Bill Text: IL HB2980 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: 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.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2023-03-10 - Rule 19(a) / Re-referred to Rules Committee [HB2980 Detail]

Download: Illinois-2023-HB2980-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2980 Introduced , 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.
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A BILL FOR
HB2980 LRB103 27352 MXP 53724 b
AN ACT concerning transportation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Vehicle Code is amended by
changing Sections 3-412, 3-413, 3-806, 3-806.1, 3-806.5, and
11-1426.1 as follows:
(625 ILCS 5/3-412) (from Ch. 95 1/2, par. 3-412)
Sec. 3-412. Registration plates or digital registration
plates and registration stickers or digital registration
stickers to be furnished by the Secretary of State.
(a) The Secretary of State upon registering a vehicle
subject to annual registration for the first time shall issue
or shall cause to be issued to the owner one registration plate
or digital registration plate for a motorcycle, trailer,
semitrailer, moped, autocycle, all-terrain vehicle,
recreational off-highway vehicle, or truck-tractor, 2
registration plates, or a digital registration plate and metal
plate as set forth in Section 3-401.5, for other motor
vehicles and, where applicable, current registration stickers
or digital registration stickers for motor vehicles of the
first division. The provisions of this Section may be made
applicable to such vehicles of the second division, as the
Secretary of State may, from time to time, in his discretion

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designate. On subsequent annual registrations during the term
of the registration plate or digital registration plate as
provided in Section 3-414.1, the Secretary shall issue or
cause to be issued registration stickers or digital
registration stickers as evidence of current registration.
However, the issuance of annual registration stickers or
digital registration stickers to vehicles registered under the
provisions of Sections 3-402.1 and 3-405.3 of this Code may
not be required if the Secretary deems the issuance
unnecessary.
(b) Every registration plate or digital registration plate
shall have displayed upon it the registration number assigned
to the vehicle for which it is issued, the name of this State,
which may be abbreviated, the year number for which it was
issued, which may be abbreviated, the phrase "Land of Lincoln"
(except as otherwise provided in this Code), and such other
letters or numbers as the Secretary may prescribe. However,
for apportionment plates issued to vehicles registered under
Section 3-402.1 and fleet plates issued to vehicles registered
under Section 3-405.3, the phrase "Land of Lincoln" may be
omitted to allow for the word "apportioned", the word "fleet",
or other similar language to be displayed. Registration plates
or digital registration plates issued to a vehicle registered
as a fleet vehicle may display a designation determined by the
Secretary.
The Secretary may in his discretion prescribe that letters

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

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(f) The Secretary of State shall issue for every
motorcycle distinctive registration plates or digital
registration plates distinguishing between motorcycles having
150 or more cubic centimeters piston displacement, or having
less than 150 cubic centimeter piston displacement.
(g) Registration plates or digital registration plates
issued to vehicles for-hire may display a designation as
determined by the Secretary that such vehicles are for-hire.
(h) (Blank).
(i) The Secretary of State shall issue for every public
and private ambulance registration plates or digital
registration plates identifying the vehicle as an ambulance.
The Secretary shall forward to the Department of Healthcare
and Family Services registration information for the purpose
of verification of claims filed with the Department by
ambulance owners for payment for services to public assistance
recipients.
(j) The Secretary of State shall issue for every public
and private medical carrier or rescue vehicle livery
registration plates or digital registration plates displaying
numbers within ranges of numbers reserved respectively for
medical carriers and rescue vehicles. The Secretary shall
forward to the Department of Healthcare and Family Services
registration information for the purpose of verification of
claims filed with the Department by owners of medical carriers
or rescue vehicles for payment for services to public

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

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

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

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

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

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Driven Cycles, and Pedalcycles, All-Terrain
Vehicles, and Recreational Off-Highway
Vehicles
$148
Autocycles 68
All-Terrain Vehicles and Recreational
Off-Highway Vehicles
26
Motorcycles, Motor Driven
Cycles and Pedalcycles 38
A $1 surcharge shall be collected in addition to the above
fees for motor vehicles of the first division, autocycles,
all-terrain vehicles, recreational off-highway vehicles,
motorcycles, motor driven cycles, and pedalcycles to be
deposited into the State Police Vehicle Fund.
All of the proceeds of the additional fees imposed by
Public Act 96-34 shall be deposited into the Capital Projects
Fund.
A $2 surcharge shall be collected in addition to the above
fees for motor vehicles of the first division, autocycles,
all-terrain vehicles, recreational off-highway vehicles,
motorcycles, motor driven cycles, and pedalcycles to be
deposited into the Park and Conservation Fund for the
Department of Natural Resources to use for conservation
efforts. The monies deposited into the Park and Conservation
Fund under this Section shall not be subject to administrative
charges or chargebacks unless otherwise authorized by this
Act.

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

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autocycle, all-terrain vehicle, recreational off-highway
vehicle, or motorcycle. In addition to the regular renewal fee
or electric vehicle registration renewal fee, an applicant for
a vanity plate, other than a vanity plate in any military
series or a vanity plate issued under Section 3-664, shall be
charged $13 for the renewal of each set of vanity license
plates. There shall be no additional fees for a vanity license
plate in any military series of plates or a vanity plate issued
under Section 3-664.
(Source: P.A. 102-154, eff. 1-1-22.)
(625 ILCS 5/3-806.5)
Sec. 3-806.5. Additional fees for personalized license
plates. For registration periods commencing after December 31,
2003, in addition to the regular registration fee or electric
vehicle registration fee, an applicant for a personalized
license plate, other than a personalized plate in any military
series or a personalized plate issued under Section 3-664,
shall be charged $47 for each set of personalized license
plates issued to a vehicle of the first division or a vehicle
of the second division registered at not more than 8,000
pounds or to a recreational vehicle and $25 for each set of
personalized plates issued to an autocycle, all-terrain
vehicle, recreational off-highway vehicle, or motorcycle. In
addition to the regular renewal fee or electric vehicle
registration renewal fee, an applicant for a personalized

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

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

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

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

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

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