Bill Text: IL HB5435 | 2023-2024 | 103rd General Assembly | Introduced

---

Bill Title: Amends the Illinois Vehicle Code. Provides that a unit of local government, including a home rule unit, may not enact an ordinance providing for a noise monitoring system upon any portion of its roadways (removing language allowing the City of Chicago to enact an ordinance providing for a noise monitoring system upon any portion of the roadway known as Lake Shore Drive). Makes changes to the definition of "noise monitoring system".

Spectrum: Moderate Partisan Bill (Republican 7-1)

Status: (Introduced) 2024-04-19 - Rule 19(a) / Re-referred to Rules Committee [HB5435 Detail]

Download: Illinois-2023-HB5435-Introduced.html

---

103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5435 Introduced , by Rep. Jennifer Sanalitro SYNOPSIS AS INTRODUCED:
625 ILCS 5/11-208 from Ch. 95 1/2, par. 11-208
Amends the Illinois Vehicle Code. Provides that a unit of local government, including a home rule unit, may not enact an ordinance providing for a noise monitoring system upon any portion of its roadways (removing language allowing the City of Chicago to enact an ordinance providing for a noise monitoring system upon any portion of the roadway known as Lake Shore Drive). Makes changes to the definition of "noise monitoring system".
LRB103 38552 MXP 68688 b
A BILL FOR
HB5435 LRB103 38552 MXP 68688 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 Section 11-208 as follows:
(625 ILCS 5/11-208) (from Ch. 95 1/2, par. 11-208)
Sec. 11-208. Powers of local authorities.
(a) The provisions of this Code shall not be deemed to
prevent local authorities with respect to streets and highways
under their jurisdiction and within the reasonable exercise of
the police power from:
1. Regulating the standing or parking of vehicles,
except as limited by Sections 11-1306 and 11-1307 of this
Act;
2. Regulating traffic by means of police officers or
traffic control signals;
3. Regulating or prohibiting processions or
assemblages on the highways; and certifying persons to
control traffic for processions or assemblages;
4. Designating particular highways as one-way highways
and requiring that all vehicles thereon be moved in one
specific direction;
5. Regulating the speed of vehicles in public parks

HB5435 - 2 - LRB103 38552 MXP 68688 b
subject to the limitations set forth in Section 11-604;
6. Designating any highway as a through highway, as
authorized in Section 11-302, and requiring that all
vehicles stop before entering or crossing the same or
designating any intersection as a stop intersection or a
yield right-of-way intersection and requiring all vehicles
to stop or yield the right-of-way at one or more entrances
to such intersections;
7. Restricting the use of highways as authorized in
Chapter 15;
8. Regulating the operation of mobile carrying
devices, bicycles, low-speed electric bicycles, and
low-speed gas bicycles, and requiring the registration and
licensing of same, including the requirement of a
registration fee;
9. Regulating or prohibiting the turning of vehicles
or specified types of vehicles at intersections;
10. Altering the speed limits as authorized in Section
11-604;
11. Prohibiting U-turns;
12. Prohibiting pedestrian crossings at other than
designated and marked crosswalks or at intersections;
13. Prohibiting parking during snow removal operation;
14. Imposing fines in accordance with Section
11-1301.3 as penalties for use of any parking place
reserved for persons with disabilities, as defined by

HB5435 - 3 - LRB103 38552 MXP 68688 b
Section 1-159.1, or veterans with disabilities by any
person using a motor vehicle not bearing registration
plates specified in Section 11-1301.1 or a special decal
or device as defined in Section 11-1301.2 as evidence that
the vehicle is operated by or for a person with
disabilities or a veteran with a disability;
15. Adopting such other traffic regulations as are
specifically authorized by this Code; or
16. Enforcing the provisions of subsection (f) of
Section 3-413 of this Code or a similar local ordinance.
(b) No ordinance or regulation enacted under paragraph 1,
4, 5, 6, 7, 9, 10, 11 or 13 of subsection (a) shall be
effective until signs giving reasonable notice of such local
traffic regulations are posted.
(c) The provisions of this Code shall not prevent any
municipality having a population of 500,000 or more
inhabitants from prohibiting any person from driving or
operating any motor vehicle upon the roadways of such
municipality with headlamps on high beam or bright.
(d) The provisions of this Code shall not be deemed to
prevent local authorities within the reasonable exercise of
their police power from prohibiting, on private property, the
unauthorized use of parking spaces reserved for persons with
disabilities.
(e) No unit of local government, including a home rule
unit, may enact or enforce an ordinance that applies only to

HB5435 - 4 - LRB103 38552 MXP 68688 b
motorcycles if the principal purpose for that ordinance is to
restrict the access of motorcycles to any highway or portion
of a highway for which federal or State funds have been used
for the planning, design, construction, or maintenance of that
highway. No unit of local government, including a home rule
unit, may enact an ordinance requiring motorcycle users to
wear protective headgear. Nothing in this subsection (e) shall
affect the authority of a unit of local government to regulate
motorcycles for traffic control purposes or in accordance with
Section 12-602 of this Code. No unit of local government,
including a home rule unit, may regulate motorcycles in a
manner inconsistent with this Code. This subsection (e) is a
limitation under subsection (i) of Section 6 of Article VII of
the Illinois Constitution on the concurrent exercise by home
rule units of powers and functions exercised by the State.
(e-5) A unit of local government, including a home rule
unit, The City of Chicago may not enact an ordinance providing
for a noise monitoring system upon any portion of its
roadways. the roadway known as Lake Shore Drive. Twelve months
after the installation of the noise monitoring system, and any
time after the first report as the City deems necessary, the
City of Chicago shall prepare a noise monitoring report with
the data collected from the system and shall, upon request,
make the report available to the public. For purposes of this
subsection (e-5), "noise monitoring system" means an automated
noise monitor capable of recording noise levels 24 hours per

HB5435 - 5 - LRB103 38552 MXP 68688 b
day and 365 days per year with computer equipment or human
review of the recorded footage sufficient to process the data.
(e-10) A unit of local government, including a home rule
unit, may not enact an ordinance prohibiting the use of
Automated Driving System equipped vehicles on its roadways.
Nothing in this subsection (e-10) shall affect the authority
of a unit of local government to regulate Automated Driving
System equipped vehicles for traffic control purposes. No unit
of local government, including a home rule unit, may regulate
Automated Driving System equipped vehicles in a manner
inconsistent with this Code. For purposes of this subsection
(e-10), "Automated Driving System equipped vehicle" means any
vehicle equipped with an Automated Driving System of hardware
and software that are collectively capable of performing the
entire dynamic driving task on a sustained basis, regardless
of whether it is limited to a specific operational domain.
This subsection (e-10) is a limitation under subsection (i) of
Section 6 of Article VII of the Illinois Constitution on the
concurrent exercise by home rule units of powers and functions
exercised by the State.
(f) A municipality or county designated in Section
11-208.6 may enact an ordinance providing for an automated
traffic law enforcement system to enforce violations of this
Code or a similar provision of a local ordinance and imposing
liability on a registered owner or lessee of a vehicle used in
such a violation.

HB5435 - 6 - LRB103 38552 MXP 68688 b