Illinois 2023-2024 Regular Session

Illinois House Bill HB2980 Latest Draft

Bill / Introduced Version Filed 02/16/2023

                            103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2980 Introduced , by Rep. Randy E. Frese 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.  LRB103 27352 MXP 53724 b   A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2980 Introduced , by Rep. Randy E. Frese 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 5/11-1426.1 625 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.  LRB103 27352 MXP 53724 b     LRB103 27352 MXP 53724 b   A BILL FOR
103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2980 Introduced , by Rep. Randy E. Frese 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 5/11-1426.1 625 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
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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A BILL FOR
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  HB2980  LRB103 27352 MXP 53724 b
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 3-412, 3-413, 3-806, 3-806.1, 3-806.5, and
6  11-1426.1 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
9  plates and registration stickers or digital registration
10  stickers to be furnished by the Secretary of State.
11  (a) The Secretary of State upon registering a vehicle
12  subject to annual registration for the first time shall issue
13  or shall cause to be issued to the owner one registration plate
14  or digital registration plate for a motorcycle, trailer,
15  semitrailer, moped, autocycle, all-terrain vehicle,
16  recreational off-highway vehicle, or truck-tractor, 2
17  registration plates, or a digital registration plate and metal
18  plate as set forth in Section 3-401.5, for other motor
19  vehicles and, where applicable, current registration stickers
20  or digital registration stickers for motor vehicles of the
21  first division. The provisions of this Section may be made
22  applicable to such vehicles of the second division, as the
23  Secretary of State may, from time to time, in his discretion

 

103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2980 Introduced , by Rep. Randy E. Frese 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 5/11-1426.1 625 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
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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A BILL FOR

 

 

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



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

 

 

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

 

 

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1  (f) The Secretary of State shall issue for every
2  motorcycle distinctive registration plates or digital
3  registration plates distinguishing between motorcycles having
4  150 or more cubic centimeters piston displacement, or having
5  less than 150 cubic centimeter piston displacement.
6  (g) Registration plates or digital registration plates
7  issued to vehicles for-hire may display a designation as
8  determined by the Secretary that such vehicles are for-hire.
9  (h) (Blank).
10  (i) The Secretary of State shall issue for every public
11  and private ambulance registration plates or digital
12  registration plates identifying the vehicle as an ambulance.
13  The Secretary shall forward to the Department of Healthcare
14  and Family Services registration information for the purpose
15  of verification of claims filed with the Department by
16  ambulance owners for payment for services to public assistance
17  recipients.
18  (j) The Secretary of State shall issue for every public
19  and private medical carrier or rescue vehicle livery
20  registration plates or digital registration plates displaying
21  numbers within ranges of numbers reserved respectively for
22  medical carriers and rescue vehicles. The Secretary shall
23  forward to the Department of Healthcare and Family Services
24  registration information for the purpose of verification of
25  claims filed with the Department by owners of medical carriers
26  or rescue vehicles for payment for services to public

 

 

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1  assistance recipients.
2  (k) The Secretary of State shall issue distinctive license
3  plates or digital registration plates or distinctive license
4  plate stickers or digital registration stickers for every
5  vehicle exempted from subsections (a) and (a-5) of Section
6  12-503 by subsection (g) of that Section, and by subsection
7  (g-5) of that Section before its deletion by this amendatory
8  Act of the 95th General Assembly. The Secretary shall issue
9  these plates or stickers immediately upon receiving the
10  physician's certification required under subsection (g) of
11  Section 12-503. New plates or stickers shall also be issued
12  when the certification is renewed as provided in that
13  subsection.
14  (l) The Secretary of State shall issue distinctive
15  registration plates or digital registration plates for
16  low-speed vehicles.
17  (m) The Secretary of State shall issue distinctive
18  registration plates or digital registration plates for
19  autocycles. The dimensions of the plate issued to autocycles
20  shall be 4 by 7 inches.
21  (n) The Secretary of State shall issue distinctive
22  registration plates for all-terrain vehicles and recreational
23  off-highway vehicles. The dimensions of the plate issued to
24  all-terrain vehicles and recreational off-highway vehicles
25  shall 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
3  registration plates, registration stickers or digital
4  registration stickers, and drive-away permits; registration
5  plate or digital registration plate covers.
6  (a) Registration plates or digital registration plates
7  issued for a motor vehicle other than a motorcycle, autocycle,
8  trailer, semitrailer, truck-tractor, all-terrain vehicle,
9  recreational off-highway vehicle, apportioned bus, or
10  apportioned truck shall be attached thereto, one in the front
11  and one in the rear. The registration plate or digital
12  registration plate issued for a motorcycle, autocycle,
13  all-terrain vehicle, recreational off-highway vehicle, trailer
14  or semitrailer required to be registered hereunder and any
15  apportionment plate issued to a bus under the provisions of
16  this Code shall be attached to the rear thereof. The
17  registration plate or digital registration plate issued for a
18  truck-tractor or an apportioned truck required to be
19  registered hereunder shall be attached to the front thereof.
20  (b) Except for vehicles with rear loaded motorized
21  forklifts, every registration plate or digital registration
22  plate shall at all times be securely fastened in a horizontal
23  position to the vehicle for which it is issued so as to prevent
24  the plate from swinging and at a height of not less than 5
25  inches from the ground, measuring from the bottom of such

 

 

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

 

 

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1  (e) The registration plate or digital registration plate
2  issued for a camper body mounted on a truck displaying
3  registration plates or digital registration plates shall be
4  attached to the rear of the camper body.
5  (f) No person shall operate a vehicle, nor permit the
6  operation of a vehicle, upon which is displayed an Illinois
7  registration plate or plates or digital registration plate or
8  plates or registration stickers or digital registration
9  stickers, except as provided for in subsection (b) of Section
10  3-701 of this Code, after the termination of the registration
11  period for which issued or after the expiration date set
12  pursuant to Sections 3-414 and 3-414.1 of this Code.
13  (g) A person may not operate any motor vehicle that is
14  equipped with registration plate or digital registration plate
15  covers. A violation of this subsection (g) or a similar
16  provision of a local ordinance is an offense against laws and
17  ordinances regulating the movement of traffic.
18  (h) A person may not sell or offer for sale a registration
19  plate or digital registration plate cover. A violation of this
20  subsection (h) is a business offense.
21  (i) A person may not advertise for the purpose of
22  promoting the sale of registration plate or digital
23  registration plate covers. A violation of this subsection (i)
24  is a business offense.
25  (j) A person may not modify the original manufacturer's
26  mounting location of the rear registration plate or digital

 

 

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1  registration plate on any vehicle so as to conceal the
2  registration or to knowingly cause it to be obstructed in an
3  effort to hinder a peace officer from obtaining the
4  registration for the enforcement of a violation of this Code,
5  Section 27.1 of the Toll Highway Act concerning toll evasion,
6  or any municipal ordinance. Modifications prohibited by this
7  subsection (j) include but are not limited to the use of an
8  electronic device. A violation of this subsection (j) is a
9  Class 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
13  Division. Every owner of any other motor vehicle of the first
14  division, except as provided in Sections 3-804, 3-804.01,
15  3-804.3, 3-805, 3-806.3, 3-806.7, and 3-808, and every second
16  division vehicle weighing 8,000 pounds or less, shall pay the
17  Secretary of State an annual registration fee at the following
18  rates:
19SCHEDULE OF REGISTRATION FEES    20REQUIRED BY LAW    21Beginning with the 2021 registration year   22 Annual Fee   23Motor vehicles of the first division other    24than Autocycles, Motorcycles, Motor 19  SCHEDULE OF REGISTRATION FEES 20  REQUIRED BY LAW 21  Beginning with the 2021 registration year 22   Annual Fee 23  Motor vehicles of the first division other   24  than Autocycles, Motorcycles, Motor
19  SCHEDULE OF REGISTRATION FEES
20  REQUIRED BY LAW
21  Beginning with the 2021 registration year
22   Annual Fee
23  Motor vehicles of the first division other
24  than Autocycles, Motorcycles, Motor

 

 

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19  SCHEDULE OF REGISTRATION FEES
20  REQUIRED BY LAW
21  Beginning with the 2021 registration year
22   Annual Fee
23  Motor vehicles of the first division other
24  than Autocycles, Motorcycles, Motor


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1Driven Cycles, and Pedalcycles, All-Terrain 2Vehicles, and Recreational Off-Highway 3Vehicles  $148 4Autocycles68  5All-Terrain Vehicles and Recreational 6Off-Highway Vehicles 26   7Motorcycles, Motor Driven   8Cycles and Pedalcycles  38 1  Driven Cycles, and Pedalcycles, All-Terrain 2  Vehicles, and Recreational Off-Highway 3  Vehicles   $148 4  Autocycles 68 5  All-Terrain Vehicles and Recreational 6  Off-Highway Vehicles   26 7  Motorcycles, Motor Driven   8  Cycles and Pedalcycles 38
1  Driven Cycles, and Pedalcycles, All-Terrain
2  Vehicles, and Recreational Off-Highway
3  Vehicles
$148
4  Autocycles 68
5  All-Terrain Vehicles and Recreational
6  Off-Highway Vehicles
26
7  Motorcycles, Motor Driven
8  Cycles and Pedalcycles 38
9  A $1 surcharge shall be collected in addition to the above
10  fees for motor vehicles of the first division, autocycles,
11  all-terrain vehicles, recreational off-highway vehicles,
12  motorcycles, motor driven cycles, and pedalcycles to be
13  deposited into the State Police Vehicle Fund.
14  All of the proceeds of the additional fees imposed by
15  Public Act 96-34 shall be deposited into the Capital Projects
16  Fund.
17  A $2 surcharge shall be collected in addition to the above
18  fees for motor vehicles of the first division, autocycles,
19  all-terrain vehicles, recreational off-highway vehicles,
20  motorcycles, motor driven cycles, and pedalcycles to be
21  deposited into the Park and Conservation Fund for the
22  Department of Natural Resources to use for conservation
23  efforts. The monies deposited into the Park and Conservation
24  Fund under this Section shall not be subject to administrative
25  charges or chargebacks unless otherwise authorized by this
26  Act.

 

 

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1  Driven Cycles, and Pedalcycles, All-Terrain
2  Vehicles, and Recreational Off-Highway
3  Vehicles
$148
4  Autocycles 68
5  All-Terrain Vehicles and Recreational
6  Off-Highway Vehicles
26
7  Motorcycles, Motor Driven
8  Cycles and Pedalcycles 38


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

 

 

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1  autocycle, all-terrain vehicle, recreational off-highway
2  vehicle, or motorcycle. In addition to the regular renewal fee
3  or electric vehicle registration renewal fee, an applicant for
4  a vanity plate, other than a vanity plate in any military
5  series or a vanity plate issued under Section 3-664, shall be
6  charged $13 for the renewal of each set of vanity license
7  plates. There shall be no additional fees for a vanity license
8  plate in any military series of plates or a vanity plate issued
9  under Section 3-664.
10  (Source: P.A. 102-154, eff. 1-1-22.)
11  (625 ILCS 5/3-806.5)
12  Sec. 3-806.5. Additional fees for personalized license
13  plates. For registration periods commencing after December 31,
14  2003, in addition to the regular registration fee or electric
15  vehicle registration fee, an applicant for a personalized
16  license plate, other than a personalized plate in any military
17  series or a personalized plate issued under Section 3-664,
18  shall be charged $47 for each set of personalized license
19  plates issued to a vehicle of the first division or a vehicle
20  of the second division registered at not more than 8,000
21  pounds or to a recreational vehicle and $25 for each set of
22  personalized plates issued to an autocycle, all-terrain
23  vehicle, recreational off-highway vehicle, or motorcycle. In
24  addition to the regular renewal fee or electric vehicle
25  registration renewal fee, an applicant for a personalized

 

 

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1  plate other than a personalized plate in any military series
2  or a personalized plate issued under Section 3-664, shall be
3  charged $7 for the renewal of each set of personalized license
4  plates. There shall be no additional fees charged for a
5  personalized plate in any military series of plates or a
6  personalized plate issued under Section 3-664. Of the money
7  received by the Secretary of State as additional fees for
8  personalized license plates, 50% shall be deposited into the
9  Secretary of State Special License Plate Fund and 50% shall be
10  deposited into the General Revenue Fund.
11  (Source: P.A. 102-154, eff. 1-1-22.)
12  (625 ILCS 5/11-1426.1)
13  Sec. 11-1426.1. Operation of non-highway vehicles on
14  streets, roads, and highways.
15  (a) As used in this Section, "non-highway vehicle" means a
16  motor vehicle not specifically designed to be used on a public
17  highway, including:
18  (1) an all-terrain vehicle, as defined by Section
19  1-101.8 of this Code;
20  (2) a golf cart, as defined by Section 1-123.9;
21  (3) an off-highway motorcycle, as defined by Section
22  1-153.1; and
23  (4) a recreational off-highway vehicle, as defined by
24  Section 1-168.8.
25  (b) Except as otherwise provided in this Section, it is

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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