HB2264ham001 104TH GENERAL ASSEMBLY

Rep. Brad Stephens

Filed: 4/7/2025

10400HB2264ham001 LRB104 11734 LNS 25128 a

AMENDMENT TO HOUSE BILL 2264

AMENDMENT NO. ______. Amend House Bill 2264 by replacing everything after the enacting clause with the following:

"Section 1. Short title. This Act may be cited as the Autonomous Vehicle Pilot Project 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 it is limited to a specific operational design domain.

"Autonomous vehicle operator" means a person operating fully autonomous vehicles on public roads and highways of this State in connection with an AV Pilot Project and who meets the requirements set forth in Section 15 of this Act.

"AV Pilot Project" means a pilot or demonstration authorizing eligible autonomous vehicle operators to make fully autonomous vehicles available to the public for testing on the public roads and highways of this State performed under this Act.

"Department" means the Department of Transportation.

"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 fully autonomous vehicles, including, but not limited to, real-time perception, collision avoidance, sensor, environmental, traffic, communication, network, camera, and incident data.

"Fully autonomous 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).

"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.

"Processing" or "process" means any operation or set of operations that is performed on data or on sets of data, whether or not 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.

"Suspension/restriction notice" means a notice of intent issued under Section 20 of this Act by the Department to suspend the registration of or to impose restrictions on the fully autonomous vehicles participating in the AV Pilot Project.

Section 10. AV Pilot Project commencement; geographic boundaries.

(a) An AV Pilot Project may be commenced by an autonomous vehicle operator at any time after the autonomous vehicle operator provides a statement to the Department that it meets the requirements provided Section 15 of this Act. An autonomous vehicle operator's statement to the Department shall also set forth the operational design domain for an AV Pilot Project as described in subsection (b) of this Section. An autonomous vehicle operator may charge fees to members of the public for passenger trips made in connection with an AV Pilot Project. An autonomous vehicle operator may engage in multiple AV Pilot Projects under this subsection (a).

(b) An autonomous vehicle operator shall determine the operational design domain for an AV Pilot Project, which must be confined within Cook County and Sangamon County.

Section 15. AV Pilot Project eligibility.

(a) The operation of fully autonomous vehicles participating in the AV Pilot Project is subject to all applicable federal and State laws.

(b) An autonomous vehicle operator is eligible to participate in the AV Pilot Program if the autonomous vehicle operator submits the following to the Department:

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

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

(B) where, in the vehicle, to obtain owner information, vehicle registration, and proof of insurance in the event of a collision or traffic violation involving the vehicle;

(C) 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 fully autonomous vehicle.

(2) A written statement to the Department acknowledging all of the following:

(A) When required by federal law, the fully autonomous 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 fully autonomous vehicle will achieve a minimal risk condition, which is a stable, stopped condition to which an autonomous vehicle operator or an automated driving system may bring a vehicle in order to reduce the risk of a crash.

(C) The fully autonomous vehicle is capable of complying with all applicable traffic and motor vehicle safety laws of this State and the person who submits the written statement for the fully autonomous vehicle may be issued a traffic citation or other applicable penalty if the vehicle fails to comply with applicable traffic or motor vehicle laws.

(D) The fully autonomous vehicle meets all applicable certificate of title, registration, licensing, and insurance requirements of this State.

(3) Evidence of financial responsibility, including an instrument of insurance, surety bond, or proof of self-insurance in the amount of $5,000,000 in a form and manner required by the Department.

(c) When engaged, the automated driving system of a fully autonomous vehicle participating in the AV Pilot Project is considered the driver or operator of the fully autonomous vehicle for the purpose of assessing compliance with applicable traffic or motor vehicle laws and is exempt from:

(1) the requirements of Chapter 6 of the Illinois Vehicle Code; and

(2) any provision that, by its nature, reasonably applies only to a human driver and does not apply to a fully autonomous vehicle operating with the automated driving system engaged.

Section 20. Enforcement.

(a) This Section provides the exclusive means by which the Department may suspend or restrict the participation of an autonomous vehicle operator in the AV Pilot Project for reasons related to safety.

(b) If the Department determines, based on data, information, or other evidence, that a fully autonomous vehicle is not in safe mechanical condition and endangers persons on public roads and highways, the Department may send the autonomous vehicle operator a suspension/restriction notice.

(c) A suspension/restriction notice must:

(1) include a brief summary of the Department's determination and evidence supporting the determination; and

(2) provide the autonomous vehicle operator a reasonable period, which may be extended upon reasonable written request, to correct the issues identified in the Department's determination and to provide to the Department the certification described under paragraph (2) of subsection (d) of this Section within the specified period.

(d) Before the expiration of the period specified in the suspension/restriction notice, the autonomous vehicle operator shall:

(1) ensure that the issues identified by the Department in the suspension/restriction notice are corrected; and

(2) provide to the Department, in the form and manner prescribed by the Department, a certification acknowledging that the issues identified in the suspension/restriction notice have been corrected. A certification provided under this paragraph must include an explanation of how the issues identified by the Department in the suspension/restriction notice have been corrected, such as identifying specific adjustments made to the automated driving system.

(e) If the autonomous vehicle operator fails to comply with subsection (d) of this Section or the Department determines that the certification provided to the Department under that subsection is inaccurate, the Department shall:

(1) as specified in the suspension/restriction notice:

(A) suspend the authorization issued under this Act for the fully autonomous vehicle; or

(B) impose restrictions on the operation of the fully autonomous vehicle; and

(2) notify the autonomous vehicle operator of the action by the Department under paragraph (1) of this subsection (e).

(f) The Department shall promptly rescind a suspension imposed under subsection (e) of this Section or remove a restriction imposed under that subsection if:

(1) the autonomous vehicle operator of the fully autonomous vehicle subsequently takes the actions required under subsection (d); and

(2) the Department does not determine that the certification provided under paragraph (2) of subsection (d) is inaccurate.

(g) The autonomous vehicle operator that is the subject of a suspension/restriction notice also has the right to dispute any of the Department's findings or determinations and may request an administrative hearing under Article 10 of the Illinois Administrative Procedure Act.

Section 25. Home rule. The regulation of AV Pilot Projects is the exclusive power and function of the State. A home rule unit may not regulate AV Pilot Projects. This Section is a denial and limitation of home rule powers and functions under subsection (h) of Article VII of the Illinois Constitution.

Section 30. Exclusive regulation. This Act exclusively governs the operation of AV Pilot Projects in the State.

Section 35. Evaluation data. As part of and to further the purposes of an AV Pilot Project, autonomous vehicle operators are explicitly authorized to process evaluation data. Autonomous vehicle operators shall implement, maintain, and enforce for as long as the AV Pilot Project is in effect or as long as autonomous vehicle operators store or otherwise process 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. This Section shall exclusively govern autonomous vehicle operators' processing of evaluation data in connection with an AV Pilot Project and supersedes and renders inapplicable any other State law addressing evaluation data processing or any other data processing, including those requiring individual written release or consent.

Section 40. Repeal. This Act is repealed on January 1, 2029.

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