Full Text of HB3721 102nd General Assembly
HB3721 102ND GENERAL ASSEMBLY |
| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022 HB3721 Introduced 2/22/2021, by Rep. C.D. Davidsmeyer SYNOPSIS AS INTRODUCED: |
| 625 ILCS 5/11-1401 | from Ch. 95 1/2, par. 11-1401 | 625 ILCS 5/11-1429 | |
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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.
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| | A BILL FOR |
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| 1 | | AN ACT concerning transportation.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Vehicle Code is amended by | 5 | | changing 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 | 8 | | enforcement officer or an operator of an authorized emergency | 9 | | vehicle performing his or her official duties, no person | 10 | | driving or in charge of
a motor vehicle shall permit it to | 11 | | stand unattended without first stopping the
engine, locking | 12 | | the ignition, removing the key from the
ignition, effectively | 13 | | setting the brake thereon and, when standing upon any
| 14 | | perceptible grade, turning the front
wheels to the curb or | 15 | | side of the highway. An unattended motor vehicle shall not | 16 | | include an unattended locked motor vehicle with the engine | 17 | | running after being started by a remote starter system if the | 18 | | motor vehicle is located in a municipality with a population | 19 | | of 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 | 2 | | the environment by reducing emissions while conserving fuel | 3 | | and maintaining adequate rest and safety of all drivers of | 4 | | diesel vehicles. | 5 | | (b) As used in this Section, "affected areas" means the | 6 | | counties of Cook, DuPage, Lake, Kane, McHenry, Will, Madison, | 7 | | St. Clair, and Monroe and the townships of Aux Sable and Goose | 8 | | Lake in Grundy County and the township of Oswego in Kendall | 9 | | County. | 10 | | (c) A person that operates a motor
vehicle operating on | 11 | | diesel fuel in an affected area may not cause or allow the
| 12 | | motor vehicle, when it is not in motion, to idle for more than
| 13 | | a total of 10 minutes within any 60 minute period, except under | 14 | | the 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 | 2 | | or higher and 80 degrees Fahrenheit or lower, a person who | 3 | | operates a motor vehicle operating on diesel fuel in an | 4 | | affected area may not cause or allow the motor vehicle to idle | 5 | | for a period greater than 30 minutes in any 60 minute period | 6 | | while waiting to weigh, load, or unload cargo or freight, | 7 | | unless the vehicle is in a line of vehicles that regularly and | 8 | | periodically moves forward.
| 9 | | (e) This Section does not prohibit the operation of an | 10 | | auxiliary power unit or generator set as an alternative to | 11 | | idling the main engine of a motor vehicle operating on diesel | 12 | | fuel.
| 13 | | (f) This Section does not apply to the owner of a motor | 14 | | vehicle rented or leased to another entity or person operating | 15 | | the vehicle. | 16 | | (g) Any person convicted of any violation of this Section | 17 | | is guilty of
a petty offense and shall be fined $90 for the | 18 | | first
conviction and $500 for a second or subsequent | 19 | | conviction
within any 12 month period.
| 20 | | (h) Fines; distribution. All fines and all penalties | 21 | | collected under this Section shall be deposited in the State | 22 | | Treasury and shall be distributed as follows: (i) $50 for the | 23 | | first conviction and $150 for a second or subsequent | 24 | | conviction within any 12 month period under this Section shall | 25 | | be deposited into the State's General Revenue Fund; (ii) $20 | 26 | | for the first conviction and $262.50 for a second or |
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| 1 | | subsequent conviction within any 12 month period under this | 2 | | Section shall be distributed to the law enforcement agency | 3 | | that issued the citation; and (iii) $20 for the first | 4 | | conviction and $87.50 for a second or subsequent conviction | 5 | | within any 12 month period under this Section shall be | 6 | | deposited into the Trucking Environmental and Education Fund. | 7 | | (i) The Trucking Environmental and Education Fund is | 8 | | created as a special fund in the State Treasury. All money | 9 | | deposited into the Trucking Environmental and Education Fund | 10 | | shall be paid, subject to appropriation by the General | 11 | | Assembly, to the Illinois Environmental Protection Agency for | 12 | | the purpose of educating the trucking industry on air | 13 | | pollution and preventative measures specifically related to | 14 | | idling. Any interest earned on deposits into the Fund shall | 15 | | remain in the Fund and be used for the purposes set forth in | 16 | | this subsection. Notwithstanding any other law to the | 17 | | contrary, the Fund is not subject to administrative charges or | 18 | | charge-backs that would in any way transfer moneys from the | 19 | | Fund into any other fund of the State. | 20 | | (j) Notwithstanding any other provision of this Section, a | 21 | | person who operates a motor vehicle with a gross vehicle | 22 | | weight rating of 8,000 pounds or more operating on diesel fuel | 23 | | on property that (i) offers paid parking services to vehicle | 24 | | owners, (ii) does not involve fuel dispensing, and (iii) is | 25 | | located in an affected area within a county of over 3 million | 26 | | residents but outside of a municipality of over 2 million |
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| 1 | | residents may not cause or allow the motor vehicle, when it is | 2 | | not in motion, to idle for more than a total of 10 minutes | 3 | | within any 60-minute period under any circumstances if the | 4 | | vehicle is within 200 feet of a residential area. This Section | 5 | | may be enforced by either the law enforcement agency having | 6 | | jurisdiction over the residential area or the law enforcement | 7 | | agency having jurisdiction over the property on which the | 8 | | violation 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 | 19 | | becoming law.
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