gas bicycle. |
|
| | 10400SB3336sam001 | - 6 - | LRB104 20522 LNS 36494 a |
|
|
| 1 | | (Source: P.A. 90-89, eff. 1-1-98.) |
| 2 | | (625 ILCS 5/1-146) (from Ch. 95 1/2, par. 1-146) |
| 3 | | Sec. 1-146. Motor vehicle. Every vehicle which is |
| 4 | | self-propelled and every vehicle which is propelled by |
| 5 | | electric power obtained from overhead trolley wires, but not |
| 6 | | operated upon rails, except for vehicles moved solely by human |
| 7 | | power, motorized wheelchairs, low-speed electric bicycles, and |
| 8 | | low-speed gas bicycles. For this Code Act, motor vehicles are |
| 9 | | divided into two divisions: |
| 10 | | First Division: Those motor vehicles which are designed |
| 11 | | for the carrying of not more than 10 persons. |
| 12 | | Second Division: Those motor vehicles which are designed |
| 13 | | for carrying more than 10 persons, those motor vehicles |
| 14 | | designed or used for living quarters, those motor vehicles |
| 15 | | which are designed for pulling or carrying freight, cargo or |
| 16 | | implements of husbandry, and those motor vehicles of the First |
| 17 | | Division remodelled for use and used as motor vehicles of the |
| 18 | | Second Division. |
| 19 | | (Source: P.A. 96-125, eff. 1-1-10.) |
| 20 | | (625 ILCS 5/1-158) (from Ch. 95 1/2, par. 1-158) |
| 21 | | Sec. 1-158. Pedestrian. Any person afoot or wearing |
| 22 | | in-line speed skates or riding a non-motorized skateboard or |
| 23 | | operating a toy vehicle, including a person with a physical, |
| 24 | | hearing, or visual disability. |
|
| | 10400SB3336sam001 | - 7 - | LRB104 20522 LNS 36494 a |
|
|
| 1 | | (Source: P.A. 103-706, eff. 1-1-25.) |
| 2 | | (625 ILCS 5/1-205.5 new) |
| 3 | | Sec. 1-205.5. Toy vehicle. Any battery powered ride-on toy |
| 4 | | that (i) is designed to not exceed 10 miles per hour, (ii) |
| 5 | | includes any number of wheels or handlebars or a steering |
| 6 | | wheel, and a seat or platform, and (iii) is designed for |
| 7 | | children under 8 years of age, including, but not limited to, |
| 8 | | products marketed under the brand names of "Razor" or "Power |
| 9 | | Wheels" and other similar products. |
| 10 | | (625 ILCS 5/1-213.7 new) |
| 11 | | Sec. 1-213.7. Unicycle. Every human-powered device with |
| 12 | | one wheel and operable pedals and a designated seat for the |
| 13 | | transportation of one person. Except as may otherwise be |
| 14 | | provided in this Code and to the extent practicable, the |
| 15 | | provisions of Article XV of Chapter 11 that apply to bicycles |
| 16 | | shall also apply to unicycles. |
| 17 | | (625 ILCS 5/3-101) (from Ch. 95 1/2, par. 3-101) |
| 18 | | Sec. 3-101. Certificate of title required. |
| 19 | | (a) Except as provided in Section 3-102, every owner of a |
| 20 | | vehicle which is in this State and for which no Illinois |
| 21 | | certificate of title has been issued by the Secretary of State |
| 22 | | shall make application to the Secretary of State for an |
| 23 | | Illinois certificate of title of the vehicle. Except as |
|
| | 10400SB3336sam001 | - 8 - | LRB104 20522 LNS 36494 a |
|
|
| 1 | | provided in Section 3-102, every owner of a vehicle, excluding |
| 2 | | vehicles acquired by insurance companies through a settlement |
| 3 | | of an insurance claim or by lienholders taking title through |
| 4 | | repossession, that is in this State for which no Illinois |
| 5 | | certificate of title has been issued by the Secretary of State |
| 6 | | and every owner of a vehicle that is in the State applying for |
| 7 | | a duplicate certificate of title or a corrected certificate of |
| 8 | | title, including a dealer lien release certificate of title, |
| 9 | | must make application to the Secretary of State for an |
| 10 | | Illinois duplicate certificate of title or corrected |
| 11 | | certificate of title. A certificate of title issued to any |
| 12 | | owner of a vehicle, excluding vehicles acquired by insurance |
| 13 | | companies through a settlement of an insurance claim or by |
| 14 | | lienholders taking title through repossession, in this State |
| 15 | | showing an Illinois address for the owner that has been issued |
| 16 | | by an entity other than the Secretary of State must be |
| 17 | | converted to an Illinois title before the owner can transfer |
| 18 | | ownership of the vehicle. |
| 19 | | Under no circumstances shall a dealer required to obtain |
| 20 | | an Illinois certificate of title pursuant to this Code be |
| 21 | | allowed to obtain an out-of-state certificate of title for |
| 22 | | purposes of a vehicle held for sale in this State by the |
| 23 | | dealer. Under no circumstances shall a dealer be allowed to |
| 24 | | obtain an out-of-state certificate of title in lieu of an |
| 25 | | Illinois-issued dealer lien release certificate of title when |
| 26 | | a dealer may have need of such title issuance. Nothing in this |
|
| | 10400SB3336sam001 | - 9 - | LRB104 20522 LNS 36494 a |
|
|
| 1 | | Section shall be construed so as to allow a dealer to acquire |
| 2 | | an out-of-state certificate of title in lieu of acquiring an |
| 3 | | Illinois certificate of title for purposes of a vehicle held |
| 4 | | for sale in this State by the dealer. |
| 5 | | (b) Every owner of a motorcycle or motor driven cycle |
| 6 | | purchased new on and after January 1, 1980 shall make |
| 7 | | application to the Secretary of State for a certificate of |
| 8 | | title. However, if such cycle is not properly manufactured or |
| 9 | | equipped for general highway use pursuant to the provisions of |
| 10 | | this Act, it shall not be eligible for license registration, |
| 11 | | but shall be issued a distinctive certificate of title except |
| 12 | | as provided in Sections 3-102 and 3-110 of this Act. |
| 13 | | (b-5) Every owner of (i) a motor driven cycle that is |
| 14 | | powered by an electric motor with a nominal power rating of |
| 15 | | greater than 750 watts but less than or equal to 8,000 watts or |
| 16 | | (ii) a gas-powered bicycle capable of operating at speeds |
| 17 | | greater than 28 miles per hour, purchased new on and after |
| 18 | | January 1, 2027, shall make application to the Secretary of |
| 19 | | State for a certificate of title; as long as such motor driven |
| 20 | | cycle or gas-powered bicycle has a vehicle identification |
| 21 | | number with which it is associated before a certificate of |
| 22 | | title may be issued. However, if such motor driven cycle or |
| 23 | | gas-powered bicycle is not properly manufactured or equipped |
| 24 | | for general highway use under this Code, it shall not be |
| 25 | | eligible for registration, but shall be issued a distinctive |
| 26 | | certificate of title except as provided in Sections 3-102 and |
|
| | 10400SB3336sam001 | - 10 - | LRB104 20522 LNS 36494 a |
|
|
| 1 | | 3-110. |
| 2 | | (c) The Secretary of State shall not register or renew the |
| 3 | | registration of a vehicle unless a certificate of title has |
| 4 | | been issued by the Secretary of State to the owner or an |
| 5 | | application therefor has been delivered by the owner to the |
| 6 | | Secretary of State. |
| 7 | | (d) Every owner of an all-terrain vehicle or off-highway |
| 8 | | motorcycle purchased on or after January 1, 1998 shall make |
| 9 | | application to the Secretary of State for a certificate of |
| 10 | | title. |
| 11 | | (e) Every owner of a low-speed vehicle manufactured after |
| 12 | | January 1, 2010 shall make application to the Secretary of |
| 13 | | State for a certificate of title. |
| 14 | | (Source: P.A. 103-891, eff. 8-9-24.) |
| 15 | | (625 ILCS 5/3-102) (from Ch. 95 1/2, par. 3-102) |
| 16 | | Sec. 3-102. Exclusions. No certificate of title need be |
| 17 | | obtained for: |
| 18 | | 1. a vehicle owned by the State of Illinois; or a |
| 19 | | vehicle owned by the United States unless it is registered |
| 20 | | in this State; |
| 21 | | 2. a vehicle owned by a manufacturer or dealer and |
| 22 | | held for sale, even though incidentally moved on the |
| 23 | | highway or used for purposes of testing or demonstration, |
| 24 | | provided a dealer reassignment area is still available on |
| 25 | | the manufacturer's certificate of origin or the Illinois |
|
| | 10400SB3336sam001 | - 11 - | LRB104 20522 LNS 36494 a |
|
|
| 1 | | title; or a vehicle used by a manufacturer solely for |
| 2 | | testing; |
| 3 | | 3. a vehicle owned by a non-resident of this State and |
| 4 | | not required by law to be registered in this State; |
| 5 | | 4. a motor vehicle regularly engaged in the interstate |
| 6 | | transportation of persons or property for which a |
| 7 | | currently effective certificate of title has been issued |
| 8 | | in another State; |
| 9 | | 5. a vehicle moved solely by animal power; |
| 10 | | 6. an implement of husbandry; |
| 11 | | 7. special mobile equipment; |
| 12 | | 8. an apportionable trailer or an apportionable |
| 13 | | semitrailer registered in the State prior to April 1, |
| 14 | | 1998; |
| 15 | | 9. a manufactured home for which an affidavit of |
| 16 | | affixation has been recorded pursuant to the Conveyance |
| 17 | | and Encumbrance of Manufactured Homes as Real Property and |
| 18 | | Severance Act unless with respect to the same manufactured |
| 19 | | home there has been recorded an affidavit of severance |
| 20 | | pursuant to that Act; |
| 21 | | 10. low-speed electric scooters; . |
| 22 | | 11. electric micromobility devices. |
| 23 | | (Source: P.A. 103-899, eff. 8-9-24.) |
| 24 | | (625 ILCS 5/3-402) (from Ch. 95 1/2, par. 3-402) |
| 25 | | Sec. 3-402. Vehicles subject to registration; exceptions. |
|
| | 10400SB3336sam001 | - 12 - | LRB104 20522 LNS 36494 a |
|
|
| 1 | | A. Exemptions and Policy. Every motor vehicle, trailer, |
| 2 | | semitrailer and pole trailer when driven or moved upon a |
| 3 | | highway shall be subject to the registration and certificate |
| 4 | | of title provisions of this Chapter except: |
| 5 | | (1) Any such vehicle driven or moved upon a highway in |
| 6 | | conformance with the provisions of this Chapter relating |
| 7 | | to manufacturers, transporters, dealers, lienholders or |
| 8 | | nonresidents or under a temporary registration permit |
| 9 | | issued by the Secretary of State; |
| 10 | | (2) Any implement of husbandry whether of a type |
| 11 | | otherwise subject to registration hereunder or not which |
| 12 | | is only incidentally operated or moved upon a highway, |
| 13 | | which shall include a not-for-hire movement for the |
| 14 | | purpose of delivering farm commodities to a place of first |
| 15 | | processing or sale, or to a place of storage; |
| 16 | | (3) Any special mobile equipment as herein defined; |
| 17 | | (4) Any vehicle which is propelled exclusively by |
| 18 | | electric power obtained from overhead trolley wires though |
| 19 | | not operated upon rails; |
| 20 | | (5) Any vehicle which is equipped and used exclusively |
| 21 | | as a pumper, ladder truck, rescue vehicle, searchlight |
| 22 | | truck, or other fire apparatus, but not a vehicle of a type |
| 23 | | which would otherwise be subject to registration as a |
| 24 | | vehicle of the first division; |
| 25 | | (6) Any vehicle which is owned and operated by the |
| 26 | | federal government and externally displays evidence of |
|
| | 10400SB3336sam001 | - 13 - | LRB104 20522 LNS 36494 a |
|
|
| 1 | | federal ownership. It is the policy of the State of |
| 2 | | Illinois to promote and encourage the fullest use of its |
| 3 | | highways and to enhance the flow of commerce thus |
| 4 | | contributing to the economic, agricultural, industrial and |
| 5 | | social growth and development of this State, by |
| 6 | | authorizing the Secretary of State to negotiate and enter |
| 7 | | into reciprocal or proportional agreements or arrangements |
| 8 | | with other States, or to issue declarations setting forth |
| 9 | | reciprocal exemptions, benefits and privileges with |
| 10 | | respect to vehicles operated interstate which are properly |
| 11 | | registered in this and other States, assuring nevertheless |
| 12 | | proper registration of vehicles in Illinois as may be |
| 13 | | required by this Code; |
| 14 | | (7) Any converter dolly or tow dolly which merely |
| 15 | | serves as substitute wheels for another legally licensed |
| 16 | | vehicle. A title may be issued on a voluntary basis to a |
| 17 | | tow dolly upon receipt of the manufacturer's certificate |
| 18 | | of origin or the bill of sale; |
| 19 | | (8) Any house trailer found to be an abandoned mobile |
| 20 | | home under the Abandoned Mobile Home Act; |
| 21 | | (9) Any vehicle that is not properly registered or |
| 22 | | does not have registration plates or digital registration |
| 23 | | plates issued to the owner or operator affixed thereto, or |
| 24 | | that does have registration plates or digital registration |
| 25 | | plates issued to the owner or operator affixed thereto but |
| 26 | | the plates are not appropriate for the weight of the |
|
| | 10400SB3336sam001 | - 14 - | LRB104 20522 LNS 36494 a |
|
|
| 1 | | vehicle, provided that this exemption shall apply only |
| 2 | | while the vehicle is being transported or operated by a |
| 3 | | towing service and has a third tow plate affixed to it; |
| 4 | | (10) Low-speed electric scooters; . |
| 5 | | (11) electric micromobility devices. |
| 6 | | B. Reciprocity. Any motor vehicle, trailer, semitrailer or |
| 7 | | pole trailer need not be registered under this Code provided |
| 8 | | the same is operated interstate and in accordance with the |
| 9 | | following provisions and any rules and regulations promulgated |
| 10 | | pursuant thereto: |
| 11 | | (1) A nonresident owner, except as otherwise provided |
| 12 | | in this Section, owning any foreign registered vehicle of |
| 13 | | a type otherwise subject to registration hereunder, may |
| 14 | | operate or permit the operation of such vehicle within |
| 15 | | this State in interstate commerce without registering such |
| 16 | | vehicle in, or paying any fees to, this State subject to |
| 17 | | the condition that such vehicle at all times when operated |
| 18 | | in this State is operated pursuant to a reciprocity |
| 19 | | agreement, arrangement or declaration by this State, and |
| 20 | | further subject to the condition that such vehicle at all |
| 21 | | times when operated in this State is duly registered in, |
| 22 | | and displays upon it, a valid registration card and |
| 23 | | registration plate or plates or digital registration plate |
| 24 | | or plates issued for such vehicle in the place of |
| 25 | | residence of such owner and is issued and maintains in |
| 26 | | such vehicle a valid Illinois reciprocity permit as |
|
| | 10400SB3336sam001 | - 15 - | LRB104 20522 LNS 36494 a |
|
|
| 1 | | required by the Secretary of State, and provided like |
| 2 | | privileges are afforded to residents of this State by the |
| 3 | | State of residence of such owner. |
| 4 | | Every nonresident including any foreign corporation |
| 5 | | carrying on business within this State and owning and |
| 6 | | regularly operating in such business any motor vehicle, |
| 7 | | trailer or semitrailer within this State in intrastate |
| 8 | | commerce, shall be required to register each such vehicle |
| 9 | | and pay the same fees therefor as is required with |
| 10 | | reference to like vehicles owned by residents of this |
| 11 | | State. |
| 12 | | (2) Any motor vehicle, trailer, semitrailer and pole |
| 13 | | trailer operated interstate need not be registered in this |
| 14 | | State, provided: |
| 15 | | (a) that the vehicle is properly registered in |
| 16 | | another State pursuant to law or to a reciprocity |
| 17 | | agreement, arrangement or declaration; or |
| 18 | | (b) that such vehicle is part of a fleet of |
| 19 | | vehicles owned or operated by the same person who |
| 20 | | registers such fleet of vehicles pro rata among the |
| 21 | | various States in which such fleet operates; or |
| 22 | | (c) that such vehicle is part of a fleet of |
| 23 | | vehicles, a portion of which are registered with the |
| 24 | | Secretary of State of Illinois in accordance with an |
| 25 | | agreement or arrangement concurred in by the Secretary |
| 26 | | of State of Illinois based on one or more of the |
|
| | 10400SB3336sam001 | - 16 - | LRB104 20522 LNS 36494 a |
|
|
| 1 | | following factors: ratio of miles in Illinois as |
| 2 | | against total miles in all jurisdictions; situs or |
| 3 | | base of a vehicle, or where it is principally garaged, |
| 4 | | or from whence it is principally dispatched or where |
| 5 | | the movements of such vehicle usually originate; situs |
| 6 | | of the residence of the owner or operator thereof, or |
| 7 | | of his principal office or offices, or of his places of |
| 8 | | business; the routes traversed and whether regular or |
| 9 | | irregular routes are traversed, and the jurisdictions |
| 10 | | traversed and served; and such other factors as may be |
| 11 | | deemed material by the Secretary and the motor vehicle |
| 12 | | administrators of the other jurisdictions involved in |
| 13 | | such apportionment. Such vehicles shall maintain |
| 14 | | therein any reciprocity permit which may be required |
| 15 | | by the Secretary of State pursuant to rules and |
| 16 | | regulations which the Secretary of State may |
| 17 | | promulgate in the administration of this Code, in the |
| 18 | | public interest. |
| 19 | | (3)(a) In order to effectuate the purposes of this |
| 20 | | Code, the Secretary of State of Illinois is empowered to |
| 21 | | negotiate and execute written reciprocal agreements or |
| 22 | | arrangements with the duly authorized representatives of |
| 23 | | other jurisdictions, including States, districts, |
| 24 | | territories and possessions of the United States, and |
| 25 | | foreign states, provinces, or countries, granting to |
| 26 | | owners or operators of vehicles duly registered or |
|
| | 10400SB3336sam001 | - 17 - | LRB104 20522 LNS 36494 a |
|
|
| 1 | | licensed in such other jurisdictions and for which |
| 2 | | evidence of compliance is supplied, benefits, privileges |
| 3 | | and exemption from the payment, wholly or partially, of |
| 4 | | any taxes, fees or other charges imposed with respect to |
| 5 | | the ownership or operation of such vehicles by the laws of |
| 6 | | this State except the tax imposed by the Motor Fuel Tax |
| 7 | | Law, approved March 25, 1929, as amended, and the tax |
| 8 | | imposed by the Use Tax Act, approved July 14, 1955, as |
| 9 | | amended. |
| 10 | | The Secretary of State may negotiate agreements or |
| 11 | | arrangements as are in the best interests of this State |
| 12 | | and the residents of this State pursuant to the policies |
| 13 | | expressed in this Section taking into consideration the |
| 14 | | reciprocal exemptions, benefits and privileges available |
| 15 | | and accruing to residents of this State and vehicles |
| 16 | | registered in this State. |
| 17 | | (b) Such reciprocal agreements or arrangements shall |
| 18 | | provide that vehicles duly registered or licensed in this |
| 19 | | State when operated upon the highways of such other |
| 20 | | jurisdictions, shall receive exemptions, benefits and |
| 21 | | privileges of a similar kind or to a similar degree as |
| 22 | | extended to vehicles from such jurisdictions in this |
| 23 | | State. |
| 24 | | (c) Such agreements or arrangements may also authorize |
| 25 | | the apportionment of registration or licensing of fleets |
| 26 | | of vehicles operated interstate, based on any or all of |
|
| | 10400SB3336sam001 | - 18 - | LRB104 20522 LNS 36494 a |
|
|
| 1 | | the following factors: ratio of miles in Illinois as |
| 2 | | against total miles in all jurisdictions; situs or base of |
| 3 | | a vehicle, or where it is principally garaged or from |
| 4 | | whence it is principally dispatched or where the movements |
| 5 | | of such vehicle usually originate; situs of the residence |
| 6 | | of the owner or operator thereof, or of his principal |
| 7 | | office or offices, or of his places of business; the |
| 8 | | routes traversed and whether regular or irregular routes |
| 9 | | are traversed, and the jurisdictions traversed and served; |
| 10 | | and such other factors as may be deemed material by the |
| 11 | | Secretary and the motor vehicle administrators of the |
| 12 | | other jurisdictions involved in such apportionment, and |
| 13 | | such vehicles shall likewise be entitled to reciprocal |
| 14 | | exemptions, benefits and privileges. |
| 15 | | (d) Such agreements or arrangements shall also provide |
| 16 | | that vehicles being operated in intrastate commerce in |
| 17 | | Illinois shall comply with the registration and licensing |
| 18 | | laws of this State, except that vehicles which are part of |
| 19 | | an apportioned fleet may conduct an intrastate operation |
| 20 | | incidental to their interstate operations. Any motor |
| 21 | | vehicle properly registered and qualified under any |
| 22 | | reciprocal agreement or arrangement under this Code and |
| 23 | | not having a situs or base within Illinois may complete |
| 24 | | the inbound movement of a trailer or semitrailer to an |
| 25 | | Illinois destination that was brought into Illinois by a |
| 26 | | motor vehicle also properly registered and qualified under |
|
| | 10400SB3336sam001 | - 19 - | LRB104 20522 LNS 36494 a |
|
|
| 1 | | this Code and not having a situs or base within Illinois, |
| 2 | | or may complete an outbound movement of a trailer or |
| 3 | | semitrailer to an out-of-state destination that was |
| 4 | | originated in Illinois by a motor vehicle also properly |
| 5 | | registered and qualified under this Code and not having a |
| 6 | | situs or base in Illinois, only if the operator thereof |
| 7 | | did not break bulk of the cargo laden in such inbound or |
| 8 | | outbound trailer or semitrailer. Adding or unloading |
| 9 | | intrastate cargo on such inbound or outbound trailer or |
| 10 | | semitrailer shall be deemed as breaking bulk. |
| 11 | | (e) Such agreements or arrangements may also provide |
| 12 | | for the determination of the proper State in which leased |
| 13 | | vehicles shall be registered based on the factors set out |
| 14 | | in subsection (c) above and for apportionment of |
| 15 | | registration of fleets of leased vehicles by the lessee or |
| 16 | | by the lessor who leases such vehicles to persons who are |
| 17 | | not fleet operators. |
| 18 | | (f) Such agreements or arrangements may also include |
| 19 | | reciprocal exemptions, benefits or privileges accruing |
| 20 | | under The Illinois Driver Licensing Law or The Driver |
| 21 | | License Compact. |
| 22 | | (4) The Secretary of State is further authorized to |
| 23 | | examine the laws and requirements of other jurisdictions, |
| 24 | | and, in the absence of a written agreement or arrangement, |
| 25 | | to issue a written declaration of the extent and nature of |
| 26 | | the exemptions, benefits and privileges accorded to |
|
| | 10400SB3336sam001 | - 20 - | LRB104 20522 LNS 36494 a |
|
|
| 1 | | vehicles of this State by such other jurisdictions, and |
| 2 | | the extent and nature of reciprocal exemptions, benefits |
| 3 | | and privileges thereby accorded by this State to the |
| 4 | | vehicles of such other jurisdictions. A declaration by the |
| 5 | | Secretary of State may include any, part or all reciprocal |
| 6 | | exemptions, benefits and privileges or provisions as may |
| 7 | | be included within an agreement or arrangement. |
| 8 | | (5) All agreements, arrangements, declarations and |
| 9 | | amendments thereto, shall be in writing and become |
| 10 | | effective when signed by the Secretary of State, and |
| 11 | | copies of all such documents shall be available to the |
| 12 | | public upon request. |
| 13 | | (6) The Secretary of State is further authorized to |
| 14 | | require the display by foreign registered trucks, |
| 15 | | truck-tractors and buses, entitled to reciprocal benefits, |
| 16 | | exemptions or privileges hereunder, a reciprocity permit |
| 17 | | for external display before any such reciprocal benefits, |
| 18 | | exemptions or privileges are granted. The Secretary of |
| 19 | | State shall provide suitable application forms for such |
| 20 | | permit and shall promulgate and publish reasonable rules |
| 21 | | and regulations for the administration and enforcement of |
| 22 | | the provisions of this Code including a provision for |
| 23 | | revocation of such permit as to any vehicle operated |
| 24 | | wilfully in violation of the terms of any reciprocal |
| 25 | | agreement, arrangement or declaration or in violation of |
| 26 | | the Illinois Motor Carrier of Property Law, as amended. |
|
| | 10400SB3336sam001 | - 21 - | LRB104 20522 LNS 36494 a |
|
|
| 1 | | (7)(a) Upon the suspension, revocation or denial of |
| 2 | | one or more of all reciprocal benefits, privileges and |
| 3 | | exemptions existing pursuant to the terms and provisions |
| 4 | | of this Code or by virtue of a reciprocal agreement or |
| 5 | | arrangement or declaration thereunder; or, upon the |
| 6 | | suspension, revocation or denial of a reciprocity permit; |
| 7 | | or, upon any action or inaction of the Secretary in the |
| 8 | | administration and enforcement of the provisions of this |
| 9 | | Code, any person, resident or nonresident, so aggrieved, |
| 10 | | may serve upon the Secretary, a petition in writing and |
| 11 | | under oath, setting forth the grievance of the petitioner, |
| 12 | | the grounds and basis for the relief sought, and all |
| 13 | | necessary facts and particulars, and request an |
| 14 | | administrative hearing thereon. Within 20 days, the |
| 15 | | Secretary shall set a hearing date as early as practical. |
| 16 | | The Secretary may, in his discretion, supply forms for |
| 17 | | such a petition. The Secretary may require the payment of |
| 18 | | a fee of not more than $50 for the filing of any petition, |
| 19 | | motion, or request for hearing conducted pursuant to this |
| 20 | | Section. These fees must be deposited into the Secretary |
| 21 | | of State DUI Administration Fund, a special fund that is |
| 22 | | hereby created in the State treasury, and, subject to |
| 23 | | appropriation and as directed by the Secretary of State, |
| 24 | | shall be used to fund the operation of the hearings |
| 25 | | department of the Office of the Secretary of State and for |
| 26 | | no other purpose. The Secretary shall establish by rule |
|
| | 10400SB3336sam001 | - 22 - | LRB104 20522 LNS 36494 a |
|
|
| 1 | | the amount and the procedures, terms, and conditions |
| 2 | | relating to these fees. |
| 3 | | (b) The Secretary may likewise, in his discretion and |
| 4 | | upon his own petition, order a hearing, when in his best |
| 5 | | judgment, any person is not entitled to the reciprocal |
| 6 | | benefits, privileges and exemptions existing pursuant to |
| 7 | | the terms and provisions of this Code or under a |
| 8 | | reciprocal agreement or arrangement or declaration |
| 9 | | thereunder or that a vehicle owned or operated by such |
| 10 | | person is improperly registered or licensed, or that an |
| 11 | | Illinois resident has improperly registered or licensed a |
| 12 | | vehicle in another jurisdiction for the purposes of |
| 13 | | violating or avoiding the registration laws of this State. |
| 14 | | (c) The Secretary shall notify a petitioner or any |
| 15 | | other person involved of such a hearing, by giving at |
| 16 | | least 10 days notice, in writing, by U.S. Mail, Registered |
| 17 | | or Certified, or by personal service, at the last known |
| 18 | | address of such petitioner or person, specifying the time |
| 19 | | and place of such hearing. Such hearing shall be held |
| 20 | | before the Secretary, or any person as he may designate, |
| 21 | | and unless the parties mutually agree to some other county |
| 22 | | in Illinois, the hearing shall be held in the County of |
| 23 | | Sangamon or the County of Cook. Appropriate records of the |
| 24 | | hearing shall be kept, and the Secretary shall issue or |
| 25 | | cause to be issued, his decision on the case, within 30 |
| 26 | | days after the close of such hearing or within 30 days |
|
| | 10400SB3336sam001 | - 23 - | LRB104 20522 LNS 36494 a |
|
|
| 1 | | after receipt of the transcript thereof, and a copy shall |
| 2 | | likewise be served or mailed to the petitioner or person |
| 3 | | involved. |
| 4 | | (d) The actions or inactions or determinations, or |
| 5 | | findings and decisions upon an administrative hearing, of |
| 6 | | the Secretary, shall be subject to judicial review in the |
| 7 | | Circuit Court of the County of Sangamon or the County of |
| 8 | | Cook, and the provisions of the Administrative Review Law, |
| 9 | | and all amendments and modifications thereof and rules |
| 10 | | adopted pursuant thereto, apply to and govern all such |
| 11 | | reviewable matters. |
| 12 | | Any reciprocal agreements or arrangements entered into |
| 13 | | by the Secretary of State or any declarations issued by |
| 14 | | the Secretary of State pursuant to any law in effect prior |
| 15 | | to the effective date of this Code are not hereby |
| 16 | | abrogated, and such shall continue in force and effect |
| 17 | | until amended pursuant to the provisions of this Code or |
| 18 | | expire pursuant to the terms or provisions thereof. |
| 19 | | C. Vehicles purchased out-of-state. A resident of this |
| 20 | | State who purchases a vehicle in another state and transports |
| 21 | | the vehicle to Illinois shall apply for registration and |
| 22 | | certificate of title as soon as practicable, but in no event |
| 23 | | more than 45 days after the purchase of the vehicle. If an |
| 24 | | Illinois motorist who purchased a vehicle from an out-of-state |
| 25 | | licensed dealer is unable to meet the 45-day deadline due to a |
| 26 | | delay in paperwork from the seller, that motorist may obtain |
|
| | 10400SB3336sam001 | - 24 - | LRB104 20522 LNS 36494 a |
|
|
| 1 | | an Illinois temporary registration plate with: (i) proof of |
| 2 | | purchase; (ii) proof of meeting the Illinois driver's license |
| 3 | | or identification card requirement; and (iii) proof that |
| 4 | | Illinois title and registration fees have been paid. If fees |
| 5 | | have not been paid, the motorist may pay the fees in order to |
| 6 | | obtain the temporary registration plate. The owner of such a |
| 7 | | vehicle shall display any temporary permit or registration |
| 8 | | issued in accordance with Section 3-407. |
| 9 | | (Source: P.A. 103-209, eff. 1-1-24; 103-899, eff. 8-9-24; |
| 10 | | 104-417, eff. 8-15-25.) |
| 11 | | (625 ILCS 5/6-102) (from Ch. 95 1/2, par. 6-102) |
| 12 | | Sec. 6-102. What persons are exempt. The following persons |
| 13 | | are exempt from the requirements of Section 6-101 and are not |
| 14 | | required to have an Illinois drivers license or permit if one |
| 15 | | or more of the following qualifying exemptions are met and |
| 16 | | apply: |
| 17 | | 1. Any employee of the United States Government or any |
| 18 | | member of the Armed Forces of the United States, while |
| 19 | | operating a motor vehicle owned by or leased to the United |
| 20 | | States Government and being operated on official business |
| 21 | | need not be licensed; |
| 22 | | 2. A nonresident who has in his immediate possession a |
| 23 | | valid license issued to him in his home state or country |
| 24 | | may operate a motor vehicle for which he is licensed for |
| 25 | | the period during which he is in this State; |
|
| | 10400SB3336sam001 | - 25 - | LRB104 20522 LNS 36494 a |
|
|
| 1 | | 3. A nonresident and his spouse and children living |
| 2 | | with him who is a student at a college or university in |
| 3 | | Illinois who have a valid license issued by their home |
| 4 | | State. |
| 5 | | 4. A person operating a road machine temporarily upon |
| 6 | | a highway or operating a farm tractor between the home |
| 7 | | farm buildings and any adjacent or nearby farm land for |
| 8 | | the exclusive purpose of conducting farm operations need |
| 9 | | not be licensed as a driver. |
| 10 | | 5. A resident of this State who has been serving as a |
| 11 | | member or as a civilian employee of the Armed Forces of the |
| 12 | | United States, or as a civilian employee of the United |
| 13 | | States Department of Defense, outside the Continental |
| 14 | | limits of the United States, for a period of 120 days |
| 15 | | following his return to the continental limits of the |
| 16 | | United States. |
| 17 | | 6. A nonresident on active duty in the Armed Forces of |
| 18 | | the United States who has a valid license issued by his |
| 19 | | home state and such nonresident's spouse, and dependent |
| 20 | | children and living with parents, who have a valid license |
| 21 | | issued by their home state. |
| 22 | | 7. A nonresident who becomes a resident of this State, |
| 23 | | may for a period of the first 90 days of residence in |
| 24 | | Illinois operate any motor vehicle which he was qualified |
| 25 | | or licensed to drive by his home state or country so long |
| 26 | | as he has in his possession, a valid and current license |
|
| | 10400SB3336sam001 | - 26 - | LRB104 20522 LNS 36494 a |
|
|
| 1 | | issued to him by his home state or country. Upon |
| 2 | | expiration of such 90 day period, such new resident must |
| 3 | | comply with the provisions of this Act and apply for an |
| 4 | | Illinois license or permit. |
| 5 | | 8. An engineer, conductor, brakeman, or any other |
| 6 | | member of the crew of a locomotive or train being operated |
| 7 | | upon rails, including operation on a railroad crossing |
| 8 | | over a public street, road or highway. Such person is not |
| 9 | | required to display a driver's license to any law |
| 10 | | enforcement officer in connection with the operation of a |
| 11 | | locomotive or train within this State. |
| 12 | | 9. Persons operating low-speed electric scooters in |
| 13 | | accordance with Section 11-1518. |
| 14 | | 10. Persons operating an electric micromobility |
| 15 | | device. |
| 16 | | The provisions of this Section granting exemption to any |
| 17 | | nonresident shall be operative to the same extent that the |
| 18 | | laws of the State or country of such nonresident grant like |
| 19 | | exemption to residents of this State. |
| 20 | | The Secretary of State may implement the exemption |
| 21 | | provisions of this Section by inclusion thereof in a |
| 22 | | reciprocity agreement, arrangement or declaration issued |
| 23 | | pursuant to this Act. |
| 24 | | (Source: P.A. 103-899, eff. 8-9-24.) |
| 25 | | (625 ILCS 5/11-317 new) |
|
| | 10400SB3336sam001 | - 27 - | LRB104 20522 LNS 36494 a |
|
|
| 1 | | Sec. 11-317. Motor driven cycle prohibition signage. On |
| 2 | | any highway, sidewalk, bicycle lane, bicycle path, shared-use |
| 3 | | path, off-road bicycle trail or natural surface trail |
| 4 | | designated for bicycle use, or any other bicycle-specific |
| 5 | | facility established under State or local law for which use of |
| 6 | | motor driven cycles has been prohibited under Section |
| 7 | | 11-1403.4, the State or local government entity having |
| 8 | | jurisdiction shall erect permanent signage that notifies users |
| 9 | | that operation of motor driven cycles is strictly prohibited. |
| 10 | | (625 ILCS 5/11-501) (from Ch. 95 1/2, par. 11-501) |
| 11 | | Sec. 11-501. Driving while under the influence of alcohol, |
| 12 | | other drug or drugs, intoxicating compound or compounds or any |
| 13 | | combination thereof. |
| 14 | | (a) A person shall not drive or be in actual physical |
| 15 | | control of any vehicle within this State while: |
| 16 | | (1) the alcohol concentration in the person's blood, |
| 17 | | other bodily substance, or breath is 0.08 or more based on |
| 18 | | the definition of blood and breath units in Section |
| 19 | | 11-501.2; |
| 20 | | (2) under the influence of alcohol; |
| 21 | | (3) under the influence of any intoxicating compound |
| 22 | | or combination of intoxicating compounds to a degree that |
| 23 | | renders the person incapable of driving safely; |
| 24 | | (4) under the influence of any other drug or |
| 25 | | combination of drugs to a degree that renders the person |
|
| | 10400SB3336sam001 | - 28 - | LRB104 20522 LNS 36494 a |
|
|
| 1 | | incapable of safely driving; |
| 2 | | (5) under the combined influence of alcohol, other |
| 3 | | drug or drugs, or intoxicating compound or compounds to a |
| 4 | | degree that renders the person incapable of safely |
| 5 | | driving; |
| 6 | | (6) there is any amount of a drug, substance, or |
| 7 | | compound in the person's breath, blood, other bodily |
| 8 | | substance, or urine resulting from the unlawful use or |
| 9 | | consumption of a controlled substance listed in the |
| 10 | | Illinois Controlled Substances Act, an intoxicating |
| 11 | | compound listed in the Use of Intoxicating Compounds Act, |
| 12 | | or methamphetamine as listed in the Methamphetamine |
| 13 | | Control and Community Protection Act; or |
| 14 | | (7) the person has, within 2 hours of driving or being |
| 15 | | in actual physical control of a vehicle, a |
| 16 | | tetrahydrocannabinol concentration in the person's whole |
| 17 | | blood or other bodily substance as defined in paragraph 6 |
| 18 | | of subsection (a) of Section 11-501.2 of this Code. |
| 19 | | Subject to all other requirements and provisions under |
| 20 | | this Section, this paragraph (7) does not apply to the |
| 21 | | lawful consumption of cannabis by a qualifying patient |
| 22 | | licensed under the Compassionate Use of Medical Cannabis |
| 23 | | Program Act who is in possession of a valid registry card |
| 24 | | issued under that Act, unless that person is impaired by |
| 25 | | the use of cannabis. |
| 26 | | (a-5) The requirements of this Section also apply to |
|
| | 10400SB3336sam001 | - 29 - | LRB104 20522 LNS 36494 a |
|
|
| 1 | | low-speed electric bicycles and low-speed gas bicycles that |
| 2 | | are operated by a person who is under the influence of alcohol, |
| 3 | | other drug or drugs, intoxicating compound or compounds or any |
| 4 | | combination thereof. |
| 5 | | (b) The fact that any person charged with violating this |
| 6 | | Section is or has been legally entitled to use alcohol, |
| 7 | | cannabis under the Compassionate Use of Medical Cannabis |
| 8 | | Program Act, other drug or drugs, or intoxicating compound or |
| 9 | | compounds, or any combination thereof, shall not constitute a |
| 10 | | defense against any charge of violating this Section. |
| 11 | | (c) Penalties. |
| 12 | | (1) Except as otherwise provided in this Section, any |
| 13 | | person convicted of violating subsection (a) of this |
| 14 | | Section is guilty of a Class A misdemeanor. |
| 15 | | (2) A person who violates subsection (a) or a similar |
| 16 | | provision a second time shall be sentenced to a mandatory |
| 17 | | minimum term of either 5 days of imprisonment or 240 hours |
| 18 | | of community service in addition to any other criminal or |
| 19 | | administrative sanction. |
| 20 | | (3) A person who violates subsection (a) is subject to |
| 21 | | 6 months of imprisonment, an additional mandatory minimum |
| 22 | | fine of $1,000, and 25 days of community service in a |
| 23 | | program benefiting children if the person was transporting |
| 24 | | a person under the age of 16 at the time of the violation. |
| 25 | | (4) A person who violates subsection (a) a first time, |
| 26 | | if the alcohol concentration in his or her blood, breath, |
|
| | 10400SB3336sam001 | - 30 - | LRB104 20522 LNS 36494 a |
|
|
| 1 | | other bodily substance, or urine was 0.16 or more based on |
| 2 | | the definition of blood, breath, other bodily substance, |
| 3 | | or urine units in Section 11-501.2, shall be subject, in |
| 4 | | addition to any other penalty that may be imposed, to a |
| 5 | | mandatory minimum of 100 hours of community service and a |
| 6 | | mandatory minimum fine of $500. |
| 7 | | (5) A person who violates subsection (a) a second |
| 8 | | time, if at the time of the second violation the alcohol |
| 9 | | concentration in his or her blood, breath, other bodily |
| 10 | | substance, or urine was 0.16 or more based on the |
| 11 | | definition of blood, breath, other bodily substance, or |
| 12 | | urine units in Section 11-501.2, shall be subject, in |
| 13 | | addition to any other penalty that may be imposed, to a |
| 14 | | mandatory minimum of 2 days of imprisonment and a |
| 15 | | mandatory minimum fine of $1,250. |
| 16 | | (d) Aggravated driving under the influence of alcohol, |
| 17 | | other drug or drugs, or intoxicating compound or compounds, or |
| 18 | | any combination thereof. |
| 19 | | (1) Every person convicted of committing a violation |
| 20 | | of this Section shall be guilty of aggravated driving |
| 21 | | under the influence of alcohol, other drug or drugs, or |
| 22 | | intoxicating compound or compounds, or any combination |
| 23 | | thereof if: |
| 24 | | (A) the person committed a violation of subsection |
| 25 | | (a) or a similar provision for the third or subsequent |
| 26 | | time; |
|
| | 10400SB3336sam001 | - 31 - | LRB104 20522 LNS 36494 a |
|
|
| 1 | | (B) the person committed a violation of subsection |
| 2 | | (a) while driving a school bus with one or more |
| 3 | | passengers on board; |
| 4 | | (C) the person in committing a violation of |
| 5 | | subsection (a) was involved in a motor vehicle crash |
| 6 | | that resulted in great bodily harm or permanent |
| 7 | | disability or disfigurement to another, when the |
| 8 | | violation was a proximate cause of the injuries; |
| 9 | | (D) the person committed a violation of subsection |
| 10 | | (a) and has been previously convicted of violating |
| 11 | | Section 9-3 of the Criminal Code of 1961 or the |
| 12 | | Criminal Code of 2012 or a similar provision of a law |
| 13 | | of another state relating to reckless homicide in |
| 14 | | which the person was determined to have been under the |
| 15 | | influence of alcohol, other drug or drugs, or |
| 16 | | intoxicating compound or compounds as an element of |
| 17 | | the offense or the person has previously been |
| 18 | | convicted under subparagraph (C) or subparagraph (F) |
| 19 | | of this paragraph (1); |
| 20 | | (E) the person, in committing a violation of |
| 21 | | subsection (a) while driving at any speed in a school |
| 22 | | speed zone at a time when a speed limit of 20 miles per |
| 23 | | hour was in effect under subsection (a) of Section |
| 24 | | 11-605 of this Code, was involved in a motor vehicle |
| 25 | | crash that resulted in bodily harm, other than great |
| 26 | | bodily harm or permanent disability or disfigurement, |
|
| | 10400SB3336sam001 | - 32 - | LRB104 20522 LNS 36494 a |
|
|
| 1 | | to another person, when the violation of subsection |
| 2 | | (a) was a proximate cause of the bodily harm; |
| 3 | | (F) the person, in committing a violation of |
| 4 | | subsection (a), was involved in a motor vehicle crash |
| 5 | | or snowmobile, all-terrain vehicle, or watercraft |
| 6 | | accident that resulted in the death of another person, |
| 7 | | when the violation of subsection (a) was a proximate |
| 8 | | cause of the death; |
| 9 | | (G) the person committed a violation of subsection |
| 10 | | (a) during a period in which the defendant's driving |
| 11 | | privileges are revoked or suspended, where the |
| 12 | | revocation or suspension was for a violation of |
| 13 | | subsection (a) or a similar provision, Section |
| 14 | | 11-501.1, paragraph (b) of Section 11-401, or for |
| 15 | | reckless homicide as defined in Section 9-3 of the |
| 16 | | Criminal Code of 1961 or the Criminal Code of 2012; |
| 17 | | (H) the person committed the violation while he or |
| 18 | | she did not possess a driver's license or permit or a |
| 19 | | restricted driving permit or a judicial driving permit |
| 20 | | or a monitoring device driving permit; |
| 21 | | (I) the person committed the violation while he or |
| 22 | | she knew or should have known that the vehicle he or |
| 23 | | she was driving was not covered by a liability |
| 24 | | insurance policy; |
| 25 | | (J) the person in committing a violation of |
| 26 | | subsection (a) was involved in a motor vehicle crash |
|
| | 10400SB3336sam001 | - 33 - | LRB104 20522 LNS 36494 a |
|
|
| 1 | | that resulted in bodily harm, but not great bodily |
| 2 | | harm, to the child under the age of 16 being |
| 3 | | transported by the person, if the violation was the |
| 4 | | proximate cause of the injury; |
| 5 | | (K) the person in committing a second violation of |
| 6 | | subsection (a) or a similar provision was transporting |
| 7 | | a person under the age of 16; or |
| 8 | | (L) the person committed a violation of subsection |
| 9 | | (a) of this Section while transporting one or more |
| 10 | | passengers in a vehicle for-hire. |
| 11 | | (2)(A) Except as provided otherwise, a person |
| 12 | | convicted of aggravated driving under the influence of |
| 13 | | alcohol, other drug or drugs, or intoxicating compound or |
| 14 | | compounds, or any combination thereof is guilty of a Class |
| 15 | | 4 felony. |
| 16 | | (B) A third violation of this Section or a similar |
| 17 | | provision is a Class 2 felony. If at the time of the third |
| 18 | | violation the alcohol concentration in his or her blood, |
| 19 | | breath, other bodily substance, or urine was 0.16 or more |
| 20 | | based on the definition of blood, breath, other bodily |
| 21 | | substance, or urine units in Section 11-501.2, a mandatory |
| 22 | | minimum of 90 days of imprisonment and a mandatory minimum |
| 23 | | fine of $2,500 shall be imposed in addition to any other |
| 24 | | criminal or administrative sanction. If at the time of the |
| 25 | | third violation, the defendant was transporting a person |
| 26 | | under the age of 16, a mandatory fine of $25,000 and 25 |
|
| | 10400SB3336sam001 | - 34 - | LRB104 20522 LNS 36494 a |
|
|
| 1 | | days of community service in a program benefiting children |
| 2 | | shall be imposed in addition to any other criminal or |
| 3 | | administrative sanction. |
| 4 | | (C) A fourth violation of this Section or a similar |
| 5 | | provision is a Class 2 felony, for which a sentence of |
| 6 | | probation or conditional discharge may not be imposed. If |
| 7 | | at the time of the violation, the alcohol concentration in |
| 8 | | the defendant's blood, breath, other bodily substance, or |
| 9 | | urine was 0.16 or more based on the definition of blood, |
| 10 | | breath, other bodily substance, or urine units in Section |
| 11 | | 11-501.2, a mandatory minimum fine of $5,000 shall be |
| 12 | | imposed in addition to any other criminal or |
| 13 | | administrative sanction. If at the time of the fourth |
| 14 | | violation, the defendant was transporting a person under |
| 15 | | the age of 16 a mandatory fine of $25,000 and 25 days of |
| 16 | | community service in a program benefiting children shall |
| 17 | | be imposed in addition to any other criminal or |
| 18 | | administrative sanction. |
| 19 | | (D) A fifth violation of this Section or a similar |
| 20 | | provision is a Class 1 felony, for which a sentence of |
| 21 | | probation or conditional discharge may not be imposed. If |
| 22 | | at the time of the violation, the alcohol concentration in |
| 23 | | the defendant's blood, breath, other bodily substance, or |
| 24 | | urine was 0.16 or more based on the definition of blood, |
| 25 | | breath, other bodily substance, or urine units in Section |
| 26 | | 11-501.2, a mandatory minimum fine of $5,000 shall be |
|
| | 10400SB3336sam001 | - 35 - | LRB104 20522 LNS 36494 a |
|
|
| 1 | | imposed in addition to any other criminal or |
| 2 | | administrative sanction. If at the time of the fifth |
| 3 | | violation, the defendant was transporting a person under |
| 4 | | the age of 16, a mandatory fine of $25,000, and 25 days of |
| 5 | | community service in a program benefiting children shall |
| 6 | | be imposed in addition to any other criminal or |
| 7 | | administrative sanction. |
| 8 | | (E) A sixth or subsequent violation of this Section or |
| 9 | | similar provision is a Class X felony. If at the time of |
| 10 | | the violation, the alcohol concentration in the |
| 11 | | defendant's blood, breath, other bodily substance, or |
| 12 | | urine was 0.16 or more based on the definition of blood, |
| 13 | | breath, other bodily substance, or urine units in Section |
| 14 | | 11-501.2, a mandatory minimum fine of $5,000 shall be |
| 15 | | imposed in addition to any other criminal or |
| 16 | | administrative sanction. If at the time of the violation, |
| 17 | | the defendant was transporting a person under the age of |
| 18 | | 16, a mandatory fine of $25,000 and 25 days of community |
| 19 | | service in a program benefiting children shall be imposed |
| 20 | | in addition to any other criminal or administrative |
| 21 | | sanction. |
| 22 | | (F) For a violation of subparagraph (C) of paragraph |
| 23 | | (1) of this subsection (d), the defendant, if sentenced to |
| 24 | | a term of imprisonment, shall be sentenced to not less |
| 25 | | than one year nor more than 12 years. |
| 26 | | (G) A violation of subparagraph (F) of paragraph (1) |
|
| | 10400SB3336sam001 | - 36 - | LRB104 20522 LNS 36494 a |
|
|
| 1 | | of this subsection (d) is a Class 2 felony, for which the |
| 2 | | defendant, unless the court determines that extraordinary |
| 3 | | circumstances exist and require probation, shall be |
| 4 | | sentenced to: (i) a term of imprisonment of not less than 3 |
| 5 | | years and not more than 14 years if the violation resulted |
| 6 | | in the death of one person; or (ii) a term of imprisonment |
| 7 | | of not less than 6 years and not more than 28 years if the |
| 8 | | violation resulted in the deaths of 2 or more persons. |
| 9 | | (H) For a violation of subparagraph (J) of paragraph |
| 10 | | (1) of this subsection (d), a mandatory fine of $2,500, |
| 11 | | and 25 days of community service in a program benefiting |
| 12 | | children shall be imposed in addition to any other |
| 13 | | criminal or administrative sanction. |
| 14 | | (I) A violation of subparagraph (K) of paragraph (1) |
| 15 | | of this subsection (d), is a Class 2 felony and a mandatory |
| 16 | | fine of $2,500, and 25 days of community service in a |
| 17 | | program benefiting children shall be imposed in addition |
| 18 | | to any other criminal or administrative sanction. If the |
| 19 | | child being transported suffered bodily harm, but not |
| 20 | | great bodily harm, in a motor vehicle crash, and the |
| 21 | | violation was the proximate cause of that injury, a |
| 22 | | mandatory fine of $5,000 and 25 days of community service |
| 23 | | in a program benefiting children shall be imposed in |
| 24 | | addition to any other criminal or administrative sanction. |
| 25 | | (J) A violation of subparagraph (D) of paragraph (1) |
| 26 | | of this subsection (d) is a Class 3 felony, for which a |
|
| | 10400SB3336sam001 | - 37 - | LRB104 20522 LNS 36494 a |
|
|
| 1 | | sentence of probation or conditional discharge may not be |
| 2 | | imposed. |
| 3 | | (3) Any person sentenced under this subsection (d) who |
| 4 | | receives a term of probation or conditional discharge must |
| 5 | | serve a minimum term of either 480 hours of community |
| 6 | | service or 10 days of imprisonment as a condition of the |
| 7 | | probation or conditional discharge in addition to any |
| 8 | | other criminal or administrative sanction. |
| 9 | | (e) Any reference to a prior violation of subsection (a) |
| 10 | | or a similar provision includes any violation of a provision |
| 11 | | of a local ordinance or a provision of a law of another state |
| 12 | | or an offense committed on a military installation that is |
| 13 | | similar to a violation of subsection (a) of this Section. |
| 14 | | (f) The imposition of a mandatory term of imprisonment or |
| 15 | | assignment of community service for a violation of this |
| 16 | | Section shall not be suspended or reduced by the court. |
| 17 | | (g) Any penalty imposed for driving with a license that |
| 18 | | has been revoked for a previous violation of subsection (a) of |
| 19 | | this Section shall be in addition to the penalty imposed for |
| 20 | | any subsequent violation of subsection (a). |
| 21 | | (h) For any prosecution under this Section, a certified |
| 22 | | copy of the driving abstract of the defendant shall be |
| 23 | | admitted as proof of any prior conviction. |
| 24 | | (Source: P.A. 101-363, eff. 8-9-19; 102-982, eff. 7-1-23.) |
| 25 | | (625 ILCS 5/11-1008.5 new) |
|
| | 10400SB3336sam001 | - 38 - | LRB104 20522 LNS 36494 a |
|
|
| 1 | | Sec. 11-1008.5. Toy vehicles. Toy vehicles shall only be |
| 2 | | operated on sidewalks and paths designated for bicycles. Every |
| 3 | | person operating a toy vehicle upon a sidewalk or bicycle path |
| 4 | | shall be granted all the rights and shall be subject to all the |
| 5 | | duties applicable to a pedestrian. The driver of a vehicle |
| 6 | | shall yield the right-of-way to any person operating a toy |
| 7 | | vehicle. The use of toy vehicles on property owned, managed, |
| 8 | | or leased by any park district, forest preserve district, or |
| 9 | | conservation district is allowed unless specifically |
| 10 | | prohibited in an ordinance or resolution adopted by the park |
| 11 | | district, forest preserve district, or conservation district. |
| 12 | | The Department of Natural Resources is authorized to adopt |
| 13 | | administrative rules for the regulation of toy vehicles on any |
| 14 | | and all properties owned, managed, or leased by the Department |
| 15 | | of Natural Resources. No person shall knowingly tamper with or |
| 16 | | modify the speed capability or engagement of a toy vehicle |
| 17 | | beyond the original speed capabilities of the device. |
| 18 | | (625 ILCS 5/11-1403.4 new) |
| 19 | | Sec. 11-1403.4. Operation of motor driven cycles. |
| 20 | | (a) Except as otherwise provided in this Section, a person |
| 21 | | may operate a motor driven cycle upon any public highway, |
| 22 | | street, or roadway in this State. |
| 23 | | (b) Motor driven cycles shall not be operated on any |
| 24 | | sidewalk, bicycle lane, bicycle path, shared-use path, |
| 25 | | off-road bicycle trail or natural surface trail designated for |
|
| | 10400SB3336sam001 | - 39 - | LRB104 20522 LNS 36494 a |
|
|
| 1 | | bicycle use, or any other bicycle-specific facility |
| 2 | | established under State or local law. For purposes of this |
| 3 | | subsection, "shared-use path" means any paved, off-street |
| 4 | | travel way designed to serve non-motorized vehicles and |
| 5 | | travelers. |
| 6 | | (c) Motor driven cycles shall not be operated upon |
| 7 | | interstate highways or upon public highways divided by a grass |
| 8 | | or concrete median or highways with posted speed limits in |
| 9 | | excess of 55 miles per hour or upon any public land where |
| 10 | | expressly prohibited by the State governing body, department, |
| 11 | | or agency having jurisdiction thereof. |
| 12 | | (d) No person shall operate a motor driven cycle unless |
| 13 | | that person is in possession of a valid driver's license. |
| 14 | | Pursuant to Section 6-107.1, the Secretary may issue an |
| 15 | | instruction permit to a person 16 or 17 years of age that |
| 16 | | entitles the holder to drive upon the highways during daylight |
| 17 | | under direct supervision of a licensed motor driven cycle |
| 18 | | operator 21 years of age or older who has a license |
| 19 | | classification to operate such motor driven cycle and at least |
| 20 | | one year of driving experience. |
| 21 | | (e) A person may not operate a motor driven cycle while |
| 22 | | carrying a passenger unless that motor driven cycle was |
| 23 | | manufactured to carry a passenger. |
| 24 | | (f) A motor driven cycle manufactured to accommodate |
| 25 | | passengers may not be operated by a person under the age of 18 |
| 26 | | while transporting a passenger unless the passenger is a |
|
| | 10400SB3336sam001 | - 40 - | LRB104 20522 LNS 36494 a |
|
|
| 1 | | sibling, stepsibling, child, or stepchild of the operator. |
| 2 | | (g) Each motor driven cycle shall be equipped with a |
| 3 | | speedometer that displays the speed of travel in miles per |
| 4 | | hour. Each motor driven cycle shall also be equipped with or |
| 5 | | display a vehicle identification number and conform with all |
| 6 | | federal vehicle safety standards as well as meet all |
| 7 | | applicable equipment requirements specified in this Article |
| 8 | | and Chapter 12. No person shall knowingly tamper with or |
| 9 | | modify the speed capability or engagement of a motor driven |
| 10 | | cycle beyond its originally intended capability. |
| 11 | | (h) Except as otherwise provided in this Section, every |
| 12 | | person operating a motor driven cycle upon a highway shall be |
| 13 | | granted all of the rights allowed under this Chapter, and |
| 14 | | shall be subject to all of the duties applicable to the driver |
| 15 | | of a vehicle by this Code, except as to any applicable special |
| 16 | | rules and those provisions of this Code which by their nature |
| 17 | | can have no application. |
| 18 | | (i) No retailer, wholesaler, distributor, or manufacturer |
| 19 | | shall market, advertise, label, or otherwise offer for sale a |
| 20 | | motor driven cycle in any manner that would reasonably cause a |
| 21 | | consumer to believe that the vehicle is a device that is not |
| 22 | | subject to the requirements of this Section. Any violation of |
| 23 | | this subsection constitutes an unlawful practice under the |
| 24 | | Consumer Fraud and Deceptive Business Practices Act, and is |
| 25 | | enforceable by the Attorney General or State's Attorneys under |
| 26 | | the Consumer Fraud and Deceptive Business Practices Act. Law |
|
| | 10400SB3336sam001 | - 41 - | LRB104 20522 LNS 36494 a |
|
|
| 1 | | enforcement officers are authorized to seize or impound |
| 2 | | vehicles marketed or sold in violation of this subsection, |
| 3 | | pending resolution of proceedings initiated pursuant to the |
| 4 | | Consumer Fraud and Deceptive Business Practices Act. In |
| 5 | | addition to any penalty authorized under this subsection, the |
| 6 | | law enforcement agency may provide for the release of properly |
| 7 | | impounded vehicles and for the imposition of a reasonable |
| 8 | | administrative fee related to its confiscation and impounding. |
| 9 | | A retailer, wholesaler, distributor, or manufacturer that |
| 10 | | violates this subsection is subject to a civil penalty not |
| 11 | | exceeding $10,000 for each violation. Each mislabeled or |
| 12 | | falsely marketed vehicle constitutes a separate violation. |
| 13 | | (j) Any motor driven cycle found to be in violation of this |
| 14 | | Section may, in the discretion of the law enforcement agency |
| 15 | | having jurisdiction, be subject to confiscation and |
| 16 | | impoundment. The law enforcement agency may provide for the |
| 17 | | release of properly impounded vehicles and for the imposition |
| 18 | | of a reasonable administrative fee related to its confiscation |
| 19 | | and impounding. The administrative fee shall be waived upon |
| 20 | | verifiable proof that the vehicle was stolen or hijacked at |
| 21 | | the time the vehicle was impounded. |
| 22 | | (k) No unit of local government, including a home rule |
| 23 | | unit, may regulate motor driven cycles. This subsection (k) is |
| 24 | | a denial and limitation of home rule powers and functions |
| 25 | | under subsection (h) of Section 6 of Article VII of the |
| 26 | | Illinois Constitution, and is an exercise of exclusive State |
|
| | 10400SB3336sam001 | - 42 - | LRB104 20522 LNS 36494 a |
|
|
| 1 | | power which may not be exercised concurrently by a home rule |
| 2 | | unit. |
| 3 | | (l) Every owner of a motor driven cycle is subject to the |
| 4 | | mandatory insurance requirements specified in Article VI of |
| 5 | | Chapter 7 of this Code. |
| 6 | | (m) The Secretary may adopt any rules necessary to |
| 7 | | implement this Section. |
| 8 | | (625 ILCS 5/11-1435 new) |
| 9 | | Sec. 11-1435. Operation of electric micromobility devices. |
| 10 | | (a) Except as otherwise provided in this Section, a person |
| 11 | | may operate an electric micromobility device upon any highway, |
| 12 | | street, roadway, bicycle lane, or bicycle path in this State. |
| 13 | | A person operating an electric micromobility device upon a |
| 14 | | highway, street, or roadway may not otherwise impede or |
| 15 | | obstruct other vehicular traffic. |
| 16 | | (b) An electric micromobility device shall not be operated |
| 17 | | on: |
| 18 | | (1) a sidewalk; |
| 19 | | (2) a highway with a posted speed limit in excess of 45 |
| 20 | | miles per hour, unless there is a designated bicycle lane |
| 21 | | on such highway; or |
| 22 | | (3) an interstate highway. |
| 23 | | Additionally, any such electric micromobility device |
| 24 | | capable of operating in excess of 28 miles per hour shall be |
| 25 | | prohibited from operating on any public highway, regardless of |
|
| | 10400SB3336sam001 | - 43 - | LRB104 20522 LNS 36494 a |
|
|
| 1 | | posted speed limit, and shall further be prohibited from |
| 2 | | bicycle lanes and bicycle paths. |
| 3 | | (c) The Department of Transportation, the Department of |
| 4 | | Natural Resources, or a unit of local government may adopt, by |
| 5 | | ordinance, resolution, or administrative rule, rules |
| 6 | | prohibiting the use of electric micromobility devices upon any |
| 7 | | highway, street, roadway, bicycle lane, or bicycle path under |
| 8 | | its jurisdiction. |
| 9 | | (d) A person may not operate an electric micromobility |
| 10 | | device unless he or she is 16 years of age or older. |
| 11 | | (e) Every electric micromobility device shall be equipped |
| 12 | | with a functioning brake that will adequately control movement |
| 13 | | of and stop and hold the device. Every electric micromobility |
| 14 | | device, when in use at nighttime, shall also be equipped with a |
| 15 | | lamp on the front that emits a white light visible from a |
| 16 | | distance of at least 500 feet to the front and with a red |
| 17 | | reflector on the rear that is visible from all distances from |
| 18 | | 100 feet to 600 feet to the rear when directly in front of |
| 19 | | lawful lower beams of headlamps on a motor vehicle, except |
| 20 | | that a lamp emitting a steady or flashing red light visible |
| 21 | | from a distance of 500 feet to the rear may be used in addition |
| 22 | | to or instead of the red reflector. A person operating an |
| 23 | | electric micromobility device at nighttime may also use a |
| 24 | | headlamp equipped with lighting sufficient to meet the |
| 25 | | visibility requirements of this subsection. |
| 26 | | (f) An electric micromobility device may be parked in the |
|
| | 10400SB3336sam001 | - 44 - | LRB104 20522 LNS 36494 a |
|
|
| 1 | | same manner and at the same locations as a bicycle may be |
| 2 | | parked; however, such device must not obstruct any sidewalk or |
| 3 | | pedestrian right-of-way. |
| 4 | | (g) A person may not use an electric micromobility device |
| 5 | | to carry a passenger unless the device was originally designed |
| 6 | | to carry more than one person at a time. |
| 7 | | (h) No person riding upon any electric micromobility |
| 8 | | device shall attach the device or himself or herself to any |
| 9 | | vehicle upon a roadway. |
| 10 | | (i) No person shall knowingly tamper with or modify the |
| 11 | | speed capability or engagement of an electric micromobility |
| 12 | | device beyond the original speed capability of the device. |
| 13 | | (j) A person may not operate an electric micromobility |
| 14 | | device while under the influence of alcohol or any drug. |
| 15 | | (k) Every electric micromobility device shall be |
| 16 | | well-maintained and in good operating condition. |
| 17 | | (l) An electric micromobility device shall not be equipped |
| 18 | | with a siren nor shall any person use any siren upon an |
| 19 | | electric micromobility device. This subsection does not apply |
| 20 | | to an electric micromobility device used by a police or fire |
| 21 | | department. |
| 22 | | (m) Any electric micromobility device operated in |
| 23 | | violation of or found to be in violation of this Section, or |
| 24 | | any local ordinance adopted pursuant to this Section, may, in |
| 25 | | the discretion of the unit of local government or law |
| 26 | | enforcement agency having jurisdiction, be subject to |
|
| | 10400SB3336sam001 | - 45 - | LRB104 20522 LNS 36494 a |
|
|
| 1 | | confiscation and impoundment. The unit of local government or |
| 2 | | law enforcement agency may provide for the release of properly |
| 3 | | impounded vehicles and for the imposition of a reasonable |
| 4 | | administrative fee related to its confiscation and impounding. |
| 5 | | The administrative fee shall be waived upon verifiable proof |
| 6 | | that the vehicle was stolen or hijacked at the time the vehicle |
| 7 | | was impounded. |
| 8 | | (n) Every person operating an electric micromobility |
| 9 | | device upon a highway shall be granted all of the rights |
| 10 | | allowed by this Chapter, and shall be subject to all of the |
| 11 | | duties applicable to the driver of a vehicle by this Code, |
| 12 | | except as to any applicable special rules and those provisions |
| 13 | | of this Code which by their nature can have no application. |
| 14 | | (o) The mandatory insurance requirements specified under |
| 15 | | Article VI of Chapter 7 of this Code shall not apply to an |
| 16 | | electric micromobility device. |
| 17 | | (p) No unit of local government, including a home rule |
| 18 | | unit, may regulate electric micromobility devices in a manner |
| 19 | | that is less restrictive than this Section. This subsection is |
| 20 | | a limitation under subsection (i) of Section 6 of Article VII |
| 21 | | of the Illinois Constitution on the concurrent exercise by |
| 22 | | home rule units of powers and functions exercised by the |
| 23 | | State. |
| 24 | | (q) The Secretary may adopt any rules necessary to |
| 25 | | implement this Section. |
|
| | 10400SB3336sam001 | - 46 - | LRB104 20522 LNS 36494 a |
|
|
| 1 | | (625 ILCS 5/11-1517) |
| 2 | | Sec. 11-1517. Low-speed electric bicycles. |
| 3 | | (a) Except as otherwise provided in this Section, the |
| 4 | | provisions of this Chapter that apply to bicycles also apply |
| 5 | | to low-speed electric bicycles. |
| 6 | | (b) Each low-speed electric bicycle operating in this |
| 7 | | State shall comply with equipment and manufacturing |
| 8 | | requirements adopted by the United States Consumer Product |
| 9 | | Safety Commission under 16 CFR 1512. Each Class 3 low-speed |
| 10 | | electric bicycle shall be equipped with a speedometer that |
| 11 | | displays the speed the bicycle is traveling in miles per hour. |
| 12 | | (c) Beginning on or after January 1, 2018, every |
| 13 | | manufacturer and distributor of low-speed electric bicycles |
| 14 | | shall apply a label that is permanently affixed to the bicycle |
| 15 | | in a prominent location. The label shall contain, in Arial |
| 16 | | font in at least 9-point type: |
| 17 | | (1) a classification number for the bicycle that |
| 18 | | corresponds with a class under Section 1-140.10 of this |
| 19 | | Code; |
| 20 | | (2) the bicycle's top assisted speed; and |
| 21 | | (3) the bicycle's motor wattage. |
| 22 | | No person shall knowingly tamper or modify the speed |
| 23 | | capability or engagement of a low-speed electric bicycle |
| 24 | | without replacing the label required under this subsection |
| 25 | | (c). |
| 26 | | (d) A Class 2 low-speed electric bicycle shall operate in |
|
| | 10400SB3336sam001 | - 47 - | LRB104 20522 LNS 36494 a |
|
|
| 1 | | a manner so that the electric motor is disengaged or ceases to |
| 2 | | function when the brakes are applied. A Class 1 low-speed |
| 3 | | electric bicycle and a Class 3 low-speed electric bicycle |
| 4 | | shall operate in a manner so that the electric motor is |
| 5 | | disengaged or ceases to function when the rider stops |
| 6 | | pedaling. |
| 7 | | (e) A person may operate a low-speed electric bicycle upon |
| 8 | | any highway, street, or roadway authorized for use by |
| 9 | | bicycles, including, but not limited to, bicycle lanes. |
| 10 | | (f) A person may operate a low-speed electric bicycle upon |
| 11 | | any bicycle path unless the State agency, municipality, |
| 12 | | county, or local authority with jurisdiction prohibits the use |
| 13 | | of low-speed electric bicycles or a specific class of |
| 14 | | low-speed electric bicycles on that path. The Department of |
| 15 | | Natural Resources is authorized to adopt administrative rules |
| 16 | | for the regulation of low-speed electric bicycles on any and |
| 17 | | all properties owned, managed, or leased by the Department of |
| 18 | | Natural Resources. |
| 19 | | (g) A person may not operate a low-speed electric bicycle |
| 20 | | on a sidewalk. |
| 21 | | (h) A person may operate a Class 3 low-speed electric |
| 22 | | bicycle only if he or she is 16 years of age or older. A person |
| 23 | | who is less than 16 years of age may ride as a passenger on a |
| 24 | | Class 3 low-speed electric bicycle that is designed to |
| 25 | | accommodate passengers. A low-speed electric bicycle that is |
| 26 | | manufactured to accommodate passengers may not be operated by |
|
| | 10400SB3336sam001 | - 48 - | LRB104 20522 LNS 36494 a |
|
|
| 1 | | a person under the age of 18 with a passenger unless the |
| 2 | | passenger is a sibling, stepsibling, child, or stepchild of |
| 3 | | the operator. |
| 4 | | (Source: P.A. 100-209, eff. 1-1-18.) |
| 5 | | Section 10. The Consumer Fraud and Deceptive Business |
| 6 | | Practices Act is amended by changing Section 2Z as follows: |
| 7 | | (815 ILCS 505/2Z) (from Ch. 121 1/2, par. 262Z) |
| 8 | | Sec. 2Z. Violations of other Acts. Any person who |
| 9 | | knowingly violates the Automotive Repair Act, the Automotive |
| 10 | | Collision Repair Act, the Home Repair and Remodeling Act, the |
| 11 | | Dance Studio Act, the Physical Fitness Services Act, the |
| 12 | | Hearing Instrument Consumer Protection Act, the Illinois Union |
| 13 | | Label Act, the Installment Sales Contract Act, the Job |
| 14 | | Referral and Job Listing Services Consumer Protection Act, the |
| 15 | | Travel Promotion Consumer Protection Act, the Credit Services |
| 16 | | Organizations Act, the Automatic Telephone Dialers Act, the |
| 17 | | Pay-Per-Call Services Consumer Protection Act, the Telephone |
| 18 | | Solicitations Act, the Illinois Funeral or Burial Funds Act, |
| 19 | | the Cemetery Oversight Act, the Cemetery Care Act, the Safe |
| 20 | | and Hygienic Bed Act, the Illinois Pre-Need Cemetery Sales |
| 21 | | Act, the High Risk Home Loan Act, the Payday Loan Reform Act, |
| 22 | | the Predatory Loan Prevention Act, the Mortgage Rescue Fraud |
| 23 | | Act, subsection (a) or (b) of Section 3-10 of the Cigarette Tax |
| 24 | | Act, subsection (a) or (b) of Section 3-10 of the Cigarette Use |
|
| | 10400SB3336sam001 | - 49 - | LRB104 20522 LNS 36494 a |
|
|
| 1 | | Tax Act, the Electronic Mail Act, the Internet Caller |
| 2 | | Identification Act, paragraph (6) of subsection (k) of Section |
| 3 | | 6-305 of the Illinois Vehicle Code, Section 11-1431, 18d-115, |
| 4 | | 18d-120, 18d-125, 18d-135, 18d-150, or 18d-153 of the Illinois |
| 5 | | Vehicle Code, subsection (i) of Section 11-1403.4 of the |
| 6 | | Illinois Vehicle Code, Article 3 of the Residential Real |
| 7 | | Property Disclosure Act, the Automatic Contract Renewal Act, |
| 8 | | the Reverse Mortgage Act, Section 25 of the Youth Mental |
| 9 | | Health Protection Act, the Personal Information Protection |
| 10 | | Act, or the Student Online Personal Protection Act commits an |
| 11 | | unlawful practice within the meaning of this Act. |
| 12 | | (Source: P.A. 100-315, eff. 8-24-17; 100-416, eff. 1-1-18; |
| 13 | | 100-863, eff. 8-14-18; 101-658, eff. 3-23-21.) |
| 14 | | Section 99. Effective date. This Act takes effect July 1, |
| 15 | | 2027.". |