Bill Text: IL SB1960 | 2023-2024 | 103rd General Assembly | Engrossed

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Reinserts the provisions of the introduced bill with the following changes: Provides that a municipality or park district may authorize and regulate the operation of low-speed electric scooters within the unit of local government on any or all highways, sidewalks, trails, or other public right of way where the operation of bicycles are permitted (rather than a person may operate a low-speed electric scooter where the operation of bicycles are permitted, including, but not limited to, bicycle lanes and bicycle paths, and shall have all of the rights and shall be subject to all of the duties applicable to the rider of a bicycle under the Code, except in specified situations). Provides that the use of low-speed electric scooters within any municipality or park district is allowed only if authorized by the municipality or park district. Provides that an authorization or regulation by a county or park district shall apply only in the unincorporated area of that county or on park district property. Provides that a person may not operate a low-speed electric scooter on a highway with a posted speed limit in excess of 35 mph (rather than a person may not operate a low-speed electric scooter without a driver's license, instruction permit, or State identification card). Provides that a person may not operate a low-speed electric scooter unless he or she is 16 (rather than 18) years of age or older. Provides that a person may not operate a low-speed electric scooter while carrying any package, bundle, or article that prevents the operator from keeping at least one hand upon the handlebars. Removes provisions of the Code concerning vehicles and motor vehicles. Removes language providing that an entity may not operate a low-speed electric scooter business within a municipality unless the municipality authorizes the operation of low-speed electric scooters within the municipal limits. Adds provisions relating to use of low-speed electric scooters, low-speed electric scooters in rights-of-way, and operation of low-speed electric scooters under the influence of alcohol or any drug. Exempts low-speed electric scooters from title, registration, and driver's licenses requirements. Effective immediately.

Spectrum: Slight Partisan Bill (Democrat 7-3)

Status: (Passed) 2024-08-09 - Public Act . . . . . . . . . 103-0899 [SB1960 Detail]

Download: Illinois-2023-SB1960-Engrossed.html

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

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

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

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

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

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such vehicle a valid Illinois reciprocity permit as
required by the Secretary of State, and provided like
privileges are afforded to residents of this State by the
State of residence of such owner.
Every nonresident including any foreign corporation
carrying on business within this State and owning and
regularly operating in such business any motor vehicle,
trailer or semitrailer within this State in intrastate
commerce, shall be required to register each such vehicle
and pay the same fees therefor as is required with
reference to like vehicles owned by residents of this
State.
(2) Any motor vehicle, trailer, semitrailer and pole
trailer operated interstate need not be registered in this
State, provided:
(a) that the vehicle is properly registered in
another State pursuant to law or to a reciprocity
agreement, arrangement or declaration; or
(b) that such vehicle is part of a fleet of
vehicles owned or operated by the same person who
registers such fleet of vehicles pro rata among the
various States in which such fleet operates; or
(c) that such vehicle is part of a fleet of
vehicles, a portion of which are registered with the
Secretary of State of Illinois in accordance with an
agreement or arrangement concurred in by the Secretary

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

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

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

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

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

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

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

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

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

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

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exemption to residents of this State.
The Secretary of State may implement the exemption
provisions of this Section by inclusion thereof in a
reciprocity agreement, arrangement or declaration issued
pursuant to this Act.
(Source: P.A. 99-118, eff. 1-1-16.)
(625 ILCS 5/11-1518 new)
Sec. 11-1518. Low-speed electric scooters.
(a) Subject to the restrictions of this Section, a
municipality, park district, forest preserve district, or
conservation district may authorize and regulate the operation
of low-speed electric scooters within the unit of local
government on any or all highways under their respective
jurisdiction, sidewalks, trails, or other public right of way
where the operation of bicycles is permitted. The use of
low-speed electric scooters within any municipality, park
district, forest preserve district, or conservation district
is allowed only if authorized by the municipality, park
district, forest preserve district, or conservation district
under this Section. Any authorization or regulation by a park
district, forest preserve district, or conservation district
applies only on property owned, managed, or leased by the park
district, forest preserve district, or conservation district.
(b) A person may not operate a low-speed electric scooter
on a highway with a posted speed limit in excess of 35 mph.

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(c) A person may not operate a low-speed electric scooter
unless he or she is 18 years of age or older.
(d) A low-speed electric scooter may be parked in the same
manner and at the same locations as a bicycle may be parked.
(e) Every low-speed electric scooter when in use at
nighttime shall be equipped with a lamp on the front that emits
a white light visible from a distance of at least 500 feet to
the front and with a red reflector on the rear that is visible
from all distances from 100 feet to 600 feet to the rear when
directly in front of lawful lower beams of headlamps on a motor
vehicle, except that a lamp emitting a steady or flashing red
light visible from a distance of 500 feet to the rear may be
used in addition to or instead of the red reflector.
(f) A low-speed electric scooter shall not be equipped
with nor shall any person use upon a low-speed electric
scooter any siren. This subsection does not apply to a
low-speed electric scooter that is a police vehicle or fire
department vehicle.
(g) Every low-speed electric scooter shall be equipped
with a brake that will adequately control movement of and stop
and hold the low-speed electric scooter.
(h) A person may not operate a low-speed electric scooter
while carrying any package, bundle, or article that prevents
the operator from keeping at least one hand upon the
handlebars.
(i) A person may not use a low-speed electric scooter to

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carry more than one person at a time. A person operating a
low-speed electric scooter may not attach himself or herself
or the scooter to any other vehicle being operated on the
public right-of-way.
(j) Unless specifically stated otherwise in an ordinance
or resolution by a municipality, county, or park district
authorizing the use of low-speed electric scooters within its
jurisdiction, the use of a low-speed electric scooter is not
an intended use of a public right-of-way under Section 3-102
of the Local Governmental Employees Tort Immunity Act.
(k) A person may not operate a low-speed electric scooter
upon any highway in the State while under the influence of
alcohol or any drug.
(l) The use of low-speed electric scooters is not
permitted on State highways.
(m) Every low-speed electric scooter shall be
well-maintained and in good operating condition.
Section 95. No acceleration or delay. Where this Act makes
changes in a statute that is represented in this Act by text
that is not yet or no longer in effect (for example, a Section
represented by multiple versions), the use of that text does
not accelerate or delay the taking effect of (i) the changes
made by this Act or (ii) provisions derived from any other
Public Act.
Section 99. Effective date. This Act takes effect upon

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becoming law.