101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB3066

 

Introduced , by Rep. Terri Bryant - Dave Severin

 

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

 

HB3066LRB101 08682 TAE 53767 b

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 changing
5Sections 3-412 and 11-1426.1 and by adding Section 3-806.10 as
6follows:
 
7    (625 ILCS 5/3-412)  (from Ch. 95 1/2, par. 3-412)
8    Sec. 3-412. Registration plates and registration stickers
9to be furnished by the Secretary of State.
10    (a) The Secretary of State upon registering a vehicle
11subject to annual registration for the first time shall issue
12or shall cause to be issued to the owner one registration plate
13for a motorcycle, trailer, semitrailer, moped, autocycle, or
14truck-tractor, 2 registration plates for other motor vehicles
15and, where applicable, current registration stickers for motor
16vehicles of the first division. The provisions of this Section
17may be made applicable to such vehicles of the second division,
18as the Secretary of State may, from time to time, in his
19discretion designate. On subsequent annual registrations
20during the term of the registration plate as provided in
21Section 3-414.1, the Secretary shall issue or cause to be
22issued registration stickers as evidence of current
23registration. However, the issuance of annual registration

 

 

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

 

 

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1previous year.
2    (c) Each registration plate and the required letters and
3numerals thereon, except the year number for which issued,
4shall be of sufficient size to be plainly readable from a
5distance of 100 feet during daylight, and shall be coated with
6reflectorizing material. The dimensions of the plate issued to
7vehicles of the first division shall be 6 by 12 inches.
8    (d) The Secretary of State shall issue for every passenger
9motor vehicle rented without a driver the same type of
10registration plates as the type of plates issued for a private
11passenger vehicle.
12    (e) The Secretary of State shall issue for every passenger
13car used as a taxicab or livery, distinctive registration
14plates.
15    (f) The Secretary of State shall issue for every motorcycle
16distinctive registration plates distinguishing between
17motorcycles having 150 or more cubic centimeters piston
18displacement, or having less than 150 cubic centimeter piston
19displacement.
20    (g) Registration plates issued to vehicles for-hire may
21display a designation as determined by the Secretary that such
22vehicles are for-hire.
23    (h) (Blank).
24    (i) The Secretary of State shall issue for every public and
25private ambulance registration plates identifying the vehicle
26as an ambulance. The Secretary shall forward to the Department

 

 

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1of Healthcare and Family Services registration information for
2the purpose of verification of claims filed with the Department
3by ambulance owners for payment for services to public
4assistance recipients.
5    (j) The Secretary of State shall issue for every public and
6private medical carrier or rescue vehicle livery registration
7plates displaying numbers within ranges of numbers reserved
8respectively for medical carriers and rescue vehicles. The
9Secretary shall forward to the Department of Healthcare and
10Family Services registration information for the purpose of
11verification of claims filed with the Department by owners of
12medical carriers or rescue vehicles for payment for services to
13public assistance recipients.
14    (k) The Secretary of State shall issue distinctive license
15plates or distinctive license plate stickers for every vehicle
16exempted from subsections (a) and (a-5) of Section 12-503 by
17subsection (g) of that Section, and by subsection (g-5) of that
18Section before its deletion by this amendatory Act of the 95th
19General Assembly. The Secretary shall issue these plates or
20stickers immediately upon receiving the physician's
21certification required under subsection (g) of Section 12-503.
22New plates or stickers shall also be issued when the
23certification is renewed as provided in that subsection.
24    (l) The Secretary of State shall issue distinctive
25registration plates for low-speed vehicles.
26    (m) The Secretary of State shall issue distinctive

 

 

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1registration plates for autocycles. The dimensions of the plate
2issued to autocycles shall be 4 by 7 inches.
3    (n) The Secretary of State shall issue distinctive
4registration plates for non-highway vehicles. The Secretary
5shall issue these plates only to non-highway vehicles that meet
6the requirements set forth in subsections (e) and (g) of
7Section 11-1426.1. The Secretary shall collect and deposit the
8registration fee as required under Section 3-806.10
9(Source: P.A. 98-777, eff. 1-1-15.)
 
10    (625 ILCS 5/3-806.10 new)
11    Sec. 3-806.10. Registration fees for non-highway vehicles.
12Every owner of a non-highway vehicle that drives upon any
13street, highway, or roadway with a posted speed limit of 35
14miles per hour or less or any county highway with a posted
15speed limit of 55 miles per hour or less shall pay the
16Secretary of State an annual registration fee of $76. The fee
17shall be distributed as follows: $1 to the State Treasurer, for
18deposit into the State Police Service Fund; $30 to the State
19Treasurer, for deposit into the Road Fund; and $45 to the
20Treasurer of the county of residence of the owner of the
21non-highway vehicle, for deposit into the road fund of the
22county.
 
23    (625 ILCS 5/11-1426.1)
24    Sec. 11-1426.1. Operation of non-highway vehicles on

 

 

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1streets, roads, and highways.
2    (a) As used in this Section, "non-highway vehicle" means a
3motor vehicle not specifically designed to be used on a public
4highway, including:
5        (1) an all-terrain vehicle, as defined by Section
6    1-101.8 of this Code;
7        (2) a golf cart, as defined by Section 1-123.9;
8        (3) an off-highway motorcycle, as defined by Section
9    1-153.1; and
10        (4) a recreational off-highway vehicle, as defined by
11    Section 1-168.8.
12    (b) Except as otherwise provided in this Section, it is
13unlawful for any person to drive or operate a non-highway
14vehicle upon any street, highway, or roadway in this State. If
15the operation of a non-highway vehicle is authorized under
16subsection (d), the non-highway vehicle may be operated only on
17streets where the posted speed limit is 35 miles per hour or
18less. This subsection (b) does not prohibit a non-highway
19vehicle from crossing a road or street at an intersection where
20the road or street has a posted speed limit of more than 35
21miles per hour.
22    (b-5) A person may not operate a non-highway vehicle upon
23any street, highway, or roadway in this State unless he or she
24has a valid driver's license issued in his or her name by the
25Secretary of State or by a foreign jurisdiction.
26    (c) No person operating a non-highway vehicle shall make a

 

 

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1direct crossing upon or across any tollroad, interstate
2highway, or controlled access highway in this State. No person
3operating a non-highway vehicle shall make a direct crossing
4upon or across any other highway under the jurisdiction of the
5State except at an intersection of the highway with another
6public street, road, or highway.
7    (c-5) (Blank).
8    (d) A municipality, township, county, or other unit of
9local government may authorize, by ordinance or resolution, the
10operation of non-highway vehicles on roadways under its
11jurisdiction if the unit of local government determines that
12the public safety will not be jeopardized. The Department may
13authorize the operation of non-highway vehicles on the roadways
14under its jurisdiction if the Department determines that the
15public safety will not be jeopardized. The unit of local
16government or the Department may restrict the types of
17non-highway vehicles that are authorized to be used on its
18streets.
19    Before permitting the operation of non-highway vehicles on
20its roadways, a municipality, township, county, other unit of
21local government, or the Department must consider the volume,
22speed, and character of traffic on the roadway and determine
23whether non-highway vehicles may safely travel on or cross the
24roadway. Upon determining that non-highway vehicles may safely
25operate on a roadway and the adoption of an ordinance or
26resolution by a municipality, township, county, or other unit

 

 

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1of local government, or authorization by the Department,
2appropriate signs shall be posted.
3    If a roadway is under the jurisdiction of more than one
4unit of government, non-highway vehicles may not be operated on
5the roadway unless each unit of government agrees and takes
6action as provided in this subsection.
7    (e) No non-highway vehicle may be operated on a roadway
8unless, at a minimum, it has the following: brakes, a steering
9apparatus, tires, a rearview mirror, red reflectorized warning
10devices in the front and rear, a slow moving emblem (as
11required of other vehicles in Section 12-709 of this Code) on
12the rear of the non-highway vehicle, a headlight that emits a
13white light visible from a distance of 500 feet to the front, a
14tail lamp that emits a red light visible from at least 100 feet
15from the rear, brake lights, and turn signals. When operated on
16a roadway, a non-highway vehicle shall have its headlight and
17tail lamps lighted as required by Section 12-201 of this Code.
18    (f) A person who drives or is in actual physical control of
19a non-highway vehicle on a roadway while under the influence is
20subject to Sections 11-500 through 11-502 of this Code.
21    (g) Any person who operates a non-highway vehicle on a
22street, highway, or roadway shall be subject to the mandatory
23insurance requirements under Article VI of Chapter 7 of this
24Code.
25    (h) It shall not be unlawful for any person to drive or
26operate a non-highway vehicle, as defined in paragraphs (1) and

 

 

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1(4) of subsection (a) of this Section, on a county roadway or
2township roadway for the purpose of conducting farming
3operations to and from the home, farm, farm buildings, and any
4adjacent or nearby farm land.
5    Non-highway vehicles, as used in this subsection (h), shall
6not be subject to subsections (e) and (g) of this Section.
7However, if the non-highway vehicle, as used in this Section,
8is not covered under a motor vehicle insurance policy pursuant
9to subsection (g) of this Section, the vehicle must be covered
10under a farm, home, or non-highway vehicle insurance policy
11issued with coverage amounts no less than the minimum amounts
12set for bodily injury or death and for destruction of property
13under Section 7-203 of this Code. Non-highway vehicles operated
14on a county or township roadway at any time between one-half
15hour before sunset and one-half hour after sunrise must be
16equipped with head lamps and tail lamps, and the head lamps and
17tail lamps must be lighted.
18    Non-highway vehicles, as used in this subsection (h), shall
19not make a direct crossing upon or across any tollroad,
20interstate highway, or controlled access highway in this State.
21    Non-highway vehicles, as used in this subsection (h), shall
22be allowed to cross a State highway, municipal street, county
23highway, or road district highway if the operator of the
24non-highway vehicle makes a direct crossing provided:
25        (1) the crossing is made at an angle of approximately
26    90 degrees to the direction of the street, road or highway

 

 

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

 

 

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1road district highway if:
2        (1) the crossing is made at an angle of approximately
3    90 degrees to the direction of the street, road, or highway
4    and at a place where no obstruction prevents a quick and
5    safe crossing;
6        (2) the non-highway vehicle is brought to a complete
7    stop before attempting a crossing;
8        (3) the operator of the non-highway vehicle yields the
9    right of way to all pedestrian and vehicular traffic which
10    constitutes a hazard; and
11        (4) when crossing a divided highway, the crossing is
12    made only at an intersection of the highway with another
13    public street, road, or highway.
14(Source: P.A. 97-144, eff. 7-14-11; 98-567, eff. 1-1-14.)