Illinois General Assembly - Full Text of SB0070
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Full Text of SB0070  102nd General Assembly

SB0070 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB0070

 

Introduced 1/29/2021, by Sen. Terri Bryant

 

SYNOPSIS AS INTRODUCED:
 
625 ILCS 5/3-412  from Ch. 95 1/2, par. 3-412
625 ILCS 5/3-806.10 new
625 ILCS 5/11-1426.1

    Amends the Illinois Vehicle Code. Provides that the Secretary of State shall issue distinctive registration plates for non-highway vehicles. Provides that the Secretary shall issue these plates only to non-highway vehicles that are insured and have brakes, a steering apparatus, tires, a rearview mirror, red reflectorized warning devices in the front and rear, a slow moving emblem on the rear, a headlight that emits a white light, a tail lamp that emits a red light, brake lights, and turn signals. Provides that every owner of a non-highway vehicle that drives upon a roadway with a posted speed limit of 35 miles per hour or less shall pay the Secretary an annual registration fee of $76. Provides that the registration fee shall be distributed as follows: $1 to the State Treasurer, for deposit into the State Police Service Fund; $30 to the State Treasurer, for deposit into the Road Fund; and $45 to the Treasurer of the county of residence of the owner of the non-highway vehicle, for deposit into the road fund of the county. Provides that vehicles with a registration plate may be operated on any street, highway, or roadway where the posted speed limit is 35 miles per hour or less or any county highway where the posted speed limit is 55 miles per hour or less and may make a direct crossing upon or across certain roads.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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1    AN ACT concerning transportation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Vehicle Code is amended by
5changing Sections 3-412 and 11-1426.1 and by adding Section
63-806.10 as follows:
 
7    (625 ILCS 5/3-412)  (from Ch. 95 1/2, par. 3-412)
8    Sec. 3-412. Registration plates or digital registration
9plates and registration stickers or digital registration
10stickers to be furnished by the Secretary of State.
11    (a) The Secretary of State upon registering a vehicle
12subject to annual registration for the first time shall issue
13or shall cause to be issued to the owner one registration plate
14or digital registration plate for a motorcycle, trailer,
15semitrailer, moped, autocycle, or truck-tractor, 2
16registration plates, or a digital registration plate and metal
17plate as set forth in Section 3-401.5, for other motor
18vehicles and, where applicable, current registration stickers
19or digital registration stickers for motor vehicles of the
20first division. The provisions of this Section may be made
21applicable to such vehicles of the second division, as the
22Secretary of State may, from time to time, in his discretion
23designate. On subsequent annual registrations during the term

 

 

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1of the registration plate or digital registration plate as
2provided in Section 3-414.1, the Secretary shall issue or
3cause to be issued registration stickers or digital
4registration stickers as evidence of current registration.
5However, the issuance of annual registration stickers or
6digital registration stickers to vehicles registered under the
7provisions of Sections 3-402.1 and 3-405.3 of this Code may
8not be required if the Secretary deems the issuance
9unnecessary.
10    (b) Every registration plate or digital registration plate
11shall have displayed upon it the registration number assigned
12to the vehicle for which it is issued, the name of this State,
13which may be abbreviated, the year number for which it was
14issued, which may be abbreviated, the phrase "Land of Lincoln"
15(except as otherwise provided in this Code), and such other
16letters or numbers as the Secretary may prescribe. However,
17for apportionment plates issued to vehicles registered under
18Section 3-402.1 and fleet plates issued to vehicles registered
19under Section 3-405.3, the phrase "Land of Lincoln" may be
20omitted to allow for the word "apportioned", the word "fleet",
21or other similar language to be displayed. Registration plates
22or digital registration plates issued to a vehicle registered
23as a fleet vehicle may display a designation determined by the
24Secretary.
25    The Secretary may in his discretion prescribe that letters
26be used as prefixes only on registration plates or digital

 

 

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1registration plates issued to vehicles of the first division
2which are registered under this Code and only as suffixes on
3registration plates or digital registration plates issued to
4other vehicles. Every registration sticker or digital
5registration sticker issued as evidence of current
6registration shall designate the year number for which it is
7issued and such other letters or numbers as the Secretary may
8prescribe and shall be of a contrasting color with the
9registration plates or digital registration plates and
10registration stickers or digital registration stickers of the
11previous year.
12    (c) Each registration plate or digital registration plate
13and the required letters and numerals thereon, except the year
14number for which issued, shall be of sufficient size to be
15plainly readable from a distance of 100 feet during daylight,
16and shall be coated with reflectorizing material. The
17dimensions of the plate issued to vehicles of the first
18division shall be 6 by 12 inches.
19    (d) The Secretary of State shall issue for every passenger
20motor vehicle rented without a driver the same type of
21registration plates or digital registration plates as the type
22of plates issued for a private passenger vehicle.
23    (e) The Secretary of State shall issue for every passenger
24car used as a taxicab or livery, distinctive registration
25plates or digital registration plates.
26    (f) The Secretary of State shall issue for every

 

 

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1motorcycle distinctive registration plates or digital
2registration plates distinguishing between motorcycles having
3150 or more cubic centimeters piston displacement, or having
4less than 150 cubic centimeter piston displacement.
5    (g) Registration plates or digital registration plates
6issued to vehicles for-hire may display a designation as
7determined by the Secretary that such vehicles are for-hire.
8    (h) (Blank).
9    (i) The Secretary of State shall issue for every public
10and private ambulance registration plates or digital
11registration plates identifying the vehicle as an ambulance.
12The Secretary shall forward to the Department of Healthcare
13and Family Services registration information for the purpose
14of verification of claims filed with the Department by
15ambulance owners for payment for services to public assistance
16recipients.
17    (j) The Secretary of State shall issue for every public
18and private medical carrier or rescue vehicle livery
19registration plates or digital registration plates displaying
20numbers within ranges of numbers reserved respectively for
21medical carriers and rescue vehicles. The Secretary shall
22forward to the Department of Healthcare and Family Services
23registration information for the purpose of verification of
24claims filed with the Department by owners of medical carriers
25or rescue vehicles for payment for services to public
26assistance recipients.

 

 

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1    (k) The Secretary of State shall issue distinctive license
2plates or digital registration plates or distinctive license
3plate stickers or digital registration stickers for every
4vehicle exempted from subsections (a) and (a-5) of Section
512-503 by subsection (g) of that Section, and by subsection
6(g-5) of that Section before its deletion by this amendatory
7Act of the 95th General Assembly. The Secretary shall issue
8these plates or stickers immediately upon receiving the
9physician's certification required under subsection (g) of
10Section 12-503. New plates or stickers shall also be issued
11when the certification is renewed as provided in that
12subsection.
13    (l) The Secretary of State shall issue distinctive
14registration plates or digital registration plates for
15low-speed vehicles.
16    (m) The Secretary of State shall issue distinctive
17registration plates or digital registration plates for
18autocycles. The dimensions of the plate issued to autocycles
19shall be 4 by 7 inches.
20    (n) The Secretary of State shall issue distinctive
21registration plates for non-highway vehicles. The Secretary
22shall issue these plates only to non-highway vehicles that
23meet the requirements set forth in subsections (e) and (g) of
24Section 11-1426.1. The Secretary shall collect and deposit the
25registration fee as required under Section 3-806.10
26(Source: P.A. 101-395, eff. 8-16-19.)
 

 

 

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1    (625 ILCS 5/3-806.10 new)
2    Sec. 3-806.10. Registration fees for non-highway vehicles.
3Every owner of a non-highway vehicle that is operated upon any
4street, highway, or roadway with a posted speed limit of 35
5miles per hour or less or any county highway with a posted
6speed limit of 55 miles per hour or less shall pay the
7Secretary of State an annual registration fee of $76. The fee
8shall be distributed as follows: $1 to the State Treasurer,
9for deposit into the State Police Service Fund; $30 to the
10State Treasurer, for deposit into the Road Fund; and $45 to the
11Treasurer of the county of residence of the owner of the
12non-highway vehicle, for deposit into the road fund of the
13county.
 
14    (625 ILCS 5/11-1426.1)
15    Sec. 11-1426.1. Operation of non-highway vehicles on
16streets, roads, and highways.
17    (a) As used in this Section, "non-highway vehicle" means a
18motor vehicle not specifically designed to be used on a public
19highway, including:
20        (1) an all-terrain vehicle, as defined by Section
21    1-101.8 of this Code;
22        (2) a golf cart, as defined by Section 1-123.9;
23        (3) an off-highway motorcycle, as defined by Section
24    1-153.1; and

 

 

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1        (4) a recreational off-highway vehicle, as defined by
2    Section 1-168.8.
3    (b) Except as otherwise provided in this Section, it is
4unlawful for any person to drive or operate a non-highway
5vehicle upon any street, highway, or roadway in this State. If
6the operation of a non-highway vehicle is authorized under
7subsection (d), the non-highway vehicle may be operated only
8on streets where the posted speed limit is 35 miles per hour or
9less. This subsection (b) does not prohibit a non-highway
10vehicle from crossing a road or street at an intersection
11where the road or street has a posted speed limit of more than
1235 miles per hour.
13    (b-5) A person may not operate a non-highway vehicle upon
14any street, highway, or roadway in this State unless he or she
15has a valid driver's license issued in his or her name by the
16Secretary of State or by a foreign jurisdiction.
17    (c) No person operating a non-highway vehicle shall make a
18direct crossing upon or across any tollroad, interstate
19highway, or controlled access highway in this State. No person
20operating a non-highway vehicle shall make a direct crossing
21upon or across any other highway under the jurisdiction of the
22State except at an intersection of the highway with another
23public street, road, or highway.
24    (c-5) (Blank).
25    (d) A municipality, township, county, or other unit of
26local government may authorize, by ordinance or resolution,

 

 

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1the operation of non-highway vehicles on roadways under its
2jurisdiction if the unit of local government determines that
3the public safety will not be jeopardized. The Department may
4authorize the operation of non-highway vehicles on the
5roadways under its jurisdiction if the Department determines
6that the public safety will not be jeopardized. The unit of
7local government or the Department may restrict the types of
8non-highway vehicles that are authorized to be used on its
9streets.
10    Before permitting the operation of non-highway vehicles on
11its roadways, a municipality, township, county, other unit of
12local government, or the Department must consider the volume,
13speed, and character of traffic on the roadway and determine
14whether non-highway vehicles may safely travel on or cross the
15roadway. Upon determining that non-highway vehicles may safely
16operate on a roadway and the adoption of an ordinance or
17resolution by a municipality, township, county, or other unit
18of local government, or authorization by the Department,
19appropriate signs shall be posted.
20    If a roadway is under the jurisdiction of more than one
21unit of government, non-highway vehicles may not be operated
22on the roadway unless each unit of government agrees and takes
23action as provided in this subsection.
24    (e) No non-highway vehicle may be operated on a roadway
25unless, at a minimum, it has the following: brakes, a steering
26apparatus, tires, a rearview mirror, red reflectorized warning

 

 

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1devices in the front and rear, a slow moving emblem (as
2required of other vehicles in Section 12-709 of this Code) on
3the rear of the non-highway vehicle, a headlight that emits a
4white light visible from a distance of 500 feet to the front, a
5tail lamp that emits a red light visible from at least 100 feet
6from the rear, brake lights, and turn signals. When operated
7on a roadway, a non-highway vehicle shall have its headlight
8and tail lamps lighted as required by Section 12-201 of this
9Code.
10    (f) A person who drives or is in actual physical control of
11a non-highway vehicle on a roadway while under the influence
12is subject to Sections 11-500 through 11-502 of this Code.
13    (g) Any person who operates a non-highway vehicle on a
14street, highway, or roadway shall be subject to the mandatory
15insurance requirements under Article VI of Chapter 7 of this
16Code.
17    (h) It shall not be unlawful for any person to drive or
18operate a non-highway vehicle, as defined in paragraphs (1)
19and (4) of subsection (a) of this Section, on a county roadway
20or township roadway for the purpose of conducting farming
21operations to and from the home, farm, farm buildings, and any
22adjacent or nearby farm land.
23    Non-highway vehicles, as used in this subsection (h),
24shall not be subject to subsections (e) and (g) of this
25Section. However, if the non-highway vehicle, as used in this
26Section, is not covered under a motor vehicle insurance policy

 

 

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1pursuant to subsection (g) of this Section, the vehicle must
2be covered under a farm, home, or non-highway vehicle
3insurance policy issued with coverage amounts no less than the
4minimum amounts set for bodily injury or death and for
5destruction of property under Section 7-203 of this Code.
6Non-highway vehicles operated on a county or township roadway
7at any time between one-half hour before sunset and one-half
8hour after sunrise must be equipped with head lamps and tail
9lamps, and the head lamps and tail lamps must be lighted.
10    Non-highway vehicles, as used in this subsection (h),
11shall not make a direct crossing upon or across any tollroad,
12interstate highway, or controlled access highway in this
13State.
14    Non-highway vehicles, as used in this subsection (h),
15shall be allowed to cross a State highway, municipal street,
16county highway, or road district highway if the operator of
17the non-highway vehicle makes a direct crossing provided:
18        (1) the crossing is made at an angle of approximately
19    90 degrees to the direction of the street, road or highway
20    and at a place where no obstruction prevents a quick and
21    safe crossing;
22        (2) the non-highway vehicle is brought to a complete
23    stop before attempting a crossing;
24        (3) the operator of the non-highway vehicle yields the
25    right of way to all pedestrian and vehicular traffic which
26    constitutes a hazard; and

 

 

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1        (4) that when crossing a divided highway, the crossing
2    is made only at an intersection of the highway with
3    another public street, road, or highway.
4    (i) No action taken by a unit of local government under
5this Section designates the operation of a non-highway vehicle
6as an intended or permitted use of property with respect to
7Section 3-102 of the Local Governmental and Governmental
8Employees Tort Immunity Act.
9    (j) Notwithstanding any other provision of this Section, a
10non-highway vehicle with a registration plate issued under
11subsection (n) of Section 3-412 may be operated on any street,
12highway, or roadway where the posted speed limit is 35 miles
13per hour or less or any county highway where the posted speed
14limit is 55 miles per hour or less.
15    Non-highway vehicles, as used in this subsection (j),
16shall not make a direct crossing upon or across any tollroad,
17interstate highway, or controlled access highway in this
18State.
19    Non-highway vehicles, as used in this subsection (j), may
20cross a State highway, municipal street, county highway, or
21road district highway if:
22        (1) the crossing is made at an angle of approximately
23    90 degrees to the direction of the street, road, or
24    highway and at a place where no obstruction prevents a
25    quick and safe crossing;
26        (2) the non-highway vehicle is brought to a complete

 

 

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1    stop before attempting a crossing;
2        (3) the operator of the non-highway vehicle yields the
3    right of way to all pedestrian and vehicular traffic which
4    constitutes a hazard; and
5        (4) when crossing a divided highway, the crossing is
6    made only at an intersection of the highway with another
7    public street, road, or highway.
8(Source: P.A. 97-144, eff. 7-14-11; 98-567, eff. 1-1-14.)