Full Text of SB2801 95th General Assembly
SB2801 95TH GENERAL ASSEMBLY
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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 SB2801
Introduced 2/15/2008, by Sen. Don Harmon SYNOPSIS AS INTRODUCED: |
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30 ILCS 105/6z-34 |
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625 ILCS 5/11-1404 |
from Ch. 95 1/2, par. 11-1404 |
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Amends the Illinois Vehicle Code and the State Finance Act. Provides that a person may not transport a child under 16 years of age as a passenger on a motorcycle, motor
driven cycle, or motorized pedalcycle unless: the child is wearing protective headgear and the chin strap is properly fastened; or the person is the child's parent or legal guardian and the person is carrying a Child Passenger Permit. Provides that a parent or legal guardian of a child under 16 years of age may apply to the Secretary of State for a Child Passenger Permit to allow the child named in the Child Passenger Permit to be a passenger of that parent or legal guardian on a motorcycle, motor
driven cycle, or motorized pedalcycle without wearing protective headgear. Contains provisions regarding: fees; issuance; validity; display; altered, counterfeit, or otherwise invalid permits; confiscation; penalties; and other matters. |
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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY | |
FISCAL NOTE ACT MAY APPLY |
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A BILL FOR
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SB2801 |
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LRB095 16685 LCT 42716 b |
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| AN ACT regarding motorcycles.
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| Be it enacted by the People of the State of Illinois, | 3 |
| represented in the General Assembly:
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| Section 5. The State Finance Act is amended by changing | 5 |
| Section 6z-34 as follows:
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| (30 ILCS 105/6z-34)
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| Sec. 6z-34. Secretary of State Special Services Fund. There
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| is created in the State Treasury a special fund to be known as | 9 |
| the Secretary of
State Special Services Fund. Moneys deposited | 10 |
| into the Fund may, subject to
appropriation, be used by the | 11 |
| Secretary of State for any or all of the
following purposes:
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| (1) For general automation efforts within operations | 13 |
| of the Office of
Secretary of State.
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| (2) For technology applications in any form that will | 15 |
| enhance the
operational capabilities of the Office of | 16 |
| Secretary of State.
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| (3) To provide funds for any type of library grants | 18 |
| authorized and
administered by the Secretary of State as | 19 |
| State Librarian.
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| (4) To carry out the duties of the
Office of Secretary | 21 |
| of State under subsection (d) of Section 11-1404 of the | 22 |
| Illinois Vehicle Code. | 23 |
| These funds are in addition to any other funds otherwise |
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SB2801 |
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LRB095 16685 LCT 42716 b |
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| authorized to the
Office of Secretary of State for like or | 2 |
| similar purposes.
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| On August 15, 1997, all fiscal year 1997 receipts that | 4 |
| exceed the
amount of $15,000,000 shall be transferred from this | 5 |
| Fund to the Statistical
Services Revolving Fund; on August 15, | 6 |
| 1998 and each year thereafter
through 2000, all
receipts from | 7 |
| the fiscal year ending on the previous June 30th that exceed | 8 |
| the
amount of $17,000,000 shall be transferred from this Fund | 9 |
| to the Statistical
Services Revolving Fund; on August 15, 2001 | 10 |
| and each year thereafter
through 2002, all
receipts from the | 11 |
| fiscal year ending on the previous June 30th that exceed the
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| amount of $19,000,000 shall be transferred from this Fund to | 13 |
| the Statistical
Services Revolving Fund; and on August 15, 2003 | 14 |
| and each year thereafter, all
receipts from the fiscal year | 15 |
| ending on the previous June 30th that exceed the
amount of | 16 |
| $33,000,000 shall be transferred from this Fund to the | 17 |
| Statistical
Services Revolving Fund.
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| (Source: P.A. 92-32, eff. 7-1-01; 93-32, eff. 7-1-03.)
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| Section 10. The Illinois Vehicle Code is amended by | 20 |
| changing
Section 11-1404 as follows:
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| (625 ILCS 5/11-1404) (from Ch. 95 1/2, par. 11-1404)
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| Sec. 11-1404. Special equipment for persons riding | 23 |
| motorcycles, motor
driven cycles or motorized pedalcycles.
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| (a) The operator of a motorcycle, motor
driven cycle or |
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LRB095 16685 LCT 42716 b |
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| motorized pedalcycle and every passenger thereon shall be
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| protected by glasses, goggles or a transparent shield.
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| (b) For the purposes of this Section, glasses, goggles, and | 4 |
| transparent
shields are defined as follows:
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| "Glasses" means ordinary eye pieces such as spectacles or | 6 |
| sunglasses worn
before the eye, made of shatter-resistant | 7 |
| material.
Shatter-resistant material, as used in this Section, | 8 |
| means material so
manufactured, fabricated, or
created that it | 9 |
| substantially prevents shattering or flying when struck or
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| broken.
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| "Goggles" means a device worn before the eyes, the | 12 |
| predominant function of
which is protecting the eyes without | 13 |
| obstructing peripheral vision. Goggles
shall provide | 14 |
| protection from the front and sides, and may or may not form a
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| complete seal with the face.
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| "Transparent shield" means a windshield attached to the | 17 |
| front of a motorcycle
that extends above the eyes when an | 18 |
| operator is seated in the normal, upright
riding position, made | 19 |
| of shatter-resistant material, or a shatter-resistant
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| protective face shield that covers the wearer's eyes and face | 21 |
| at least to a
point approximately to the tip of the nose.
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| (c) Contact lenses are not acceptable eye protection | 23 |
| devices.
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| (d) Children under 16 years of age. | 25 |
| (1) A person may not transport a child under 16 years | 26 |
| of age as a passenger on a motorcycle, motor
driven cycle, |
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LRB095 16685 LCT 42716 b |
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| or motorized pedalcycle unless: | 2 |
| (A) the child is wearing protective headgear of a | 3 |
| type that meets the standards established for | 4 |
| motorcycle operation in 49 CFR 571.218 and the chin | 5 |
| strap is properly fastened; or | 6 |
| (B) the person is the child's parent or legal | 7 |
| guardian and the person is carrying a valid Child | 8 |
| Passenger Permit that (i) is issued to that person in | 9 |
| accordance with this subsection (d) and (ii) names the | 10 |
| child who is the passenger. | 11 |
| (2) A parent or legal guardian of a child under 16 | 12 |
| years of age may apply to the Secretary of State, in a form | 13 |
| and manner to be prescribed by the Secretary of State by | 14 |
| rule, for a Child Passenger Permit to allow the child named | 15 |
| in the Child Passenger Permit to be a passenger of that | 16 |
| parent or legal guardian on a motorcycle, motor
driven | 17 |
| cycle, or motorized pedalcycle without wearing protective | 18 |
| headgear. The fee for a Child Passenger Permit is $100, of | 19 |
| which $90 shall be deposited into the Cycle Rider Safety | 20 |
| Training Fund and $10 shall be deposited into the Secretary | 21 |
| of State Special Services Fund. A Child Passenger Permit | 22 |
| issued by the Secretary of State shall be valid until the | 23 |
| child's 16th birthday. Each Child Passenger Permit may be | 24 |
| carried only by the parent or legal guardian to whom it was | 25 |
| issued. Each Child Passenger Permit may name only one | 26 |
| child. A Child Passenger Permit shall be displayed upon |
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| request made by any law
enforcement officer wearing a | 2 |
| uniform or displaying a badge or other sign
of authority. | 3 |
| As used in this Section, "display" means the manual | 4 |
| surrender of the Child Passenger Permit into
the hands of | 5 |
| the law enforcement officer
making the request for the
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| inspection thereof. | 7 |
| (3) A person may not knowingly alter or counterfeit a | 8 |
| Child Passenger Permit. A person may not knowingly display | 9 |
| a Child Passenger Permit that is issued to another person, | 10 |
| a Child Passenger Permit that names a child other than the | 11 |
| passenger being transported, or a Child Passenger Permit or | 12 |
| purported Child Passenger Permit that is
illegally | 13 |
| altered, counterfeit, or otherwise invalid, and if a law
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| enforcement officer issues a citation to a person for
any | 15 |
| of those reasons, the officer shall confiscate the
evidence | 16 |
| for presentation in court. | 17 |
| (4) Violation of paragraph (3) of this subsection (d) | 18 |
| is a Class A misdemeanor. Violation of any other provision | 19 |
| of this subsection (d) is a Class C misdemeanor. | 20 |
| (Source: P.A. 89-271, eff. 1-1-96.)
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