Illinois General Assembly - Full Text of SB1960
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Full Text of SB1960  103rd General Assembly



SB1960 EnrolledLRB103 26928 MXP 53292 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 3-102, 3-402, and 6-102 and by adding
6Sections 1-140.11 and 11-1518 as follows:
7    (625 ILCS 5/1-140.11 new)
8    Sec. 1-140.11. Low-speed electric scooter. A device
9weighing less than 100 pounds, with 2 or 3 wheels, handlebars,
10and a floorboard that can be stood upon while riding, that is
11solely powered by an electric motor and human power, and whose
12maximum speed, with or without human propulsion, is no more
13than 10 miles per hour. "Low-speed electric scooter" does not
14include a moped or motor-driven cycle.
15    (625 ILCS 5/3-102)  (from Ch. 95 1/2, par. 3-102)
16    Sec. 3-102. Exclusions. No certificate of title need be
17obtained for:
18        1. a vehicle owned by the State of Illinois; or a
19    vehicle owned by the United States unless it is registered
20    in this State;
21        2. a vehicle owned by a manufacturer or dealer and
22    held for sale, even though incidentally moved on the



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1    highway or used for purposes of testing or demonstration,
2    provided a dealer reassignment area is still available on
3    the manufacturer's certificate of origin or the Illinois
4    title; or a vehicle used by a manufacturer solely for
5    testing;
6        3. a vehicle owned by a non-resident of this State and
7    not required by law to be registered in this State;
8        4. a motor vehicle regularly engaged in the interstate
9    transportation of persons or property for which a
10    currently effective certificate of title has been issued
11    in another State;
12        5. a vehicle moved solely by animal power;
13        6. an implement of husbandry;
14        7. special mobile equipment;
15        8. an apportionable trailer or an apportionable
16    semitrailer registered in the State prior to April 1,
17    1998;
18        9. a manufactured home for which an affidavit of
19    affixation has been recorded pursuant to the Conveyance
20    and Encumbrance of Manufactured Homes as Real Property and
21    Severance Act unless with respect to the same manufactured
22    home there has been recorded an affidavit of severance
23    pursuant to that Act; .
24        10. low-speed electric scooters.
25(Source: P.A. 98-749, eff. 7-16-14; 99-78, eff. 7-20-15.)



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1    (625 ILCS 5/3-402)  (from Ch. 95 1/2, par. 3-402)
2    Sec. 3-402. Vehicles subject to registration; exceptions.
3    A. Exemptions and Policy. Every motor vehicle, trailer,
4semitrailer and pole trailer when driven or moved upon a
5highway shall be subject to the registration and certificate
6of title provisions of this Chapter except:
7        (1) Any such vehicle driven or moved upon a highway in
8    conformance with the provisions of this Chapter relating
9    to manufacturers, transporters, dealers, lienholders or
10    nonresidents or under a temporary registration permit
11    issued by the Secretary of State;
12        (2) Any implement of husbandry whether of a type
13    otherwise subject to registration hereunder or not which
14    is only incidentally operated or moved upon a highway,
15    which shall include a not-for-hire movement for the
16    purpose of delivering farm commodities to a place of first
17    processing or sale, or to a place of storage;
18        (3) Any special mobile equipment as herein defined;
19        (4) Any vehicle which is propelled exclusively by
20    electric power obtained from overhead trolley wires though
21    not operated upon rails;
22        (5) Any vehicle which is equipped and used exclusively
23    as a pumper, ladder truck, rescue vehicle, searchlight
24    truck, or other fire apparatus, but not a vehicle of a type
25    which would otherwise be subject to registration as a
26    vehicle of the first division;



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1        (6) Any vehicle which is owned and operated by the
2    federal government and externally displays evidence of
3    federal ownership. It is the policy of the State of
4    Illinois to promote and encourage the fullest use of its
5    highways and to enhance the flow of commerce thus
6    contributing to the economic, agricultural, industrial and
7    social growth and development of this State, by
8    authorizing the Secretary of State to negotiate and enter
9    into reciprocal or proportional agreements or arrangements
10    with other States, or to issue declarations setting forth
11    reciprocal exemptions, benefits and privileges with
12    respect to vehicles operated interstate which are properly
13    registered in this and other States, assuring nevertheless
14    proper registration of vehicles in Illinois as may be
15    required by this Code;
16        (7) Any converter dolly or tow dolly which merely
17    serves as substitute wheels for another legally licensed
18    vehicle. A title may be issued on a voluntary basis to a
19    tow dolly upon receipt of the manufacturer's certificate
20    of origin or the bill of sale;
21        (8) Any house trailer found to be an abandoned mobile
22    home under the Abandoned Mobile Home Act;
23        (9) Any vehicle that is not properly registered or
24    does not have registration plates or digital registration
25    plates issued to the owner or operator affixed thereto, or
26    that does have registration plates or digital registration



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1    plates issued to the owner or operator affixed thereto but
2    the plates are not appropriate for the weight of the
3    vehicle, provided that this exemption shall apply only
4    while the vehicle is being transported or operated by a
5    towing service and has a third tow plate affixed to it; .
6        (10) Low-speed electric scooters.
7    B. Reciprocity. Any motor vehicle, trailer, semitrailer or
8pole trailer need not be registered under this Code provided
9the same is operated interstate and in accordance with the
10following provisions and any rules and regulations promulgated
11pursuant thereto:
12        (1) A nonresident owner, except as otherwise provided
13    in this Section, owning any foreign registered vehicle of
14    a type otherwise subject to registration hereunder, may
15    operate or permit the operation of such vehicle within
16    this State in interstate commerce without registering such
17    vehicle in, or paying any fees to, this State subject to
18    the condition that such vehicle at all times when operated
19    in this State is operated pursuant to a reciprocity
20    agreement, arrangement or declaration by this State, and
21    further subject to the condition that such vehicle at all
22    times when operated in this State is duly registered in,
23    and displays upon it, a valid registration card and
24    registration plate or plates or digital registration plate
25    or plates issued for such vehicle in the place of
26    residence of such owner and is issued and maintains in



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1    such vehicle a valid Illinois reciprocity permit as
2    required by the Secretary of State, and provided like
3    privileges are afforded to residents of this State by the
4    State of residence of such owner.
5        Every nonresident including any foreign corporation
6    carrying on business within this State and owning and
7    regularly operating in such business any motor vehicle,
8    trailer or semitrailer within this State in intrastate
9    commerce, shall be required to register each such vehicle
10    and pay the same fees therefor as is required with
11    reference to like vehicles owned by residents of this
12    State.
13        (2) Any motor vehicle, trailer, semitrailer and pole
14    trailer operated interstate need not be registered in this
15    State, provided:
16            (a) that the vehicle is properly registered in
17        another State pursuant to law or to a reciprocity
18        agreement, arrangement or declaration; or
19            (b) that such vehicle is part of a fleet of
20        vehicles owned or operated by the same person who
21        registers such fleet of vehicles pro rata among the
22        various States in which such fleet operates; or
23            (c) that such vehicle is part of a fleet of
24        vehicles, a portion of which are registered with the
25        Secretary of State of Illinois in accordance with an
26        agreement or arrangement concurred in by the Secretary



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1        of State of Illinois based on one or more of the
2        following factors: ratio of miles in Illinois as
3        against total miles in all jurisdictions; situs or
4        base of a vehicle, or where it is principally garaged,
5        or from whence it is principally dispatched or where
6        the movements of such vehicle usually originate; situs
7        of the residence of the owner or operator thereof, or
8        of his principal office or offices, or of his places of
9        business; the routes traversed and whether regular or
10        irregular routes are traversed, and the jurisdictions
11        traversed and served; and such other factors as may be
12        deemed material by the Secretary and the motor vehicle
13        administrators of the other jurisdictions involved in
14        such apportionment. Such vehicles shall maintain
15        therein any reciprocity permit which may be required
16        by the Secretary of State pursuant to rules and
17        regulations which the Secretary of State may
18        promulgate in the administration of this Code, in the
19        public interest.
20        (3)(a) In order to effectuate the purposes of this
21    Code, the Secretary of State of Illinois is empowered to
22    negotiate and execute written reciprocal agreements or
23    arrangements with the duly authorized representatives of
24    other jurisdictions, including States, districts,
25    territories and possessions of the United States, and
26    foreign states, provinces, or countries, granting to



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1    owners or operators of vehicles duly registered or
2    licensed in such other jurisdictions and for which
3    evidence of compliance is supplied, benefits, privileges
4    and exemption from the payment, wholly or partially, of
5    any taxes, fees or other charges imposed with respect to
6    the ownership or operation of such vehicles by the laws of
7    this State except the tax imposed by the Motor Fuel Tax
8    Law, approved March 25, 1929, as amended, and the tax
9    imposed by the Use Tax Act, approved July 14, 1955, as
10    amended.
11        The Secretary of State may negotiate agreements or
12    arrangements as are in the best interests of this State
13    and the residents of this State pursuant to the policies
14    expressed in this Section taking into consideration the
15    reciprocal exemptions, benefits and privileges available
16    and accruing to residents of this State and vehicles
17    registered in this State.
18        (b) Such reciprocal agreements or arrangements shall
19    provide that vehicles duly registered or licensed in this
20    State when operated upon the highways of such other
21    jurisdictions, shall receive exemptions, benefits and
22    privileges of a similar kind or to a similar degree as
23    extended to vehicles from such jurisdictions in this
24    State.
25        (c) Such agreements or arrangements may also authorize
26    the apportionment of registration or licensing of fleets



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1    of vehicles operated interstate, based on any or all of
2    the following factors: ratio of miles in Illinois as
3    against total miles in all jurisdictions; situs or base of
4    a vehicle, or where it is principally garaged or from
5    whence it is principally dispatched or where the movements
6    of such vehicle usually originate; situs of the residence
7    of the owner or operator thereof, or of his principal
8    office or offices, or of his places of business; the
9    routes traversed and whether regular or irregular routes
10    are traversed, and the jurisdictions traversed and served;
11    and such other factors as may be deemed material by the
12    Secretary and the motor vehicle administrators of the
13    other jurisdictions involved in such apportionment, and
14    such vehicles shall likewise be entitled to reciprocal
15    exemptions, benefits and privileges.
16        (d) Such agreements or arrangements shall also provide
17    that vehicles being operated in intrastate commerce in
18    Illinois shall comply with the registration and licensing
19    laws of this State, except that vehicles which are part of
20    an apportioned fleet may conduct an intrastate operation
21    incidental to their interstate operations. Any motor
22    vehicle properly registered and qualified under any
23    reciprocal agreement or arrangement under this Code and
24    not having a situs or base within Illinois may complete
25    the inbound movement of a trailer or semitrailer to an
26    Illinois destination that was brought into Illinois by a



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1    motor vehicle also properly registered and qualified under
2    this Code and not having a situs or base within Illinois,
3    or may complete an outbound movement of a trailer or
4    semitrailer to an out-of-state destination that was
5    originated in Illinois by a motor vehicle also properly
6    registered and qualified under this Code and not having a
7    situs or base in Illinois, only if the operator thereof
8    did not break bulk of the cargo laden in such inbound or
9    outbound trailer or semitrailer. Adding or unloading
10    intrastate cargo on such inbound or outbound trailer or
11    semitrailer shall be deemed as breaking bulk.
12        (e) Such agreements or arrangements may also provide
13    for the determination of the proper State in which leased
14    vehicles shall be registered based on the factors set out
15    in subsection (c) above and for apportionment of
16    registration of fleets of leased vehicles by the lessee or
17    by the lessor who leases such vehicles to persons who are
18    not fleet operators.
19        (f) Such agreements or arrangements may also include
20    reciprocal exemptions, benefits or privileges accruing
21    under The Illinois Driver Licensing Law or The Driver
22    License Compact.
23        (4) The Secretary of State is further authorized to
24    examine the laws and requirements of other jurisdictions,
25    and, in the absence of a written agreement or arrangement,
26    to issue a written declaration of the extent and nature of



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1    the exemptions, benefits and privileges accorded to
2    vehicles of this State by such other jurisdictions, and
3    the extent and nature of reciprocal exemptions, benefits
4    and privileges thereby accorded by this State to the
5    vehicles of such other jurisdictions. A declaration by the
6    Secretary of State may include any, part or all reciprocal
7    exemptions, benefits and privileges or provisions as may
8    be included within an agreement or arrangement.
9        (5) All agreements, arrangements, declarations and
10    amendments thereto, shall be in writing and become
11    effective when signed by the Secretary of State, and
12    copies of all such documents shall be available to the
13    public upon request.
14        (6) The Secretary of State is further authorized to
15    require the display by foreign registered trucks,
16    truck-tractors and buses, entitled to reciprocal benefits,
17    exemptions or privileges hereunder, a reciprocity permit
18    for external display before any such reciprocal benefits,
19    exemptions or privileges are granted. The Secretary of
20    State shall provide suitable application forms for such
21    permit and shall promulgate and publish reasonable rules
22    and regulations for the administration and enforcement of
23    the provisions of this Code including a provision for
24    revocation of such permit as to any vehicle operated
25    wilfully in violation of the terms of any reciprocal
26    agreement, arrangement or declaration or in violation of



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1    the Illinois Motor Carrier of Property Law, as amended.
2        (7)(a) Upon the suspension, revocation or denial of
3    one or more of all reciprocal benefits, privileges and
4    exemptions existing pursuant to the terms and provisions
5    of this Code or by virtue of a reciprocal agreement or
6    arrangement or declaration thereunder; or, upon the
7    suspension, revocation or denial of a reciprocity permit;
8    or, upon any action or inaction of the Secretary in the
9    administration and enforcement of the provisions of this
10    Code, any person, resident or nonresident, so aggrieved,
11    may serve upon the Secretary, a petition in writing and
12    under oath, setting forth the grievance of the petitioner,
13    the grounds and basis for the relief sought, and all
14    necessary facts and particulars, and request an
15    administrative hearing thereon. Within 20 days, the
16    Secretary shall set a hearing date as early as practical.
17    The Secretary may, in his discretion, supply forms for
18    such a petition. The Secretary may require the payment of
19    a fee of not more than $50 for the filing of any petition,
20    motion, or request for hearing conducted pursuant to this
21    Section. These fees must be deposited into the Secretary
22    of State DUI Administration Fund, a special fund that is
23    hereby created in the State treasury, and, subject to
24    appropriation and as directed by the Secretary of State,
25    shall be used to fund the operation of the hearings
26    department of the Office of the Secretary of State and for



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1    no other purpose. The Secretary shall establish by rule
2    the amount and the procedures, terms, and conditions
3    relating to these fees.
4        (b) The Secretary may likewise, in his discretion and
5    upon his own petition, order a hearing, when in his best
6    judgment, any person is not entitled to the reciprocal
7    benefits, privileges and exemptions existing pursuant to
8    the terms and provisions of this Code or under a
9    reciprocal agreement or arrangement or declaration
10    thereunder or that a vehicle owned or operated by such
11    person is improperly registered or licensed, or that an
12    Illinois resident has improperly registered or licensed a
13    vehicle in another jurisdiction for the purposes of
14    violating or avoiding the registration laws of this State.
15        (c) The Secretary shall notify a petitioner or any
16    other person involved of such a hearing, by giving at
17    least 10 days notice, in writing, by U.S. Mail, Registered
18    or Certified, or by personal service, at the last known
19    address of such petitioner or person, specifying the time
20    and place of such hearing. Such hearing shall be held
21    before the Secretary, or any person as he may designate,
22    and unless the parties mutually agree to some other county
23    in Illinois, the hearing shall be held in the County of
24    Sangamon or the County of Cook. Appropriate records of the
25    hearing shall be kept, and the Secretary shall issue or
26    cause to be issued, his decision on the case, within 30



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1    days after the close of such hearing or within 30 days
2    after receipt of the transcript thereof, and a copy shall
3    likewise be served or mailed to the petitioner or person
4    involved.
5        (d) The actions or inactions or determinations, or
6    findings and decisions upon an administrative hearing, of
7    the Secretary, shall be subject to judicial review in the
8    Circuit Court of the County of Sangamon or the County of
9    Cook, and the provisions of the Administrative Review Law,
10    and all amendments and modifications thereof and rules
11    adopted pursuant thereto, apply to and govern all such
12    reviewable matters.
13        Any reciprocal agreements or arrangements entered into
14    by the Secretary of State or any declarations issued by
15    the Secretary of State pursuant to any law in effect prior
16    to the effective date of this Code are not hereby
17    abrogated, and such shall continue in force and effect
18    until amended pursuant to the provisions of this Code or
19    expire pursuant to the terms or provisions thereof.
20(Source: P.A. 101-395, eff. 8-16-19.)
21    (625 ILCS 5/6-102)  (from Ch. 95 1/2, par. 6-102)
22    Sec. 6-102. What persons are exempt. The following persons
23are exempt from the requirements of Section 6-101 and are not
24required to have an Illinois drivers license or permit if one
25or more of the following qualifying exemptions are met and



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2        1. Any employee of the United States Government or any
3    member of the Armed Forces of the United States, while
4    operating a motor vehicle owned by or leased to the United
5    States Government and being operated on official business
6    need not be licensed;
7        2. A nonresident who has in his immediate possession a
8    valid license issued to him in his home state or country
9    may operate a motor vehicle for which he is licensed for
10    the period during which he is in this State;
11        3. A nonresident and his spouse and children living
12    with him who is a student at a college or university in
13    Illinois who have a valid license issued by their home
14    State.
15        4. A person operating a road machine temporarily upon
16    a highway or operating a farm tractor between the home
17    farm buildings and any adjacent or nearby farm land for
18    the exclusive purpose of conducting farm operations need
19    not be licensed as a driver.
20        5. A resident of this State who has been serving as a
21    member or as a civilian employee of the Armed Forces of the
22    United States, or as a civilian employee of the United
23    States Department of Defense, outside the Continental
24    limits of the United States, for a period of 120 days
25    following his return to the continental limits of the
26    United States.



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1        6. A nonresident on active duty in the Armed Forces of
2    the United States who has a valid license issued by his
3    home state and such nonresident's spouse, and dependent
4    children and living with parents, who have a valid license
5    issued by their home state.
6        7. A nonresident who becomes a resident of this State,
7    may for a period of the first 90 days of residence in
8    Illinois operate any motor vehicle which he was qualified
9    or licensed to drive by his home state or country so long
10    as he has in his possession, a valid and current license
11    issued to him by his home state or country. Upon
12    expiration of such 90 day period, such new resident must
13    comply with the provisions of this Act and apply for an
14    Illinois license or permit.
15        8. An engineer, conductor, brakeman, or any other
16    member of the crew of a locomotive or train being operated
17    upon rails, including operation on a railroad crossing
18    over a public street, road or highway. Such person is not
19    required to display a driver's license to any law
20    enforcement officer in connection with the operation of a
21    locomotive or train within this State.
22        9. Persons operating low-speed electric scooters in
23    accordance with Section 11-1518.
24    The provisions of this Section granting exemption to any
25nonresident shall be operative to the same extent that the
26laws of the State or country of such nonresident grant like



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1exemption to residents of this State.
2    The Secretary of State may implement the exemption
3provisions of this Section by inclusion thereof in a
4reciprocity agreement, arrangement or declaration issued
5pursuant to this Act.
6(Source: P.A. 99-118, eff. 1-1-16.)
7    (625 ILCS 5/11-1518 new)
8    Sec. 11-1518. Low-speed electric scooters.
9    (a) Subject to the restrictions of this Section, a
10municipality, park district, forest preserve district, or
11conservation district may authorize and regulate the operation
12of low-speed electric scooters within the unit of local
13government on any or all highways under their respective
14jurisdiction, sidewalks, trails, or other public right-of-way
15where the operation of bicycles is permitted. The use of
16low-speed electric scooters within any municipality, park
17district, forest preserve district, or conservation district
18is allowed only if authorized by the municipality, park
19district, forest preserve district, or conservation district
20under this Section. Any authorization or regulation by a park
21district, forest preserve district, or conservation district
22applies only on property owned, managed, or leased by the park
23district, forest preserve district, or conservation district.
24    (a-5) Subject to the restrictions of this Section, the
25Department of Natural Resources may authorize and regulate the



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1operation of low-speed electric scooters on any or all
2properties owned, managed, or leased by the Department of
3Natural Resources including, but not limited to, sidewalks,
4trails, or other public rights-of-way where the operation of
5bicycles is permitted. The use of low-speed electric scooters
6within any property that is owned, managed, or leased by the
7Department of Natural Resources is allowed only if authorized
8by the Department of Natural Resources. The Department of
9Natural Resources is authorized to adopt administrative rules
10for the regulation of low-speed electric scooters on any and
11all properties owned, managed, or leased by the Department of
12Natural Resources.
13    (b) A person may not operate a low-speed electric scooter
14on a highway with a posted speed limit in excess of 35 mph.
15    (c) A person may not operate a low-speed electric scooter
16unless he or she is 18 years of age or older.
17    (d) A low-speed electric scooter may be parked in the same
18manner and at the same locations as a bicycle may be parked.
19    (e) Every low-speed electric scooter when in use at
20nighttime shall be equipped with a lamp on the front that emits
21a white light visible from a distance of at least 500 feet to
22the front and with a red reflector on the rear that is visible
23from all distances from 100 feet to 600 feet to the rear when
24directly in front of lawful lower beams of headlamps on a motor
25vehicle, except that a lamp emitting a steady or flashing red
26light visible from a distance of 500 feet to the rear may be



SB1960 Enrolled- 19 -LRB103 26928 MXP 53292 b

1used in addition to or instead of the red reflector.
2    (f) A low-speed electric scooter shall not be equipped
3with nor shall any person use upon a low-speed electric
4scooter any siren. This subsection does not apply to a
5low-speed electric scooter that is a police vehicle or fire
6department vehicle.
7    (g) Every low-speed electric scooter shall be equipped
8with a brake that will adequately control movement of and stop
9and hold the low-speed electric scooter.
10    (h) A person may not operate a low-speed electric scooter
11while carrying any package, bundle, or article that prevents
12the operator from keeping at least one hand upon the
14    (i) A person may not use a low-speed electric scooter to
15carry more than one person at a time. A person operating a
16low-speed electric scooter may not attach himself or herself
17or the scooter to any other vehicle being operated on the
18public right-of-way.
19    (j) A person may not operate a low-speed electric scooter
20upon any public highway in the State while under the influence
21of alcohol or any drug.
22    (k) The use of low-speed electric scooters is not
23permitted on State highways.
24    (l) Every low-speed electric scooter shall be
25well-maintained and in good operating condition.



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1    Section 95. No acceleration or delay. Where this Act makes
2changes in a statute that is represented in this Act by text
3that is not yet or no longer in effect (for example, a Section
4represented by multiple versions), the use of that text does
5not accelerate or delay the taking effect of (i) the changes
6made by this Act or (ii) provisions derived from any other
7Public Act.
8    Section 99. Effective date. This Act takes effect upon
9becoming law.