HB2902ham001 103RD GENERAL ASSEMBLY

Rep. Jaime M. Andrade, Jr.

Filed: 3/6/2023

10300HB2902ham001 LRB103 30879 MXP 58613 a

AMENDMENT TO HOUSE BILL 2902

AMENDMENT NO. ______. Amend House Bill 2902 by replacing everything after the enacting clause with the following:

"Section 5. The Illinois Vehicle Code is amended by changing Sections 1-146, 1-188, and 1-217 and adding Sections 1-159.15, 1-159.16, 11-1005.2, and 11-1412.4 as follows:

(625 ILCS 5/1-146) (from Ch. 95 1/2, par. 1-146)

Sec. 1-146. Motor vehicle. Every vehicle which is self-propelled and every vehicle which is propelled by electric power obtained from overhead trolley wires, but not operated upon rails, except for vehicles moved solely by human power, personal delivery devices, motorized wheelchairs, low-speed electric bicycles, and low-speed gas bicycles. For this Act, motor vehicles are divided into two divisions:

First Division: Those motor vehicles which are designed for the carrying of not more than 10 persons.

Second Division: Those motor vehicles which are designed for carrying more than 10 persons, those motor vehicles designed or used for living quarters, those motor vehicles which are designed for pulling or carrying freight, cargo or implements of husbandry, and those motor vehicles of the First Division remodelled for use and used as motor vehicles of the Second Division.

(Source: P.A. 96-125, eff. 1-1-10.)

(625 ILCS 5/1-159.15 new)

Sec. 1-159.15. Personal delivery device. A powered device that is:

(1) intended to be operated primarily on sidewalks, crosswalks, and other pedestrian areas to transport cargo;

(2) not intended to carry passengers; and

(3) capable of navigating with the active control or monitoring of a natural person.

(625 ILCS 5/1-159.16 new)

Sec. 1-159.16. Personal delivery device operator. A person or an agent of a person who exercises control or monitoring over the operation of a personal delivery device. A person or an agent of a person shall not be considered a personal delivery operator solely because the person or agent:

(1) requests or receives the delivery or services of a personal delivery device;

(2) arranges for or dispatches the requested services of a personal delivery device; or

(3) stores, charges, or maintains a personal delivery device.

(625 ILCS 5/1-188) (from Ch. 95 1/2, par. 1-188)

Sec. 1-188. Sidewalk. That portion of a street between the curb lines, or the lateral lines of a roadway, and the adjacent property lines, primarily intended for use of pedestrians.

(Source: P.A. 76-1586.)

(625 ILCS 5/1-217) (from Ch. 95 1/2, par. 1-217)

(Text of Section before amendment by P.A. 102-1130)

Sec. 1-217. Vehicle. Every device, in, upon or by which any person or property is or may be transported or drawn upon a highway or requiring a certificate of title under Section 3-101(d) of this Code, except devices moved by human power, devices used exclusively upon stationary rails or tracks and snowmobiles as defined in the Snowmobile Registration and Safety Act.

For the purposes of this Code, unless otherwise prescribed, a device shall be considered to be a vehicle until such time it either comes within the definition of a junk vehicle, as defined under this Code, or a junking certificate is issued for it.

For this Code, vehicles are divided into 2 divisions:

First Division: Those motor vehicles which are designed for the carrying of not more than 10 persons.

Second Division: Those vehicles which are designed for carrying more than 10 persons, those designed or used for living quarters and those vehicles which are designed for pulling or carrying property, freight or cargo, those motor vehicles of the First Division remodelled for use and used as motor vehicles of the Second Division, and those motor vehicles of the First Division used and registered as school buses.

(Source: P.A. 92-812, eff. 8-21-02.)

(Text of Section after amendment by P.A. 102-1130)

Sec. 1-217. Vehicle. Every device, in, upon or by which any person or property is or may be transported or drawn upon a highway or requiring a certificate of title under Section 3-101(d) of this Code, except devices moved by human power, personal delivery devices, devices used exclusively upon stationary rails or tracks, and snowmobiles as defined in the Snowmobile Registration and Safety Act.

For the purposes of this Code, unless otherwise prescribed, a device shall be considered to be a vehicle until such time it either comes within the definition of a junk vehicle, as defined under this Code, or a junking certificate is issued for it.

For this Code, vehicles are divided into 2 divisions:

First Division: Those motor vehicles which are designed for the carrying of not more than 10 persons.

Second Division: Those vehicles which are designed for carrying more than 10 persons, those designed or used for living quarters and those vehicles which are designed for pulling or carrying property, freight, or cargo and those motor vehicles of the First Division remodelled for use and used as motor vehicles of the Second Division.

(Source: P.A. 102-1130, eff. 7-1-23.)

(625 ILCS 5/11-1005.2 new)

Sec. 11-1005.2. Personal delivery devices. A business entity may operate a personal delivery device in pedestrian areas with all the rights and duties applicable to a pedestrian under this Chapter, except that a personal delivery device shall not unreasonably interfere with any pedestrian or traffic and shall yield the right-of-way to a pedestrian on the sidewalk or crosswalk.

(625 ILCS 5/11-1412.4 new)

Sec. 11-1412.4. Personal delivery devices.

(a) Notwithstanding any other provision of law, a personal delivery device shall be authorized to operate in pedestrian areas in the State if the personal delivery device:

(1) is equipped with a system that enables the personal delivery device to come to a controlled stop;

(2) has the capability of operating in a manner that complies with the pedestrians' rights and duties under Article X of Chapter 11, unless the provision cannot by its nature apply to the personal delivery device;

(3) does not unreasonably interfere with motor vehicles or traffic or otherwise block any right-of-way under the jurisdiction and control of the State or any local authority;

(4) operates at a speed not exceeding 10 miles per hour on a sidewalk or crosswalk;

(5) is not used to transport hazardous materials:

(A) in a type and quantity for which placards are required in accordance with the Hazardous Materials Regulations prescribed by the United States Department of Transportation, Title 49 CFR Part 172, Subpart F, or compatible rules adopted by the Department of Transportation; or

(B) that may pose an unreasonable risk to health, safety, or performance when transported in commerce;

(6) includes a unique identifying number and a means of identifying the personal delivery device operator; and

(7) weighs 300 pounds or less.

(b) A personal delivery device shall have all the rights and duties applicable to a pedestrian under the same circumstances.

A personal delivery device shall not be deemed a motor vehicle or a vehicle under this Code or any other law, rule, or regulation of the State or any local authority.

A personal delivery device shall be exempt from all vehicle or motor vehicle registration requirements under this Code or any other law, rule, or regulation of the State or any local authority.

(c) A personal delivery device operator shall maintain an insurance policy that provides general liability coverage of at least $500,000 for damages arising from the combined operations of any personal delivery devices under the personal delivery device operator's control.

(d) Except as expressly provided in this Section, local authorities shall not enact or enforce a rule, regulation, ordinance, or resolution relating to the following:

(1) design, manufacture, or maintenance of a personal delivery device;

(2) licensing, registration, or certification of a personal delivery device;

(3) taxation of or the imposition of any assessment of any fees or other charges upon a personal delivery device or personal delivery device operator;

(4) insuring a personal delivery device;

(5) types of cargo that may be transported by a personal delivery device; or

(6) operations of personal delivery devices.

A local authority may not prohibit the operation of a personal delivery device but may reasonably restrict the operation of a personal delivery device on a roadway or in a pedestrian area in a manner consistent with this Section, as long as the local authority gives interested stakeholders an opportunity to be heard on matters pertaining to the restrictions being implemented.

This Section shall not apply to counties with a population of 3,000,000 or more.

A home rule unit may not regulate personal delivery devices in a manner inconsistent with this Section. This subsection is a limitation under subsection (i) of Section 6 of Article VII of the Illinois Constitution on the concurrent exercise by home rule units of powers and functions exercised by the State.

Section 95. No acceleration or delay. Where this Act makes changes in a statute that is represented in this Act by text that is not yet or no longer in effect (for example, a Section represented by multiple versions), the use of that text does not accelerate or delay the taking effect of (i) the changes made by this Act or (ii) provisions derived from any other Public Act.".