House Sponsors: GARRETT. Short description: VEHICLE JAKE BRAKES RESTRICTED Synopsis of Bill as introduced: 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. Last action on Bill: SESSION SINE DIE Last action date: 01-01-09 Location: House Amendments to Bill: AMENDMENTS ADOPTED: HOUSE - 2 SENATE - 0 END OF INQUIRY Full Text Bill Status