| Old | New | Differences | |
|---|---|---|---|
| 1 | - | Public Act 103-0899 | |
| 2 | 1 | SB1960 EnrolledLRB103 26928 MXP 53292 b SB1960 Enrolled LRB103 26928 MXP 53292 b | |
| 3 | 2 | SB1960 Enrolled LRB103 26928 MXP 53292 b | |
| 4 | - | AN ACT concerning transportation. | |
| 5 | - | Be it enacted by the People of the State of Illinois, | |
| 6 | - | represented in the General Assembly: | |
| 7 | - | Section 5. The Illinois Vehicle Code is amended by | |
| 8 | - | changing Sections 3-102, 3-402, and 6-102 and by adding | |
| 9 | - | Sections 1-140.11 and 11-1518 as follows: | |
| 10 | - | (625 ILCS 5/1-140.11 new) | |
| 11 | - | Sec. 1-140.11. Low-speed electric scooter. A device | |
| 12 | - | weighing less than 100 pounds, with 2 or 3 wheels, handlebars, | |
| 13 | - | and a floorboard that can be stood upon while riding, that is | |
| 14 | - | solely powered by an electric motor and human power, and whose | |
| 15 | - | maximum speed, with or without human propulsion, is no more | |
| 16 | - | than 10 miles per hour. "Low-speed electric scooter" does not | |
| 17 | - | include a moped or motor-driven cycle. | |
| 18 | - | (625 ILCS 5/3-102) (from Ch. 95 1/2, par. 3-102) | |
| 19 | - | Sec. 3-102. Exclusions. No certificate of title need be | |
| 20 | - | obtained for: | |
| 21 | - | 1. a vehicle owned by the State of Illinois; or a | |
| 22 | - | vehicle owned by the United States unless it is registered | |
| 23 | - | in this State; | |
| 24 | - | 2. a vehicle owned by a manufacturer or dealer and | |
| 25 | - | held for sale, even though incidentally moved on the | |
| 3 | + | 1 AN ACT concerning transportation. | |
| 4 | + | 2 Be it enacted by the People of the State of Illinois, | |
| 5 | + | 3 represented in the General Assembly: | |
| 6 | + | 4 Section 5. The Illinois Vehicle Code is amended by | |
| 7 | + | 5 changing Sections 3-102, 3-402, and 6-102 and by adding | |
| 8 | + | 6 Sections 1-140.11 and 11-1518 as follows: | |
| 9 | + | 7 (625 ILCS 5/1-140.11 new) | |
| 10 | + | 8 Sec. 1-140.11. Low-speed electric scooter. A device | |
| 11 | + | 9 weighing less than 100 pounds, with 2 or 3 wheels, handlebars, | |
| 12 | + | 10 and a floorboard that can be stood upon while riding, that is | |
| 13 | + | 11 solely powered by an electric motor and human power, and whose | |
| 14 | + | 12 maximum speed, with or without human propulsion, is no more | |
| 15 | + | 13 than 10 miles per hour. "Low-speed electric scooter" does not | |
| 16 | + | 14 include a moped or motor-driven cycle. | |
| 17 | + | 15 (625 ILCS 5/3-102) (from Ch. 95 1/2, par. 3-102) | |
| 18 | + | 16 Sec. 3-102. Exclusions. No certificate of title need be | |
| 19 | + | 17 obtained for: | |
| 20 | + | 18 1. a vehicle owned by the State of Illinois; or a | |
| 21 | + | 19 vehicle owned by the United States unless it is registered | |
| 22 | + | 20 in this State; | |
| 23 | + | 21 2. a vehicle owned by a manufacturer or dealer and | |
| 24 | + | 22 held for sale, even though incidentally moved on the | |
| 26 | 25 | ||
| 27 | 26 | ||
| 28 | 27 | ||
| 29 | 28 | SB1960 Enrolled LRB103 26928 MXP 53292 b | |
| 30 | 29 | ||
| 31 | 30 | ||
| 32 | - | highway or used for purposes of testing or demonstration, | |
| 33 | - | provided a dealer reassignment area is still available on | |
| 34 | - | the manufacturer's certificate of origin or the Illinois | |
| 35 | - | title; or a vehicle used by a manufacturer solely for | |
| 36 | - | testing; | |
| 37 | - | 3. a vehicle owned by a non-resident of this State and | |
| 38 | - | not required by law to be registered in this State; | |
| 39 | - | 4. a motor vehicle regularly engaged in the interstate | |
| 40 | - | transportation of persons or property for which a | |
| 41 | - | currently effective certificate of title has been issued | |
| 42 | - | in another State; | |
| 43 | - | 5. a vehicle moved solely by animal power; | |
| 44 | - | 6. an implement of husbandry; | |
| 45 | - | 7. special mobile equipment; | |
| 46 | - | 8. an apportionable trailer or an apportionable | |
| 47 | - | semitrailer registered in the State prior to April 1, | |
| 48 | - | 1998; | |
| 49 | - | 9. a manufactured home for which an affidavit of | |
| 50 | - | affixation has been recorded pursuant to the Conveyance | |
| 51 | - | and Encumbrance of Manufactured Homes as Real Property and | |
| 52 | - | Severance Act unless with respect to the same manufactured | |
| 53 | - | home there has been recorded an affidavit of severance | |
| 54 | - | pursuant to that Act; . | |
| 55 | - | 10. low-speed electric scooters. | |
| 56 | - | (Source: P.A. 98-749, eff. 7-16-14; 99-78, eff. 7-20-15.) | |
| 31 | + | SB1960 Enrolled- 2 -LRB103 26928 MXP 53292 b SB1960 Enrolled - 2 - LRB103 26928 MXP 53292 b | |
| 32 | + | SB1960 Enrolled - 2 - LRB103 26928 MXP 53292 b | |
| 33 | + | 1 highway or used for purposes of testing or demonstration, | |
| 34 | + | 2 provided a dealer reassignment area is still available on | |
| 35 | + | 3 the manufacturer's certificate of origin or the Illinois | |
| 36 | + | 4 title; or a vehicle used by a manufacturer solely for | |
| 37 | + | 5 testing; | |
| 38 | + | 6 3. a vehicle owned by a non-resident of this State and | |
| 39 | + | 7 not required by law to be registered in this State; | |
| 40 | + | 8 4. a motor vehicle regularly engaged in the interstate | |
| 41 | + | 9 transportation of persons or property for which a | |
| 42 | + | 10 currently effective certificate of title has been issued | |
| 43 | + | 11 in another State; | |
| 44 | + | 12 5. a vehicle moved solely by animal power; | |
| 45 | + | 13 6. an implement of husbandry; | |
| 46 | + | 14 7. special mobile equipment; | |
| 47 | + | 15 8. an apportionable trailer or an apportionable | |
| 48 | + | 16 semitrailer registered in the State prior to April 1, | |
| 49 | + | 17 1998; | |
| 50 | + | 18 9. a manufactured home for which an affidavit of | |
| 51 | + | 19 affixation has been recorded pursuant to the Conveyance | |
| 52 | + | 20 and Encumbrance of Manufactured Homes as Real Property and | |
| 53 | + | 21 Severance Act unless with respect to the same manufactured | |
| 54 | + | 22 home there has been recorded an affidavit of severance | |
| 55 | + | 23 pursuant to that Act; . | |
| 56 | + | 24 10. low-speed electric scooters. | |
| 57 | + | 25 (Source: P.A. 98-749, eff. 7-16-14; 99-78, eff. 7-20-15.) | |
| 57 | 58 | ||
| 58 | 59 | ||
| 59 | - | (625 ILCS 5/3-402) (from Ch. 95 1/2, par. 3-402) | |
| 60 | - | Sec. 3-402. Vehicles subject to registration; exceptions. | |
| 61 | - | A. Exemptions and Policy. Every motor vehicle, trailer, | |
| 62 | - | semitrailer and pole trailer when driven or moved upon a | |
| 63 | - | highway shall be subject to the registration and certificate | |
| 64 | - | of title provisions of this Chapter except: | |
| 65 | - | (1) Any such vehicle driven or moved upon a highway in | |
| 66 | - | conformance with the provisions of this Chapter relating | |
| 67 | - | to manufacturers, transporters, dealers, lienholders or | |
| 68 | - | nonresidents or under a temporary registration permit | |
| 69 | - | issued by the Secretary of State; | |
| 70 | - | (2) Any implement of husbandry whether of a type | |
| 71 | - | otherwise subject to registration hereunder or not which | |
| 72 | - | is only incidentally operated or moved upon a highway, | |
| 73 | - | which shall include a not-for-hire movement for the | |
| 74 | - | purpose of delivering farm commodities to a place of first | |
| 75 | - | processing or sale, or to a place of storage; | |
| 76 | - | (3) Any special mobile equipment as herein defined; | |
| 77 | - | (4) Any vehicle which is propelled exclusively by | |
| 78 | - | electric power obtained from overhead trolley wires though | |
| 79 | - | not operated upon rails; | |
| 80 | - | (5) Any vehicle which is equipped and used exclusively | |
| 81 | - | as a pumper, ladder truck, rescue vehicle, searchlight | |
| 82 | - | truck, or other fire apparatus, but not a vehicle of a type | |
| 83 | - | which would otherwise be subject to registration as a | |
| 84 | - | vehicle of the first division; | |
| 85 | 60 | ||
| 86 | 61 | ||
| 87 | - | (6) Any vehicle which is owned and operated by the | |
| 88 | - | federal government and externally displays evidence of | |
| 89 | - | federal ownership. It is the policy of the State of | |
| 90 | - | Illinois to promote and encourage the fullest use of its | |
| 91 | - | highways and to enhance the flow of commerce thus | |
| 92 | - | contributing to the economic, agricultural, industrial and | |
| 93 | - | social growth and development of this State, by | |
| 94 | - | authorizing the Secretary of State to negotiate and enter | |
| 95 | - | into reciprocal or proportional agreements or arrangements | |
| 96 | - | with other States, or to issue declarations setting forth | |
| 97 | - | reciprocal exemptions, benefits and privileges with | |
| 98 | - | respect to vehicles operated interstate which are properly | |
| 99 | - | registered in this and other States, assuring nevertheless | |
| 100 | - | proper registration of vehicles in Illinois as may be | |
| 101 | - | required by this Code; | |
| 102 | - | (7) Any converter dolly or tow dolly which merely | |
| 103 | - | serves as substitute wheels for another legally licensed | |
| 104 | - | vehicle. A title may be issued on a voluntary basis to a | |
| 105 | - | tow dolly upon receipt of the manufacturer's certificate | |
| 106 | - | of origin or the bill of sale; | |
| 107 | - | (8) Any house trailer found to be an abandoned mobile | |
| 108 | - | home under the Abandoned Mobile Home Act; | |
| 109 | - | (9) Any vehicle that is not properly registered or | |
| 110 | - | does not have registration plates or digital registration | |
| 111 | - | plates issued to the owner or operator affixed thereto, or | |
| 112 | - | that does have registration plates or digital registration | |
| 62 | + | ||
| 63 | + | SB1960 Enrolled - 2 - LRB103 26928 MXP 53292 b | |
| 113 | 64 | ||
| 114 | 65 | ||
| 115 | - | plates issued to the owner or operator affixed thereto but | |
| 116 | - | the plates are not appropriate for the weight of the | |
| 117 | - | vehicle, provided that this exemption shall apply only | |
| 118 | - | while the vehicle is being transported or operated by a | |
| 119 | - | towing service and has a third tow plate affixed to it; . | |
| 120 | - | (10) Low-speed electric scooters. | |
| 121 | - | B. Reciprocity. Any motor vehicle, trailer, semitrailer or | |
| 122 | - | pole trailer need not be registered under this Code provided | |
| 123 | - | the same is operated interstate and in accordance with the | |
| 124 | - | following provisions and any rules and regulations promulgated | |
| 125 | - | pursuant thereto: | |
| 126 | - | (1) A nonresident owner, except as otherwise provided | |
| 127 | - | in this Section, owning any foreign registered vehicle of | |
| 128 | - | a type otherwise subject to registration hereunder, may | |
| 129 | - | operate or permit the operation of such vehicle within | |
| 130 | - | this State in interstate commerce without registering such | |
| 131 | - | vehicle in, or paying any fees to, this State subject to | |
| 132 | - | the condition that such vehicle at all times when operated | |
| 133 | - | in this State is operated pursuant to a reciprocity | |
| 134 | - | agreement, arrangement or declaration by this State, and | |
| 135 | - | further subject to the condition that such vehicle at all | |
| 136 | - | times when operated in this State is duly registered in, | |
| 137 | - | and displays upon it, a valid registration card and | |
| 138 | - | registration plate or plates or digital registration plate | |
| 139 | - | or plates issued for such vehicle in the place of | |
| 140 | - | residence of such owner and is issued and maintains in | |
| 66 | + | SB1960 Enrolled- 3 -LRB103 26928 MXP 53292 b SB1960 Enrolled - 3 - LRB103 26928 MXP 53292 b | |
| 67 | + | SB1960 Enrolled - 3 - LRB103 26928 MXP 53292 b | |
| 68 | + | 1 (625 ILCS 5/3-402) (from Ch. 95 1/2, par. 3-402) | |
| 69 | + | 2 Sec. 3-402. Vehicles subject to registration; exceptions. | |
| 70 | + | 3 A. Exemptions and Policy. Every motor vehicle, trailer, | |
| 71 | + | 4 semitrailer and pole trailer when driven or moved upon a | |
| 72 | + | 5 highway shall be subject to the registration and certificate | |
| 73 | + | 6 of title provisions of this Chapter except: | |
| 74 | + | 7 (1) Any such vehicle driven or moved upon a highway in | |
| 75 | + | 8 conformance with the provisions of this Chapter relating | |
| 76 | + | 9 to manufacturers, transporters, dealers, lienholders or | |
| 77 | + | 10 nonresidents or under a temporary registration permit | |
| 78 | + | 11 issued by the Secretary of State; | |
| 79 | + | 12 (2) Any implement of husbandry whether of a type | |
| 80 | + | 13 otherwise subject to registration hereunder or not which | |
| 81 | + | 14 is only incidentally operated or moved upon a highway, | |
| 82 | + | 15 which shall include a not-for-hire movement for the | |
| 83 | + | 16 purpose of delivering farm commodities to a place of first | |
| 84 | + | 17 processing or sale, or to a place of storage; | |
| 85 | + | 18 (3) Any special mobile equipment as herein defined; | |
| 86 | + | 19 (4) Any vehicle which is propelled exclusively by | |
| 87 | + | 20 electric power obtained from overhead trolley wires though | |
| 88 | + | 21 not operated upon rails; | |
| 89 | + | 22 (5) Any vehicle which is equipped and used exclusively | |
| 90 | + | 23 as a pumper, ladder truck, rescue vehicle, searchlight | |
| 91 | + | 24 truck, or other fire apparatus, but not a vehicle of a type | |
| 92 | + | 25 which would otherwise be subject to registration as a | |
| 93 | + | 26 vehicle of the first division; | |
| 141 | 94 | ||
| 142 | 95 | ||
| 143 | - | such vehicle a valid Illinois reciprocity permit as | |
| 144 | - | required by the Secretary of State, and provided like | |
| 145 | - | privileges are afforded to residents of this State by the | |
| 146 | - | State of residence of such owner. | |
| 147 | - | Every nonresident including any foreign corporation | |
| 148 | - | carrying on business within this State and owning and | |
| 149 | - | regularly operating in such business any motor vehicle, | |
| 150 | - | trailer or semitrailer within this State in intrastate | |
| 151 | - | commerce, shall be required to register each such vehicle | |
| 152 | - | and pay the same fees therefor as is required with | |
| 153 | - | reference to like vehicles owned by residents of this | |
| 154 | - | State. | |
| 155 | - | (2) Any motor vehicle, trailer, semitrailer and pole | |
| 156 | - | trailer operated interstate need not be registered in this | |
| 157 | - | State, provided: | |
| 158 | - | (a) that the vehicle is properly registered in | |
| 159 | - | another State pursuant to law or to a reciprocity | |
| 160 | - | agreement, arrangement or declaration; or | |
| 161 | - | (b) that such vehicle is part of a fleet of | |
| 162 | - | vehicles owned or operated by the same person who | |
| 163 | - | registers such fleet of vehicles pro rata among the | |
| 164 | - | various States in which such fleet operates; or | |
| 165 | - | (c) that such vehicle is part of a fleet of | |
| 166 | - | vehicles, a portion of which are registered with the | |
| 167 | - | Secretary of State of Illinois in accordance with an | |
| 168 | - | agreement or arrangement concurred in by the Secretary | |
| 169 | 96 | ||
| 170 | 97 | ||
| 171 | - | of State of Illinois based on one or more of the | |
| 172 | - | following factors: ratio of miles in Illinois as | |
| 173 | - | against total miles in all jurisdictions; situs or | |
| 174 | - | base of a vehicle, or where it is principally garaged, | |
| 175 | - | or from whence it is principally dispatched or where | |
| 176 | - | the movements of such vehicle usually originate; situs | |
| 177 | - | of the residence of the owner or operator thereof, or | |
| 178 | - | of his principal office or offices, or of his places of | |
| 179 | - | business; the routes traversed and whether regular or | |
| 180 | - | irregular routes are traversed, and the jurisdictions | |
| 181 | - | traversed and served; and such other factors as may be | |
| 182 | - | deemed material by the Secretary and the motor vehicle | |
| 183 | - | administrators of the other jurisdictions involved in | |
| 184 | - | such apportionment. Such vehicles shall maintain | |
| 185 | - | therein any reciprocity permit which may be required | |
| 186 | - | by the Secretary of State pursuant to rules and | |
| 187 | - | regulations which the Secretary of State may | |
| 188 | - | promulgate in the administration of this Code, in the | |
| 189 | - | public interest. | |
| 190 | - | (3)(a) In order to effectuate the purposes of this | |
| 191 | - | Code, the Secretary of State of Illinois is empowered to | |
| 192 | - | negotiate and execute written reciprocal agreements or | |
| 193 | - | arrangements with the duly authorized representatives of | |
| 194 | - | other jurisdictions, including States, districts, | |
| 195 | - | territories and possessions of the United States, and | |
| 196 | - | foreign states, provinces, or countries, granting to | |
| 98 | + | ||
| 99 | + | SB1960 Enrolled - 3 - LRB103 26928 MXP 53292 b | |
| 197 | 100 | ||
| 198 | 101 | ||
| 199 | - | owners or operators of vehicles duly registered or | |
| 200 | - | licensed in such other jurisdictions and for which | |
| 201 | - | evidence of compliance is supplied, benefits, privileges | |
| 202 | - | and exemption from the payment, wholly or partially, of | |
| 203 | - | any taxes, fees or other charges imposed with respect to | |
| 204 | - | the ownership or operation of such vehicles by the laws of | |
| 205 | - | this State except the tax imposed by the Motor Fuel Tax | |
| 206 | - | Law, approved March 25, 1929, as amended, and the tax | |
| 207 | - | imposed by the Use Tax Act, approved July 14, 1955, as | |
| 208 | - | amended. | |
| 209 | - | The Secretary of State may negotiate agreements or | |
| 210 | - | arrangements as are in the best interests of this State | |
| 211 | - | and the residents of this State pursuant to the policies | |
| 212 | - | expressed in this Section taking into consideration the | |
| 213 | - | reciprocal exemptions, benefits and privileges available | |
| 214 | - | and accruing to residents of this State and vehicles | |
| 215 | - | registered in this State. | |
| 216 | - | (b) Such reciprocal agreements or arrangements shall | |
| 217 | - | provide that vehicles duly registered or licensed in this | |
| 218 | - | State when operated upon the highways of such other | |
| 219 | - | jurisdictions, shall receive exemptions, benefits and | |
| 220 | - | privileges of a similar kind or to a similar degree as | |
| 221 | - | extended to vehicles from such jurisdictions in this | |
| 222 | - | State. | |
| 223 | - | (c) Such agreements or arrangements may also authorize | |
| 224 | - | the apportionment of registration or licensing of fleets | |
| 102 | + | SB1960 Enrolled- 4 -LRB103 26928 MXP 53292 b SB1960 Enrolled - 4 - LRB103 26928 MXP 53292 b | |
| 103 | + | SB1960 Enrolled - 4 - LRB103 26928 MXP 53292 b | |
| 104 | + | 1 (6) Any vehicle which is owned and operated by the | |
| 105 | + | 2 federal government and externally displays evidence of | |
| 106 | + | 3 federal ownership. It is the policy of the State of | |
| 107 | + | 4 Illinois to promote and encourage the fullest use of its | |
| 108 | + | 5 highways and to enhance the flow of commerce thus | |
| 109 | + | 6 contributing to the economic, agricultural, industrial and | |
| 110 | + | 7 social growth and development of this State, by | |
| 111 | + | 8 authorizing the Secretary of State to negotiate and enter | |
| 112 | + | 9 into reciprocal or proportional agreements or arrangements | |
| 113 | + | 10 with other States, or to issue declarations setting forth | |
| 114 | + | 11 reciprocal exemptions, benefits and privileges with | |
| 115 | + | 12 respect to vehicles operated interstate which are properly | |
| 116 | + | 13 registered in this and other States, assuring nevertheless | |
| 117 | + | 14 proper registration of vehicles in Illinois as may be | |
| 118 | + | 15 required by this Code; | |
| 119 | + | 16 (7) Any converter dolly or tow dolly which merely | |
| 120 | + | 17 serves as substitute wheels for another legally licensed | |
| 121 | + | 18 vehicle. A title may be issued on a voluntary basis to a | |
| 122 | + | 19 tow dolly upon receipt of the manufacturer's certificate | |
| 123 | + | 20 of origin or the bill of sale; | |
| 124 | + | 21 (8) Any house trailer found to be an abandoned mobile | |
| 125 | + | 22 home under the Abandoned Mobile Home Act; | |
| 126 | + | 23 (9) Any vehicle that is not properly registered or | |
| 127 | + | 24 does not have registration plates or digital registration | |
| 128 | + | 25 plates issued to the owner or operator affixed thereto, or | |
| 129 | + | 26 that does have registration plates or digital registration | |
| 225 | 130 | ||
| 226 | 131 | ||
| 227 | - | of vehicles operated interstate, based on any or all of | |
| 228 | - | the following factors: ratio of miles in Illinois as | |
| 229 | - | against total miles in all jurisdictions; situs or base of | |
| 230 | - | a vehicle, or where it is principally garaged or from | |
| 231 | - | whence it is principally dispatched or where the movements | |
| 232 | - | of such vehicle usually originate; situs of the residence | |
| 233 | - | of the owner or operator thereof, or of his principal | |
| 234 | - | office or offices, or of his places of business; the | |
| 235 | - | routes traversed and whether regular or irregular routes | |
| 236 | - | are traversed, and the jurisdictions traversed and served; | |
| 237 | - | and such other factors as may be deemed material by the | |
| 238 | - | Secretary and the motor vehicle administrators of the | |
| 239 | - | other jurisdictions involved in such apportionment, and | |
| 240 | - | such vehicles shall likewise be entitled to reciprocal | |
| 241 | - | exemptions, benefits and privileges. | |
| 242 | - | (d) Such agreements or arrangements shall also provide | |
| 243 | - | that vehicles being operated in intrastate commerce in | |
| 244 | - | Illinois shall comply with the registration and licensing | |
| 245 | - | laws of this State, except that vehicles which are part of | |
| 246 | - | an apportioned fleet may conduct an intrastate operation | |
| 247 | - | incidental to their interstate operations. Any motor | |
| 248 | - | vehicle properly registered and qualified under any | |
| 249 | - | reciprocal agreement or arrangement under this Code and | |
| 250 | - | not having a situs or base within Illinois may complete | |
| 251 | - | the inbound movement of a trailer or semitrailer to an | |
| 252 | - | Illinois destination that was brought into Illinois by a | |
| 253 | 132 | ||
| 254 | 133 | ||
| 255 | - | motor vehicle also properly registered and qualified under | |
| 256 | - | this Code and not having a situs or base within Illinois, | |
| 257 | - | or may complete an outbound movement of a trailer or | |
| 258 | - | semitrailer to an out-of-state destination that was | |
| 259 | - | originated in Illinois by a motor vehicle also properly | |
| 260 | - | registered and qualified under this Code and not having a | |
| 261 | - | situs or base in Illinois, only if the operator thereof | |
| 262 | - | did not break bulk of the cargo laden in such inbound or | |
| 263 | - | outbound trailer or semitrailer. Adding or unloading | |
| 264 | - | intrastate cargo on such inbound or outbound trailer or | |
| 265 | - | semitrailer shall be deemed as breaking bulk. | |
| 266 | - | (e) Such agreements or arrangements may also provide | |
| 267 | - | for the determination of the proper State in which leased | |
| 268 | - | vehicles shall be registered based on the factors set out | |
| 269 | - | in subsection (c) above and for apportionment of | |
| 270 | - | registration of fleets of leased vehicles by the lessee or | |
| 271 | - | by the lessor who leases such vehicles to persons who are | |
| 272 | - | not fleet operators. | |
| 273 | - | (f) Such agreements or arrangements may also include | |
| 274 | - | reciprocal exemptions, benefits or privileges accruing | |
| 275 | - | under The Illinois Driver Licensing Law or The Driver | |
| 276 | - | License Compact. | |
| 277 | - | (4) The Secretary of State is further authorized to | |
| 278 | - | examine the laws and requirements of other jurisdictions, | |
| 279 | - | and, in the absence of a written agreement or arrangement, | |
| 280 | - | to issue a written declaration of the extent and nature of | |
| 134 | + | ||
| 135 | + | SB1960 Enrolled - 4 - LRB103 26928 MXP 53292 b | |
| 281 | 136 | ||
| 282 | 137 | ||
| 283 | - | the exemptions, benefits and privileges accorded to | |
| 284 | - | vehicles of this State by such other jurisdictions, and | |
| 285 | - | the extent and nature of reciprocal exemptions, benefits | |
| 286 | - | and privileges thereby accorded by this State to the | |
| 287 | - | vehicles of such other jurisdictions. A declaration by the | |
| 288 | - | Secretary of State may include any, part or all reciprocal | |
| 289 | - | exemptions, benefits and privileges or provisions as may | |
| 290 | - | be included within an agreement or arrangement. | |
| 291 | - | (5) All agreements, arrangements, declarations and | |
| 292 | - | amendments thereto, shall be in writing and become | |
| 293 | - | effective when signed by the Secretary of State, and | |
| 294 | - | copies of all such documents shall be available to the | |
| 295 | - | public upon request. | |
| 296 | - | (6) The Secretary of State is further authorized to | |
| 297 | - | require the display by foreign registered trucks, | |
| 298 | - | truck-tractors and buses, entitled to reciprocal benefits, | |
| 299 | - | exemptions or privileges hereunder, a reciprocity permit | |
| 300 | - | for external display before any such reciprocal benefits, | |
| 301 | - | exemptions or privileges are granted. The Secretary of | |
| 302 | - | State shall provide suitable application forms for such | |
| 303 | - | permit and shall promulgate and publish reasonable rules | |
| 304 | - | and regulations for the administration and enforcement of | |
| 305 | - | the provisions of this Code including a provision for | |
| 306 | - | revocation of such permit as to any vehicle operated | |
| 307 | - | wilfully in violation of the terms of any reciprocal | |
| 308 | - | agreement, arrangement or declaration or in violation of | |
| 138 | + | SB1960 Enrolled- 5 -LRB103 26928 MXP 53292 b SB1960 Enrolled - 5 - LRB103 26928 MXP 53292 b | |
| 139 | + | SB1960 Enrolled - 5 - LRB103 26928 MXP 53292 b | |
| 140 | + | 1 plates issued to the owner or operator affixed thereto but | |
| 141 | + | 2 the plates are not appropriate for the weight of the | |
| 142 | + | 3 vehicle, provided that this exemption shall apply only | |
| 143 | + | 4 while the vehicle is being transported or operated by a | |
| 144 | + | 5 towing service and has a third tow plate affixed to it; . | |
| 145 | + | 6 (10) Low-speed electric scooters. | |
| 146 | + | 7 B. Reciprocity. Any motor vehicle, trailer, semitrailer or | |
| 147 | + | 8 pole trailer need not be registered under this Code provided | |
| 148 | + | 9 the same is operated interstate and in accordance with the | |
| 149 | + | 10 following provisions and any rules and regulations promulgated | |
| 150 | + | 11 pursuant thereto: | |
| 151 | + | 12 (1) A nonresident owner, except as otherwise provided | |
| 152 | + | 13 in this Section, owning any foreign registered vehicle of | |
| 153 | + | 14 a type otherwise subject to registration hereunder, may | |
| 154 | + | 15 operate or permit the operation of such vehicle within | |
| 155 | + | 16 this State in interstate commerce without registering such | |
| 156 | + | 17 vehicle in, or paying any fees to, this State subject to | |
| 157 | + | 18 the condition that such vehicle at all times when operated | |
| 158 | + | 19 in this State is operated pursuant to a reciprocity | |
| 159 | + | 20 agreement, arrangement or declaration by this State, and | |
| 160 | + | 21 further subject to the condition that such vehicle at all | |
| 161 | + | 22 times when operated in this State is duly registered in, | |
| 162 | + | 23 and displays upon it, a valid registration card and | |
| 163 | + | 24 registration plate or plates or digital registration plate | |
| 164 | + | 25 or plates issued for such vehicle in the place of | |
| 165 | + | 26 residence of such owner and is issued and maintains in | |
| 309 | 166 | ||
| 310 | 167 | ||
| 311 | - | the Illinois Motor Carrier of Property Law, as amended. | |
| 312 | - | (7)(a) Upon the suspension, revocation or denial of | |
| 313 | - | one or more of all reciprocal benefits, privileges and | |
| 314 | - | exemptions existing pursuant to the terms and provisions | |
| 315 | - | of this Code or by virtue of a reciprocal agreement or | |
| 316 | - | arrangement or declaration thereunder; or, upon the | |
| 317 | - | suspension, revocation or denial of a reciprocity permit; | |
| 318 | - | or, upon any action or inaction of the Secretary in the | |
| 319 | - | administration and enforcement of the provisions of this | |
| 320 | - | Code, any person, resident or nonresident, so aggrieved, | |
| 321 | - | may serve upon the Secretary, a petition in writing and | |
| 322 | - | under oath, setting forth the grievance of the petitioner, | |
| 323 | - | the grounds and basis for the relief sought, and all | |
| 324 | - | necessary facts and particulars, and request an | |
| 325 | - | administrative hearing thereon. Within 20 days, the | |
| 326 | - | Secretary shall set a hearing date as early as practical. | |
| 327 | - | The Secretary may, in his discretion, supply forms for | |
| 328 | - | such a petition. The Secretary may require the payment of | |
| 329 | - | a fee of not more than $50 for the filing of any petition, | |
| 330 | - | motion, or request for hearing conducted pursuant to this | |
| 331 | - | Section. These fees must be deposited into the Secretary | |
| 332 | - | of State DUI Administration Fund, a special fund that is | |
| 333 | - | hereby created in the State treasury, and, subject to | |
| 334 | - | appropriation and as directed by the Secretary of State, | |
| 335 | - | shall be used to fund the operation of the hearings | |
| 336 | - | department of the Office of the Secretary of State and for | |
| 337 | 168 | ||
| 338 | 169 | ||
| 339 | - | no other purpose. The Secretary shall establish by rule | |
| 340 | - | the amount and the procedures, terms, and conditions | |
| 341 | - | relating to these fees. | |
| 342 | - | (b) The Secretary may likewise, in his discretion and | |
| 343 | - | upon his own petition, order a hearing, when in his best | |
| 344 | - | judgment, any person is not entitled to the reciprocal | |
| 345 | - | benefits, privileges and exemptions existing pursuant to | |
| 346 | - | the terms and provisions of this Code or under a | |
| 347 | - | reciprocal agreement or arrangement or declaration | |
| 348 | - | thereunder or that a vehicle owned or operated by such | |
| 349 | - | person is improperly registered or licensed, or that an | |
| 350 | - | Illinois resident has improperly registered or licensed a | |
| 351 | - | vehicle in another jurisdiction for the purposes of | |
| 352 | - | violating or avoiding the registration laws of this State. | |
| 353 | - | (c) The Secretary shall notify a petitioner or any | |
| 354 | - | other person involved of such a hearing, by giving at | |
| 355 | - | least 10 days notice, in writing, by U.S. Mail, Registered | |
| 356 | - | or Certified, or by personal service, at the last known | |
| 357 | - | address of such petitioner or person, specifying the time | |
| 358 | - | and place of such hearing. Such hearing shall be held | |
| 359 | - | before the Secretary, or any person as he may designate, | |
| 360 | - | and unless the parties mutually agree to some other county | |
| 361 | - | in Illinois, the hearing shall be held in the County of | |
| 362 | - | Sangamon or the County of Cook. Appropriate records of the | |
| 363 | - | hearing shall be kept, and the Secretary shall issue or | |
| 364 | - | cause to be issued, his decision on the case, within 30 | |
| 170 | + | ||
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| 365 | 172 | ||
| 366 | 173 | ||
| 367 | - | days after the close of such hearing or within 30 days | |
| 368 | - | after receipt of the transcript thereof, and a copy shall | |
| 369 | - | likewise be served or mailed to the petitioner or person | |
| 370 | - | involved. | |
| 371 | - | (d) The actions or inactions or determinations, or | |
| 372 | - | findings and decisions upon an administrative hearing, of | |
| 373 | - | the Secretary, shall be subject to judicial review in the | |
| 374 | - | Circuit Court of the County of Sangamon or the County of | |
| 375 | - | Cook, and the provisions of the Administrative Review Law, | |
| 376 | - | and all amendments and modifications thereof and rules | |
| 377 | - | adopted pursuant thereto, apply to and govern all such | |
| 378 | - | reviewable matters. | |
| 379 | - | Any reciprocal agreements or arrangements entered into | |
| 380 | - | by the Secretary of State or any declarations issued by | |
| 381 | - | the Secretary of State pursuant to any law in effect prior | |
| 382 | - | to the effective date of this Code are not hereby | |
| 383 | - | abrogated, and such shall continue in force and effect | |
| 384 | - | until amended pursuant to the provisions of this Code or | |
| 385 | - | expire pursuant to the terms or provisions thereof. | |
| 386 | - | (Source: P.A. 101-395, eff. 8-16-19.) | |
| 387 | - | (625 ILCS 5/6-102) (from Ch. 95 1/2, par. 6-102) | |
| 388 | - | Sec. 6-102. What persons are exempt. The following persons | |
| 389 | - | are exempt from the requirements of Section 6-101 and are not | |
| 390 | - | required to have an Illinois drivers license or permit if one | |
| 391 | - | or more of the following qualifying exemptions are met and | |
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| 175 | + | SB1960 Enrolled - 6 - LRB103 26928 MXP 53292 b | |
| 176 | + | 1 such vehicle a valid Illinois reciprocity permit as | |
| 177 | + | 2 required by the Secretary of State, and provided like | |
| 178 | + | 3 privileges are afforded to residents of this State by the | |
| 179 | + | 4 State of residence of such owner. | |
| 180 | + | 5 Every nonresident including any foreign corporation | |
| 181 | + | 6 carrying on business within this State and owning and | |
| 182 | + | 7 regularly operating in such business any motor vehicle, | |
| 183 | + | 8 trailer or semitrailer within this State in intrastate | |
| 184 | + | 9 commerce, shall be required to register each such vehicle | |
| 185 | + | 10 and pay the same fees therefor as is required with | |
| 186 | + | 11 reference to like vehicles owned by residents of this | |
| 187 | + | 12 State. | |
| 188 | + | 13 (2) Any motor vehicle, trailer, semitrailer and pole | |
| 189 | + | 14 trailer operated interstate need not be registered in this | |
| 190 | + | 15 State, provided: | |
| 191 | + | 16 (a) that the vehicle is properly registered in | |
| 192 | + | 17 another State pursuant to law or to a reciprocity | |
| 193 | + | 18 agreement, arrangement or declaration; or | |
| 194 | + | 19 (b) that such vehicle is part of a fleet of | |
| 195 | + | 20 vehicles owned or operated by the same person who | |
| 196 | + | 21 registers such fleet of vehicles pro rata among the | |
| 197 | + | 22 various States in which such fleet operates; or | |
| 198 | + | 23 (c) that such vehicle is part of a fleet of | |
| 199 | + | 24 vehicles, a portion of which are registered with the | |
| 200 | + | 25 Secretary of State of Illinois in accordance with an | |
| 201 | + | 26 agreement or arrangement concurred in by the Secretary | |
| 392 | 202 | ||
| 393 | 203 | ||
| 394 | - | apply: | |
| 395 | - | 1. Any employee of the United States Government or any | |
| 396 | - | member of the Armed Forces of the United States, while | |
| 397 | - | operating a motor vehicle owned by or leased to the United | |
| 398 | - | States Government and being operated on official business | |
| 399 | - | need not be licensed; | |
| 400 | - | 2. A nonresident who has in his immediate possession a | |
| 401 | - | valid license issued to him in his home state or country | |
| 402 | - | may operate a motor vehicle for which he is licensed for | |
| 403 | - | the period during which he is in this State; | |
| 404 | - | 3. A nonresident and his spouse and children living | |
| 405 | - | with him who is a student at a college or university in | |
| 406 | - | Illinois who have a valid license issued by their home | |
| 407 | - | State. | |
| 408 | - | 4. A person operating a road machine temporarily upon | |
| 409 | - | a highway or operating a farm tractor between the home | |
| 410 | - | farm buildings and any adjacent or nearby farm land for | |
| 411 | - | the exclusive purpose of conducting farm operations need | |
| 412 | - | not be licensed as a driver. | |
| 413 | - | 5. A resident of this State who has been serving as a | |
| 414 | - | member or as a civilian employee of the Armed Forces of the | |
| 415 | - | United States, or as a civilian employee of the United | |
| 416 | - | States Department of Defense, outside the Continental | |
| 417 | - | limits of the United States, for a period of 120 days | |
| 418 | - | following his return to the continental limits of the | |
| 419 | - | United States. | |
| 420 | 204 | ||
| 421 | 205 | ||
| 422 | - | 6. A nonresident on active duty in the Armed Forces of | |
| 423 | - | the United States who has a valid license issued by his | |
| 424 | - | home state and such nonresident's spouse, and dependent | |
| 425 | - | children and living with parents, who have a valid license | |
| 426 | - | issued by their home state. | |
| 427 | - | 7. A nonresident who becomes a resident of this State, | |
| 428 | - | may for a period of the first 90 days of residence in | |
| 429 | - | Illinois operate any motor vehicle which he was qualified | |
| 430 | - | or licensed to drive by his home state or country so long | |
| 431 | - | as he has in his possession, a valid and current license | |
| 432 | - | issued to him by his home state or country. Upon | |
| 433 | - | expiration of such 90 day period, such new resident must | |
| 434 | - | comply with the provisions of this Act and apply for an | |
| 435 | - | Illinois license or permit. | |
| 436 | - | 8. An engineer, conductor, brakeman, or any other | |
| 437 | - | member of the crew of a locomotive or train being operated | |
| 438 | - | upon rails, including operation on a railroad crossing | |
| 439 | - | over a public street, road or highway. Such person is not | |
| 440 | - | required to display a driver's license to any law | |
| 441 | - | enforcement officer in connection with the operation of a | |
| 442 | - | locomotive or train within this State. | |
| 443 | - | 9. Persons operating low-speed electric scooters in | |
| 444 | - | accordance with Section 11-1518. | |
| 445 | - | The provisions of this Section granting exemption to any | |
| 446 | - | nonresident shall be operative to the same extent that the | |
| 447 | - | laws of the State or country of such nonresident grant like | |
| 206 | + | ||
| 207 | + | SB1960 Enrolled - 6 - LRB103 26928 MXP 53292 b | |
| 448 | 208 | ||
| 449 | 209 | ||
| 450 | - | exemption to residents of this State. | |
| 451 | - | The Secretary of State may implement the exemption | |
| 452 | - | provisions of this Section by inclusion thereof in a | |
| 453 | - | reciprocity agreement, arrangement or declaration issued | |
| 454 | - | pursuant to this Act. | |
| 455 | - | (Source: P.A. 99-118, eff. 1-1-16.) | |
| 456 | - | (625 ILCS 5/11-1518 new) | |
| 457 | - | Sec. 11-1518. Low-speed electric scooters. | |
| 458 | - | (a) Subject to the restrictions of this Section, a | |
| 459 | - | municipality, park district, forest preserve district, or | |
| 460 | - | conservation district may authorize and regulate the operation | |
| 461 | - | of low-speed electric scooters within the unit of local | |
| 462 | - | government on any or all highways under their respective | |
| 463 | - | jurisdiction, sidewalks, trails, or other public right-of-way | |
| 464 | - | where the operation of bicycles is permitted. The use of | |
| 465 | - | low-speed electric scooters within any municipality, park | |
| 466 | - | district, forest preserve district, or conservation district | |
| 467 | - | is allowed only if authorized by the municipality, park | |
| 468 | - | district, forest preserve district, or conservation district | |
| 469 | - | under this Section. Any authorization or regulation by a park | |
| 470 | - | district, forest preserve district, or conservation district | |
| 471 | - | applies only on property owned, managed, or leased by the park | |
| 472 | - | district, forest preserve district, or conservation district. | |
| 473 | - | (a-5) Subject to the restrictions of this Section, the | |
| 474 | - | Department of Natural Resources may authorize and regulate the | |
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| 211 | + | SB1960 Enrolled - 7 - LRB103 26928 MXP 53292 b | |
| 212 | + | 1 of State of Illinois based on one or more of the | |
| 213 | + | 2 following factors: ratio of miles in Illinois as | |
| 214 | + | 3 against total miles in all jurisdictions; situs or | |
| 215 | + | 4 base of a vehicle, or where it is principally garaged, | |
| 216 | + | 5 or from whence it is principally dispatched or where | |
| 217 | + | 6 the movements of such vehicle usually originate; situs | |
| 218 | + | 7 of the residence of the owner or operator thereof, or | |
| 219 | + | 8 of his principal office or offices, or of his places of | |
| 220 | + | 9 business; the routes traversed and whether regular or | |
| 221 | + | 10 irregular routes are traversed, and the jurisdictions | |
| 222 | + | 11 traversed and served; and such other factors as may be | |
| 223 | + | 12 deemed material by the Secretary and the motor vehicle | |
| 224 | + | 13 administrators of the other jurisdictions involved in | |
| 225 | + | 14 such apportionment. Such vehicles shall maintain | |
| 226 | + | 15 therein any reciprocity permit which may be required | |
| 227 | + | 16 by the Secretary of State pursuant to rules and | |
| 228 | + | 17 regulations which the Secretary of State may | |
| 229 | + | 18 promulgate in the administration of this Code, in the | |
| 230 | + | 19 public interest. | |
| 231 | + | 20 (3)(a) In order to effectuate the purposes of this | |
| 232 | + | 21 Code, the Secretary of State of Illinois is empowered to | |
| 233 | + | 22 negotiate and execute written reciprocal agreements or | |
| 234 | + | 23 arrangements with the duly authorized representatives of | |
| 235 | + | 24 other jurisdictions, including States, districts, | |
| 236 | + | 25 territories and possessions of the United States, and | |
| 237 | + | 26 foreign states, provinces, or countries, granting to | |
| 475 | 238 | ||
| 476 | 239 | ||
| 477 | - | operation of low-speed electric scooters on any or all | |
| 478 | - | properties owned, managed, or leased by the Department of | |
| 479 | - | Natural Resources including, but not limited to, sidewalks, | |
| 480 | - | trails, or other public rights-of-way where the operation of | |
| 481 | - | bicycles is permitted. The use of low-speed electric scooters | |
| 482 | - | within any property that is owned, managed, or leased by the | |
| 483 | - | Department of Natural Resources is allowed only if authorized | |
| 484 | - | by the Department of Natural Resources. The Department of | |
| 485 | - | Natural Resources is authorized to adopt administrative rules | |
| 486 | - | for the regulation of low-speed electric scooters on any and | |
| 487 | - | all properties owned, managed, or leased by the Department of | |
| 488 | - | Natural Resources. | |
| 489 | - | (b) A person may not operate a low-speed electric scooter | |
| 490 | - | on a highway with a posted speed limit in excess of 35 mph. | |
| 491 | - | (c) A person may not operate a low-speed electric scooter | |
| 492 | - | unless he or she is 18 years of age or older. | |
| 493 | - | (d) A low-speed electric scooter may be parked in the same | |
| 494 | - | manner and at the same locations as a bicycle may be parked. | |
| 495 | - | (e) Every low-speed electric scooter when in use at | |
| 496 | - | nighttime shall be equipped with a lamp on the front that emits | |
| 497 | - | a white light visible from a distance of at least 500 feet to | |
| 498 | - | the front and with a red reflector on the rear that is visible | |
| 499 | - | from all distances from 100 feet to 600 feet to the rear when | |
| 500 | - | directly in front of lawful lower beams of headlamps on a motor | |
| 501 | - | vehicle, except that a lamp emitting a steady or flashing red | |
| 502 | - | light visible from a distance of 500 feet to the rear may be | |
| 503 | 240 | ||
| 504 | 241 | ||
| 505 | - | used in addition to or instead of the red reflector. | |
| 506 | - | (f) A low-speed electric scooter shall not be equipped | |
| 507 | - | with nor shall any person use upon a low-speed electric | |
| 508 | - | scooter any siren. This subsection does not apply to a | |
| 509 | - | low-speed electric scooter that is a police vehicle or fire | |
| 510 | - | department vehicle. | |
| 511 | - | (g) Every low-speed electric scooter shall be equipped | |
| 512 | - | with a brake that will adequately control movement of and stop | |
| 513 | - | and hold the low-speed electric scooter. | |
| 514 | - | (h) A person may not operate a low-speed electric scooter | |
| 515 | - | while carrying any package, bundle, or article that prevents | |
| 516 | - | the operator from keeping at least one hand upon the | |
| 517 | - | handlebars. | |
| 518 | - | (i) A person may not use a low-speed electric scooter to | |
| 519 | - | carry more than one person at a time. A person operating a | |
| 520 | - | low-speed electric scooter may not attach himself or herself | |
| 521 | - | or the scooter to any other vehicle being operated on the | |
| 522 | - | public right-of-way. | |
| 523 | - | (j) A person may not operate a low-speed electric scooter | |
| 524 | - | upon any public highway in the State while under the influence | |
| 525 | - | of alcohol or any drug. | |
| 526 | - | (k) The use of low-speed electric scooters is not | |
| 527 | - | permitted on State highways. | |
| 528 | - | (l) Every low-speed electric scooter shall be | |
| 529 | - | well-maintained and in good operating condition. | |
| 242 | + | ||
| 243 | + | SB1960 Enrolled - 7 - LRB103 26928 MXP 53292 b | |
| 530 | 244 | ||
| 531 | 245 | ||
| 532 | - | Section 95. No acceleration or delay. Where this Act makes | |
| 533 | - | changes in a statute that is represented in this Act by text | |
| 534 | - | that is not yet or no longer in effect (for example, a Section | |
| 535 | - | represented by multiple versions), the use of that text does | |
| 536 | - | not accelerate or delay the taking effect of (i) the changes | |
| 537 | - | made by this Act or (ii) provisions derived from any other | |
| 538 | - | Public Act. | |
| 246 | + | SB1960 Enrolled- 8 -LRB103 26928 MXP 53292 b SB1960 Enrolled - 8 - LRB103 26928 MXP 53292 b | |
| 247 | + | SB1960 Enrolled - 8 - LRB103 26928 MXP 53292 b | |
| 248 | + | 1 owners or operators of vehicles duly registered or | |
| 249 | + | 2 licensed in such other jurisdictions and for which | |
| 250 | + | 3 evidence of compliance is supplied, benefits, privileges | |
| 251 | + | 4 and exemption from the payment, wholly or partially, of | |
| 252 | + | 5 any taxes, fees or other charges imposed with respect to | |
| 253 | + | 6 the ownership or operation of such vehicles by the laws of | |
| 254 | + | 7 this State except the tax imposed by the Motor Fuel Tax | |
| 255 | + | 8 Law, approved March 25, 1929, as amended, and the tax | |
| 256 | + | 9 imposed by the Use Tax Act, approved July 14, 1955, as | |
| 257 | + | 10 amended. | |
| 258 | + | 11 The Secretary of State may negotiate agreements or | |
| 259 | + | 12 arrangements as are in the best interests of this State | |
| 260 | + | 13 and the residents of this State pursuant to the policies | |
| 261 | + | 14 expressed in this Section taking into consideration the | |
| 262 | + | 15 reciprocal exemptions, benefits and privileges available | |
| 263 | + | 16 and accruing to residents of this State and vehicles | |
| 264 | + | 17 registered in this State. | |
| 265 | + | 18 (b) Such reciprocal agreements or arrangements shall | |
| 266 | + | 19 provide that vehicles duly registered or licensed in this | |
| 267 | + | 20 State when operated upon the highways of such other | |
| 268 | + | 21 jurisdictions, shall receive exemptions, benefits and | |
| 269 | + | 22 privileges of a similar kind or to a similar degree as | |
| 270 | + | 23 extended to vehicles from such jurisdictions in this | |
| 271 | + | 24 State. | |
| 272 | + | 25 (c) Such agreements or arrangements may also authorize | |
| 273 | + | 26 the apportionment of registration or licensing of fleets | |
| 274 | + | ||
| 275 | + | ||
| 276 | + | ||
| 277 | + | ||
| 278 | + | ||
| 279 | + | SB1960 Enrolled - 8 - LRB103 26928 MXP 53292 b | |
| 280 | + | ||
| 281 | + | ||
| 282 | + | SB1960 Enrolled- 9 -LRB103 26928 MXP 53292 b SB1960 Enrolled - 9 - LRB103 26928 MXP 53292 b | |
| 283 | + | SB1960 Enrolled - 9 - LRB103 26928 MXP 53292 b | |
| 284 | + | 1 of vehicles operated interstate, based on any or all of | |
| 285 | + | 2 the following factors: ratio of miles in Illinois as | |
| 286 | + | 3 against total miles in all jurisdictions; situs or base of | |
| 287 | + | 4 a vehicle, or where it is principally garaged or from | |
| 288 | + | 5 whence it is principally dispatched or where the movements | |
| 289 | + | 6 of such vehicle usually originate; situs of the residence | |
| 290 | + | 7 of the owner or operator thereof, or of his principal | |
| 291 | + | 8 office or offices, or of his places of business; the | |
| 292 | + | 9 routes traversed and whether regular or irregular routes | |
| 293 | + | 10 are traversed, and the jurisdictions traversed and served; | |
| 294 | + | 11 and such other factors as may be deemed material by the | |
| 295 | + | 12 Secretary and the motor vehicle administrators of the | |
| 296 | + | 13 other jurisdictions involved in such apportionment, and | |
| 297 | + | 14 such vehicles shall likewise be entitled to reciprocal | |
| 298 | + | 15 exemptions, benefits and privileges. | |
| 299 | + | 16 (d) Such agreements or arrangements shall also provide | |
| 300 | + | 17 that vehicles being operated in intrastate commerce in | |
| 301 | + | 18 Illinois shall comply with the registration and licensing | |
| 302 | + | 19 laws of this State, except that vehicles which are part of | |
| 303 | + | 20 an apportioned fleet may conduct an intrastate operation | |
| 304 | + | 21 incidental to their interstate operations. Any motor | |
| 305 | + | 22 vehicle properly registered and qualified under any | |
| 306 | + | 23 reciprocal agreement or arrangement under this Code and | |
| 307 | + | 24 not having a situs or base within Illinois may complete | |
| 308 | + | 25 the inbound movement of a trailer or semitrailer to an | |
| 309 | + | 26 Illinois destination that was brought into Illinois by a | |
| 310 | + | ||
| 311 | + | ||
| 312 | + | ||
| 313 | + | ||
| 314 | + | ||
| 315 | + | SB1960 Enrolled - 9 - LRB103 26928 MXP 53292 b | |
| 316 | + | ||
| 317 | + | ||
| 318 | + | SB1960 Enrolled- 10 -LRB103 26928 MXP 53292 b SB1960 Enrolled - 10 - LRB103 26928 MXP 53292 b | |
| 319 | + | SB1960 Enrolled - 10 - LRB103 26928 MXP 53292 b | |
| 320 | + | 1 motor vehicle also properly registered and qualified under | |
| 321 | + | 2 this Code and not having a situs or base within Illinois, | |
| 322 | + | 3 or may complete an outbound movement of a trailer or | |
| 323 | + | 4 semitrailer to an out-of-state destination that was | |
| 324 | + | 5 originated in Illinois by a motor vehicle also properly | |
| 325 | + | 6 registered and qualified under this Code and not having a | |
| 326 | + | 7 situs or base in Illinois, only if the operator thereof | |
| 327 | + | 8 did not break bulk of the cargo laden in such inbound or | |
| 328 | + | 9 outbound trailer or semitrailer. Adding or unloading | |
| 329 | + | 10 intrastate cargo on such inbound or outbound trailer or | |
| 330 | + | 11 semitrailer shall be deemed as breaking bulk. | |
| 331 | + | 12 (e) Such agreements or arrangements may also provide | |
| 332 | + | 13 for the determination of the proper State in which leased | |
| 333 | + | 14 vehicles shall be registered based on the factors set out | |
| 334 | + | 15 in subsection (c) above and for apportionment of | |
| 335 | + | 16 registration of fleets of leased vehicles by the lessee or | |
| 336 | + | 17 by the lessor who leases such vehicles to persons who are | |
| 337 | + | 18 not fleet operators. | |
| 338 | + | 19 (f) Such agreements or arrangements may also include | |
| 339 | + | 20 reciprocal exemptions, benefits or privileges accruing | |
| 340 | + | 21 under The Illinois Driver Licensing Law or The Driver | |
| 341 | + | 22 License Compact. | |
| 342 | + | 23 (4) The Secretary of State is further authorized to | |
| 343 | + | 24 examine the laws and requirements of other jurisdictions, | |
| 344 | + | 25 and, in the absence of a written agreement or arrangement, | |
| 345 | + | 26 to issue a written declaration of the extent and nature of | |
| 346 | + | ||
| 347 | + | ||
| 348 | + | ||
| 349 | + | ||
| 350 | + | ||
| 351 | + | SB1960 Enrolled - 10 - LRB103 26928 MXP 53292 b | |
| 352 | + | ||
| 353 | + | ||
| 354 | + | SB1960 Enrolled- 11 -LRB103 26928 MXP 53292 b SB1960 Enrolled - 11 - LRB103 26928 MXP 53292 b | |
| 355 | + | SB1960 Enrolled - 11 - LRB103 26928 MXP 53292 b | |
| 356 | + | 1 the exemptions, benefits and privileges accorded to | |
| 357 | + | 2 vehicles of this State by such other jurisdictions, and | |
| 358 | + | 3 the extent and nature of reciprocal exemptions, benefits | |
| 359 | + | 4 and privileges thereby accorded by this State to the | |
| 360 | + | 5 vehicles of such other jurisdictions. A declaration by the | |
| 361 | + | 6 Secretary of State may include any, part or all reciprocal | |
| 362 | + | 7 exemptions, benefits and privileges or provisions as may | |
| 363 | + | 8 be included within an agreement or arrangement. | |
| 364 | + | 9 (5) All agreements, arrangements, declarations and | |
| 365 | + | 10 amendments thereto, shall be in writing and become | |
| 366 | + | 11 effective when signed by the Secretary of State, and | |
| 367 | + | 12 copies of all such documents shall be available to the | |
| 368 | + | 13 public upon request. | |
| 369 | + | 14 (6) The Secretary of State is further authorized to | |
| 370 | + | 15 require the display by foreign registered trucks, | |
| 371 | + | 16 truck-tractors and buses, entitled to reciprocal benefits, | |
| 372 | + | 17 exemptions or privileges hereunder, a reciprocity permit | |
| 373 | + | 18 for external display before any such reciprocal benefits, | |
| 374 | + | 19 exemptions or privileges are granted. The Secretary of | |
| 375 | + | 20 State shall provide suitable application forms for such | |
| 376 | + | 21 permit and shall promulgate and publish reasonable rules | |
| 377 | + | 22 and regulations for the administration and enforcement of | |
| 378 | + | 23 the provisions of this Code including a provision for | |
| 379 | + | 24 revocation of such permit as to any vehicle operated | |
| 380 | + | 25 wilfully in violation of the terms of any reciprocal | |
| 381 | + | 26 agreement, arrangement or declaration or in violation of | |
| 382 | + | ||
| 383 | + | ||
| 384 | + | ||
| 385 | + | ||
| 386 | + | ||
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| 391 | + | SB1960 Enrolled - 12 - LRB103 26928 MXP 53292 b | |
| 392 | + | 1 the Illinois Motor Carrier of Property Law, as amended. | |
| 393 | + | 2 (7)(a) Upon the suspension, revocation or denial of | |
| 394 | + | 3 one or more of all reciprocal benefits, privileges and | |
| 395 | + | 4 exemptions existing pursuant to the terms and provisions | |
| 396 | + | 5 of this Code or by virtue of a reciprocal agreement or | |
| 397 | + | 6 arrangement or declaration thereunder; or, upon the | |
| 398 | + | 7 suspension, revocation or denial of a reciprocity permit; | |
| 399 | + | 8 or, upon any action or inaction of the Secretary in the | |
| 400 | + | 9 administration and enforcement of the provisions of this | |
| 401 | + | 10 Code, any person, resident or nonresident, so aggrieved, | |
| 402 | + | 11 may serve upon the Secretary, a petition in writing and | |
| 403 | + | 12 under oath, setting forth the grievance of the petitioner, | |
| 404 | + | 13 the grounds and basis for the relief sought, and all | |
| 405 | + | 14 necessary facts and particulars, and request an | |
| 406 | + | 15 administrative hearing thereon. Within 20 days, the | |
| 407 | + | 16 Secretary shall set a hearing date as early as practical. | |
| 408 | + | 17 The Secretary may, in his discretion, supply forms for | |
| 409 | + | 18 such a petition. The Secretary may require the payment of | |
| 410 | + | 19 a fee of not more than $50 for the filing of any petition, | |
| 411 | + | 20 motion, or request for hearing conducted pursuant to this | |
| 412 | + | 21 Section. These fees must be deposited into the Secretary | |
| 413 | + | 22 of State DUI Administration Fund, a special fund that is | |
| 414 | + | 23 hereby created in the State treasury, and, subject to | |
| 415 | + | 24 appropriation and as directed by the Secretary of State, | |
| 416 | + | 25 shall be used to fund the operation of the hearings | |
| 417 | + | 26 department of the Office of the Secretary of State and for | |
| 418 | + | ||
| 419 | + | ||
| 420 | + | ||
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| 422 | + | ||
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| 427 | + | SB1960 Enrolled - 13 - LRB103 26928 MXP 53292 b | |
| 428 | + | 1 no other purpose. The Secretary shall establish by rule | |
| 429 | + | 2 the amount and the procedures, terms, and conditions | |
| 430 | + | 3 relating to these fees. | |
| 431 | + | 4 (b) The Secretary may likewise, in his discretion and | |
| 432 | + | 5 upon his own petition, order a hearing, when in his best | |
| 433 | + | 6 judgment, any person is not entitled to the reciprocal | |
| 434 | + | 7 benefits, privileges and exemptions existing pursuant to | |
| 435 | + | 8 the terms and provisions of this Code or under a | |
| 436 | + | 9 reciprocal agreement or arrangement or declaration | |
| 437 | + | 10 thereunder or that a vehicle owned or operated by such | |
| 438 | + | 11 person is improperly registered or licensed, or that an | |
| 439 | + | 12 Illinois resident has improperly registered or licensed a | |
| 440 | + | 13 vehicle in another jurisdiction for the purposes of | |
| 441 | + | 14 violating or avoiding the registration laws of this State. | |
| 442 | + | 15 (c) The Secretary shall notify a petitioner or any | |
| 443 | + | 16 other person involved of such a hearing, by giving at | |
| 444 | + | 17 least 10 days notice, in writing, by U.S. Mail, Registered | |
| 445 | + | 18 or Certified, or by personal service, at the last known | |
| 446 | + | 19 address of such petitioner or person, specifying the time | |
| 447 | + | 20 and place of such hearing. Such hearing shall be held | |
| 448 | + | 21 before the Secretary, or any person as he may designate, | |
| 449 | + | 22 and unless the parties mutually agree to some other county | |
| 450 | + | 23 in Illinois, the hearing shall be held in the County of | |
| 451 | + | 24 Sangamon or the County of Cook. Appropriate records of the | |
| 452 | + | 25 hearing shall be kept, and the Secretary shall issue or | |
| 453 | + | 26 cause to be issued, his decision on the case, within 30 | |
| 454 | + | ||
| 455 | + | ||
| 456 | + | ||
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| 463 | + | SB1960 Enrolled - 14 - LRB103 26928 MXP 53292 b | |
| 464 | + | 1 days after the close of such hearing or within 30 days | |
| 465 | + | 2 after receipt of the transcript thereof, and a copy shall | |
| 466 | + | 3 likewise be served or mailed to the petitioner or person | |
| 467 | + | 4 involved. | |
| 468 | + | 5 (d) The actions or inactions or determinations, or | |
| 469 | + | 6 findings and decisions upon an administrative hearing, of | |
| 470 | + | 7 the Secretary, shall be subject to judicial review in the | |
| 471 | + | 8 Circuit Court of the County of Sangamon or the County of | |
| 472 | + | 9 Cook, and the provisions of the Administrative Review Law, | |
| 473 | + | 10 and all amendments and modifications thereof and rules | |
| 474 | + | 11 adopted pursuant thereto, apply to and govern all such | |
| 475 | + | 12 reviewable matters. | |
| 476 | + | 13 Any reciprocal agreements or arrangements entered into | |
| 477 | + | 14 by the Secretary of State or any declarations issued by | |
| 478 | + | 15 the Secretary of State pursuant to any law in effect prior | |
| 479 | + | 16 to the effective date of this Code are not hereby | |
| 480 | + | 17 abrogated, and such shall continue in force and effect | |
| 481 | + | 18 until amended pursuant to the provisions of this Code or | |
| 482 | + | 19 expire pursuant to the terms or provisions thereof. | |
| 483 | + | 20 (Source: P.A. 101-395, eff. 8-16-19.) | |
| 484 | + | 21 (625 ILCS 5/6-102) (from Ch. 95 1/2, par. 6-102) | |
| 485 | + | 22 Sec. 6-102. What persons are exempt. The following persons | |
| 486 | + | 23 are exempt from the requirements of Section 6-101 and are not | |
| 487 | + | 24 required to have an Illinois drivers license or permit if one | |
| 488 | + | 25 or more of the following qualifying exemptions are met and | |
| 489 | + | ||
| 490 | + | ||
| 491 | + | ||
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| 498 | + | SB1960 Enrolled - 15 - LRB103 26928 MXP 53292 b | |
| 499 | + | 1 apply: | |
| 500 | + | 2 1. Any employee of the United States Government or any | |
| 501 | + | 3 member of the Armed Forces of the United States, while | |
| 502 | + | 4 operating a motor vehicle owned by or leased to the United | |
| 503 | + | 5 States Government and being operated on official business | |
| 504 | + | 6 need not be licensed; | |
| 505 | + | 7 2. A nonresident who has in his immediate possession a | |
| 506 | + | 8 valid license issued to him in his home state or country | |
| 507 | + | 9 may operate a motor vehicle for which he is licensed for | |
| 508 | + | 10 the period during which he is in this State; | |
| 509 | + | 11 3. A nonresident and his spouse and children living | |
| 510 | + | 12 with him who is a student at a college or university in | |
| 511 | + | 13 Illinois who have a valid license issued by their home | |
| 512 | + | 14 State. | |
| 513 | + | 15 4. A person operating a road machine temporarily upon | |
| 514 | + | 16 a highway or operating a farm tractor between the home | |
| 515 | + | 17 farm buildings and any adjacent or nearby farm land for | |
| 516 | + | 18 the exclusive purpose of conducting farm operations need | |
| 517 | + | 19 not be licensed as a driver. | |
| 518 | + | 20 5. A resident of this State who has been serving as a | |
| 519 | + | 21 member or as a civilian employee of the Armed Forces of the | |
| 520 | + | 22 United States, or as a civilian employee of the United | |
| 521 | + | 23 States Department of Defense, outside the Continental | |
| 522 | + | 24 limits of the United States, for a period of 120 days | |
| 523 | + | 25 following his return to the continental limits of the | |
| 524 | + | 26 United States. | |
| 525 | + | ||
| 526 | + | ||
| 527 | + | ||
| 528 | + | ||
| 529 | + | ||
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| 534 | + | SB1960 Enrolled - 16 - LRB103 26928 MXP 53292 b | |
| 535 | + | 1 6. A nonresident on active duty in the Armed Forces of | |
| 536 | + | 2 the United States who has a valid license issued by his | |
| 537 | + | 3 home state and such nonresident's spouse, and dependent | |
| 538 | + | 4 children and living with parents, who have a valid license | |
| 539 | + | 5 issued by their home state. | |
| 540 | + | 6 7. A nonresident who becomes a resident of this State, | |
| 541 | + | 7 may for a period of the first 90 days of residence in | |
| 542 | + | 8 Illinois operate any motor vehicle which he was qualified | |
| 543 | + | 9 or licensed to drive by his home state or country so long | |
| 544 | + | 10 as he has in his possession, a valid and current license | |
| 545 | + | 11 issued to him by his home state or country. Upon | |
| 546 | + | 12 expiration of such 90 day period, such new resident must | |
| 547 | + | 13 comply with the provisions of this Act and apply for an | |
| 548 | + | 14 Illinois license or permit. | |
| 549 | + | 15 8. An engineer, conductor, brakeman, or any other | |
| 550 | + | 16 member of the crew of a locomotive or train being operated | |
| 551 | + | 17 upon rails, including operation on a railroad crossing | |
| 552 | + | 18 over a public street, road or highway. Such person is not | |
| 553 | + | 19 required to display a driver's license to any law | |
| 554 | + | 20 enforcement officer in connection with the operation of a | |
| 555 | + | 21 locomotive or train within this State. | |
| 556 | + | 22 9. Persons operating low-speed electric scooters in | |
| 557 | + | 23 accordance with Section 11-1518. | |
| 558 | + | 24 The provisions of this Section granting exemption to any | |
| 559 | + | 25 nonresident shall be operative to the same extent that the | |
| 560 | + | 26 laws of the State or country of such nonresident grant like | |
| 561 | + | ||
| 562 | + | ||
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| 570 | + | SB1960 Enrolled - 17 - LRB103 26928 MXP 53292 b | |
| 571 | + | 1 exemption to residents of this State. | |
| 572 | + | 2 The Secretary of State may implement the exemption | |
| 573 | + | 3 provisions of this Section by inclusion thereof in a | |
| 574 | + | 4 reciprocity agreement, arrangement or declaration issued | |
| 575 | + | 5 pursuant to this Act. | |
| 576 | + | 6 (Source: P.A. 99-118, eff. 1-1-16.) | |
| 577 | + | 7 (625 ILCS 5/11-1518 new) | |
| 578 | + | 8 Sec. 11-1518. Low-speed electric scooters. | |
| 579 | + | 9 (a) Subject to the restrictions of this Section, a | |
| 580 | + | 10 municipality, park district, forest preserve district, or | |
| 581 | + | 11 conservation district may authorize and regulate the operation | |
| 582 | + | 12 of low-speed electric scooters within the unit of local | |
| 583 | + | 13 government on any or all highways under their respective | |
| 584 | + | 14 jurisdiction, sidewalks, trails, or other public right-of-way | |
| 585 | + | 15 where the operation of bicycles is permitted. The use of | |
| 586 | + | 16 low-speed electric scooters within any municipality, park | |
| 587 | + | 17 district, forest preserve district, or conservation district | |
| 588 | + | 18 is allowed only if authorized by the municipality, park | |
| 589 | + | 19 district, forest preserve district, or conservation district | |
| 590 | + | 20 under this Section. Any authorization or regulation by a park | |
| 591 | + | 21 district, forest preserve district, or conservation district | |
| 592 | + | 22 applies only on property owned, managed, or leased by the park | |
| 593 | + | 23 district, forest preserve district, or conservation district. | |
| 594 | + | 24 (a-5) Subject to the restrictions of this Section, the | |
| 595 | + | 25 Department of Natural Resources may authorize and regulate the | |
| 596 | + | ||
| 597 | + | ||
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| 605 | + | SB1960 Enrolled - 18 - LRB103 26928 MXP 53292 b | |
| 606 | + | 1 operation of low-speed electric scooters on any or all | |
| 607 | + | 2 properties owned, managed, or leased by the Department of | |
| 608 | + | 3 Natural Resources including, but not limited to, sidewalks, | |
| 609 | + | 4 trails, or other public rights-of-way where the operation of | |
| 610 | + | 5 bicycles is permitted. The use of low-speed electric scooters | |
| 611 | + | 6 within any property that is owned, managed, or leased by the | |
| 612 | + | 7 Department of Natural Resources is allowed only if authorized | |
| 613 | + | 8 by the Department of Natural Resources. The Department of | |
| 614 | + | 9 Natural Resources is authorized to adopt administrative rules | |
| 615 | + | 10 for the regulation of low-speed electric scooters on any and | |
| 616 | + | 11 all properties owned, managed, or leased by the Department of | |
| 617 | + | 12 Natural Resources. | |
| 618 | + | 13 (b) A person may not operate a low-speed electric scooter | |
| 619 | + | 14 on a highway with a posted speed limit in excess of 35 mph. | |
| 620 | + | 15 (c) A person may not operate a low-speed electric scooter | |
| 621 | + | 16 unless he or she is 18 years of age or older. | |
| 622 | + | 17 (d) A low-speed electric scooter may be parked in the same | |
| 623 | + | 18 manner and at the same locations as a bicycle may be parked. | |
| 624 | + | 19 (e) Every low-speed electric scooter when in use at | |
| 625 | + | 20 nighttime shall be equipped with a lamp on the front that emits | |
| 626 | + | 21 a white light visible from a distance of at least 500 feet to | |
| 627 | + | 22 the front and with a red reflector on the rear that is visible | |
| 628 | + | 23 from all distances from 100 feet to 600 feet to the rear when | |
| 629 | + | 24 directly in front of lawful lower beams of headlamps on a motor | |
| 630 | + | 25 vehicle, except that a lamp emitting a steady or flashing red | |
| 631 | + | 26 light visible from a distance of 500 feet to the rear may be | |
| 632 | + | ||
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| 642 | + | 1 used in addition to or instead of the red reflector. | |
| 643 | + | 2 (f) A low-speed electric scooter shall not be equipped | |
| 644 | + | 3 with nor shall any person use upon a low-speed electric | |
| 645 | + | 4 scooter any siren. This subsection does not apply to a | |
| 646 | + | 5 low-speed electric scooter that is a police vehicle or fire | |
| 647 | + | 6 department vehicle. | |
| 648 | + | 7 (g) Every low-speed electric scooter shall be equipped | |
| 649 | + | 8 with a brake that will adequately control movement of and stop | |
| 650 | + | 9 and hold the low-speed electric scooter. | |
| 651 | + | 10 (h) A person may not operate a low-speed electric scooter | |
| 652 | + | 11 while carrying any package, bundle, or article that prevents | |
| 653 | + | 12 the operator from keeping at least one hand upon the | |
| 654 | + | 13 handlebars. | |
| 655 | + | 14 (i) A person may not use a low-speed electric scooter to | |
| 656 | + | 15 carry more than one person at a time. A person operating a | |
| 657 | + | 16 low-speed electric scooter may not attach himself or herself | |
| 658 | + | 17 or the scooter to any other vehicle being operated on the | |
| 659 | + | 18 public right-of-way. | |
| 660 | + | 19 (j) A person may not operate a low-speed electric scooter | |
| 661 | + | 20 upon any public highway in the State while under the influence | |
| 662 | + | 21 of alcohol or any drug. | |
| 663 | + | 22 (k) The use of low-speed electric scooters is not | |
| 664 | + | 23 permitted on State highways. | |
| 665 | + | 24 (l) Every low-speed electric scooter shall be | |
| 666 | + | 25 well-maintained and in good operating condition. | |
| 667 | + | ||
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| 676 | + | SB1960 Enrolled - 20 - LRB103 26928 MXP 53292 b | |
| 677 | + | 1 Section 95. No acceleration or delay. Where this Act makes | |
| 678 | + | 2 changes in a statute that is represented in this Act by text | |
| 679 | + | 3 that is not yet or no longer in effect (for example, a Section | |
| 680 | + | 4 represented by multiple versions), the use of that text does | |
| 681 | + | 5 not accelerate or delay the taking effect of (i) the changes | |
| 682 | + | 6 made by this Act or (ii) provisions derived from any other | |
| 683 | + | 7 Public Act. | |
| 684 | + | ||
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