91st General Assembly
Status of HB2958
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GARRETT.

   20 ILCS 2705/2705-580 new                                                   
   625 ILCS 5/11-1429 new                                                      
   30 ILCS 805/8.24 new                                                        

        Amends the Illinois Vehicle Code.  Prohibits the use  of  vehicle      
   engine   compression   brakes,  commonly  known  as  jake  brakes,  in      
   residential areas of Lake County.  Provides that  the  new  provisions      
   constitute  minimum  requirements  for home rule units in the affected      
   counties.   Provides that any affected home rule  unit  may  enact  an      
   ordinance  prescribing  more stringent restrictions on the use of jake      
   brakes.  Amends the Department of Transportation Law.   Provides  that      
   the  Department  of Transportation shall adopt rules providing for the      
   content and placement of signs alerting motorists to the Vehicle  Code      
   provision  regarding  jake  brakes.     Amends the State Mandates Act.      
   Provides that the State is not required to reimburse the cost  of  the      
   required signs.                                                             
          FISCAL NOTE (Department of Transportation)                           
          Although the Department cannot estimate how many individual          
          residential areas will require signs along State highways in         
          Lake County, DOT estimates the cost of each individual sign to       
          be $90.                                                              
          HOME RULE NOTE (Dept. of Commerce and Community Affairs)             
          HB 2958 pre-empts home rule authority.                               
          STATE MANDATES NOTE (Dept. of Commerce and Community Affairs)        
          HB 2958 creates a service mandate for which 50% to 100% of the       
          increased costs to units of local gov't. is required under the       
          State Mandates Act. HB 2958 also amends the State Mandates Act       
          to avoid State reimbursement liability for any mandate created       
          by the bill.                                                         
        HOUSE AMENDMENT NO. 1.                                                 
          Deletes reference to:                                                
          30 ILCS 805/8.24 new                                                 
        Deletes everything. Reinserts the  Department  of  Transportation      
   Law  and  Illinois  Vehicle  Code  provisions  with  changes. Replaces      
   references  to  "jake  brakes"  with  references  to  "vehicle  engine      
   compression brakes". Deletes  language  limiting  application  of  the      
   provisions  to  Lake  County.  Provides that limitations on the use of      
   vehicle engine compression brakes are in  force  in  every  county  or      
   municipality  adopting  an  ordinance  to  that effect.  Provides that      
   these brakes may be applied in those areas only in an emergency,  when      
   necessary for the protection of persons or property. Provides that any      
   municipality  or  county  adopting  the  Vehicle  Code  provisions  by      
   ordinance shall notify the Department of Transportation to install the      
   necessary  signs.  Provides  that  the  municipality  or  county  must      
   reimburse  the Department for the cost of the signs. Provides that the      
   limitations do not apply to authorized emergency vehicles.                  
          STATE MANDATES NOTE, H-AM 1                                          
          (Department of Commerce and Community Affairs)                       
          HB 2958 (H-am 1) does not create a mandate under the State           
          Mandates Act.                                                        
          HOME RULE NOTE, H-AM 1                                               
          (Department of Commerce and Community Affairs)                       
          HB 2958 (H-am 1) states that its provisions are in force in          
          each county or municipality which adopts an ordinance to that        
          effect. The legislation does not contain language which              
          pre-empts home rule. Therefore, HB2958 (H-am 1) does not             
          pre-empt home rule authority.                                        
          FISCAL NOTE, H-AM 1 (Department of Transportation)                   
          The cost to the Department for installing and maintaining signs      
          along State Highways is unknown, as the Department cannot es-        
          timate how many communities will adopt such prohibitions. How-       
          ever, the cost of each individual sign is estimated to be $90.       
          STATE MANDATES NOTE, H-AM 2                                          
          (Department of Commerce and Community Affairs)                       
          Same as previous State mandates note, H-am 1.                        
          HOME RULE NOTE, H-AM 2                                               
          (Department of Commerce and Community Affairs)                       
          Same as previous home rule note, H-am 1.                             
          FISCAL NOTE, H-AM 2 (Department of Transportation)                   
          This legislation will have no fiscal impact on the State, as         
          the Department will be reimbursed for the cost of the signs          
          required under HB2958 (H-am 2).                                      
        HOUSE AMENDMENT NO. 2.                                                 
          Deletes reference to:                                                
          30 ILCS 805/8.24 new                                                 
        Deletes everything. Reinserts the Transportation Law and Illinois      
   Vehicle Code provisions of the amended  bill  with  changes.  Provides      
   that any municipality or county may adopt an ordinance restricting the      
   use  of  any  vehicle  engine compression brake in a residential area,      
   unless the vehicle engine compression brake is applied in an emergency      
   and is necessary for the protection of persons or property.                 
   99-11-18  H  FILED WITH CLERK                                               
   99-11-18  H  FIRST READING                                                  
   99-11-18  H  REFERRED TO HOUSE RULES COMMITTEE        RULES                 
   00-01-13  H       ASSIGNED TO COMMITTEE               TRANSPORAT'N          
   00-02-01  H                         FISCAL NOTE FILED                       
   00-02-01  H                   COMMITTEE               TRANSPORAT'N          
   00-02-03  H  HOME RULE NOTE FILED                                           
   00-02-03  H  STATE MANDATES FISCAL NOTE FILED                               
   00-02-03  H                   COMMITTEE               TRANSPORAT'N          
   00-02-08  H                             AMENDMENT NO. 01-TRANSPORTAT'N H    
   00-02-08  H                                   ADOPTED                       
   00-02-08  H  DO PASS AS AMENDED/STANDARD DEBATE       015-013-001   HTRN    
   00-02-08  H  PLACED CAL 2ND READING-STANDARD DEBATE                         
   00-02-09  H  FISCAL NOTE REQUESTED AS AMENDED         BLACK                 
   00-02-09  H  STATE MNDT FISCAL NOTE RQSTD AS AMENDED  BLACK                 
   00-02-09  H  HOME RULE NOTE REQUESTED AS AMENDED      BLACK                 
   00-02-09  H  SECOND READING-STANDARD DEBATE                                 
   00-02-09  H  HELD CAL ORDER 2ND READING-STANDARD DBT                        
   00-02-15  H  STATE MNDT FISCAL NOTE FILED AS AMENDED  BY HOUSE AMEND #1     
   00-02-15  H  HOME RULE NOTE FILED AS AMENDED          BY HOUSE AMEND #1     
   00-02-15  H  HELD CAL ORDER 2ND READING-STANDARD DBT                        
   00-02-22  H  FISCAL NOTE FILED AS AMENDED             BY HOUSE AMEND #1     
   00-02-22  H  HELD CAL ORDER 2ND READING-STANDARD DBT                        
   00-02-23  H                             AMENDMENT NO. 02-GARRETT            
   00-02-23  H                     AMENDMENT REFERRED TO HRUL                  
   00-02-23  H  HELD CAL ORDER 2ND READING-STANDARD DBT                        
   00-02-24  H  FISCAL NOTE REQUESTED AS AMENDED         BY HA #2/BLACK        
   00-02-24  H  STATE MNDT FISCAL NOTE RQSTD AS AMENDED  BY HA #2/BLACK        
   00-02-24  H  HOME RULE NOTE REQUESTED AS AMENDED      BY HA #2/BLACK        
   00-02-24  H                             AMENDMENT NO. 02-GARRETT            
   00-02-24  H  RECOMMENDS BE ADOPTED                    HRUL/004-000-000      
   00-02-24  H  HELD CAL ORDER 2ND READING-STANDARD DBT                        
   00-02-29  H  STATE MNDT FISCAL NOTE FILED AS AMENDED  BY HOUSE AMEND #2     
   00-02-29  H  HOME RULE NOTE FILED AS AMENDED          BY HOUSE AMEND #2     
   00-02-29  H  FISCAL NOTE FILED AS AMENDED             BY HOUSE AMEND #2     
   00-02-29  H  HELD CAL ORDER 2ND READING-STANDARD DBT                        
   00-03-01  H                             AMENDMENT NO. 02-GARRETT            
   00-03-01  H                                   ADOPTED                       
   00-03-01  H  PLCD CAL ORDER 3RD READING-STNDRD DEBATE                       
   00-03-02  H  THIRD READING - CONSIDERATION POSTPONED                        
   00-03-02  H  PLACED CALENDAR-CONSIDERATION POSTPONED                        
   00-03-03  H  RE-REFERRED TO RULES COMM/RULE 19(A)     RULES         HRUL    
   01-01-09  H  SESSION SINE DIE                                               

   END OF INQUIRY 



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