SB2103sam001 97TH GENERAL ASSEMBLY

Sen. Martin A. Sandoval

Filed: 3/9/2011

09700SB2103sam001 LRB097 10200 HEP 51346 a

AMENDMENT TO SENATE BILL 2103

AMENDMENT NO. ______. Amend Senate Bill 2103 by replacing everything after the enacting clause with the following:

"Section 5. The Illinois Vehicle Code is amended by changing Sections 11-612 and 12-610.5 as follows:

(625 ILCS 5/11-612)

Sec. 11-612. Certain systems to record vehicle speeds prohibited. Except as authorized in the Automated Traffic Control Systems in Highway Construction, or Maintenance, or High-Fatality Zones Act, no photographic, video, or other imaging system may be used in this State to record vehicle speeds for the purpose of enforcing any law or ordinance regarding a maximum or minimum speed limit unless a law enforcement officer is present at the scene and witnesses the event. No State or local governmental entity, including a home rule county or municipality, may use such a system in a way that is prohibited by this Section. The regulation of the use of such systems is an exclusive power and function of the State. This Section is a denial and limitation of home rule powers and functions under subsection (h) of Section 6 of Article VII of the Illinois Constitution.

(Source: P.A. 94-771, eff. 1-1-07; 94-795, eff. 5-22-06; 94-814, eff. 1-1-07.)

(625 ILCS 5/12-610.5)

Sec. 12-610.5. Registration plate covers.

(a) In this Section, "registration plate cover" means any tinted, colored, painted, marked, clear, or illuminated object that is designed to:

(1) cover any of the characters of a motor vehicle's registration plate; or

(2) distort a recorded image of any of the characters of a motor vehicle's registration plate recorded by an automated traffic law enforcement system as defined in Section 11-208.6 of this Code or recorded by an automated traffic control system as defined in Section 15 of the Automated Traffic Control Systems in Highway Construction, or Maintenance, or High-Fatality Zones Act.

(b) It shall be unlawful to operate any motor vehicle that is equipped with registration plate covers.

(c) A person may not sell or offer for sale a registration plate cover.

(d) A person may not advertise for the purpose of promoting the sale of registration plate covers.

(e) A violation of this Section or a similar provision of a local ordinance shall be an offense against laws and ordinances regulating the movement of traffic.

(Source: P.A. 96-328, eff. 8-11-09.)

Section 10. The Automated Traffic Control Systems in Highway Construction or Maintenance Zones Act is amended by changing Sections 1, 5, 10, 15, 25, and 30 and by adding Section 50 as follows:

(625 ILCS 7/1)

Sec. 1. Short title. This Act may be cited as the Automated Traffic Control Systems in Highway Construction, or Maintenance, or High-Fatality Zones Act.

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

(625 ILCS 7/5)

Sec. 5. Purpose. The purpose of this Act is to increase safety in highway construction, or maintenance, or high-fatality zones.

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

(625 ILCS 7/10)

Sec. 10. Establishment of automated control systems. The Department of State Police may establish an automated traffic control system in any construction, or maintenance, or high-fatality zone established by the Department of Transportation or the Illinois State Toll Highway Authority. An automated traffic control system in a construction or maintenance zone 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 a photographic device, radar device, laser device, or other electrical or mechanical device or devices installed in a construction, maintenance, or high-fatality zone 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 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.

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

(d) "High-fatality zone" means an area in which the Department of Transportation or the Illinois State Toll Highway Authority has determined that the number of fatal accidents which have occurred in the area is such that an automated speed enforcement system is warranted.

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

(625 ILCS 7/25)

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

(a) The Department of State Police must conduct a public information campaign to inform drivers about the use of automated traffic control systems in highway construction, or maintenance, or high-fatality zones before establishing any of those systems. The information campaign must provide 30 days' notice of the use of a new automated traffic control system prior to the issuance of any citations through the automated traffic control system. 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 posted in the areas where the systems are in use. The signs shall contain the amount of the fine for a violation.

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

(d) Photographs obtained in this manner may only be used as evidence in relation to a violation of Section 11-605.1 of the Illinois Vehicle Code for which the photograph is taken. The photographs are available only to the owner of the vehicle, the offender and the offender's attorney, the judiciary, the local State's Attorney, and law enforcement officials.

(e) 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 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.

(b) A Uniform Traffic Citation must be mailed 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 Uniform Traffic Citation must include:

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

(2) the registration number of the vehicle;

(3) the offense charged;

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

(5) the first available court date; and

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

(7) a copy of the recorded image or images.

(d) The Uniform Traffic Citation issued to the violator must be 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 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 7/50 new)

Sec. 50. Construction of Act. If any Section, sentence, clause, or part of this Act is for any reason held to be unconstitutional, such decision shall not affect the remaining portions of this Act. The General Assembly hereby declares that it would have passed this Act, and each Section, sentence, clause, or part thereof, irrespective of the fact that one or more Sections, sentences, clauses, or parts might be declared unconstitutional.".