Illinois General Assembly - Full Text of HB3721
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Full Text of HB3721  102nd General Assembly




State of Illinois
2021 and 2022


Introduced 2/22/2021, by Rep. C.D. Davidsmeyer


625 ILCS 5/11-1401  from Ch. 95 1/2, par. 11-1401
625 ILCS 5/11-1429

    Amends the Illinois Vehicle Code. Provides that an unattended vehicle shall not include an unattended locked motor vehicle with the engine running after being started by a remote starter system if the motor vehicle is located in a municipality with a population of less than 250,000. Provides that language allowing a motor vehicle operating on diesel fuel and started by a remote starter system to idle for more than 10 minutes at a time applies only if the motor vehicle is located in a municipality with a population of less than 250,000. Effective immediately.

LRB102 13823 RAM 19173 b





HB3721LRB102 13823 RAM 19173 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
5changing Sections 11-1401 and 11-1429 as follows:
6    (625 ILCS 5/11-1401)  (from Ch. 95 1/2, par. 11-1401)
7    Sec. 11-1401. Unattended motor vehicles. Except for a law
8enforcement officer or an operator of an authorized emergency
9vehicle performing his or her official duties, no person
10driving or in charge of a motor vehicle shall permit it to
11stand unattended without first stopping the engine, locking
12the ignition, removing the key from the ignition, effectively
13setting the brake thereon and, when standing upon any
14perceptible grade, turning the front wheels to the curb or
15side of the highway. An unattended motor vehicle shall not
16include an unattended locked motor vehicle with the engine
17running after being started by a remote starter system if the
18motor vehicle is located in a municipality with a population
19of less than 250,000.
20(Source: P.A. 100-435, eff. 8-25-17.)
21    (625 ILCS 5/11-1429)
22    Sec. 11-1429. Excessive idling.



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1    (a) The purpose of this law is to protect public health and
2the environment by reducing emissions while conserving fuel
3and maintaining adequate rest and safety of all drivers of
4diesel vehicles.
5    (b) As used in this Section, "affected areas" means the
6counties of Cook, DuPage, Lake, Kane, McHenry, Will, Madison,
7St. Clair, and Monroe and the townships of Aux Sable and Goose
8Lake in Grundy County and the township of Oswego in Kendall
10    (c) A person that operates a motor vehicle operating on
11diesel fuel in an affected area may not cause or allow the
12motor vehicle, when it is not in motion, to idle for more than
13a total of 10 minutes within any 60 minute period, except under
14the following circumstances:
15        (1) the motor vehicle has a Gross Vehicle Weight
16    Rating of less than 8,000 pounds;
17        (2) the motor vehicle idles while forced to remain
18    motionless because of on-highway traffic, an official
19    traffic control device or signal, or at the direction of a
20    law enforcement official;
21        (3) the motor vehicle idles when operating defrosters,
22    heaters, air conditioners, or other equipment solely to
23    prevent a safety or health emergency;
24        (4) a police, fire, ambulance, public safety, other
25    emergency or law enforcement motor vehicle, or any motor
26    vehicle used in an emergency capacity, idles while in an



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1    emergency or training mode and not for the convenience of
2    the vehicle operator;
3        (5) the primary propulsion engine idles for
4    maintenance, servicing, repairing, or diagnostic purposes
5    if idling is necessary for such activity;
6        (6) a motor vehicle idles as part of a government
7    inspection to verify that all equipment is in good working
8    order, provided idling is required as part of the
9    inspection;
10        (7) when idling of the motor vehicle is required to
11    operate auxiliary equipment to accomplish the intended use
12    of the vehicle (such as loading, unloading, mixing, or
13    processing cargo; controlling cargo temperature;
14    construction operations; lumbering operations; oil or gas
15    well servicing; or farming operations), provided that this
16    exemption does not apply when the vehicle is idling solely
17    for cabin comfort or to operate non-essential equipment
18    such as air conditioning, heating, microwave ovens, or
19    televisions;
20        (8) an armored motor vehicle idles when a person
21    remains inside the vehicle to guard the contents, or while
22    the vehicle is being loaded or unloaded;
23        (9) a bus idles a maximum of 15 minutes in any 60
24    minute period to maintain passenger comfort while
25    non-driver passengers are on board;
26        (10) if the motor vehicle has a sleeping berth, when



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1    the operator is occupying the vehicle during a rest or
2    sleep period and idling of the vehicle is required to
3    operate air conditioning or heating;
4        (11) when the motor vehicle idles due to mechanical
5    difficulties over which the operator has no control;
6        (12) the motor vehicle is used as airport ground
7    support equipment, including, but not limited to, motor
8    vehicles operated on the air side of the airport terminal
9    to service or supply aircraft;
10        (13) the motor vehicle is (i) a bus owned by a public
11    transit authority and (ii) being operated on a designated
12    bus route or on a street or highway between designated bus
13    routes for the provision of public transportation;
14        (14) the motor vehicle is an implement of husbandry
15    exempt from registration under subdivision A(2) of Section
16    3-402 of this Code;
17        (15) the motor vehicle is owned by an electric utility
18    and is operated for electricity generation or hydraulic
19    pressure to power equipment necessary in the restoration,
20    repair, modification or installation of electric utility
21    service;
22        (16) the outdoor temperature is less than 32 degrees
23    Fahrenheit or greater than 80 degrees Fahrenheit; or
24        (17) the motor vehicle idles while being operated by a
25    remote starter system if the motor vehicle is located in a
26    municipality with a population of less than 250,000.



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1    (d) When the outdoor temperature is 32 degrees Fahrenheit
2or higher and 80 degrees Fahrenheit or lower, a person who
3operates a motor vehicle operating on diesel fuel in an
4affected area may not cause or allow the motor vehicle to idle
5for a period greater than 30 minutes in any 60 minute period
6while waiting to weigh, load, or unload cargo or freight,
7unless the vehicle is in a line of vehicles that regularly and
8periodically moves forward.
9    (e) This Section does not prohibit the operation of an
10auxiliary power unit or generator set as an alternative to
11idling the main engine of a motor vehicle operating on diesel
13    (f) This Section does not apply to the owner of a motor
14vehicle rented or leased to another entity or person operating
15the vehicle.
16    (g) Any person convicted of any violation of this Section
17is guilty of a petty offense and shall be fined $90 for the
18first conviction and $500 for a second or subsequent
19conviction within any 12 month period.
20    (h) Fines; distribution. All fines and all penalties
21collected under this Section shall be deposited in the State
22Treasury and shall be distributed as follows: (i) $50 for the
23first conviction and $150 for a second or subsequent
24conviction within any 12 month period under this Section shall
25be deposited into the State's General Revenue Fund; (ii) $20
26for the first conviction and $262.50 for a second or



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1subsequent conviction within any 12 month period under this
2Section shall be distributed to the law enforcement agency
3that issued the citation; and (iii) $20 for the first
4conviction and $87.50 for a second or subsequent conviction
5within any 12 month period under this Section shall be
6deposited into the Trucking Environmental and Education Fund.
7    (i) The Trucking Environmental and Education Fund is
8created as a special fund in the State Treasury. All money
9deposited into the Trucking Environmental and Education Fund
10shall be paid, subject to appropriation by the General
11Assembly, to the Illinois Environmental Protection Agency for
12the purpose of educating the trucking industry on air
13pollution and preventative measures specifically related to
14idling. Any interest earned on deposits into the Fund shall
15remain in the Fund and be used for the purposes set forth in
16this subsection. Notwithstanding any other law to the
17contrary, the Fund is not subject to administrative charges or
18charge-backs that would in any way transfer moneys from the
19Fund into any other fund of the State.
20    (j) Notwithstanding any other provision of this Section, a
21person who operates a motor vehicle with a gross vehicle
22weight rating of 8,000 pounds or more operating on diesel fuel
23on property that (i) offers paid parking services to vehicle
24owners, (ii) does not involve fuel dispensing, and (iii) is
25located in an affected area within a county of over 3 million
26residents but outside of a municipality of over 2 million



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1residents may not cause or allow the motor vehicle, when it is
2not in motion, to idle for more than a total of 10 minutes
3within any 60-minute period under any circumstances if the
4vehicle is within 200 feet of a residential area. This Section
5may be enforced by either the law enforcement agency having
6jurisdiction over the residential area or the law enforcement
7agency having jurisdiction over the property on which the
8violation took place. This subsection does not apply to:
9        (1) school buses;
10        (2) waste hauling vehicles;
11        (3) facilities operated by the Department of
12    Transportation;
13        (4) vehicles owned by a public utility and operated to
14    power equipment necessary in the restoration, repair,
15    modification, or installation of a utility service; or
16        (5) ambulances.
17(Source: P.A. 100-435, eff. 8-25-17; 101-319, eff. 1-1-20.)
18    Section 99. Effective date. This Act takes effect upon
19becoming law.