SB3308 104TH GENERAL ASSEMBLY

LRB104 19909 LNS 33359 b

104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB3308

Introduced 2/3/2026, by Sen. Patrick J. Joyce

SYNOPSIS AS INTRODUCED:

New Act

Creates the Automated Driving Systems Development Act. Provides that the operation of highly automated vehicles participating in an automated vehicle pilot project is subject to all applicable federal and State laws. Sets forth eligibility requirements for participation in an automated vehicle pilot project. Establishes the application process for participation in an automated vehicle pilot project. Creates a review committee within the Department of Transportation. Requires the Secretary of State to develop a driving test to evaluate the capability of highly automated vehicles to safely operate on State roads. Sets forth permit requirements and requirements concerning the suspension, revocation, and reinstatement of a permit. Creates reporting and data sharing requirements. Contains other provisions. Effective immediately.

A BILL FOR

AN ACT concerning transportation.

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

Section 1. Short title. This Act may be cited as the Automated Driving Systems Development Act.

Section 5. Definitions. As used in this Act:

"Automated driving system" means hardware and software that are collectively capable of performing the entire dynamic driving task on a sustained basis, regardless of whether limited to a specific operational design domain.

"Autonomous vehicle operator" means a person or business operating highly automated vehicles on public roads and highways of this State in connection with an automated vehicle pilot project.

"Automated vehicle pilot project" means a pilot or demonstration project that is performed under this Act and that authorizes eligible autonomous vehicle operators to make a highly automated vehicle available to the public for testing on the public roads and highways of this State.

"Crash" means any physical contact between the highly automated vehicle and any object that results in damage to the object or the vehicle or any physical contact between the highly automated vehicle and another vehicle, person, mammal, or reptile.

"Dynamic driving task" means all of the real-time operational and tactical functions required to operate a vehicle in on-road traffic, excluding the strategic functions, such as trip scheduling and selection of destinations and waypoints. "Dynamic driving task" includes, without limitation:

(1) lateral vehicle motion control via steering;

(2) longitudinal motion control via acceleration and deceleration;

(3) monitoring the driving environment via object and event detection, recognition, classification, and response preparation;

(4) object and event response execution;

(5) maneuver planning; and

(6) enhancing conspicuity via lighting, signaling, and gesturing.

"Evaluation data" means any data necessary to support the testing, development, legal and regulatory compliance, operation, safety, and improvement of automated driving systems or highly automated vehicles, including, but not limited to, real-time perception, crash avoidance, and sensor, environmental, traffic, communication, network, camera, and incident data.

"Highly automated vehicle" means a motor vehicle equipped with an automated driving system that is designed to function without a human driver in the vehicle at a level of driving automation of 4 or 5 as specified in the Society of Automotive Engineers International Standard J3016 (April 2021).

"Incident report" means a report containing information on collisions and other incidents as described in Section 35.

"Operational design domain" means the specific operating conditions under which a given automated driving system is specifically designed to function, including, but not limited to, geographic area, roadway type, speed range, environmental conditions, and other domain constraints.

"Permit to participate in an automated vehicle pilot project" means a permit issued by the Secretary of State allowing for an autonomous vehicle operator to operate the highly automated vehicle on State roadways within the operational design domain as described on the permit.

"Public information portal" means a publicly available website maintained by an autonomous vehicle operator, containing all necessary disclosures required by this Act.

"Processing" or "process" means any operation or set of operations that is performed on data or on sets of data, whether by automated means, including, but not limited to, collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure, or destruction.

"Review committee" means the committee formed by the Department of Transportation under Section 20.

Section 10. Automated vehicle pilot project eligibility.

(a) The operation of highly automated vehicles participating in an automated vehicle pilot project is subject to all applicable federal and State laws.

If the highly automated vehicle is used for transporting persons in a manner consistent with a taxi, livery, or ridesharing service, then all applicable municipal ordinances which govern taxi, livery, and ridesharing services set forth by the municipalities contained within the operational design domain shall apply to the autonomous vehicle operator and highly automated vehicle. This provision is applicable regardless of whether money is exchanged for the service provided. This provision does not apply if the person being transported is an employee of the autonomous vehicle operator.

(b) An autonomous vehicle operator is eligible to apply for participation in an automated vehicle pilot project if the highly automated vehicle to be operated meets all applicable certificate of title, registration, licensing, and insurance requirements of the State.

(c) An autonomous vehicle operator shall develop for each manufacturer and model of highly automated vehicle:

(1) a law enforcement interaction plan, which shall include:

(A) instructions on how to communicate with the autonomous vehicle operator or its employees, including providing a contact telephone number for the autonomous vehicle operator or its employees;

(B) instructions on where, in the vehicle, to obtain autonomous vehicle operator information, vehicle registration, and proof of insurance in the event of a crash or traffic violation involving the vehicle;

(C) instructions on how to safely remove the vehicle from the roadway; and

(D) any additional information the autonomous vehicle operator deems necessary regarding hazardous conditions or public safety risks associated with the operation of the highly automated vehicle;

(2) a first responder and firefighting plan, which shall include:

(A) schematics showing the routing of electrical cables throughout the vehicle which may cause death or serious injury if contact is made with them while energized;

(B) information regarding the chemical composition and location of any battery storage present on the vehicle along with hazards presented by those batteries;

(C) step-by-step instructions on how to disconnect and render electrical cables safe if possible, or a warning if it is not possible; and

(D) the recommended extinguishing agent for suppressing any fire that originates from or encompasses the vehicle.

(d) The highly automated vehicle must meet safety standards set forth for passenger vehicles by the National Highway Traffic Safety Administration, and emissions requirements set forth by the United States Environmental Protection Agency.

(e) An autonomous vehicle operator must publish the following on a public information portal prior to applying for participation in an automated vehicle pilot project:

(1) a contact form or contact information that allows any law enforcement agency in this State to contact the autonomous vehicle operator and receive a copy of all law enforcement interaction plans that pertain to highly automated vehicles which the autonomous vehicle operator intends to operate in this State; and

(2) all first responder and firefighting plans that pertain to highly automated vehicles which the autonomous vehicle operator intends to operate in this State.

Section 15. Application for participation in an automated vehicle pilot project.

(a) An autonomous vehicle operator shall submit the following to the Secretary of State for each highly automated vehicle that the autonomous vehicle operator intends to operate:

(1) a written description of the highly automated vehicle that includes, but is not limited to, manufacturer, model, model year, color, gross vehicle weight, the maximum number of passengers the vehicle will carry, and the name and version number of the software of the automated driving system;

(2) a written statement acknowledging all of the following:

(A) when required by federal law, the highly automated vehicle is in compliance with all applicable federal laws and federal motor vehicle safety standards and bears the required certification labels, including reference to any applicable exemption granted by the National Highway Traffic Safety Administration;

(B) if a failure of the automated driving system occurs that renders that system unable to perform the entire dynamic driving task relevant to its intended operational design domain, the vehicle will achieve a minimal risk condition, which is a stable, stopped condition to which an employee of the autonomous vehicle operator or an automated driving system may bring a vehicle in order to reduce the risk of a crash;

(C) the highly automated vehicle is capable of complying with all applicable traffic and motor vehicle safety laws and the autonomous vehicle operator will be issued a traffic citation or other applicable penalty if the vehicle fails to comply with applicable traffic or motor vehicle laws when the automated driving system is engaged;

(D) when the highly automated vehicle is under the control of an employee or representative of the autonomous vehicle operator, and is physically present in the vehicle, the employee or representative will be issued a traffic citation or other applicable penalty if the vehicle fails to comply with applicable traffic or motor vehicle laws; and

(E) if the highly automated vehicle is involved in a crash, the autonomous vehicle operator shall be considered the financially responsible party for all liability issues and insurance settlement processes, regardless of whether the automated driving system was engaged;

(3) proof of comprehensive automotive insurance listing the autonomous vehicle operator as the covered party with minimum coverage amounts of $3,000,000 per instance of personal injury up to $6,000,000 overall and $1,000,000 per instance of property damage up to $2,000,000 overall;

(4) a description of the desired operational design domain for the automated vehicle pilot project, including, but not limited to:

(A) a full description via boundary coordinates and illustrated map of the desired geographic boundaries in which the highly automated vehicle will operate. These boundaries must fall entirely within Cook, St. Clair, and Madison Counties;

(B) the desired weekly schedule of operation of the highly automated vehicle, specifying start and finish each day of a standard 7-day week;

(C) the desired weather conditions that the highly automated vehicle would operate in, including cloud cover, wind speed, and precipitation types and amounts;

(D) the maximum speed at which the highly automated vehicle will operate; and

(E) the type of roadways that the highly automated vehicle will operate on, including descriptions of the type of road along with the surface conditions and maximum camber of roadway;

(5) the preferred start date and end date of the automated vehicle pilot project; and

(6) an application fee of $2,500 payable to the Secretary of State.

Section 20. Review committee.

(a) The Department of Transportation shall form a standing review committee and develop administrative rules to facilitate the review committee's operation. The review committee shall meet at least once per month once the members have all been seated. Membership shall consist of the following:

(1) 2 members from the Department of Transportation, appointed by Department of Transportation staff;

(2) 2 members from the Secretary of State, appointed by Secretary of State staff;

(3) one member from the Illinois State Police, appointed by the Director of the Illinois State Police;

(4) one member from an alliance representing the automotive industry, appointed by the Department of Transportation via an application process that shall only be open to such alliances;

(5) one member from an association representing bicyclists and pedestrians, appointed by the Department of Transportation via an application process that shall only be open to such associations;

(6) one member from a State motorcycle rights organization, appointed by the Department of Transportation via an application process that shall only be open to such organizations;

(7) one member from a public transit labor union, appointed by the Department of Transportation via an application process that shall only be open to such unions;

(8) one member from a transportation union representing CDL drivers, appointed by the Department of Transportation via an application process that shall only be open to such unions; and

(9) one member from an organization representing trucking companies, appointed by the Department of Transportation via an application process that shall only be open to such organizations.

(b) The review committee shall review all applications for participation in an automated vehicle pilot project sent to the review committee by the Secretary of State and return a recommendation within 60 days for approval or denial of the application in whole, or approval of the application with a recommended modification of the operational design domain.

(c) The review committee shall review all incident reports sent to them by autonomous vehicle operators and make recommendations to the Secretary of State as to any corrective actions, up to and including suspension, that may need to be taken on affected permits to participate in an automated vehicle pilot project.

(d) The Department of Transportation shall maintain an email address for the public to submit complaints about the operation of highly automated vehicles in this State, including any photos or videos they wish to submit.

(e) The review committee shall review complaints submitted by the public and make recommendations to the Secretary of State as to any corrective actions, up to and including revocation, that may need to be taken on affected permits to participate in an automated vehicle pilot project.

Section 25. Testing, permit approval, suspension, reinstatement, and revocation.

(a) The Secretary of State shall develop a driving test to evaluate the capability of highly automated vehicles to safely operate on State roads. The test shall have similar standards to the testing required to qualify for a Class D driver's license and be conducted in a manner that reduces the risk to human life either through a closed-circuit course or tightly controlled on-road test with the ability to shut the vehicle down instantly.

(b) The Secretary of State may issue a permit for an autonomous vehicle operator to participate in an automated vehicle pilot project after the following conditions are met:

(1) the highly automated vehicle described in the application for permit has successfully completed a driving test developed by the Secretary of State under subsection (a) and the automated driving system was engaged for the duration of the test; and

(2) the Secretary of State has received a recommendation to approve the application for a permit to participate in an automated vehicle pilot project either in whole or with modifications to the operational design domain.

(c) A permit to participate in an automated vehicle pilot project shall at least include the following:

(1) a unique permit number to be filed and tracked by the Secretary of State;

(2) the description of the highly automated vehicle as submitted by the autonomous vehicle operator;

(3) a description of the operational design domain as recommended by the review committee; and

(4) a unique number to be displayed on the highly automated vehicle consisting of at least one letter and 4 numbers.

(d) The Secretary of State shall suspend an autonomous vehicle operator's permit to participate in an automated vehicle pilot project when any of the following conditions are met:

(1) the Secretary of State, the Illinois State Police, or the Department of Transportation has determined the continued operation of the highly automated vehicle under the conditions of the permit pose a hazard to public safety; or

(2) a recommendation to suspend the permit has been received from the review committee.

(e) The Secretary of State shall provide a notice suspending the permit to participate in an automated vehicle pilot project to the autonomous vehicle operator which shall include a brief summary of the determination and evidence supporting the determination.

(f) An autonomous vehicle operator shall have 30 days from the receipt of a notice of suspension to ensure that the issues identified in the notice are corrected and provide to the Secretary of State, in the form and manner prescribed by the Secretary of State, a certification acknowledging that the issues identified in the notice have been corrected. A certification provided under this subsection must include an explanation of how the issues identified by the notice have been corrected, such as identifying specific adjustments made to the automated driving system or repairs made to the highly automated vehicle.

(g) If the autonomous vehicle operator fails to correct the issues within the 30-day timeframe, or if the Secretary of State determines that the corrective actions taken are insufficient, then the permit to participate in an automated vehicle pilot project is revoked. Such determinations may be made with or without recommendations from the review committee.

(h) If the Secretary of State determines that the corrective actions taken by the autonomous vehicle operator are sufficient, then the permit to participate in an automated vehicle pilot project is reinstated. Such determinations may be made with or without recommendations from the review committee.

(i) If a permit to participate in an automated vehicle pilot project is suspended more than 2 times during its duration, then the permit is revoked.

(j) Operation of a highly automated vehicle without a valid permit to participate in an automated vehicle pilot project shall result in the revocation of all of the autonomous vehicle operator's permits to participate in an automated vehicle pilot project and prohibits the autonomous vehicle operator from being issued a new permit for at least 18 months.

Section 30. Automated vehicle pilot project commencement; operation.

(a) An automated vehicle pilot project may be commenced by an autonomous vehicle operator after the start date listed on the permit to participate in an automated vehicle pilot project, and during the times specified by the operational design domain on the permit.

(b) An autonomous vehicle operator may engage in multiple automated vehicle pilot projects as long as the autonomous vehicle operator has a valid permit for each project.

(c) A highly automated vehicle operated under the terms of a valid permit to participate in an automated vehicle pilot project shall display the unique number described in paragraph (4) of subsection (c) of Section 25 in black vinyl or painted lettering at least 1.5 inches in height in a conspicuous spot on the vehicle above the right front tire, rear left tire, and on the rear of the vehicle at least 36 inches above the ground.

(d) An autonomous vehicle operator may charge fees to members of the public for passenger trips made in connection with each automated vehicle pilot project.

(e) Operation of a highly automated vehicle outside of the operational design domain described on the permit to participate in an automated vehicle pilot project shall result in revocation of the permit.

(f) A copy of the permit to participate in an automated vehicle pilot project must be present in the highly automated vehicle and available for inspection by law enforcement.

Section 35. Required reporting and data sharing.

(a) An autonomous vehicle operator shall publish a list of each highly automated vehicle under the autonomous vehicle operator's operation which is operating under the conditions of a permit to participate in an automated vehicle pilot project on a public information portal. The first publishing of a vehicle's information must occur within 3 days of the start date of the permit and then updated on a semi-monthly basis afterward. The list shall remain published after the end date listed on the permit to participate in an automated vehicle pilot project and shall include:

(1) a description of the highly automated vehicle covered by each permit, including the color, model year, manufacturer, model, unique number assigned under paragraph (4) of subsection (c) of Section 25, and a picture of the vehicle;

(2) the odometer reading of the vehicle at the beginning of operation under the permit to participate in an automated vehicle pilot project, and the current odometer reading taken within the last 14 days;

(3) the number of crashes the vehicle has been involved in to date;

(4) the number of incidents as defined in subsection (b) that the vehicle has been involved in to date;

(5) the current software title and version number being used to serve as part of the automated driving system; and

(6) a description of the operational design domain as listed on the permit to participate in an automated vehicle pilot project.

(b) An autonomous vehicle operator shall publish an incident report to the public information portal within 5 days and send a copy of the report to the Secretary of State and the review committee within 5 days each time one of the following occurs:

(1) The autonomous driving system on the highly automated vehicle is disengaged due to intervention of operators either present in the vehicle or remotely. Disengagements that occur to facilitate vehicle maintenance and storage do not apply to this Section.

(2) The highly automated vehicle is placed in a minimum risk condition. The incident report shall include a description of the vehicle as listed in paragraph (1) of subsection (a), the odometer reading of the vehicle at the time of the incident, a description of the events that caused the incident, a description of actions and revisions taken by the autonomous vehicle operator to mitigate a repeat of the incident, and the current software title and version number being used to serve as part of the automated driving system at the time of the incident.

(c) An autonomous vehicle operator shall publish a crash report to the public information portal within 5 days and send a copy of the report to the Secretary of State and the review committee within 5 days each time the highly automated vehicle is involved in a crash. The crash report shall include a description of the vehicle as listed in paragraph (1) of subsection (a), the odometer reading of the vehicle at the time of the crash, a description of the events that caused the crash, a description of actions and revisions taken by the autonomous vehicle operator to mitigate future crashes, the current software title and version number being used to serve as part of the automated driving system at the time of the crash, and a description of other property, mammals, reptiles, or vehicles involved in the crash. If the crash involved another vehicle, the description shall include the model year, manufacturer, model, and type of vehicle involved.

(d) When a highly automated vehicle covered by this Act is involved in a crash, the autonomous vehicle operator shall publish to the public information portal:

(1) a video file showing all video captured by the cameras on the vehicle for a period of time beginning 15 minutes prior to the crash and ending 30 minutes after the crash. The video shall be titled with the date of the crash and the unique number of the highly automated vehicle as required in paragraph (4) of subsection (c) of Section 25; and

(2) a video representation of all sensor data used in detecting other objects, vehicles, and persons. The video shall clearly show when an object, vehicle, or person is detected or not detected. The video shall begin at least 15 minutes prior to the crash and end no sooner than 30 minutes after the crash. The video shall be titled with the date of the crash and the unique number of the highly automated vehicle as required in paragraph (4) of subsection (c) of Section 25.

(e) When a highly automated vehicle covered by this Act is involved in a crash which results in damage to property or personal injury, the autonomous vehicle operator shall provide the following to the owner of the property, the person who has been injured, or the owner's or person's representative:

(1) a video file showing all video captured by the cameras on the vehicle for a period of one hour prior to the crash and ending one hour after the crash;

(2) a video representation of all sensor data used in detecting other objects, vehicles, and persons. The video shall clearly show when an object, vehicle, or person is detected or not detected. The video shall begin at least one hour prior to the crash and end no sooner than one hour after the crash; and

(3) a sworn statement that both videos accurately portray the events leading up to and after the crash and the data involved has not been manipulated beyond what was necessary to provide the videos.

Section 40. Evaluation data.

(a) As part of and to further the purposes of an automated vehicle pilot project, an autonomous vehicle operator is explicitly authorized to process evaluation data. An autonomous vehicle operator shall implement, maintain, and enforce for as long as the automated vehicle pilot project is in effect or as long as an autonomous vehicle operator stores or otherwise processes evaluation data, whichever is later, appropriate technical and organizational measures to ensure a level of security appropriate to the risks presented by the processing of the evaluation data.

(b) An autonomous vehicle operator is not allowed to sell or share any evaluation data to any party, nor is an autonomous vehicle operator allowed to use it for any purpose other than developing an autonomous vehicle operator's own automated driving systems.

(c) An autonomous vehicle operator is not allowed to provide access to an autonomous vehicle operator's sensor or camera feeds to any law enforcement, federal agency, third party, business, or other entity except as provided for in this Section.

(d) An autonomous vehicle operator shall publish evaluation data as needed to satisfy the requirements of Section 35. This data must have any identifying features and information of other parties either blurred or redacted.

(e) All data gathered and processed under this Act shall comply with existing State laws governing data security and privacy rights.

Section 45. Exclusive regulation. This Act exclusively governs the operation of automated vehicle pilot projects in this State.

Section 99. Effective date. This Act takes effect upon becoming law.