Bill Text: IL HB3721 | 2021-2022 | 102nd General Assembly | Introduced

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Bill Title: Amends the Illinois Vehicle Code. Provides that an unattended vehicle shall not include an unattended locked motor vehicle with the engine running after being started by a remote starter system if the motor vehicle is located in a municipality with a population of less than 250,000. Provides that language allowing a motor vehicle operating on diesel fuel and started by a remote starter system to idle for more than 10 minutes at a time applies only if the motor vehicle is located in a municipality with a population of less than 250,000. Effective immediately.

Sponsorship: Partisan Bill (Republican 1)

Status: (Introduced - Dead) 2021-03-27 - Rule 19(a) / Re-referred to Rules Committee [HB3721 Detail]

Download: Illinois-2021-HB3721-Introduced.html

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102ND GENERAL ASSEMBLY State of Illinois 2021 and 2022 HB3721 Introduced , by Rep. C.D. Davidsmeyer SYNOPSIS AS INTRODUCED:
625 ILCS 5/11-1401 from Ch. 95 1/2, par. 11-1401
625 ILCS 5/11-1429
Amends the Illinois Vehicle Code. Provides that an unattended vehicle shall not include an unattended locked motor vehicle with the engine running after being started by a remote starter system if the motor vehicle is located in a municipality with a population of less than 250,000. Provides that language allowing a motor vehicle operating on diesel fuel and started by a remote starter system to idle for more than 10 minutes at a time applies only if the motor vehicle is located in a municipality with a population of less than 250,000. Effective immediately.
LRB102 13823 RAM 19173 b
A BILL FOR
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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 11-1401 and 11-1429 as follows:
(625 ILCS 5/11-1401) (from Ch. 95 1/2, par. 11-1401)
Sec. 11-1401. Unattended motor vehicles. Except for a law
enforcement officer or an operator of an authorized emergency
vehicle performing his or her official duties, no person
driving or in charge of a motor vehicle shall permit it to
stand unattended without first stopping the engine, locking
the ignition, removing the key from the ignition, effectively
setting the brake thereon and, when standing upon any
perceptible grade, turning the front wheels to the curb or
side of the highway. An unattended motor vehicle shall not
include an unattended locked motor vehicle with the engine
running after being started by a remote starter system if the
motor vehicle is located in a municipality with a population
of less than 250,000.
(Source: P.A. 100-435, eff. 8-25-17.)
(625 ILCS 5/11-1429)
Sec. 11-1429. Excessive idling.

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(a) The purpose of this law is to protect public health and
the environment by reducing emissions while conserving fuel
and maintaining adequate rest and safety of all drivers of
diesel vehicles.
(b) As used in this Section, "affected areas" means the
counties of Cook, DuPage, Lake, Kane, McHenry, Will, Madison,
St. Clair, and Monroe and the townships of Aux Sable and Goose
Lake in Grundy County and the township of Oswego in Kendall
County.
(c) A person that operates a motor vehicle operating on
diesel fuel in an affected area may not cause or allow the
motor vehicle, when it is not in motion, to idle for more than
a total of 10 minutes within any 60 minute period, except under
the following circumstances:
(1) the motor vehicle has a Gross Vehicle Weight
Rating of less than 8,000 pounds;
(2) the motor vehicle idles while forced to remain
motionless because of on-highway traffic, an official
traffic control device or signal, or at the direction of a
law enforcement official;
(3) the motor vehicle idles when operating defrosters,
heaters, air conditioners, or other equipment solely to
prevent a safety or health emergency;
(4) a police, fire, ambulance, public safety, other
emergency or law enforcement motor vehicle, or any motor
vehicle used in an emergency capacity, idles while in an

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emergency or training mode and not for the convenience of
the vehicle operator;
(5) the primary propulsion engine idles for
maintenance, servicing, repairing, or diagnostic purposes
if idling is necessary for such activity;
(6) a motor vehicle idles as part of a government
inspection to verify that all equipment is in good working
order, provided idling is required as part of the
inspection;
(7) when idling of the motor vehicle is required to
operate auxiliary equipment to accomplish the intended use
of the vehicle (such as loading, unloading, mixing, or
processing cargo; controlling cargo temperature;
construction operations; lumbering operations; oil or gas
well servicing; or farming operations), provided that this
exemption does not apply when the vehicle is idling solely
for cabin comfort or to operate non-essential equipment
such as air conditioning, heating, microwave ovens, or
televisions;
(8) an armored motor vehicle idles when a person
remains inside the vehicle to guard the contents, or while
the vehicle is being loaded or unloaded;
(9) a bus idles a maximum of 15 minutes in any 60
minute period to maintain passenger comfort while
non-driver passengers are on board;
(10) if the motor vehicle has a sleeping berth, when

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the operator is occupying the vehicle during a rest or
sleep period and idling of the vehicle is required to
operate air conditioning or heating;
(11) when the motor vehicle idles due to mechanical
difficulties over which the operator has no control;
(12) the motor vehicle is used as airport ground
support equipment, including, but not limited to, motor
vehicles operated on the air side of the airport terminal
to service or supply aircraft;
(13) the motor vehicle is (i) a bus owned by a public
transit authority and (ii) being operated on a designated
bus route or on a street or highway between designated bus
routes for the provision of public transportation;
(14) the motor vehicle is an implement of husbandry
exempt from registration under subdivision A(2) of Section
3-402 of this Code;
(15) the motor vehicle is owned by an electric utility
and is operated for electricity generation or hydraulic
pressure to power equipment necessary in the restoration,
repair, modification or installation of electric utility
service;
(16) the outdoor temperature is less than 32 degrees
Fahrenheit or greater than 80 degrees Fahrenheit; or
(17) the motor vehicle idles while being operated by a
remote starter system if the motor vehicle is located in a
municipality with a population of less than 250,000.

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(d) When the outdoor temperature is 32 degrees Fahrenheit
or higher and 80 degrees Fahrenheit or lower, a person who
operates a motor vehicle operating on diesel fuel in an
affected area may not cause or allow the motor vehicle to idle
for a period greater than 30 minutes in any 60 minute period
while waiting to weigh, load, or unload cargo or freight,
unless the vehicle is in a line of vehicles that regularly and
periodically moves forward.
(e) This Section does not prohibit the operation of an
auxiliary power unit or generator set as an alternative to
idling the main engine of a motor vehicle operating on diesel
fuel.
(f) This Section does not apply to the owner of a motor
vehicle rented or leased to another entity or person operating
the vehicle.
(g) Any person convicted of any violation of this Section
is guilty of a petty offense and shall be fined $90 for the
first conviction and $500 for a second or subsequent
conviction within any 12 month period.
(h) Fines; distribution. All fines and all penalties
collected under this Section shall be deposited in the State
Treasury and shall be distributed as follows: (i) $50 for the
first conviction and $150 for a second or subsequent
conviction within any 12 month period under this Section shall
be deposited into the State's General Revenue Fund; (ii) $20
for the first conviction and $262.50 for a second or

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subsequent conviction within any 12 month period under this
Section shall be distributed to the law enforcement agency
that issued the citation; and (iii) $20 for the first
conviction and $87.50 for a second or subsequent conviction
within any 12 month period under this Section shall be
deposited into the Trucking Environmental and Education Fund.
(i) The Trucking Environmental and Education Fund is
created as a special fund in the State Treasury. All money
deposited into the Trucking Environmental and Education Fund
shall be paid, subject to appropriation by the General
Assembly, to the Illinois Environmental Protection Agency for
the purpose of educating the trucking industry on air
pollution and preventative measures specifically related to
idling. Any interest earned on deposits into the Fund shall
remain in the Fund and be used for the purposes set forth in
this subsection. Notwithstanding any other law to the
contrary, the Fund is not subject to administrative charges or
charge-backs that would in any way transfer moneys from the
Fund into any other fund of the State.
(j) Notwithstanding any other provision of this Section, a
person who operates a motor vehicle with a gross vehicle
weight rating of 8,000 pounds or more operating on diesel fuel
on property that (i) offers paid parking services to vehicle
owners, (ii) does not involve fuel dispensing, and (iii) is
located in an affected area within a county of over 3 million
residents but outside of a municipality of over 2 million

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residents may not cause or allow the motor vehicle, when it is
not in motion, to idle for more than a total of 10 minutes
within any 60-minute period under any circumstances if the
vehicle is within 200 feet of a residential area. This Section
may be enforced by either the law enforcement agency having
jurisdiction over the residential area or the law enforcement
agency having jurisdiction over the property on which the
violation took place. This subsection does not apply to:
(1) school buses;
(2) waste hauling vehicles;
(3) facilities operated by the Department of
Transportation;
(4) vehicles owned by a public utility and operated to
power equipment necessary in the restoration, repair,
modification, or installation of a utility service; or
(5) ambulances.
(Source: P.A. 100-435, eff. 8-25-17; 101-319, eff. 1-1-20.)
Section 99. Effective date. This Act takes effect upon
becoming law.