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Full Text of SB1802  102nd General Assembly

SB1802 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB1802

 

Introduced 2/26/2021, by Sen. Darren Bailey

 

SYNOPSIS AS INTRODUCED:
 
625 ILCS 5/3-412  from Ch. 95 1/2, par. 3-412
625 ILCS 5/3-413  from Ch. 95 1/2, par. 3-413
625 ILCS 5/3-806  from Ch. 95 1/2, par. 3-806
625 ILCS 5/3-806.1  from Ch. 95 1/2, par. 3-806.1
625 ILCS 5/3-806.5
625 ILCS 5/11-1426.1

    Amends the Illinois Vehicle Code. Provides that the Secretary of State may issue registration plates for all-terrain vehicles and recreational off-highway vehicles. Prescribes placement of registration plates on the rear of all-terrain and recreational off-highway vehicles. Provides registration fees and surcharges. Provides that all-terrain vehicles and recreational off-highway vehicles may be operated on rural roads. Limits home rule powers with respect to the discretion of a municipality, township, county, or other unit of local government to regulate the usage of all-terrain vehicles and recreational off-highway vehicles on roads under their jurisdiction. Effective immediately.


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FISCAL NOTE ACT MAY APPLY
HOME RULE NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB1802LRB102 13376 RAM 18720 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 3-412, 3-413, 3-806, 3-806.1, 3-806.5, and
611-1426.1 as follows:
 
7    (625 ILCS 5/3-412)  (from Ch. 95 1/2, par. 3-412)
8    Sec. 3-412. Registration plates or digital registration
9plates and registration stickers or digital registration
10stickers to be furnished by the Secretary of State.
11    (a) The Secretary of State upon registering a vehicle
12subject to annual registration for the first time shall issue
13or shall cause to be issued to the owner one registration plate
14or digital registration plate for a motorcycle, trailer,
15semitrailer, moped, autocycle, all-terrain vehicle,
16recreational off-highway vehicle, or truck-tractor, 2
17registration plates, or a digital registration plate and metal
18plate as set forth in Section 3-401.5, for other motor
19vehicles and, where applicable, current registration stickers
20or digital registration stickers for motor vehicles of the
21first division. The provisions of this Section may be made
22applicable to such vehicles of the second division, as the
23Secretary of State may, from time to time, in his discretion

 

 

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1designate. On subsequent annual registrations during the term
2of the registration plate or digital registration plate as
3provided in Section 3-414.1, the Secretary shall issue or
4cause to be issued registration stickers or digital
5registration stickers as evidence of current registration.
6However, the issuance of annual registration stickers or
7digital registration stickers to vehicles registered under the
8provisions of Sections 3-402.1 and 3-405.3 of this Code may
9not be required if the Secretary deems the issuance
10unnecessary.
11    (b) Every registration plate or digital registration plate
12shall have displayed upon it the registration number assigned
13to the vehicle for which it is issued, the name of this State,
14which may be abbreviated, the year number for which it was
15issued, which may be abbreviated, the phrase "Land of Lincoln"
16(except as otherwise provided in this Code), and such other
17letters or numbers as the Secretary may prescribe. However,
18for apportionment plates issued to vehicles registered under
19Section 3-402.1 and fleet plates issued to vehicles registered
20under Section 3-405.3, the phrase "Land of Lincoln" may be
21omitted to allow for the word "apportioned", the word "fleet",
22or other similar language to be displayed. Registration plates
23or digital registration plates issued to a vehicle registered
24as a fleet vehicle may display a designation determined by the
25Secretary.
26    The Secretary may in his discretion prescribe that letters

 

 

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1be used as prefixes only on registration plates or digital
2registration plates issued to vehicles of the first division
3which are registered under this Code and only as suffixes on
4registration plates or digital registration plates issued to
5other vehicles. Every registration sticker or digital
6registration sticker issued as evidence of current
7registration shall designate the year number for which it is
8issued and such other letters or numbers as the Secretary may
9prescribe and shall be of a contrasting color with the
10registration plates or digital registration plates and
11registration stickers or digital registration stickers of the
12previous year.
13    (c) Each registration plate or digital registration plate
14and the required letters and numerals thereon, except the year
15number for which issued, shall be of sufficient size to be
16plainly readable from a distance of 100 feet during daylight,
17and shall be coated with reflectorizing material. The
18dimensions of the plate issued to vehicles of the first
19division shall be 6 by 12 inches.
20    (d) The Secretary of State shall issue for every passenger
21motor vehicle rented without a driver the same type of
22registration plates or digital registration plates as the type
23of plates issued for a private passenger vehicle.
24    (e) The Secretary of State shall issue for every passenger
25car used as a taxicab or livery, distinctive registration
26plates or digital registration plates.

 

 

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1    (f) The Secretary of State shall issue for every
2motorcycle distinctive registration plates or digital
3registration plates distinguishing between motorcycles having
4150 or more cubic centimeters piston displacement, or having
5less than 150 cubic centimeter piston displacement.
6    (g) Registration plates or digital registration plates
7issued to vehicles for-hire may display a designation as
8determined by the Secretary that such vehicles are for-hire.
9    (h) (Blank).
10    (i) The Secretary of State shall issue for every public
11and private ambulance registration plates or digital
12registration plates identifying the vehicle as an ambulance.
13The Secretary shall forward to the Department of Healthcare
14and Family Services registration information for the purpose
15of verification of claims filed with the Department by
16ambulance owners for payment for services to public assistance
17recipients.
18    (j) The Secretary of State shall issue for every public
19and private medical carrier or rescue vehicle livery
20registration plates or digital registration plates displaying
21numbers within ranges of numbers reserved respectively for
22medical carriers and rescue vehicles. The Secretary shall
23forward to the Department of Healthcare and Family Services
24registration information for the purpose of verification of
25claims filed with the Department by owners of medical carriers
26or rescue vehicles for payment for services to public

 

 

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1assistance recipients.
2    (k) The Secretary of State shall issue distinctive license
3plates or digital registration plates or distinctive license
4plate stickers or digital registration stickers for every
5vehicle exempted from subsections (a) and (a-5) of Section
612-503 by subsection (g) of that Section, and by subsection
7(g-5) of that Section before its deletion by this amendatory
8Act of the 95th General Assembly. The Secretary shall issue
9these plates or stickers immediately upon receiving the
10physician's certification required under subsection (g) of
11Section 12-503. New plates or stickers shall also be issued
12when the certification is renewed as provided in that
13subsection.
14    (l) The Secretary of State shall issue distinctive
15registration plates or digital registration plates for
16low-speed vehicles.
17    (m) The Secretary of State shall issue distinctive
18registration plates or digital registration plates for
19autocycles. The dimensions of the plate issued to autocycles
20shall be 4 by 7 inches.
21    (n) The Secretary of State shall issue distinctive
22registration plates for all-terrain vehicles and recreational
23off-highway vehicles. The dimensions of the plate issued to
24all-terrain vehicles and recreational off-highway vehicles
25shall be 4 by 7 inches.
26(Source: P.A. 101-395, eff. 8-16-19.)
 

 

 

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1    (625 ILCS 5/3-413)  (from Ch. 95 1/2, par. 3-413)
2    Sec. 3-413. Display of registration plates or digital
3registration plates, registration stickers or digital
4registration stickers, and drive-away permits; registration
5plate or digital registration plate covers.
6    (a) Registration plates or digital registration plates
7issued for a motor vehicle other than a motorcycle, autocycle,
8trailer, semitrailer, truck-tractor, all-terrain vehicle,
9recreational off-highway vehicle, apportioned bus, or
10apportioned truck shall be attached thereto, one in the front
11and one in the rear. The registration plate or digital
12registration plate issued for a motorcycle, autocycle,
13all-terrain vehicle, recreational off-highway vehicle, trailer
14or semitrailer required to be registered hereunder and any
15apportionment plate issued to a bus under the provisions of
16this Code shall be attached to the rear thereof. The
17registration plate or digital registration plate issued for a
18truck-tractor or an apportioned truck required to be
19registered hereunder shall be attached to the front thereof.
20    (b) Except for vehicles with rear loaded motorized
21forklifts, every registration plate or digital registration
22plate shall at all times be securely fastened in a horizontal
23position to the vehicle for which it is issued so as to prevent
24the plate from swinging and at a height of not less than 5
25inches from the ground, measuring from the bottom of such

 

 

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1plate, in a place and position to be clearly visible and shall
2be maintained in a condition to be clearly legible, free from
3any materials that would obstruct the visibility of the plate.
4A registration plate or digital registration plate on a
5motorcycle may be mounted vertically as long as it is
6otherwise clearly visible. Registration stickers or digital
7registration stickers issued as evidence of renewed annual
8registration shall be attached to registration plates or
9displayed on digital registration plates as required by the
10Secretary of State, and be clearly visible at all times. For
11those vehicles with rear loaded motorized forklifts, if the
12rear plate is securely fastened in a horizontal position as
13prescribed, the plate and registration sticker shall not be
14required to be clearly visible at all times as a result of the
15rear mounted motorized forklift obstructing the view.
16    (c) Every drive-away permit issued pursuant to this Code
17shall be firmly attached to the motor vehicle in the manner
18prescribed by the Secretary of State. If a drive-away permit
19is affixed to a motor vehicle in any other manner the permit
20shall be void and of no effect.
21    (d) The Illinois prorate decal issued to a foreign
22registered vehicle part of a fleet prorated or apportioned
23with Illinois, shall be displayed on a registration plate or
24digital registration plate and displayed on the front of such
25vehicle in the same manner as an Illinois registration plate
26or digital registration plate.

 

 

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1    (e) The registration plate or digital registration plate
2issued for a camper body mounted on a truck displaying
3registration plates or digital registration plates shall be
4attached to the rear of the camper body.
5    (f) No person shall operate a vehicle, nor permit the
6operation of a vehicle, upon which is displayed an Illinois
7registration plate or plates or digital registration plate or
8plates or registration stickers or digital registration
9stickers, except as provided for in subsection (b) of Section
103-701 of this Code, after the termination of the registration
11period for which issued or after the expiration date set
12pursuant to Sections 3-414 and 3-414.1 of this Code.
13    (g) A person may not operate any motor vehicle that is
14equipped with registration plate or digital registration plate
15covers. A violation of this subsection (g) or a similar
16provision of a local ordinance is an offense against laws and
17ordinances regulating the movement of traffic.
18    (h) A person may not sell or offer for sale a registration
19plate or digital registration plate cover. A violation of this
20subsection (h) is a business offense.
21    (i) A person may not advertise for the purpose of
22promoting the sale of registration plate or digital
23registration plate covers. A violation of this subsection (i)
24is a business offense.
25    (j) A person may not modify the original manufacturer's
26mounting location of the rear registration plate or digital

 

 

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1registration plate on any vehicle so as to conceal the
2registration or to knowingly cause it to be obstructed in an
3effort to hinder a peace officer from obtaining the
4registration for the enforcement of a violation of this Code,
5Section 27.1 of the Toll Highway Act concerning toll evasion,
6or any municipal ordinance. Modifications prohibited by this
7subsection (j) include but are not limited to the use of an
8electronic device. A violation of this subsection (j) is a
9Class A misdemeanor.
10(Source: P.A. 101-395, eff. 8-16-19.)
 
11    (625 ILCS 5/3-806)  (from Ch. 95 1/2, par. 3-806)
12    Sec. 3-806. Registration Fees; Motor Vehicles of the First
13Division. Every owner of any other motor vehicle of the first
14division, except as provided in Sections 3-804, 3-804.01,
153-804.3, 3-805, 3-806.3, 3-806.7, and 3-808, and every second
16division vehicle weighing 8,000 pounds or less, shall pay the
17Secretary of State an annual registration fee at the following
18rates:
 
19SCHEDULE OF REGISTRATION FEES
20REQUIRED BY LAW
21Beginning with the 2021 registration year
22Annual Fee
23Motor vehicles of the first division other
24than Autocycles, Motorcycles, Motor

 

 

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1Driven Cycles, and Pedalcycles , All-Terrain
2Vehicles, and Recreational Off-Highway
3Vehicles
$148
4
5Autocycles68
6All-Terrain Vehicles and Recreational
7Off-Highway Vehicles
26
8Motorcycles, Motor Driven
9Cycles and Pedalcycles 38
10    A $1 surcharge shall be collected in addition to the above
11fees for motor vehicles of the first division, autocycles,
12all-terrain vehicles, recreational off-highway vehicles,
13motorcycles, motor driven cycles, and pedalcycles to be
14deposited into the State Police Vehicle Fund.
15    All of the proceeds of the additional fees imposed by
16Public Act 96-34 shall be deposited into the Capital Projects
17Fund.
18    A $2 surcharge shall be collected in addition to the above
19fees for motor vehicles of the first division, autocycles,
20all-terrain vehicles, recreational off-highway vehicles,
21motorcycles, motor driven cycles, and pedalcycles to be
22deposited into the Park and Conservation Fund for the
23Department of Natural Resources to use for conservation
24efforts. The monies deposited into the Park and Conservation
25Fund under this Section shall not be subject to administrative
26charges or chargebacks unless otherwise authorized by this

 

 

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1Act.
2    Of the fees collected for motor vehicles of the first
3division other than Autocycles, Motorcycles, Motor Driven
4Cycles, and Pedalcycles, $1 of the fees shall be deposited
5into the Secretary of State Special Services Fund and $49 of
6the fees shall be deposited into the Road Fund.
7    Of the fee collected for the registration of all-terrain
8vehicles and recreational off-highway vehicles, $10 shall be
9paid to the county in which the registrant resides, $10 shall
10be paid to the municipality in which the registrant resides,
11$5 shall be paid into the General Revenue Fund, and $1 shall be
12paid to the State Police Operations Assistance Fund, except
13that if the registrant resides in an unincorporated area, $20
14of the fee shall be paid to the county in which the registrant
15resides.
16(Source: P.A. 101-32, eff. 6-28-19.)
 
17    (625 ILCS 5/3-806.1)  (from Ch. 95 1/2, par. 3-806.1)
18    Sec. 3-806.1. Additional fees for vanity license plates.
19In addition to the regular registration fee, an applicant for
20a vanity license plate, other than a vanity plate in any
21military series or a vanity plate issued under Section 3-664,
22shall be charged $94 for each set of vanity license plates
23issued to a vehicle of the first division or a vehicle of the
24second division registered at not more than 8,000 pounds or to
25a recreational vehicle and $50 for each set of vanity plates

 

 

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1issued to an autocycle, all-terrain vehicle, recreational
2off-highway vehicle, or motorcycle. In addition to the regular
3renewal fee, an applicant for a vanity plate, other than a
4vanity plate in any military series or a vanity plate issued
5under Section 3-664, shall be charged $13 for the renewal of
6each set of vanity license plates. There shall be no
7additional fees for a vanity license plate in any military
8series of plates or a vanity plate issued under Section 3-664.
9(Source: P.A. 98-777, eff. 1-1-15.)
 
10    (625 ILCS 5/3-806.5)
11    Sec. 3-806.5. Additional fees for personalized license
12plates. For registration periods commencing after December 31,
132003, in addition to the regular registration fee, an
14applicant for a personalized license plate, other than a
15personalized plate in any military series or a personalized
16plate issued under Section 3-664, shall be charged $47 for
17each set of personalized license plates issued to a vehicle of
18the first division or a vehicle of the second division
19registered at not more than 8,000 pounds or to a recreational
20vehicle and $25 for each set of personalized plates issued to
21an autocycle, all-terrain vehicle, recreational off-highway
22vehicle, or motorcycle. In addition to the regular renewal
23fee, an applicant for a personalized plate other than a
24personalized plate in any military series or a personalized
25plate issued under Section 3-664, shall be charged $7 for the

 

 

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1renewal of each set of personalized license plates. There
2shall be no additional fees charged for a personalized plate
3in any military series of plates or a personalized plate
4issued under Section 3-664. Of the money received by the
5Secretary of State as additional fees for personalized license
6plates, 50% shall be deposited into the Secretary of State
7Special License Plate Fund and 50% shall be deposited into the
8General Revenue Fund.
9(Source: P.A. 98-777, eff. 1-1-15.)
 
10    (625 ILCS 5/11-1426.1)
11    Sec. 11-1426.1. Operation of non-highway vehicles on
12streets, roads, and highways.
13    (a) As used in this Section, "non-highway vehicle" means a
14motor vehicle not specifically designed to be used on a public
15highway, including:
16        (1) an all-terrain vehicle, as defined by Section
17    1-101.8 of this Code;
18        (2) a golf cart, as defined by Section 1-123.9;
19        (3) an off-highway motorcycle, as defined by Section
20    1-153.1; and
21        (4) a recreational off-highway vehicle, as defined by
22    Section 1-168.8.
23    (b) Except as otherwise provided in this Section, it is
24unlawful for any person to drive or operate a non-highway
25vehicle upon any street, highway, or roadway in this State. If

 

 

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1the operation of a non-highway vehicle is authorized under
2subsection (d), the non-highway vehicle may be operated only
3on streets where the posted speed limit is 35 miles per hour or
4less, except that all-terrain vehicles and recreational
5off-highway vehicles may be operated on rural roads. This
6subsection (b) does not prohibit a non-highway vehicle from
7crossing a road or street at an intersection where the road or
8street has a posted speed limit of more than 35 miles per hour.
9    (b-5) A person may not operate a non-highway vehicle upon
10any street, highway, or roadway in this State unless he or she
11has a valid driver's license issued in his or her name by the
12Secretary of State or by a foreign jurisdiction.
13    (c) No person operating a non-highway vehicle shall make a
14direct crossing upon or across any tollroad, interstate
15highway, or controlled access highway in this State. No person
16operating a non-highway vehicle shall make a direct crossing
17upon or across any other highway under the jurisdiction of the
18State except at an intersection of the highway with another
19public street, road, or highway.
20    (c-5) (Blank).
21    (d) A municipality, township, county, or other unit of
22local government may authorize, by ordinance or resolution,
23the operation of non-highway vehicles on roadways under its
24jurisdiction if the unit of local government determines that
25the public safety will not be jeopardized. The Department may
26authorize the operation of non-highway vehicles on the

 

 

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1roadways under its jurisdiction if the Department determines
2that the public safety will not be jeopardized. The unit of
3local government or the Department may restrict the types of
4non-highway vehicles that are authorized to be used on its
5streets.
6    Before permitting the operation of non-highway vehicles on
7its roadways, a municipality, township, county, other unit of
8local government, or the Department must consider the volume,
9speed, and character of traffic on the roadway and determine
10whether non-highway vehicles may safely travel on or cross the
11roadway. Upon determining that non-highway vehicles may safely
12operate on a roadway and the adoption of an ordinance or
13resolution by a municipality, township, county, or other unit
14of local government, or authorization by the Department,
15appropriate signs may shall be posted.
16    If a roadway is under the jurisdiction of more than one
17unit of government, non-highway vehicles may not be operated
18on the roadway unless each unit of government agrees and takes
19action as provided in this subsection.
20    (d-5) A unit of local government, including a home rule
21unit, may not regulate the operation of non-highway vehicles
22in a manner inconsistent with the regulation by the State of
23the operation of non-highway vehicles under this Code. This
24subsection is a limitation under subsection (i) of Section 6
25of Article VII of the Illinois Constitution on the concurrent
26exercise by home rule units of powers and functions exercised

 

 

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

 

 

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

 

 

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1    stop before attempting a crossing;
2        (3) the operator of the non-highway vehicle yields the
3    right of way to all pedestrian and vehicular traffic which
4    constitutes a hazard; and
5        (4) that when crossing a divided highway, the crossing
6    is made only at an intersection of the highway with
7    another public street, road, or highway.
8    (i) No action taken by a unit of local government under
9this Section designates the operation of a non-highway vehicle
10as an intended or permitted use of property with respect to
11Section 3-102 of the Local Governmental and Governmental
12Employees Tort Immunity Act.
13(Source: P.A. 97-144, eff. 7-14-11; 98-567, eff. 1-1-14.)
 
14    Section 99. Effective date. This Act takes effect upon
15becoming law.