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92_HB5610gms
STATE OF ILLINOIS
OFFICE OF THE GOVERNOR
SPRINGFIELD, 62706
GEORGE H. RYAN
GOVERNOR
August 16, 2002
To the Honorable Members of the
Illinois House of Representatives
92nd General Assembly
Pursuant to the authority vested in the Governor by
Article IV, Section 9(e) of the Illinois Constitution of
1970, and re-affirmed by the People of the State of Illinois
by popular referendum in 1974, and conforming to the standard
articulated by the Illinois Supreme Court in People ex Rel.
Klinger v. Howlett, 50 Ill. 2d 242 (1972), Continental
Illinois National Bank and Trust Co. v. Zagel, 78 Ill. 2d 387
(1979), People ex Rel. City of Canton v. Crouch, 79 Ill. 2d
356 (1980), and County of Kane v. Carlson, 116 Ill. 2d 186
(1987), that gubernatorial action be consistent with the
fundamental purposes and the intent of the bill, I hereby
return House Bill 5610 entitled "AN ACT in relation to
vehicles," with my specific recommendation for change.
House Bill 5610 provides an exemption to the Illinois
Vehicle Code, which currently prohibits driving on sidewalks,
to allow the use of electric personal assistive mobility
devices on sidewalks in Illinois. By removing state
restrictions against the use of the electric personal
assistive mobility devices on sidewalks, HB 5610 provides a
framework in which these devices may be used on sidewalks in
Illinois. However, since HB 5610 does not specifically defer
to local regulation, HB 5610 effectively mandates that the
use of electric personal assistive mobility devices be
allowed throughout the state. This is inconsistent with
current practice for the use of roller blades, bicycles, etc.
and unnecessarily supercedes local control over sidewalk use.
From the House and Senate floor debate it is clear that the
legislature did not intend to preclude or pre-empt Home Rule
powers, but merely intended to remove state restrictions
against use of electric personal assistive mobility devices
on sidewalks. It is essential that the State preserve local
communities' right to permit, restrict, or prohibit the use
of such devices as they deem appropriate in their respective
communities.
For this reason, I hereby return House Bill 5610 with the
following recommendation for change:
on page 1, line 6, by replacing "Section" with "Sections
11-208.2 and "; and
on page 1, by inserting between lines 12 and 13 the
following:
"(625 ILCS 5/11-208.2)
Sec. 11-208.2. Limitation on home rule units. The
provisions of this Chapter of this Act limit the authority of
home rule units to adopt local police regulations
inconsistent herewith except pursuant to Sections 11-208, and
11-209, 11-1005.1, 11-1412.1, and 11-1412.2 of this Chapter
of this Act."; and
on page 1, line 18, by inserting after the period the
following:
"Nothing in this Section shall be deemed to limit or preempt
the authority of any home rule or non-home rule unit of local
government from regulating or prohibiting the use of electric
personal assistive mobility devices."; and
on page 1, line 25 by inserting after the period the
following:
">Nothing in this Section shall be deemed to limit or preempt
the authority of any home rule or non-home rule unit of local
government from regulating or prohibiting the use of electric
personal assistive mobility devices."; and
on page 2, line 2, by inserting "device" after "mobility";
and
on page 2, line 3, by inserting after the period the
following:
"Nothing in this Section shall be deemed to limit or preempt
the authority of any home rule or non-home rule unit of local
government from regulating or prohibiting the use of electric
personal assistive mobility devices.".
With these changes, House Bill 5610 will have my
approval. I respectfully request your concurrence.
Sincerely,
s/GEORGE H. RYAN
Governor