SB3102 104TH GENERAL ASSEMBLY

LRB104 16716 LNS 30122 b

104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB3102

Introduced 1/29/2026, by Sen. Julie A. Morrison

SYNOPSIS AS INTRODUCED:

30 ILCS 105/5.1038 new
625 ILCS 5/1-131.7 new
625 ILCS 5/11-613 new

Amends the Illinois Vehicle Code. Provides that if a person who is convicted of violating a speed restriction is found to have driven a vehicle upon a highway at a speed greater than 100 miles per hour, the court shall order that the person have installed an intelligent speed assistance device in any motor vehicle owned or operated by the person for at least 12 months or for the duration of the license suspension or revocation, whichever is longer. Requires the person to provide proof of installation. Requires the person to request permission to remove the intelligent speed assistance device at the end of the mandated period of use. Provides that the cost of installing and maintaining an intelligent speed assistance device shall be incurred by the person subject to the requirement unless the court or the Secretary of State determines that the person is financially unable to afford the cost, in which case the cost may be waived. Requires the Secretary to create a list of approved intelligent speed assistance devices and a list of service providers that are qualified to install, service, inspect, and remove an approved intelligent speed assistance device. Prohibits a person from tampering with or circumventing an otherwise operable intelligent speed assistance device. Provides that violating the provisions, or assisting another person to violate the provisions, is a Class A misdemeanor. Requires the Secretary to submit a report every 24 months to the Governor and the General Assembly with information about the intelligent speed assistance device mandates. Creates the Indigent Intelligent Speed Assistance Device Fund. Sets forth exemptions for a person who is required to use an intelligent speed assistance device and must drive an employer-owned vehicle in the course of the person's employment duties. Makes a conforming change in the State Finance Act.

A BILL FOR

AN ACT concerning transportation.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The State Finance Act is amended by adding Section 5.1038 as follows:

(30 ILCS 105/5.1038 new)

Sec. 5.1038. The Indigent Intelligent Speed Assistance Device Fund.

Section 10. The Illinois Vehicle Code is amended by adding Sections 1-131.7 and 11-613 as follows:

(625 ILCS 5/1-131.7 new)

Sec. 1-131.7. Intelligent speed assistance device. A device that is installed in a motor vehicle and uses technology to limit the speed of a motor vehicle at 5 miles per hour more than the speed limit in a specific zone, allowing for the slight acceleration past the speed limit, if necessary, based on traffic conditions.

(625 ILCS 5/11-613 new)

Sec. 11-613. Use of intelligent speed assistance devices.

(a) If a person who is convicted of violating a speed restriction of this Code is found to have driven a vehicle upon a highway at a speed greater than 100 miles per hour, the court shall, in addition to any other penalty, order that the person have installed an intelligent speed assistance device in any motor vehicle owned or operated by the person for at least 12 months or for the duration of the license suspension or revocation, whichever is longer. The clerk of the court shall forward the court's order to the Secretary.

(b) The person shall provide proof of the installation as set forth in subsection (h). If the person fails to provide proof of installation, the Secretary may suspend the person's license, modify an existing order of suspension, or order the revocation of the person's license or driving privileges.

(c) The person shall request permission to remove the intelligent speed assistance device from the Secretary at the end of the person's mandated period of use of the intelligent speed assistance device. Upon receiving this request, the Secretary may require the person to complete a written driving test and a road test prior to having the intelligent speed assistance device removed. The Secretary may deny the request to remove the intelligent speed assistance device based upon the person's performance on the written driving test, the road test, or the person's driving record during the period the intelligent speed assistance device was used.

(d) The cost of installing and maintaining an intelligent speed assistance device shall be incurred by the person subject to the requirement unless the court or the Secretary determines that the person is financially unable to afford the cost, in which case the cost may be waived as set forth in subsection (h). At the end of the required installation period, an intelligent speed assistance device shall be returned to a qualified service provider under subsection (e). If deemed to be in working order after being returned to a qualified service provider, the intelligent speed assistance device may be installed in any other motor vehicle required to have an intelligent speed assistance device installed.

(f) The Secretary shall create a list of approved intelligent speed assistance devices. An approved intelligent speed assistance device must be capable of accurately detecting speed limits across road and weather conditions, and the Secretary may adopt any rules necessary to further ensure that an intelligent speed assistance device operates reliably.

(g) The Secretary shall create a list of service providers that are qualified to install, service, inspect, and remove an approved intelligent speed assistance device. This list may include any installation or service provider that is approved for the installation, servicing, and removal of an approved intelligent speed assistance device.

(h) Proof of the installation of an intelligent speed assistance device under subsection (a) shall occur within 10 days of the court order. If a person ordered to install an intelligent speed assistance device is unable to financially afford the cost of the intelligent speed assistance device, the person may request in writing, within 10 days of receiving the notification from the Secretary, a payment plan or to have payment for the intelligent speed assistance device waived. Within 30 days after the initial installation of the intelligent speed assistance device, the intelligent speed assistance device shall be inspected by a qualified service provider to ensure the intelligent speed assistance device is properly calibrated and installed.

(i) No person shall tamper with or circumvent an otherwise operable intelligent speed assistance device. No person subject to a court ordered intelligent speed assistance device shall operate a motor vehicle without an intelligent speed assistance device.

(j) A violation of this Section, or assisting another person to violate this Section, shall be Class A misdemeanor.

(k) The Secretary shall submit a report every 24 months to the Governor and the General Assembly with the following information about intelligent speed assistance device mandates under this Section:

(1) The number of individuals required to have an intelligent speed assistance device in a motor vehicle the individual owns or operates.

(2) The number of motor vehicles required to have an intelligent speed assistance device installed.

(3) The number of fee waivers approved to waive the entire fee for installing an intelligent speed assistance device.

(4) The number of individuals on a payment plan for an intelligent speed assistance device.

(5) The number of speeding violations issued to individuals who have an intelligent speed assistance device installed.

(6) The number of other traffic law infractions committed by individuals with an intelligent speed assistance device installed, organized by category or type of traffic violation.

(7) The number of reported crashes involving individuals who have an intelligent speed assistance device installed.

(8) The number of known individuals who have not complied with this Section, separated into the following categories:

(A) Individuals who did not initially install an intelligent speed assistance device as required.

(B) Individuals who removed an intelligent speed assistance device before a follow-up inspection.

(C) Individuals who were cited for not having an intelligent speed assistance device properly installed during a traffic stop.

This report shall be made publicly available on the Secretary of State's website.

(l) The Indigent Intelligent Speed Assistance Device Fund is created as a special fund in the State treasury. The Secretary shall, subject to appropriation, use all money in the Fund to reimburse service providers who have installed intelligent speed assistance devices in the vehicles of indigent persons. The Secretary shall make payments to such providers every 3 months. If the amount of money in the Fund at the time payments are made is not sufficient to pay all requests for reimbursement submitted during that 3-month period, the Secretary shall make payments on a pro rata basis, and those payments shall be considered payment in full for the requests submitted. If the amount of money in the Fund exceeds the amount necessary to pay all requests for reimbursement during that 3-month period, the Secretary shall disburse the excess to the service providers on a pro rata basis.

A service provider that supplies an approved intelligent speed assistance device under this Section shall, for each intelligent speed assistance device installed, pay 5% of the total gross revenue received for the intelligent speed assistance device into the Indigent Intelligent Speed Assistance Device Fund. This 5% shall be clearly indicated as a separate surcharge on each invoice that is issued. The Secretary shall conduct an annual review of the Fund to determine whether the surcharge is sufficient to provide for indigent users. The Secretary may increase or decrease this surcharge requirement as needed.

(m) A person who is required to use an intelligent speed assistance device and must drive an employer-owned vehicle in the course of employment duties may seek permission to drive an employer-owned vehicle that does not have an intelligent speed assistance device. The employer shall provide to the Secretary a form, as prescribed by the Secretary, completed by the employer verifying that the employee must drive an employer-owned vehicle in the course of employment. If approved by the Secretary, the form must be in the driver's possession while operating an employer-owned vehicle not equipped with an intelligent speed assistance device. No person may use this exemption to drive a school bus, school vehicle, or a vehicle designed to transport more than 15 passengers. No person may use this exemption to drive an employer-owned motor vehicle that is owned by an entity that is wholly or partially owned by the person who is required to use an intelligent speed assistance device, or by a family member of the person. No person may use this exemption to drive an employer-owned vehicle that is made available to the employee for personal use. No person may drive the exempted vehicle more than 12 hours per day, 6 days per week.

(n) The Secretary may adopt any rules necessary to implement this Section.