HB4056 100TH GENERAL ASSEMBLY

LRB100 12678 AXK 26071 b

100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB4056

Introduced , by Rep. William Davis

SYNOPSIS AS INTRODUCED:

See Index

Amends the Illinois Administrative Procedure Act. Provides that the Department of State Police, the Department of Transportation, the Illinois State Toll Highway Authority, the Secretary of State, and the Illinois Commerce Commission may adopt emergency rules to implement the bill. Amends the State Police Act. Provides requirements for the number of cadet classes and sworn State Police officers. Provides that 3% of the 40% of penalties collected under an automated traffic control system established by the Department of State Police, the Department of Transportation, or the Illinois State Toll Highway Authority deposited into the State Police Merit Board Public Safety Fund shall be used for advertising or other methods to attract diverse State Police cadet candidates. Amends the Illinois Vehicle Code. Provides that the Secretary of State shall not renew the registration of a vehicle if the Illinois Commerce Commission finds that the registered owner of a vehicle used in violation of the Automated Traffic Control Systems in Highway Construction or Maintenance Zones Act has failed to pay any penalty due as a result of 3 violations under the Act or is more than 30 calendar days in default of a payment plan. Provides for the allocation of moneys in the Transportation Safety Highway Hire-back Fund. Amends the Automated Traffic Control Systems in Highway Construction or Maintenance Zones Act. Allows a local agency to establish an automated traffic control system in a construction or maintenance zone established by the Department of Transportation, Illinois State Toll Highway Authority, or a local agency with jurisdiction. Provides that a motor vehicle may not operate in a construction or maintenance zone at a speed in excess of the posted speed limit. Provides for the allocation of the penalties collected for automated traffic control system zones. Makes conforming changes.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning transportation.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Illinois Administrative Procedure Act is amended by changing Section 5-45 as follows:

(5 ILCS 100/5-45) (from Ch. 127, par. 1005-45)

Sec. 5-45. Emergency rulemaking.

(a) "Emergency" means the existence of any situation that any agency finds reasonably constitutes a threat to the public interest, safety, or welfare.

(b) If any agency finds that an emergency exists that requires adoption of a rule upon fewer days than is required by Section 5-40 and states in writing its reasons for that finding, the agency may adopt an emergency rule without prior notice or hearing upon filing a notice of emergency rulemaking with the Secretary of State under Section 5-70. The notice shall include the text of the emergency rule and shall be published in the Illinois Register. Consent orders or other court orders adopting settlements negotiated by an agency may be adopted under this Section. Subject to applicable constitutional or statutory provisions, an emergency rule becomes effective immediately upon filing under Section 5-65 or at a stated date less than 10 days thereafter. The agency's finding and a statement of the specific reasons for the finding shall be filed with the rule. The agency shall take reasonable and appropriate measures to make emergency rules known to the persons who may be affected by them.

(c) An emergency rule may be effective for a period of not longer than 150 days, but the agency's authority to adopt an identical rule under Section 5-40 is not precluded. No emergency rule may be adopted more than once in any 24-month period, except that this limitation on the number of emergency rules that may be adopted in a 24-month period does not apply to (i) emergency rules that make additions to and deletions from the Drug Manual under Section 5-5.16 of the Illinois Public Aid Code or the generic drug formulary under Section 3.14 of the Illinois Food, Drug and Cosmetic Act, (ii) emergency rules adopted by the Pollution Control Board before July 1, 1997 to implement portions of the Livestock Management Facilities Act, (iii) emergency rules adopted by the Illinois Department of Public Health under subsections (a) through (i) of Section 2 of the Department of Public Health Act when necessary to protect the public's health, (iv) emergency rules adopted pursuant to subsection (n) of this Section, (v) emergency rules adopted pursuant to subsection (o) of this Section, or (vi) emergency rules adopted pursuant to subsection (c-5) of this Section. Two or more emergency rules having substantially the same purpose and effect shall be deemed to be a single rule for purposes of this Section.

(c-5) To facilitate the maintenance of the program of group health benefits provided to annuitants, survivors, and retired employees under the State Employees Group Insurance Act of 1971, rules to alter the contributions to be paid by the State, annuitants, survivors, retired employees, or any combination of those entities, for that program of group health benefits, shall be adopted as emergency rules. The adoption of those rules shall be considered an emergency and necessary for the public interest, safety, and welfare.

(d) In order to provide for the expeditious and timely implementation of the State's fiscal year 1999 budget, emergency rules to implement any provision of Public Act 90-587 or 90-588 or any other budget initiative for fiscal year 1999 may be adopted in accordance with this Section by the agency charged with administering that provision or initiative, except that the 24-month limitation on the adoption of emergency rules and the provisions of Sections 5-115 and 5-125 do not apply to rules adopted under this subsection (d). The adoption of emergency rules authorized by this subsection (d) shall be deemed to be necessary for the public interest, safety, and welfare.

(e) In order to provide for the expeditious and timely implementation of the State's fiscal year 2000 budget, emergency rules to implement any provision of Public Act 91-24 or any other budget initiative for fiscal year 2000 may be adopted in accordance with this Section by the agency charged with administering that provision or initiative, except that the 24-month limitation on the adoption of emergency rules and the provisions of Sections 5-115 and 5-125 do not apply to rules adopted under this subsection (e). The adoption of emergency rules authorized by this subsection (e) shall be deemed to be necessary for the public interest, safety, and welfare.

(f) In order to provide for the expeditious and timely implementation of the State's fiscal year 2001 budget, emergency rules to implement any provision of Public Act 91-712 or any other budget initiative for fiscal year 2001 may be adopted in accordance with this Section by the agency charged with administering that provision or initiative, except that the 24-month limitation on the adoption of emergency rules and the provisions of Sections 5-115 and 5-125 do not apply to rules adopted under this subsection (f). The adoption of emergency rules authorized by this subsection (f) shall be deemed to be necessary for the public interest, safety, and welfare.

(g) In order to provide for the expeditious and timely implementation of the State's fiscal year 2002 budget, emergency rules to implement any provision of Public Act 92-10 or any other budget initiative for fiscal year 2002 may be adopted in accordance with this Section by the agency charged with administering that provision or initiative, except that the 24-month limitation on the adoption of emergency rules and the provisions of Sections 5-115 and 5-125 do not apply to rules adopted under this subsection (g). The adoption of emergency rules authorized by this subsection (g) shall be deemed to be necessary for the public interest, safety, and welfare.

(h) In order to provide for the expeditious and timely implementation of the State's fiscal year 2003 budget, emergency rules to implement any provision of Public Act 92-597 or any other budget initiative for fiscal year 2003 may be adopted in accordance with this Section by the agency charged with administering that provision or initiative, except that the 24-month limitation on the adoption of emergency rules and the provisions of Sections 5-115 and 5-125 do not apply to rules adopted under this subsection (h). The adoption of emergency rules authorized by this subsection (h) shall be deemed to be necessary for the public interest, safety, and welfare.

(i) In order to provide for the expeditious and timely implementation of the State's fiscal year 2004 budget, emergency rules to implement any provision of Public Act 93-20 or any other budget initiative for fiscal year 2004 may be adopted in accordance with this Section by the agency charged with administering that provision or initiative, except that the 24-month limitation on the adoption of emergency rules and the provisions of Sections 5-115 and 5-125 do not apply to rules adopted under this subsection (i). The adoption of emergency rules authorized by this subsection (i) shall be deemed to be necessary for the public interest, safety, and welfare.

(j) In order to provide for the expeditious and timely implementation of the provisions of the State's fiscal year 2005 budget as provided under the Fiscal Year 2005 Budget Implementation (Human Services) Act, emergency rules to implement any provision of the Fiscal Year 2005 Budget Implementation (Human Services) Act may be adopted in accordance with this Section by the agency charged with administering that provision, except that the 24-month limitation on the adoption of emergency rules and the provisions of Sections 5-115 and 5-125 do not apply to rules adopted under this subsection (j). The Department of Public Aid may also adopt rules under this subsection (j) necessary to administer the Illinois Public Aid Code and the Children's Health Insurance Program Act. The adoption of emergency rules authorized by this subsection (j) shall be deemed to be necessary for the public interest, safety, and welfare.

(k) In order to provide for the expeditious and timely implementation of the provisions of the State's fiscal year 2006 budget, emergency rules to implement any provision of Public Act 94-48 or any other budget initiative for fiscal year 2006 may be adopted in accordance with this Section by the agency charged with administering that provision or initiative, except that the 24-month limitation on the adoption of emergency rules and the provisions of Sections 5-115 and 5-125 do not apply to rules adopted under this subsection (k). The Department of Healthcare and Family Services may also adopt rules under this subsection (k) necessary to administer the Illinois Public Aid Code, the Senior Citizens and Persons with Disabilities Property Tax Relief Act, the Senior Citizens and Disabled Persons Prescription Drug Discount Program Act (now the Illinois Prescription Drug Discount Program Act), and the Children's Health Insurance Program Act. The adoption of emergency rules authorized by this subsection (k) shall be deemed to be necessary for the public interest, safety, and welfare.

(l) In order to provide for the expeditious and timely implementation of the provisions of the State's fiscal year 2007 budget, the Department of Healthcare and Family Services may adopt emergency rules during fiscal year 2007, including rules effective July 1, 2007, in accordance with this subsection to the extent necessary to administer the Department's responsibilities with respect to amendments to the State plans and Illinois waivers approved by the federal Centers for Medicare and Medicaid Services necessitated by the requirements of Title XIX and Title XXI of the federal Social Security Act. The adoption of emergency rules authorized by this subsection (l) shall be deemed to be necessary for the public interest, safety, and welfare.

(m) In order to provide for the expeditious and timely implementation of the provisions of the State's fiscal year 2008 budget, the Department of Healthcare and Family Services may adopt emergency rules during fiscal year 2008, including rules effective July 1, 2008, in accordance with this subsection to the extent necessary to administer the Department's responsibilities with respect to amendments to the State plans and Illinois waivers approved by the federal Centers for Medicare and Medicaid Services necessitated by the requirements of Title XIX and Title XXI of the federal Social Security Act. The adoption of emergency rules authorized by this subsection (m) shall be deemed to be necessary for the public interest, safety, and welfare.

(n) In order to provide for the expeditious and timely implementation of the provisions of the State's fiscal year 2010 budget, emergency rules to implement any provision of Public Act 96-45 or any other budget initiative authorized by the 96th General Assembly for fiscal year 2010 may be adopted in accordance with this Section by the agency charged with administering that provision or initiative. The adoption of emergency rules authorized by this subsection (n) shall be deemed to be necessary for the public interest, safety, and welfare. The rulemaking authority granted in this subsection (n) shall apply only to rules promulgated during Fiscal Year 2010.

(o) In order to provide for the expeditious and timely implementation of the provisions of the State's fiscal year 2011 budget, emergency rules to implement any provision of Public Act 96-958 or any other budget initiative authorized by the 96th General Assembly for fiscal year 2011 may be adopted in accordance with this Section by the agency charged with administering that provision or initiative. The adoption of emergency rules authorized by this subsection (o) is deemed to be necessary for the public interest, safety, and welfare. The rulemaking authority granted in this subsection (o) applies only to rules promulgated on or after July 1, 2010 (the effective date of Public Act 96-958) through June 30, 2011.

(p) In order to provide for the expeditious and timely implementation of the provisions of Public Act 97-689, emergency rules to implement any provision of Public Act 97-689 may be adopted in accordance with this subsection (p) by the agency charged with administering that provision or initiative. The 150-day limitation of the effective period of emergency rules does not apply to rules adopted under this subsection (p), and the effective period may continue through June 30, 2013. The 24-month limitation on the adoption of emergency rules does not apply to rules adopted under this subsection (p). The adoption of emergency rules authorized by this subsection (p) is deemed to be necessary for the public interest, safety, and welfare.

(q) In order to provide for the expeditious and timely implementation of the provisions of Articles 7, 8, 9, 11, and 12 of Public Act 98-104, emergency rules to implement any provision of Articles 7, 8, 9, 11, and 12 of Public Act 98-104 may be adopted in accordance with this subsection (q) by the agency charged with administering that provision or initiative. The 24-month limitation on the adoption of emergency rules does not apply to rules adopted under this subsection (q). The adoption of emergency rules authorized by this subsection (q) is deemed to be necessary for the public interest, safety, and welfare.

(r) In order to provide for the expeditious and timely implementation of the provisions of Public Act 98-651, emergency rules to implement Public Act 98-651 may be adopted in accordance with this subsection (r) by the Department of Healthcare and Family Services. The 24-month limitation on the adoption of emergency rules does not apply to rules adopted under this subsection (r). The adoption of emergency rules authorized by this subsection (r) is deemed to be necessary for the public interest, safety, and welfare.

(s) In order to provide for the expeditious and timely implementation of the provisions of Sections 5-5b.1 and 5A-2 of the Illinois Public Aid Code, emergency rules to implement any provision of Section 5-5b.1 or Section 5A-2 of the Illinois Public Aid Code may be adopted in accordance with this subsection (s) by the Department of Healthcare and Family Services. The rulemaking authority granted in this subsection (s) shall apply only to those rules adopted prior to July 1, 2015. Notwithstanding any other provision of this Section, any emergency rule adopted under this subsection (s) shall only apply to payments made for State fiscal year 2015. The adoption of emergency rules authorized by this subsection (s) is deemed to be necessary for the public interest, safety, and welfare.

(t) In order to provide for the expeditious and timely implementation of the provisions of Article II of Public Act 99-6, emergency rules to implement the changes made by Article II of Public Act 99-6 to the Emergency Telephone System Act may be adopted in accordance with this subsection (t) by the Department of State Police. The rulemaking authority granted in this subsection (t) shall apply only to those rules adopted prior to July 1, 2016. The 24-month limitation on the adoption of emergency rules does not apply to rules adopted under this subsection (t). The adoption of emergency rules authorized by this subsection (t) is deemed to be necessary for the public interest, safety, and welfare.

(u) In order to provide for the expeditious and timely implementation of the provisions of the Burn Victims Relief Act, emergency rules to implement any provision of the Act may be adopted in accordance with this subsection (u) by the Department of Insurance. The rulemaking authority granted in this subsection (u) shall apply only to those rules adopted prior to December 31, 2015. The adoption of emergency rules authorized by this subsection (u) is deemed to be necessary for the public interest, safety, and welfare.

(v) In order to provide for the expeditious and timely implementation of the provisions of Public Act 99-516, emergency rules to implement Public Act 99-516 may be adopted in accordance with this subsection (v) by the Department of Healthcare and Family Services. The 24-month limitation on the adoption of emergency rules does not apply to rules adopted under this subsection (v). The adoption of emergency rules authorized by this subsection (v) is deemed to be necessary for the public interest, safety, and welfare.

(w) In order to provide for the expeditious and timely implementation of the provisions of Public Act 99-796, emergency rules to implement the changes made by Public Act 99-796 may be adopted in accordance with this subsection (w) by the Adjutant General. The adoption of emergency rules authorized by this subsection (w) is deemed to be necessary for the public interest, safety, and welfare.

(x) In order to provide for the expeditious and timely implementation of the provisions of Public Act 99-906 this amendatory Act of the 99th General Assembly, emergency rules to implement subsection (i) of Section 16-115D, subsection (g) of Section 16-128A, and subsection (a) of Section 16-128B of the Public Utilities Act may be adopted in accordance with this subsection (x) by the Illinois Commerce Commission. The rulemaking authority granted in this subsection (x) shall apply only to those rules adopted within 180 days after June 1, 2017 (the effective date of Public Act 99-906) this amendatory Act of the 99th General Assembly. The adoption of emergency rules authorized by this subsection (x) is deemed to be necessary for the public interest, safety, and welfare.

(y) In order to provide for the expeditious and timely implementation of the provisions of this amendatory Act of the 100th General Assembly, emergency rules to implement any provision of this amendatory Act of the 100th General Assembly may be adopted in accordance with this subsection (y) by the Department of State Police, the Department of Transportation, the Illinois State Toll Highway Authority, the Illinois Commerce Commission, and the Secretary of State. The rulemaking authority granted in this subsection (y) shall apply only to those rules adopted within 180 days after the effective date of this amendatory Act of the 100th General Assembly. The adoption of emergency rules authorized by this subsection (y) is deemed to be necessary for the public interest, safety, and welfare.

(Source: P.A. 98-104, eff. 7-22-13; 98-463, eff. 8-16-13; 98-651, eff. 6-16-14; 99-2, eff. 3-26-15; 99-6, eff. 1-1-16; 99-143, eff. 7-27-15; 99-455, eff. 1-1-16; 99-516, eff. 6-30-16; 99-642, eff. 7-28-16; 99-796, eff. 1-1-17; 99-906, eff. 6-1-17; revised 1-1-17.)

Section 10. The State Police Act is amended by changing Section 7.2 and by adding Section 7.5 as follows:

(20 ILCS 2610/7.2)

Sec. 7.2. State Police Merit Board Public Safety Fund.

(a) A special fund in the State treasury is hereby created which shall be known as the State Police Merit Board Public Safety Fund. The Fund shall be used by the State Police Merit Board to provide a cadet program for State Police personnel and to meet all costs associated with the functions of the State Police Merit Board. Notwithstanding any other law to the contrary, the State Police Merit Board Public Safety Fund is not subject to sweeps, administrative charge-backs, or any other fiscal or budgetary maneuver that would in any way transfer any amounts from the State Police Merit Board Public Safety Fund into any other fund of the State.

(b) The Fund may receive State appropriations, gifts, grants, and federal funds and shall include earnings from the investment of moneys in the Fund.

(c) The administration of this Fund shall be the responsibility of the State Police Merit Board. The Board shall establish terms and conditions for the operation of the Fund. The Board shall establish and implement fiscal controls and accounting periods for programs operated using the Fund. All fees or moneys received by the State Treasurer under subsection (n) of Section 27.6 of the Clerks of Courts Act shall be deposited into the Fund. The moneys deposited in the State Police Merit Board Public Safety Fund shall be appropriated to the State Police Merit Board for expenses of the Board for the administration and conduct of all its programs for State Police personnel. Three percent of the moneys deposited into the Fund under subsection (d-5) of Section 20 of the Automated Traffic Control Systems in Highway Construction or Maintenance Zones Act shall be used for advertising or other methods to attract diverse State Police cadet candidates so that the headcount goal of State Police officers under Section 7.5 of this Act continues to adequately represent the population of women, minorities, and military veterans in this State.

(Source: P.A. 97-1051, eff. 1-1-13.)

(20 ILCS 2610/7.5 new)

Sec. 7.5. Cadet classes. Beginning July 1, 2018, the Director of State Police, in conjunction with the State Police Merit Board, shall annually appoint between one and 3 cadet classes with a goal of a minimum of 75 cadets per class. The appointments shall continue until the Department's total sworn headcount meets or exceeds 2,500 sworn State Police officers. The headcount goal of the Director shall be to maintain a total minimum headcount of 2,500 sworn State Police officers.

Section 15. The Illinois Vehicle Code is amended by changing Sections 3-704 and 11-605.1 as follows:

(625 ILCS 5/3-704) (from Ch. 95 1/2, par. 3-704)

Sec. 3-704. Authority of Secretary of State to suspend or revoke a registration or certificate of title; authority to suspend or revoke the registration of a vehicle.

(a) The Secretary of State may suspend or revoke the registration of a vehicle or a certificate of title, registration card, registration sticker, registration plate, disability parking decal or device, or any nonresident or other permit in any of the following events:

1. When the Secretary of State is satisfied that such registration or that such certificate, card, plate, registration sticker or permit was fraudulently or erroneously issued;

2. When a registered vehicle has been dismantled or wrecked or is not properly equipped;

3. When the Secretary of State determines that any required fees have not been paid to the Secretary of State, to the Illinois Commerce Commission, or to the Illinois Department of Revenue under the Motor Fuel Tax Law, and the same are not paid upon reasonable notice and demand;

4. When a registration card, registration plate, registration sticker or permit is knowingly displayed upon a vehicle other than the one for which issued;

5. When the Secretary of State determines that the owner has committed any offense under this Chapter involving the registration or the certificate, card, plate, registration sticker or permit to be suspended or revoked;

6. When the Secretary of State determines that a vehicle registered not-for-hire is used or operated for-hire unlawfully, or used or operated for purposes other than those authorized;

7. When the Secretary of State determines that an owner of a for-hire motor vehicle has failed to give proof of financial responsibility as required by this Act;

8. When the Secretary determines that the vehicle is not subject to or eligible for a registration;

9. When the Secretary determines that the owner of a vehicle registered under the mileage weight tax option fails to maintain the records specified by law, or fails to file the reports required by law, or that such vehicle is not equipped with an operable and operating speedometer or odometer;

10. When the Secretary of State is so authorized under any other provision of law;

11. When the Secretary of State determines that the holder of a disability parking decal or device has committed any offense under Chapter 11 of this Code involving the use of a disability parking decal or device.

(a-5) The Secretary of State may revoke a certificate of title and registration card and issue a corrected certificate of title and registration card, at no fee to the vehicle owner or lienholder, if there is proof that the vehicle identification number is erroneously shown on the original certificate of title.

(b) The Secretary of State may suspend or revoke the registration of a vehicle as follows:

1. When the Secretary of State determines that the owner of a vehicle has not paid a civil penalty or a settlement agreement arising from the violation of rules adopted under the Illinois Motor Carrier Safety Law or the Illinois Hazardous Materials Transportation Act or that a vehicle, regardless of ownership, was the subject of violations of these rules that resulted in a civil penalty or settlement agreement which remains unpaid.

2. When the Secretary of State determines that a vehicle registered for a gross weight of more than 16,000 pounds within an affected area is not in compliance with the provisions of Section 13-109.1 of the Illinois Vehicle Code.

3. When the Secretary of State is notified by the United States Department of Transportation that a vehicle is in violation of the Federal Motor Carrier Safety Regulations, as they are now or hereafter amended, and is prohibited from operating.

(c) The Secretary of State may suspend the registration of a vehicle when a court finds that the vehicle was used in a violation of Section 24-3A of the Criminal Code of 1961 or the Criminal Code of 2012 relating to gunrunning. A suspension of registration under this subsection (c) may be for a period of up to 90 days.

(d) The Secretary of State shall not renew the registration of a vehicle when the Illinois Commerce Commission finds that the registered owner of a vehicle used in violation of the Automated Traffic Control Systems in Highway Construction or Maintenance Zones Act: (1) has failed to pay any penalty due and owing as a result of 3 violations under the Automated Traffic Control Systems in Highway Construction or Maintenance Zones Act; or (2) is more than 30 calendar days in default of a payment plan. The Illinois Commerce Commission and the Secretary of State shall adopt rules to implement this subsection (d).

(Source: P.A. 97-540, eff. 1-1-12; 97-1150, eff. 1-25-13.)

(625 ILCS 5/11-605.1)

Sec. 11-605.1. Special limit while traveling through a highway construction or maintenance speed zone.

(a) A person may not operate a motor vehicle in a construction or maintenance speed zone at a speed in excess of the posted speed limit when workers are present.

(a-5) A person may not operate a motor vehicle in a construction or maintenance speed zone at a speed in excess of the posted speed limit when workers are not present.

(b) Nothing in this Chapter prohibits the use of electronic speed-detecting devices within 500 feet of signs within a construction or maintenance speed zone as defined by the Automated Traffic Control Systems in Highway Construction or Maintenance Zones Act. A violation incurred by use of electronic speed-detecting devices shall not constitute a first or subsequent violation of this Section for purposes of fines or driver's license suspensions indicating the zone, as defined in this Section, nor shall evidence obtained by use of those devices be inadmissible in any prosecution for speeding, provided the use of the device shall apply only to the enforcement of the speed limit in the construction or maintenance speed zone.

(c) As used in this Section, a "construction or maintenance speed zone" is an area in which the Department, Toll Highway Authority, or local agency has posted signage advising drivers that a construction or maintenance speed zone is being approached, or in which the Department, Authority, or local agency is preparing for construction or maintenance of the road, conducting construction or maintenance of the road, or removing construction or maintenance equipment and materials from the road, and has posted a lower speed limit with a highway construction or maintenance speed zone special speed limit sign after determining that the preexisting established speed limit through a highway construction or maintenance project is greater than is reasonable or safe with respect to the conditions expected to exist in the construction or maintenance speed zone.

If it is determined that the preexisting established speed limit is safe with respect to the conditions expected to exist in the construction or maintenance speed zone, additional speed limit signs which conform to the requirements of this subsection (c) shall be posted.

Highway construction or maintenance speed zone special speed limit signs shall be of a design approved by the Department. The signs must give proper due warning that a construction or maintenance speed zone is being approached and must indicate the maximum speed limit in effect. The signs also must state the amount of the potential fines minimum fine for a violation or automated violation.

(d) Except as provided under subsection (d-5), a person who violates this Section is guilty of a petty offense. Violations of this Section are punishable with a minimum fine of $250 for the first violation and a minimum fine of $750 for the second or subsequent violation.

(d-5) A person committing a violation of this Section is guilty of aggravated special speed limit while traveling through a highway construction or maintenance speed zone when he or she drives a motor vehicle at a speed that is:

(1) 26 miles per hour or more but less than 35 miles per hour in excess of the applicable special speed limit established under this Section or a similar provision of a local ordinance and is guilty of a Class B misdemeanor; or

(2) 35 miles per hour or more in excess of the applicable special speed limit established under this Section or a similar provision of a local ordinance and is guilty of a Class A misdemeanor.

(e) If a fine for a violation of this Section is $250 or greater, the person who violated this Section shall be charged an additional $125, which shall be deposited into the Transportation Safety Highway Hire-back Fund in the State treasury, unless (i) the violation occurred on a highway other than an interstate highway and (ii) a county police officer wrote the ticket for the violation, in which case the $125 shall be deposited into that county's Transportation Safety Highway Hire-back Fund. In the case of a second or subsequent violation of this Section, if the fine is $750 or greater, the person who violated this Section shall be charged an additional $250, which shall be deposited into the Transportation Safety Highway Hire-back Fund in the State treasury, unless (i) the violation occurred on a highway other than an interstate highway and (ii) a county police officer wrote the ticket for the violation, in which case the $250 shall be deposited into that county's Transportation Safety Highway Hire-back Fund.

(e-5) The Department of State Police and the local county police department have concurrent jurisdiction over any violation of this Section that occurs on an interstate highway.

(f) The Transportation Safety Highway Hire-back Fund, which was created by Public Act 92-619, shall continue to be a special fund in the State treasury. Subject to appropriation by the General Assembly and approval by the Secretary, the Secretary of Transportation shall use all moneys in the Transportation Safety Highway Hire-back Fund to hire off-duty Department of State Police officers to monitor construction or maintenance zones, and to provide additional policing as determined by the Director of State Police, in coordination with the Secretary of Transportation, including State Police cadet training.

(f-5) Each county shall create a Transportation Safety Highway Hire-back Fund. The county shall use the moneys in its Transportation Safety Highway Hire-back Fund to hire off-duty county police officers to monitor construction or maintenance zones in that county on highways other than interstate highways, and to provide additional policing as determined by the sheriff. The county, in its discretion, may also use a portion of the moneys in its Transportation Safety Highway Hire-back Fund to purchase equipment for county law enforcement and fund the production of materials to educate drivers on construction zone safe driving habits.

(f-10) Each local agency operating an automated control system under the Automated Traffic Control Systems in Highway Construction or Maintenance Zones Act may create a Transportation Safety Highway Hire-back Fund to hire off-duty law enforcement officers to monitor construction or maintenance zones within that agency's jurisdiction and provide additional policing within that agency's jurisdiction.

(g) For a second or subsequent violation of this Section within 2 years of the date of the previous violation, the Secretary of State shall suspend the driver's license of the violator for a period of 90 days. This suspension shall only be imposed if the current violation of this Section and at least one prior violation of this Section occurred during a period when workers were present in the construction or maintenance zone.

(Source: P.A. 98-337, eff. 1-1-14; 99-212, eff. 1-1-16; 99-280, eff. 1-1-16; 99-642, eff. 7-28-16.)

Section 20. The Automated Traffic Control Systems in Highway Construction or Maintenance Zones Act is amended by changing Sections 10, 15, 20, 25, 30, 35, and 40 as follows:

(625 ILCS 7/10)

Sec. 10. Establishment of automated traffic control systems. The Department of State Police or local agency with jurisdiction may establish and enforce an automated traffic control system in any construction or maintenance zone established by the Department of Transportation, or the Illinois State Toll Highway Authority, or a local agency with jurisdiction. The Department of State Police may enforce an automated traffic control system in any construction or maintenance zone established by a local agency with jurisdiction. The Department of State Police shall cease automated enforcement operations if the municipal chief of police with jurisdiction makes a written request to the Department of State Police. The Department of State Police shall cease automated enforcement operations in any unincorporated area of the county if the county sheriff with jurisdiction makes a written request to the Department of State Police. The Department of State Police or local agency shall operate a technically advanced system in terms of image or video recording capabilities in combination with vehicle detection sensors. No automated traffic control system shall be established or operated under this Section unless approved by the Secretary of Transportation. The Department of State Police and the Department of Transportation shall create rules for the establishment, compatibility, operation, transmission of data, and enforcement of an automated traffic control system under this Act. The Department of State Police shall review and send notice of any violation of this Act. The Department of State Police shall be responsible for entering into contracts with vendors for the establishment, maintenance, and operation of the automated traffic control system. All contracts shall be paid from the penalties collected under this Act before any other funds are distributed. A local agency with jurisdiction seeking to utilize an automated traffic control system shall enter into an intergovernmental agreement with the Department of State Police to sub-lease the equipment. The Department of State Police shall review all the evidence of potential violations, make violation determinations, and send out all notices of violations. An automated traffic control system may operate only during those periods when workers are present in the construction or maintenance zone. In any prosecution based upon evidence obtained through an automated traffic control system established under this Act, the State must prove that one or more workers were present in the construction or maintenance zone when the violation occurred.

(Source: P.A. 93-947, eff. 8-19-04; 94-757, eff. 5-12-06; 94-814, eff. 1-1-07.)

(625 ILCS 7/15)

Sec. 15. Definitions. As used in this Act:

(a) "Automated traffic control system" means any system with image or video recording capabilities in combination with vehicle detection sensors that accurately measures a vehicle's speed while recording a clear image or video of the vehicle and the vehicle's front and rear registration plates while the driver is violating Section 20 of this Act. Each system shall also attempt to capture the image of the face of the driver to assist the owners of the vehicle in identifying the person driving the vehicle at the time of the violation. The image of the face of the driver is not necessary for the issuance of a Notice of Violation under Section 30 of this Act. a photographic device, radar device, laser device, or other electrical or mechanical device or devices designed to record the speed of a vehicle and obtain a clear photograph or other recorded image of the vehicle, the vehicle operator, and the vehicle's registration plate while the driver is violating Section 11-605.1 of the Illinois Vehicle Code. The photograph or other recorded image must also display the time, date, and location of the violation. A law enforcement officer is not required to be present or to witness the violation.

(b) "Construction or maintenance zone" means an area in which the Department of Transportation, or the Illinois State Toll Highway Authority, or local agency with jurisdiction is preparing for construction or maintenance of the road, conducting construction or maintenance of the road, or removing construction or maintenance equipment and materials from the road, and has determined that the preexisting established speed limit through a highway construction or maintenance project is greater than is reasonable or safe with respect to the conditions expected to exist in the construction or maintenance zone and has posted a lower speed limit with a highway construction or maintenance zone special speed limit sign in accordance with Section 11-605.1 of the Illinois Vehicle Code. Unless a road or highway remains in an unsafe or hazardous condition, including, but not limited to, lane closures, traffic alterations, or other alterations impacting normal driving conditions, no automated enforcement shall occur in a construction or maintenance zone if construction work has not occurred in the previous 48 hours or more.

"Local agency with jurisdiction" means the municipality or county establishing a construction or maintenance zone under this Act. Local agency enforcement is limited to all or any portion of a State highway or road where speed limits exceed 45 miles per hour before establishment of a construction or maintenance zone. Local agency enforcement for a county is limited to an unincorporated area of the county.

(c) "Owner" means the person or entity to whom the vehicle is registered.

(Source: P.A. 93-947, eff. 8-19-04.)

(625 ILCS 7/20)

Sec. 20. Civil violation; penalties; vehicle registration non-renewal Penalties.

(a) A motor vehicle may not operate in a construction or maintenance zone at a speed in excess of the posted speed limit. The registered owner of a motor vehicle operated in violation of this Section when the violation is recorded by an automated traffic control system shall be subject to the following penalties:

(1) if the recorded speed is less than 10 miles per hour over the posted speed limit, a civil penalty may not be imposed under this Act; however, the Department of State Police may send a speed violation warning notice to the registered owner of the vehicle, in the same manner that a Notice of Violation is sent under this Act;

(2) if the recorded speed is at least 10 miles per hour but less than 20 miles per hour over the posted speed limit, a civil penalty of $50 is imposed, and if the penalty is not paid in a timely manner an additional penalty of $50 is imposed; or

(3) if the recorded speed is 20 miles per hour or more over the posted speed limit, a civil penalty of $100 is imposed, and if the penalty is not paid in a timely manner an additional penalty of $100 is imposed.

(b) A violation of this Section is a civil penalty, and not a violation of a traffic regulation governing the movement of vehicles and may not be recorded on the driving record of the owner of the vehicle.

(c) In addition to the penalties imposed under this Section, the Secretary of State shall not renew the vehicle registration of the registered owner of a vehicle operated in violation of this Section, if the Illinois Commerce Commission finds that the owner: (1) has failed to pay any penalty due and owing as a result of 3 violations of this Section; or (2) is more than 30 calendar days in default of a payment plan. The Illinois Commerce Commission and the Secretary of State shall adopt rules to implement this Section.

(d) Forty percent of the penalties collected under an automated traffic control system established by a local agency that enters into an intergovernmental agreement with the Department of State Police shall be deposited as follows: 20% into the Traffic and Criminal Conviction Surcharge Fund for use in law enforcement training and 20% into the State Police Operations Assistance Fund.

(d-5) Forty percent of the penalties collected under an automated traffic control system established by the Department of State Police, the Department of Transportation, or the Illinois State Toll Highway Authority, shall be deposited into the State Police Merit Board Public Safety Fund for distribution under Section 7.2 of the State Police Act.

(e) Ten percent of the penalties collected under an automated traffic control system established by the Department of State Police, the Department of Transportation, or the Illinois State Toll Highway Authority, shall be deposited into the State Transportation Safety Highway Hire-back Fund. All moneys deposited into the State Transportation Safety Highway Hire-back Fund from funds collected under an automated traffic control system established by the Illinois State Toll Highway Authority shall be used exclusively for policing expenditures on State tollways. Ten percent of the penalties collected under an automated traffic control system established by a local agency with jurisdiction shall be deposited as follows: 5% into the Transportation Safety Highway Hire-back Fund of the local agency with jurisdiction, if a fund exists, and 5% into the State Transportation Safety Highway Hire-back Fund. If the local agency with jurisdiction does not have a Transportation Safety Highway Hire-back Fund, then 10% of the penalties collected under an automated traffic control system established by a local agency with jurisdiction shall be deposited into the State Transportation Safety Highway Hire-back Fund. The funds deposited into the State Transportation Safety Highway Hire-back Fund or the Transportation Safety Highway Hire-back Fund of the local agency with jurisdiction under this subsection (e) shall be used to hire off-duty Department of State Police or local agency officers to monitor construction or maintenance zones and provide for additional policing. The Department of State Police may recover, and deposit into the State Police Operations Assistance Fund, enforcement and administrative costs from enforcement penalties collected under this Act, but the amount collected shall not exceed 20% of the total penalties collected under this Act. A local agency with jurisdiction may establish a Safety Highway Hire-back Fund to receive revenues under this Section. The Department of State Police shall adopt rules to implement this subsection (e).

(e-5) Twenty percent of the penalties collected under an automated traffic control system shall be deposited into the Road Fund and used exclusively for driver education or work zone safety awareness; or into the State Transportation Hire-back Fund and used exclusively for roads and highways under the jurisdiction of the Department of Transportation.

(e-7) Ten percent of all penalties collected under this Act shall be deposited into the Transportation Regulatory Fund and may be used by the Illinois Commerce Commission for administrative, enforcement, and adjudicatory purposes.

(f) The Department of State Police and the Department of Transportation shall jointly conduct an annual statistical analysis to assess the safety impact of the system. The statistical analysis shall be based upon the best available crash, traffic, and other data, and shall cover a period of time before and after the installation of the system sufficient to provide a statistically valid comparison of the safety impact. The statistical analysis required by this subsection (f) shall be made available to the public and shall be published on the websites of the Department of State Police and the Department of Transportation.

(g) The Illinois Commerce Commission and Department of State Police shall adopt rules for collection of penalties, conduct of administrative proceedings, and other rules necessary to implement this Act. The rules adopted must allow for a 60-day period to pay a penalty or challenge each attested Notice of Violation. The penalties for and consequences of a traffic violation recorded by an automated traffic control system are the same as for any similar violation of the Illinois Vehicle Code.

(Source: P.A. 93-947, eff. 8-19-04.)

(625 ILCS 7/25)

Sec. 25. Limitations on the use of automated traffic control enforcement systems.

(a) The Department of State Police or local agency with jurisdiction must conduct a public information campaign to inform drivers about the use of automated traffic control systems in highway construction or maintenance zones, including but not limited to speed restrictions under Sections 11-601.5 and 11-605.1 of the Illinois Vehicle Code and penalties for injuring or killing a worker in a highway construction or maintenance zone under Section 11-908 of the Illinois Vehicle Code before establishing any of those systems. The Department of State Police shall adopt rules for implementing this subsection (a).

(b) Signs indicating that speeds are enforced by automated traffic control systems must be clearly and conspicuously posted not more than 500 feet before a construction or maintenance zone and not more than 500 feet before an automated traffic control system. Signs indicating the end of a construction or maintenance zone utilizing an automated traffic control system must be clearly and conspicuously posted in the areas where the systems are in use.

(c) Operation of automated traffic control systems is limited to established areas where road construction or maintenance zones is occurring.

(d) Photographs or other recorded images obtained in this manner may only be used as evidence in relation to a violation of this Act or Section 11-605.1 of the Illinois Vehicle Code for which the photograph is taken. For the purposes of this Act, the The photographs or other recorded images are available only to the owner of the vehicle, the driver of the vehicle, the lessee of the vehicle, the offender and the offender's attorney of the owner or driver or lessee, hearing officer, relevant Secretary of State or Illinois Commerce Commission personnel the judiciary, the local State's Attorney, and law enforcement officials.

(e) (Blank). If the driver of the vehicle cannot be identified through the photograph, the owner is not liable for the fine, and the citation may not be counted against the driving record of the owner. If the driver can be identified, the driver is liable for the fine, and the violation is counted against his or her driving record.

(Source: P.A. 93-947, eff. 8-19-04.)

(625 ILCS 7/30)

Sec. 30. Requirements for issuance of a Notice of Violation citation.

(a) The vehicle, vehicle operator, vehicle registration plate, speed, date, time, and location must be clearly visible on the photograph or other recorded image of the alleged violation. The Department of State Police must review and approve the photograph or other recorded image for compliance with this subsection. The Department of State Police shall adopt rules for: (1) coordination of enforcement efforts with State agencies, local agencies with jurisdiction, the Illinois Commerce Commission, and the Secretary of State; (2) notices to motorists; and (3) review and approval of photographs or other recorded images from automated traffic control systems established by the Department or a local agency with jurisdiction. The rules may provide that the review and approval of the photograph or other recorded image under this subsection may be conducted by a Department employee other than a sworn law enforcement officer.

(b) A Notice of Violation Uniform Traffic Citation must be mailed by first class United States mail with postage prepaid or otherwise delivered to the registered owner of the vehicle . If mailed, the citation must be sent via certified mail within 14 business days of the alleged violation, return receipt requested.

(c) The Notice of Violation Uniform Traffic Citation must include:

(1) the name and address of the vehicle owner;

(2) the registration number of the vehicle;

(3) the violation offense charged;

(4) the time, date, and location of the violation;

(5) (blank) the first available court date; and

(6) notice that the basis of the violation citation is the photograph or recorded image from the automated traffic control system; .

(7) a copy of the recorded image or images and a statement that the violation occurred in a construction or maintenance zone, as defined by Section 15 of this Act;

(8) the amount of the civil penalty imposed and the date by which the civil penalty should be paid;

(9) a statement that recorded images are evidence of a violation of a speed restriction;

(10) a warning that failure to pay the civil penalty in a timely manner is an admission of liability and may result in the non-renewal of the vehicle registration of the owner of the vehicle;

(11) a statement that the person may elect to proceed by:

(A) paying the fine;

(B) challenging the charge by mail or by administrative hearing; or

(C) challenging the charge by any administrative rule adopted by the Illinois Commerce Commission under this Act; and

(12) a website address where the owner may view the recorded images of the violation.

(d) The Notice of Violation Uniform Traffic Citation issued to the owner violator must be a single sheet. accompanied by a written document that lists the violator's rights and obligations and explains how the violator can elect to proceed by either paying the fine or challenging the issuance of the The written document must also include on the backside of the sheet information on penalties for injuring or killing a worker in a highway construction or maintenance zone Uniform Traffic Citation.

(Source: P.A. 93-947, eff. 8-19-04; 94-757, eff. 5-12-06; 94-814, eff. 1-1-07.)

(625 ILCS 7/35)

Sec. 35. Response to issuance of a Notice of Violation citation.

(a) If a A person issued a Notice of Violation citation under this Act (1) has failed to pay any penalty due and owing as a result of 3 violations under the Automated Traffic Control Systems in Highway Construction or Maintenance Zones Act; or (2) is more than 30 calendar days in default of a payment plan, the Secretary of State shall not renew the registration of the owner of the vehicle. The Secretary of State shall adopt rules to implement this Section may respond to the citation in person or by any method allowed by law.

(b) (Blank). If the driver of the vehicle cannot be identified through the photograph or other recorded image, the owner is not liable for the fine.

(c) The Illinois Commerce Commission shall establish an administrative process to carry out this Section and shall adopt rules to allow for coordination with the Department of State Police, the Secretary of State, other State agencies, and local agencies with jurisdiction to enforce this Section. The rules adopted shall not allow for less than 60 days for a vehicle owner to either pay the violation or challenge the violation by mail, administrative hearing, or any other procedure established by rule. The rules shall provide a process by which a vehicle owner may transfer liability for a violation under this Act to the driver of the owner's vehicle and a process by which a lessor may transfer liability for a violation under this Act to the lessee of the lessor's vehicle.

(d) In an administrative proceeding challenging the violation, the hearing officer may consider in defense of a violation:

(1) that the motor vehicle or registration plate of the motor vehicle were stolen before the violation occurred and were not under the control of or in the possession of the owner at the time of the violation;

(2) that the driver or owner of the motor vehicle received a Uniform Traffic Citation from a law enforcement officer for a speed violation occurring within one-eighth of a mile and within 15 minutes of the violation recorded by the automated traffic control system;

(3) that the owner or lessor of the vehicle has transferred liability to the driver;

(4) that clear and conspicuous signs were not displayed at the construction or maintenance zone;

(5) that the Department of Transportation, Illinois State Toll Highway Authority, or local agency with jurisdiction did not properly establish a construction or maintenance zone as defined under Section 15 of this Act; or

(6) any other evidence or issues allowed by administrative rule adopted under this Act.

(Source: P.A. 93-947, eff. 8-19-04.)

(625 ILCS 7/40)

Sec. 40. Admissibility of recorded images. Any Except as provided in Section 45, any photograph or other recorded image evidencing a violation of this Act or Section 11-605.1 of the Illinois Vehicle Code is admissible in any proceeding resulting from the issuance of the Notice of Violation under this Act or Uniform Traffic Citation under Section 11-605.1 of the Illinois Vehicle Code. For the purposes of this Act, photographs Photographs or other recorded images made by an automated automatic traffic control system are confidential and shall be made available only to those persons provided for under subsection (d) of Section 25 of this Act the defendant and to governmental or law enforcement agencies within the jurisdiction for the purposes of adjudicating a driving violation.

(Source: P.A. 93-947, eff. 8-19-04.)

(625 ILCS 7/45 rep.)

Section 25. The Automated Traffic Control Systems in Highway Construction or Maintenance Zones Act is amended by repealing Section 45.