Illinois 2023-2024 Regular Session

Illinois Senate Bill SB1982 Latest Draft

Bill / Introduced Version Filed 02/09/2023

                            103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB1982 Introduced 2/9/2023, by Sen. Omar Aquino SYNOPSIS AS INTRODUCED:   625 ILCS 5/1-146 from Ch. 95 1/2, par. 1-146 625 ILCS 5/1-159.15 new625 ILCS 5/1-159.16 new 625 ILCS 5/1-188 from Ch. 95 1/2, par. 1-188  625 ILCS 5/1-217 from Ch. 95 1/2, par. 1-217 625 ILCS 5/11-1005.2 new625 ILCS 5/11-1412.4 new  Amends the Illinois Vehicle Code. Provides that a personal delivery device shall be authorized to operate on any sidewalk, crosswalk, or public roadway or highway in the State. Provides that a personal delivery device shall: (1) be equipped with a system that enables the personal delivery device to come to a controlled stop; (2) have the capability of operating in a manner that complies with pedestrians' rights and duties; (3) not unreasonably interfere with motor vehicles or traffic or otherwise block any right-of-way; (4) operate at a speed that shall not exceed 10 miles per hour on a sidewalk or crosswalk; (5) not be used to transport specified hazardous materials; and (6) include a unique identifying number and a means of identifying the personal delivery device operator. Specifies that a personal delivery device shall have all the rights and duties applicable to a pedestrian under the same circumstances. Provides that a personal delivery device shall not be deemed a motor vehicle or a vehicle. Provides that a personal delivery device shall be exempt from all vehicle or motor vehicle registration requirements. Requires a personal delivery device operator to maintain an insurance policy that provides general liability coverage of at least $100,000 for damages arising from the combined operations of any personal delivery devices under the personal delivery device operator's control. Prohibits local authorities from enacting or enforcing a rule, regulation, ordinance, or resolution relating to specified aspects of a personal delivery device. Limits home rule powers. Makes conforming changes.  LRB103 30692 MXP 57164 b   A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB1982 Introduced 2/9/2023, by Sen. Omar Aquino SYNOPSIS AS INTRODUCED:  625 ILCS 5/1-146 from Ch. 95 1/2, par. 1-146 625 ILCS 5/1-159.15 new625 ILCS 5/1-159.16 new 625 ILCS 5/1-188 from Ch. 95 1/2, par. 1-188  625 ILCS 5/1-217 from Ch. 95 1/2, par. 1-217 625 ILCS 5/11-1005.2 new625 ILCS 5/11-1412.4 new 625 ILCS 5/1-146 from Ch. 95 1/2, par. 1-146 625 ILCS 5/1-159.15 new  625 ILCS 5/1-159.16 new  625 ILCS 5/1-188 from Ch. 95 1/2, par. 1-188 625 ILCS 5/1-217 from Ch. 95 1/2, par. 1-217 625 ILCS 5/11-1005.2 new  625 ILCS 5/11-1412.4 new  Amends the Illinois Vehicle Code. Provides that a personal delivery device shall be authorized to operate on any sidewalk, crosswalk, or public roadway or highway in the State. Provides that a personal delivery device shall: (1) be equipped with a system that enables the personal delivery device to come to a controlled stop; (2) have the capability of operating in a manner that complies with pedestrians' rights and duties; (3) not unreasonably interfere with motor vehicles or traffic or otherwise block any right-of-way; (4) operate at a speed that shall not exceed 10 miles per hour on a sidewalk or crosswalk; (5) not be used to transport specified hazardous materials; and (6) include a unique identifying number and a means of identifying the personal delivery device operator. Specifies that a personal delivery device shall have all the rights and duties applicable to a pedestrian under the same circumstances. Provides that a personal delivery device shall not be deemed a motor vehicle or a vehicle. Provides that a personal delivery device shall be exempt from all vehicle or motor vehicle registration requirements. Requires a personal delivery device operator to maintain an insurance policy that provides general liability coverage of at least $100,000 for damages arising from the combined operations of any personal delivery devices under the personal delivery device operator's control. Prohibits local authorities from enacting or enforcing a rule, regulation, ordinance, or resolution relating to specified aspects of a personal delivery device. Limits home rule powers. Makes conforming changes.  LRB103 30692 MXP 57164 b     LRB103 30692 MXP 57164 b   A BILL FOR
103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB1982 Introduced 2/9/2023, by Sen. Omar Aquino SYNOPSIS AS INTRODUCED:
625 ILCS 5/1-146 from Ch. 95 1/2, par. 1-146 625 ILCS 5/1-159.15 new625 ILCS 5/1-159.16 new 625 ILCS 5/1-188 from Ch. 95 1/2, par. 1-188  625 ILCS 5/1-217 from Ch. 95 1/2, par. 1-217 625 ILCS 5/11-1005.2 new625 ILCS 5/11-1412.4 new 625 ILCS 5/1-146 from Ch. 95 1/2, par. 1-146 625 ILCS 5/1-159.15 new  625 ILCS 5/1-159.16 new  625 ILCS 5/1-188 from Ch. 95 1/2, par. 1-188 625 ILCS 5/1-217 from Ch. 95 1/2, par. 1-217 625 ILCS 5/11-1005.2 new  625 ILCS 5/11-1412.4 new
625 ILCS 5/1-146 from Ch. 95 1/2, par. 1-146
625 ILCS 5/1-159.15 new
625 ILCS 5/1-159.16 new
625 ILCS 5/1-188 from Ch. 95 1/2, par. 1-188
625 ILCS 5/1-217 from Ch. 95 1/2, par. 1-217
625 ILCS 5/11-1005.2 new
625 ILCS 5/11-1412.4 new
Amends the Illinois Vehicle Code. Provides that a personal delivery device shall be authorized to operate on any sidewalk, crosswalk, or public roadway or highway in the State. Provides that a personal delivery device shall: (1) be equipped with a system that enables the personal delivery device to come to a controlled stop; (2) have the capability of operating in a manner that complies with pedestrians' rights and duties; (3) not unreasonably interfere with motor vehicles or traffic or otherwise block any right-of-way; (4) operate at a speed that shall not exceed 10 miles per hour on a sidewalk or crosswalk; (5) not be used to transport specified hazardous materials; and (6) include a unique identifying number and a means of identifying the personal delivery device operator. Specifies that a personal delivery device shall have all the rights and duties applicable to a pedestrian under the same circumstances. Provides that a personal delivery device shall not be deemed a motor vehicle or a vehicle. Provides that a personal delivery device shall be exempt from all vehicle or motor vehicle registration requirements. Requires a personal delivery device operator to maintain an insurance policy that provides general liability coverage of at least $100,000 for damages arising from the combined operations of any personal delivery devices under the personal delivery device operator's control. Prohibits local authorities from enacting or enforcing a rule, regulation, ordinance, or resolution relating to specified aspects of a personal delivery device. Limits home rule powers. Makes conforming changes.
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A BILL FOR
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1  AN ACT concerning transportation.
2  Be it enacted by the People of the State of Illinois,
3  represented in the General Assembly:
4  Section 5. The Illinois Vehicle Code is amended by
5  changing Sections 1-146, 1-188, and 1-217 and adding Sections
6  1-159.15, 1-159.16, 11-1005.2, and 11-1412.4 as follows:
7  (625 ILCS 5/1-146) (from Ch. 95 1/2, par. 1-146)
8  Sec. 1-146. Motor vehicle. Every vehicle which is
9  self-propelled and every vehicle which is propelled by
10  electric power obtained from overhead trolley wires, but not
11  operated upon rails, except for vehicles moved solely by human
12  power, personal delivery devices, motorized wheelchairs,
13  low-speed electric bicycles, and low-speed gas bicycles. For
14  this Act, motor vehicles are divided into two divisions:
15  First Division: Those motor vehicles which are designed
16  for the carrying of not more than 10 persons.
17  Second Division: Those motor vehicles which are designed
18  for carrying more than 10 persons, those motor vehicles
19  designed or used for living quarters, those motor vehicles
20  which are designed for pulling or carrying freight, cargo or
21  implements of husbandry, and those motor vehicles of the First
22  Division remodelled for use and used as motor vehicles of the
23  Second Division.

 

103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB1982 Introduced 2/9/2023, by Sen. Omar Aquino SYNOPSIS AS INTRODUCED:
625 ILCS 5/1-146 from Ch. 95 1/2, par. 1-146 625 ILCS 5/1-159.15 new625 ILCS 5/1-159.16 new 625 ILCS 5/1-188 from Ch. 95 1/2, par. 1-188  625 ILCS 5/1-217 from Ch. 95 1/2, par. 1-217 625 ILCS 5/11-1005.2 new625 ILCS 5/11-1412.4 new 625 ILCS 5/1-146 from Ch. 95 1/2, par. 1-146 625 ILCS 5/1-159.15 new  625 ILCS 5/1-159.16 new  625 ILCS 5/1-188 from Ch. 95 1/2, par. 1-188 625 ILCS 5/1-217 from Ch. 95 1/2, par. 1-217 625 ILCS 5/11-1005.2 new  625 ILCS 5/11-1412.4 new
625 ILCS 5/1-146 from Ch. 95 1/2, par. 1-146
625 ILCS 5/1-159.15 new
625 ILCS 5/1-159.16 new
625 ILCS 5/1-188 from Ch. 95 1/2, par. 1-188
625 ILCS 5/1-217 from Ch. 95 1/2, par. 1-217
625 ILCS 5/11-1005.2 new
625 ILCS 5/11-1412.4 new
Amends the Illinois Vehicle Code. Provides that a personal delivery device shall be authorized to operate on any sidewalk, crosswalk, or public roadway or highway in the State. Provides that a personal delivery device shall: (1) be equipped with a system that enables the personal delivery device to come to a controlled stop; (2) have the capability of operating in a manner that complies with pedestrians' rights and duties; (3) not unreasonably interfere with motor vehicles or traffic or otherwise block any right-of-way; (4) operate at a speed that shall not exceed 10 miles per hour on a sidewalk or crosswalk; (5) not be used to transport specified hazardous materials; and (6) include a unique identifying number and a means of identifying the personal delivery device operator. Specifies that a personal delivery device shall have all the rights and duties applicable to a pedestrian under the same circumstances. Provides that a personal delivery device shall not be deemed a motor vehicle or a vehicle. Provides that a personal delivery device shall be exempt from all vehicle or motor vehicle registration requirements. Requires a personal delivery device operator to maintain an insurance policy that provides general liability coverage of at least $100,000 for damages arising from the combined operations of any personal delivery devices under the personal delivery device operator's control. Prohibits local authorities from enacting or enforcing a rule, regulation, ordinance, or resolution relating to specified aspects of a personal delivery device. Limits home rule powers. Makes conforming changes.
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A BILL FOR

 

 

625 ILCS 5/1-146 from Ch. 95 1/2, par. 1-146
625 ILCS 5/1-159.15 new
625 ILCS 5/1-159.16 new
625 ILCS 5/1-188 from Ch. 95 1/2, par. 1-188
625 ILCS 5/1-217 from Ch. 95 1/2, par. 1-217
625 ILCS 5/11-1005.2 new
625 ILCS 5/11-1412.4 new



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1  (Source: P.A. 96-125, eff. 1-1-10.)
2  (625 ILCS 5/1-159.15 new)
3  Sec. 1-159.15. Personal delivery device. A powered device
4  that is:
5  (1) intended to be operated primarily on sidewalks,
6  crosswalks, and other pedestrian areas to transport cargo;
7  (2) not intended to carry passengers; and
8  (3) capable of navigating with the active control or
9  monitoring of a natural person.
10  (625 ILCS 5/1-159.16 new)
11  Sec. 1-159.16. Personal delivery device operator. A person
12  or an agent of a person who exercises control or monitoring
13  over the operation of a personal delivery device. A person or
14  an agent of a person shall not be considered a personal
15  delivery operator solely because the person or agent:
16  (1) requests or receives the delivery or services of a
17  personal delivery device;
18  (2) arranges for or dispatches the requested services
19  of a personal delivery device; or
20  (3) stores, charges, or maintains a personal delivery
21  device.
22  (625 ILCS 5/1-188) (from Ch. 95 1/2, par. 1-188)
23  Sec. 1-188. Sidewalk.

 

 

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1  That portion of a street between the curb lines, or the
2  lateral lines of a roadway, and the adjacent property lines,
3  primarily intended for use of pedestrians.
4  (Source: P.A. 76-1586.)
5  (625 ILCS 5/1-217) (from Ch. 95 1/2, par. 1-217)
6  Sec. 1-217. Vehicle. Every device, in, upon or by which
7  any person or property is or may be transported or drawn upon a
8  highway or requiring a certificate of title under Section
9  3-101(d) of this Code, except devices moved by human power,
10  personal delivery devices, devices used exclusively upon
11  stationary rails or tracks, and snowmobiles as defined in the
12  Snowmobile Registration and Safety Act.
13  For the purposes of this Code, unless otherwise
14  prescribed, a device shall be considered to be a vehicle until
15  such time it either comes within the definition of a junk
16  vehicle, as defined under this Code, or a junking certificate
17  is issued for it.
18  For this Code, vehicles are divided into 2 divisions:
19  First Division: Those motor vehicles which are designed
20  for the carrying of not more than 10 persons.
21  Second Division: Those vehicles which are designed for
22  carrying more than 10 persons, those designed or used for
23  living quarters and those vehicles which are designed for
24  pulling or carrying property, freight or cargo, those motor
25  vehicles of the First Division remodelled for use and used as

 

 

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1  motor vehicles of the Second Division, and those motor
2  vehicles of the First Division used and registered as school
3  buses.
4  (Source: P.A. 92-812, eff. 8-21-02.)
5  (625 ILCS 5/11-1005.2 new)
6  Sec. 11-1005.2. Personal delivery devices. A personal
7  delivery device upon a sidewalk or roadway has all the rights
8  and is subject to all the duties applicable to a pedestrian,
9  except that a personal delivery device shall not unreasonably
10  interfere with any pedestrian or traffic and shall yield the
11  right-of-way to a pedestrian on the sidewalk or crosswalk.
12  (625 ILCS 5/11-1412.4 new)
13  Sec. 11-1412.4. Personal delivery devices.
14  (a) Notwithstanding any other provision of law, a personal
15  delivery device shall be authorized to operate on any
16  sidewalk, crosswalk, or public roadway or highway in the State
17  if the personal delivery device:
18  (1) is equipped with a system that enables the
19  personal delivery device to come to a controlled stop;
20  (2) has the capability of operating in a manner that
21  complies with the pedestrians' rights and duties under
22  Article X of Chapter 11, unless the provision cannot by
23  its nature apply to the personal delivery device;
24  (3) does not unreasonably interfere with motor

 

 

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1  vehicles or traffic or otherwise block any right-of-way
2  under the jurisdiction and control of the State or any
3  local authority;
4  (4) operates at a speed not exceeding 10 miles per
5  hour on a sidewalk or crosswalk;
6  (5) is not used to transport hazardous materials:
7  (A) in a type and quantity for which placards are
8  required in accordance with the Hazardous Materials
9  Regulations prescribed by the United States Department
10  of Transportation, Title 49 CFR Part 172, Subpart F,
11  or compatible rules adopted by the Department of
12  Transportation; or
13  (B) that may pose an unreasonable risk to health,
14  safety, or performance when transported in commerce;
15  and
16  (6) includes a unique identifying number and a means
17  of identifying the personal delivery device operator.
18  (b) A personal delivery device shall have all the rights
19  and duties applicable to a pedestrian under the same
20  circumstances.
21  A personal delivery device shall not be deemed a motor
22  vehicle or a vehicle under this Code or any other law, rule, or
23  regulation of the State or any local authority.
24  A personal delivery device shall be exempt from all
25  vehicle or motor vehicle registration requirements under this
26  Code or any other law, rule, or regulation of the State or any

 

 

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1  local authority.
2  (c) A personal delivery device operator shall maintain an
3  insurance policy that provides general liability coverage of
4  at least $100,000 for damages arising from the combined
5  operations of any personal delivery devices under the personal
6  delivery device operator's control.
7  (d) Except as expressly provided in this Section, local
8  authorities shall not enact or enforce a rule, regulation,
9  ordinance, or resolution relating to the following:
10  (1) design, manufacture, or maintenance of a personal
11  delivery device;
12  (2) licensing, registration, or certification of a
13  personal delivery device;
14  (3) taxation of or the imposition of any assessment of
15  any fees or other charges upon a personal delivery device
16  or personal delivery device operator;
17  (4) insuring a personal delivery device;
18  (5) types of cargo that may be transported by a
19  personal delivery device; or
20  (6) operations of personal delivery devices.
21  A local authority may not prohibit the operation of a
22  personal delivery device but may reasonably restrict the
23  operation of a personal delivery device on a roadway or in a
24  pedestrian area in a manner consistent with this Section, as
25  long as the local authority gives the interested stake holder
26  an opportunity to be heard on matters pertaining to the

 

 

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1  restrictions being implemented.
2  A home rule unit may not regulate personal delivery
3  devices in a manner inconsistent with this Section. This
4  subsection is a limitation under subsection (i) of Section 6
5  of Article VII of the Illinois Constitution on the concurrent
6  exercise by home rule units of powers and functions exercised
7  by the State.

 

 

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