Illinois General Assembly - Full Text of HB4764
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Full Text of HB4764  102nd General Assembly

HB4764 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB4764

 

Introduced 1/27/2022, by Rep. Deanne M. Mazzochi

 

SYNOPSIS AS INTRODUCED:
 
625 ILCS 5/11-208  from Ch. 95 1/2, par. 11-208

    Amends the Illinois Vehicle Code. Provides that, for a period of one year after the effective date of the amendatory Act, no unit of local government, including a home rule unit, may enact or enforce an ordinance that restricts the operation of delivery trucks to certain times of the day. Provides that a unit of local government may regulate delivery trucks for traffic control purposes or in accordance with the Sections of the Code concerning mufflers, the prevention of noise, and engine braking. Limits home rule powers. Effective immediately.


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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,
3represented in the General Assembly:
 
4    Section 5. The Illinois Vehicle Code is amended by
5changing Section 11-208 as follows:
 
6    (625 ILCS 5/11-208)   (from Ch. 95 1/2, par. 11-208)
7    Sec. 11-208. Powers of local authorities.
8    (a) The provisions of this Code shall not be deemed to
9prevent local authorities with respect to streets and highways
10under their jurisdiction and within the reasonable exercise of
11the police power from:
12        1. Regulating the standing or parking of vehicles,
13    except as limited by Sections 11-1306 and 11-1307 of this
14    Act;
15        2. Regulating traffic by means of police officers or
16    traffic control signals;
17        3. Regulating or prohibiting processions or
18    assemblages on the highways; and certifying persons to
19    control traffic for processions or assemblages;
20        4. Designating particular highways as one-way highways
21    and requiring that all vehicles thereon be moved in one
22    specific direction;
23        5. Regulating the speed of vehicles in public parks

 

 

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1    subject to the limitations set forth in Section 11-604;
2        6. Designating any highway as a through highway, as
3    authorized in Section 11-302, and requiring that all
4    vehicles stop before entering or crossing the same or
5    designating any intersection as a stop intersection or a
6    yield right-of-way intersection and requiring all vehicles
7    to stop or yield the right-of-way at one or more entrances
8    to such intersections;
9        7. Restricting the use of highways as authorized in
10    Chapter 15;
11        8. Regulating the operation of mobile carrying
12    devices, bicycles, low-speed electric bicycles, and
13    low-speed gas bicycles, and requiring the registration and
14    licensing of same, including the requirement of a
15    registration fee;
16        9. Regulating or prohibiting the turning of vehicles
17    or specified types of vehicles at intersections;
18        10. Altering the speed limits as authorized in Section
19    11-604;
20        11. Prohibiting U-turns;
21        12. Prohibiting pedestrian crossings at other than
22    designated and marked crosswalks or at intersections;
23        13. Prohibiting parking during snow removal operation;
24        14. Imposing fines in accordance with Section
25    11-1301.3 as penalties for use of any parking place
26    reserved for persons with disabilities, as defined by

 

 

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1    Section 1-159.1, or veterans with disabilities by any
2    person using a motor vehicle not bearing registration
3    plates specified in Section 11-1301.1 or a special decal
4    or device as defined in Section 11-1301.2 as evidence that
5    the vehicle is operated by or for a person with
6    disabilities or a veteran with a disability;
7        15. Adopting such other traffic regulations as are
8    specifically authorized by this Code; or
9        16. Enforcing the provisions of subsection (f) of
10    Section 3-413 of this Code or a similar local ordinance.
11    (b) No ordinance or regulation enacted under paragraph 1,
124, 5, 6, 7, 9, 10, 11 or 13 of subsection (a) shall be
13effective until signs giving reasonable notice of such local
14traffic regulations are posted.
15    (c) The provisions of this Code shall not prevent any
16municipality having a population of 500,000 or more
17inhabitants from prohibiting any person from driving or
18operating any motor vehicle upon the roadways of such
19municipality with headlamps on high beam or bright.
20    (d) The provisions of this Code shall not be deemed to
21prevent local authorities within the reasonable exercise of
22their police power from prohibiting, on private property, the
23unauthorized use of parking spaces reserved for persons with
24disabilities.
25    (e) No unit of local government, including a home rule
26unit, may enact or enforce an ordinance that applies only to

 

 

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1motorcycles if the principal purpose for that ordinance is to
2restrict the access of motorcycles to any highway or portion
3of a highway for which federal or State funds have been used
4for the planning, design, construction, or maintenance of that
5highway. No unit of local government, including a home rule
6unit, may enact an ordinance requiring motorcycle users to
7wear protective headgear. Nothing in this subsection (e) shall
8affect the authority of a unit of local government to regulate
9motorcycles for traffic control purposes or in accordance with
10Section 12-602 of this Code. No unit of local government,
11including a home rule unit, may regulate motorcycles in a
12manner inconsistent with this Code. This subsection (e) is a
13limitation under subsection (i) of Section 6 of Article VII of
14the Illinois Constitution on the concurrent exercise by home
15rule units of powers and functions exercised by the State.
16    (e-5) The City of Chicago may enact an ordinance providing
17for a noise monitoring system upon any portion of the roadway
18known as Lake Shore Drive. Twelve months after the
19installation of the noise monitoring system, and any time
20after the first report as the City deems necessary, the City of
21Chicago shall prepare a noise monitoring report with the data
22collected from the system and shall, upon request, make the
23report available to the public. For purposes of this
24subsection (e-5), "noise monitoring system" means an automated
25noise monitor capable of recording noise levels 24 hours per
26day and 365 days per year with computer equipment sufficient

 

 

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1to process the data.
2    (e-10) A unit of local government, including a home rule
3unit, may not enact an ordinance prohibiting the use of
4Automated Driving System equipped vehicles on its roadways.
5Nothing in this subsection (e-10) shall affect the authority
6of a unit of local government to regulate Automated Driving
7System equipped vehicles for traffic control purposes. No unit
8of local government, including a home rule unit, may regulate
9Automated Driving System equipped vehicles in a manner
10inconsistent with this Code. For purposes of this subsection
11(e-10), "Automated Driving System equipped vehicle" means any
12vehicle equipped with an Automated Driving System of hardware
13and software that are collectively capable of performing the
14entire dynamic driving task on a sustained basis, regardless
15of whether it is limited to a specific operational domain.
16This subsection (e-10) is a limitation under subsection (i) of
17Section 6 of Article VII of the Illinois Constitution on the
18concurrent exercise by home rule units of powers and functions
19exercised by the State.
20    (f) A municipality or county designated in Section
2111-208.6 may enact an ordinance providing for an automated
22traffic law enforcement system to enforce violations of this
23Code or a similar provision of a local ordinance and imposing
24liability on a registered owner or lessee of a vehicle used in
25such a violation.
26    (g) A municipality or county, as provided in Section

 

 

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111-1201.1, may enact an ordinance providing for an automated
2traffic law enforcement system to enforce violations of
3Section 11-1201 of this Code or a similar provision of a local
4ordinance and imposing liability on a registered owner of a
5vehicle used in such a violation.
6    (h) A municipality designated in Section 11-208.8 may
7enact an ordinance providing for an automated speed
8enforcement system to enforce violations of Article VI of
9Chapter 11 of this Code or a similar provision of a local
10ordinance.
11    (i) A municipality or county designated in Section
1211-208.9 may enact an ordinance providing for an automated
13traffic law enforcement system to enforce violations of
14Section 11-1414 of this Code or a similar provision of a local
15ordinance and imposing liability on a registered owner or
16lessee of a vehicle used in such a violation.
17    (j) No unit of local government, including a home rule
18unit, may enact or enforce an ordinance that restricts the
19operation of delivery trucks to certain times of the day.
20Nothing in this subsection shall affect the authority of a
21unit of local government to regulate delivery trucks for
22traffic control purposes or in accordance with Section 12-602
23or 12-602.1. No unit of local government, including a home
24rule unit, may regulate delivery trucks in a manner
25inconsistent with this Code. This subsection is a limitation
26under subsection (i) of Section 6 of Article VII of the

 

 

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1Illinois Constitution on the concurrent exercise by home rule
2units of powers and functions exercised by the State.
3    This subsection is repealed one year after the effective
4date of this amendatory Act of the 102nd General Assembly.
5(Source: P.A. 100-209, eff. 1-1-18; 100-257, eff. 8-22-17;
6100-352, eff. 6-1-18; 100-863, eff. 8-14-18; 101-123, eff.
77-26-19.)
 
8    Section 99. Effective date. This Act takes effect upon
9becoming law.