103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB2980

 

Introduced 2/16/2023, by Rep. Randy E. Frese

 

SYNOPSIS AS INTRODUCED:
 
625 ILCS 5/3-412  from Ch. 95 1/2, par. 3-412
625 ILCS 5/3-413  from Ch. 95 1/2, par. 3-413
625 ILCS 5/3-806  from Ch. 95 1/2, par. 3-806
625 ILCS 5/3-806.1  from Ch. 95 1/2, par. 3-806.1
625 ILCS 5/3-806.5
625 ILCS 5/11-1426.1

    Amends the Illinois Vehicle Code. Provides that the Secretary of State may issue registration plates for all-terrain vehicles and recreational off-highway vehicles. Prescribes placement of registration plates on the rear of all-terrain and recreational off-highway vehicles. Provides registration fees and surcharges. Provides that all-terrain vehicles and recreational off-highway vehicles may be operated on rural roads. Limits home rule powers with respect to the discretion of a municipality, township, county, or other unit of local government to regulate the usage of all-terrain vehicles and recreational off-highway vehicles on roads under their jurisdiction. Effective immediately.


LRB103 27352 MXP 53724 b

 

 

A BILL FOR

 

HB2980LRB103 27352 MXP 53724 b

1    AN ACT concerning transportation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Vehicle Code is amended by
5changing Sections 3-412, 3-413, 3-806, 3-806.1, 3-806.5, and
611-1426.1 as follows:
 
7    (625 ILCS 5/3-412)  (from Ch. 95 1/2, par. 3-412)
8    Sec. 3-412. Registration plates or digital registration
9plates and registration stickers or digital registration
10stickers to be furnished by the Secretary of State.
11    (a) The Secretary of State upon registering a vehicle
12subject to annual registration for the first time shall issue
13or shall cause to be issued to the owner one registration plate
14or digital registration plate for a motorcycle, trailer,
15semitrailer, moped, autocycle, all-terrain vehicle,
16recreational off-highway vehicle, or truck-tractor, 2
17registration plates, or a digital registration plate and metal
18plate as set forth in Section 3-401.5, for other motor
19vehicles and, where applicable, current registration stickers
20or digital registration stickers for motor vehicles of the
21first division. The provisions of this Section may be made
22applicable to such vehicles of the second division, as the
23Secretary of State may, from time to time, in his discretion

 

 

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

 

 

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

 

 

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1    (f) The Secretary of State shall issue for every
2motorcycle distinctive registration plates or digital
3registration plates distinguishing between motorcycles having
4150 or more cubic centimeters piston displacement, or having
5less than 150 cubic centimeter piston displacement.
6    (g) Registration plates or digital registration plates
7issued to vehicles for-hire may display a designation as
8determined by the Secretary that such vehicles are for-hire.
9    (h) (Blank).
10    (i) The Secretary of State shall issue for every public
11and private ambulance registration plates or digital
12registration plates identifying the vehicle as an ambulance.
13The Secretary shall forward to the Department of Healthcare
14and Family Services registration information for the purpose
15of verification of claims filed with the Department by
16ambulance owners for payment for services to public assistance
17recipients.
18    (j) The Secretary of State shall issue for every public
19and private medical carrier or rescue vehicle livery
20registration plates or digital registration plates displaying
21numbers within ranges of numbers reserved respectively for
22medical carriers and rescue vehicles. The Secretary shall
23forward to the Department of Healthcare and Family Services
24registration information for the purpose of verification of
25claims filed with the Department by owners of medical carriers
26or rescue vehicles for payment for services to public

 

 

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1assistance recipients.
2    (k) The Secretary of State shall issue distinctive license
3plates or digital registration plates or distinctive license
4plate stickers or digital registration stickers for every
5vehicle exempted from subsections (a) and (a-5) of Section
612-503 by subsection (g) of that Section, and by subsection
7(g-5) of that Section before its deletion by this amendatory
8Act of the 95th General Assembly. The Secretary shall issue
9these plates or stickers immediately upon receiving the
10physician's certification required under subsection (g) of
11Section 12-503. New plates or stickers shall also be issued
12when the certification is renewed as provided in that
13subsection.
14    (l) The Secretary of State shall issue distinctive
15registration plates or digital registration plates for
16low-speed vehicles.
17    (m) The Secretary of State shall issue distinctive
18registration plates or digital registration plates for
19autocycles. The dimensions of the plate issued to autocycles
20shall be 4 by 7 inches.
21    (n) The Secretary of State shall issue distinctive
22registration plates for all-terrain vehicles and recreational
23off-highway vehicles. The dimensions of the plate issued to
24all-terrain vehicles and recreational off-highway vehicles
25shall be 4 by 7 inches.
26(Source: P.A. 101-395, eff. 8-16-19.)
 

 

 

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1    (625 ILCS 5/3-413)  (from Ch. 95 1/2, par. 3-413)
2    Sec. 3-413. Display of registration plates or digital
3registration plates, registration stickers or digital
4registration stickers, and drive-away permits; registration
5plate or digital registration plate covers.
6    (a) Registration plates or digital registration plates
7issued for a motor vehicle other than a motorcycle, autocycle,
8trailer, semitrailer, truck-tractor, all-terrain vehicle,
9recreational off-highway vehicle, apportioned bus, or
10apportioned truck shall be attached thereto, one in the front
11and one in the rear. The registration plate or digital
12registration plate issued for a motorcycle, autocycle,
13all-terrain vehicle, recreational off-highway vehicle, trailer
14or semitrailer required to be registered hereunder and any
15apportionment plate issued to a bus under the provisions of
16this Code shall be attached to the rear thereof. The
17registration plate or digital registration plate issued for a
18truck-tractor or an apportioned truck required to be
19registered hereunder shall be attached to the front thereof.
20    (b) Except for vehicles with rear loaded motorized
21forklifts, every registration plate or digital registration
22plate shall at all times be securely fastened in a horizontal
23position to the vehicle for which it is issued so as to prevent
24the plate from swinging and at a height of not less than 5
25inches from the ground, measuring from the bottom of such

 

 

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

 

 

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1    (e) The registration plate or digital registration plate
2issued for a camper body mounted on a truck displaying
3registration plates or digital registration plates shall be
4attached to the rear of the camper body.
5    (f) No person shall operate a vehicle, nor permit the
6operation of a vehicle, upon which is displayed an Illinois
7registration plate or plates or digital registration plate or
8plates or registration stickers or digital registration
9stickers, except as provided for in subsection (b) of Section
103-701 of this Code, after the termination of the registration
11period for which issued or after the expiration date set
12pursuant to Sections 3-414 and 3-414.1 of this Code.
13    (g) A person may not operate any motor vehicle that is
14equipped with registration plate or digital registration plate
15covers. A violation of this subsection (g) or a similar
16provision of a local ordinance is an offense against laws and
17ordinances regulating the movement of traffic.
18    (h) A person may not sell or offer for sale a registration
19plate or digital registration plate cover. A violation of this
20subsection (h) is a business offense.
21    (i) A person may not advertise for the purpose of
22promoting the sale of registration plate or digital
23registration plate covers. A violation of this subsection (i)
24is a business offense.
25    (j) A person may not modify the original manufacturer's
26mounting location of the rear registration plate or digital

 

 

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1registration plate on any vehicle so as to conceal the
2registration or to knowingly cause it to be obstructed in an
3effort to hinder a peace officer from obtaining the
4registration for the enforcement of a violation of this Code,
5Section 27.1 of the Toll Highway Act concerning toll evasion,
6or any municipal ordinance. Modifications prohibited by this
7subsection (j) include but are not limited to the use of an
8electronic device. A violation of this subsection (j) is a
9Class A misdemeanor.
10(Source: P.A. 101-395, eff. 8-16-19.)
 
11    (625 ILCS 5/3-806)  (from Ch. 95 1/2, par. 3-806)
12    Sec. 3-806. Registration Fees; Motor Vehicles of the First
13Division. Every owner of any other motor vehicle of the first
14division, except as provided in Sections 3-804, 3-804.01,
153-804.3, 3-805, 3-806.3, 3-806.7, and 3-808, and every second
16division vehicle weighing 8,000 pounds or less, shall pay the
17Secretary of State an annual registration fee at the following
18rates:
 
19SCHEDULE OF REGISTRATION FEES
20REQUIRED BY LAW
21Beginning with the 2021 registration year
22Annual Fee
23Motor vehicles of the first division other
24than Autocycles, Motorcycles, Motor

 

 

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

 

 

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

 

 

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1autocycle, all-terrain vehicle, recreational off-highway
2vehicle, or motorcycle. In addition to the regular renewal fee
3or electric vehicle registration renewal fee, an applicant for
4a vanity plate, other than a vanity plate in any military
5series or a vanity plate issued under Section 3-664, shall be
6charged $13 for the renewal of each set of vanity license
7plates. There shall be no additional fees for a vanity license
8plate in any military series of plates or a vanity plate issued
9under Section 3-664.
10(Source: P.A. 102-154, eff. 1-1-22.)
 
11    (625 ILCS 5/3-806.5)
12    Sec. 3-806.5. Additional fees for personalized license
13plates. For registration periods commencing after December 31,
142003, in addition to the regular registration fee or electric
15vehicle registration fee, an applicant for a personalized
16license plate, other than a personalized plate in any military
17series or a personalized plate issued under Section 3-664,
18shall be charged $47 for each set of personalized license
19plates issued to a vehicle of the first division or a vehicle
20of the second division registered at not more than 8,000
21pounds or to a recreational vehicle and $25 for each set of
22personalized plates issued to an autocycle, all-terrain
23vehicle, recreational off-highway vehicle, or motorcycle. In
24addition to the regular renewal fee or electric vehicle
25registration renewal fee, an applicant for a personalized

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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