HB1910ham001 96TH GENERAL ASSEMBLY

Rep. Daniel V. Beiser

Filed: 4/29/2009

09600HB1910ham001 LRB096 05151 AJT 25829 a

AMENDMENT TO HOUSE BILL 1910

AMENDMENT NO. ______. Amend House Bill 1910 by replacing everything after the enacting clause with the following:

"Section 1. Short title. This Act may be cited as the Automated Speed Enforcement Act.

Section 5. Purpose. The purpose of this Act is to enhance the safety of the travelling public.

Section 10. Definitions. As used in this Act:

(a) "Automated speed enforcement system" means a photographic device, radar device, laser device, or other electrical or mechanical device or devices designed to record a violation of Section 11-601(b) of the Illinois Vehicle Code and obtain a clear photograph or other recorded image of the vehicle and the vehicle's registration plate.

(b) "Automated speed enforcement violation" or "violation" means a violation of Section 11-601(b) of the Illinois Vehicle Code that is recorded by an automated speed enforcement system.

(c) "Department" means the Department of Transportation.

(d) "Vehicle owner" means the person or entity to whom the vehicle is registered with the Secretary of State.

(e) "System" means an automated speed enforcement system.

Section 15. Establishment of an automated speed enforcement pilot program.

(a) The Department shall establish an automated speed enforcement pilot program in St. Clair county.

(b) The Department shall install the automated speed enforcement systems on the Martin Luther King Bridge and the immediate approach thereto located in St. Clair county.

(c) The Department shall contract with a private entity to provide for the installation, maintenance, and operation of systems and the implementation and administration of the pilot program.

Section 17. Automated speed enforcement violations.

(a) An automated speed enforcement violation is not a violation of a traffic regulation governing the movement of vehicles and may not be recorded on the driving record of the vehicle owner.

(b) Unless the driver of a vehicle was cited by a law enforcement officer at the time of an automated speed enforcement violation and received a uniform traffic citation, the vehicle owner is subject to a civil penalty, plus an additional penalty for failure to pay the original penalty in a timely manner.

(c) A law enforcement officer is not required to be present or to witness the violation.

Section 18. System Requirements.

(a) The Department shall employ only those systems capable of recording the speed, date, time, and location of a vehicle committing a violation.

(b) The Department shall employ only those systems capable of producing a photograph or other recorded image of a vehicle committing a violation in which the vehicle and the vehicle's registration plate are clearly visible.

(c) The photograph or other recorded image must display the date, time, speed, and location of a vehicle committing a violation.

Section 20. Deposits. All moneys paid as civil penalties for automated speed enforcement violations shall be deposited into the Automated Speed Enforcement Fund, which is hereby created as a special fund in the State Treasury, for the administration of the automated speed enforcement pilot program. All remaining amounts shall be deposited into the Road Fund.

Section 25. Mandatory public information campaign. The Department, with or without the assistance of a private entity, must conduct a public information campaign to inform drivers about the use of automated speed enforcement systems prior to the establishment of the automated speed enforcement pilot program.

Section 30. Signage. A location that is equipped with an automated speed enforcement system must be posted with a sign visible to approaching traffic one-half mile before the location that the location is being monitored by an automated speed enforcement system.

Section 35. Confidentiality. Any photograph or recorded image made by an automated speed enforcement system is confidential and shall be made available only to the vehicle owner and governmental and law enforcement agencies for the purposes of adjudicating a violation, for statistical purposes, or for other governmental purposes. Any photograph or recorded image made by an automated speed enforcement system evidencing a violation, however, may be admissible in any proceeding to adjudicate the violation.

Section 40. Issuance of the notice of a violation.

(a) For each violation, the Department shall issue a written notice of violation to the vehicle owner. The notice shall be delivered to the vehicle owner within 30 days after the Secretary of State notifies the Department of the identity of the vehicle owner, but in no event later than 90 days after the violation.

(b) The notice of violation must include:

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

(2) the registration number of the vehicle;

(3) the violation charged;

(4) the speed of the vehicle;

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

(6) notice that the basis of the violation is a photograph or recorded image made by an automated speed enforcement system;

(7) a copy of the photograph or recorded image made by the system;

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

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

(10) information regarding the manner in which and the time and place that the violation may be contested.

(c) The notice of violation must be accompanied by a written statement that lists the vehicle owner's rights, obligations, and allowable defenses and explains how the vehicle owner can elect to proceed by either paying the civil penalty or contesting liability for the civil penalty.

(d) The Department shall retain a copy of all violation notices, electronically or otherwise.

Section 45. Response to issuance of a notice of violation.

A person issued a notice of violation under this Act may respond to the notice by any method allowed by Section 50 of this Act.

Section 50. Administrative adjudication of violations.

(a) The Department shall provide for a system of administrative adjudication of automated speed enforcement system violations. The system of administrative adjudication shall have as its purpose the fair and efficient enforcement of automated speed enforcement systems. The system of administrative adjudication shall only have the authority to adjudicate a violation carrying a civil penalty not in excess of $250.

(b) The system of administrative adjudication shall provide for:

(1) procedures for payment of and contesting liability for civil penalties for violations.

(2) notice and delivery of violations in accordance with Section 40 of this Act.

(3) retention of records in accordance with Section 40 of this Act.

(4) a determination made by a technician employed or contracted by the Department that, based on inspections of photographs, images, and other information recorded by the systems, that the vehicle committed a violation.

(5) collection of moneys paid as civil penalties.

(6) a list of allowable defenses.

(7) the processing and delivery of notices required by this Act and Section 3-704.3 of the Illinois Vehicle Code.

(8) an opportunity for a hearing for the vehicle owner cited in the violation notice in which the vehicle owner may contest the merits of the alleged violation, and during which formal or technical rules of evidence shall not apply; provided, however, that the lessee of a vehicle cited in the violation notice likewise shall be provided an opportunity for a hearing of the same kind afforded the vehicle owner. The hearings shall be recorded, and the hearing officer shall be empowered to administer oaths and to secure by subpoena both the attendance and testimony of witnesses and the production of relevant books and papers. Persons appearing at a hearing under this Section may be represented by counsel at their expense. The system of administrative adjudication may also provide for internal administrative review following the decision of the hearing officer.

(9) delivery of additional notices, sent by first class United States mail, postage prepaid, to the address of the vehicle owner of the cited vehicle, or, if any notice to that address is returned as undeliverable, to the last known address recorded in a United States Post Office approved database, or to the lessee of the cited vehicle at the last address known to the lessor of the cited vehicle at the time of lease or, if any notice to that address is returned as undeliverable, to the last known address recorded in a United States Post Office approved database. The delivery shall be deemed complete as of the date of deposit in the United States mail. The notices shall be in the following sequence and shall include but not be limited to the information specified herein:

(A) A second notice of violation. The second notice of violation shall include, without limitation, the date of delivery of the first notice of violation described in Section 40 of this Act and each disclosure contained in the first notice of violation described in Section 40 of this Act. The second notice of violation shall also state that failure either to pay the indicated penalty or to appear at a hearing on the merits in the time and manner specified, will result in a final determination of violation liability in the amount of the penalty indicated, and that, upon the occurrence of a final determination of violation liability for the failure, and the exhaustion of, or failure to exhaust, available administrative or judicial procedures for review, any unpaid penalty will constitute a debt due and owing the Department.

(B) A notice of final determination of automated speed enforcement violation liability. The notice shall be sent following a final determination of automated speed enforcement violation liability and the exhaustion of or failure to exhaust any administrative procedures. The notice shall state that the unpaid civil penalty is a debt due and owing the Department. The notice shall contain warnings that failure to pay any civil penalty due and owing the Department within the time specified may result in the Department filing of a petition in the Circuit Court to have the unpaid civil penalty rendered a judgment as provided by this Section, or may result in suspension of the vehicle registration under Section 6-704.3 of the Illinois Vehicle Code for failure to pay 3 or more automated speed enforcement violations.

(10) A Notice of impending registration suspension. The notice shall be sent to the person liable for any civil penalty that remains due and owing on 3 or more automated speed enforcement violations. The notice shall state that failure to pay the civil penalty owing within 45 days of the notice's date will result in the Department notifying the Secretary of State that the person is eligible for initiation of suspension proceedings under Section 6-704.3 of the Illinois Vehicle Code. The notice shall also state that the person may obtain a copy of the first violation notice described in Section 40 of this Act by sending a self addressed, stamped envelope to the Department along with a request for the copy. The notice of impending registration suspension shall be sent by first class United States mail, postage prepaid, to the address recorded with the Secretary of State or, if any notice to that address is returned as undeliverable, to the last known address recorded in a United States Post Office approved database.

(11) final determinations of automated speed enforcement violation liability. A final determination of automated speed enforcement violation liability shall occur following failure to pay the civil penalty after a hearing officer's determination of violation liability and the exhaustion of or failure to exhaust any administrative review procedures. Where a person fails to appear at a hearing to contest the alleged violation in the time and manner specified in a prior mailed notice, the hearing officer's determination of violation liability shall become final:

(A) upon denial of a timely petition to set aside that determination; or

(B) upon expiration of the period for filing the petition to set aside that determination without a filing having been made.

(12) a petition to set aside a determination of an automated speed enforcement violation liability that may be filed by a person owing an unpaid civil penalty. The petition shall be filed with and ruled upon by the Department in the manner and within the time specified by rule. After the determination of an automated speed enforcement violation liability has been set aside upon a showing of just cause, the vehicle owner shall be provided with a hearing on the merits for that violation. The grounds for the petition shall be limited to:

(A) the person not having been the vehicle owner or lessee of the cited vehicle on the date the violation notice was issued;

(B) the person having already paid the civil penalty for the violation in question; and

(C) excusable failure to appear at or request a new date for a hearing.

(13) procedures for non residents. The Department shall adopt procedures by which persons who are not residents of the State may contest the merits of the alleged violation without attending a hearing in person.

(14) a schedule of civil civil penalties for automated speed enforcement violations and a schedule of additional penalties for failure to pay the original penalties in a timely manner; provided, however, that the total amount of the penalties shall not exceed $250, unless the driver of a vehicle was cited by a law enforcement officer at the time of the violation and received a uniform traffic citation.

(c) Judicial review of final determinations of automated speed enforcement violations shall be subject to the provisions of the Administrative Review Law.

(d) Any civil penalty, or part of any civil penalty remaining unpaid after the exhaustion of, or the failure to exhaust, administrative remedies created by this Act and the conclusion of any applicable judicial review procedures shall be a debt due and owing to the Department and, as such, may be collected in accordance with applicable law. Payment in full of any civil penalty resulting from an automated speed enforcement violation shall constitute a final disposition of the violation.

(e) After the expiration of the period within which judicial review may be sought for a final determination of automated speed enforcement violation, the Department may commence a proceeding in the Circuit Court for purposes of obtaining a judgment on the final determination of violation. Nothing in this Section shall prevent a Department from consolidating multiple final determinations automated speed enforcement violations against a person in a proceeding. Upon commencement of the action, the Department shall file a certified copy or record of the final determination of automated speed enforcement violation, which shall be accompanied by a certification that recites facts sufficient to show that the final determination of violation was issued in accordance with this Act. Service of the summons and a copy of the petition may be by any method provided by Section 2-203 of the Code of Civil Procedure or by certified mail, return receipt requested, provided that the total amount of fines and penalties for final determinations of automated traffic enforcement violations does not exceed $250.00. If the court is satisfied that the final determination of automated speed enforcement violation was entered in accordance with the requirements of this Section, and that the vehicle owner or the lessee, as the case may be, had an opportunity for an administrative hearing and for judicial review as provided in this Section, the court shall render judgment in favor of the Department and against the vehicle owner or the lessee for the amount indicated in the final determination of automated speed enforcement violation, plus costs. The judgment shall have the same effect and may be enforced in the same manner as other judgments for the recovery of money.

Section 55. Identification of a renter or lessee.

(a) A notice of violation issued under this Act to a motor vehicle rental or leasing company shall be dismissed with respect to the motor vehicle rental or leasing company if:

(1) the company responds to the notice of violation by submitting, within 30 days of the mailing of the citation, an affidavit of non-liability stating that, at the time of the alleged violation, the vehicle was in the custody and control of a renter or lessee under the terms of a rental agreement or lease; and

(2) the company provides the driver's license number, name, and address of the renter or lessee.

(b) A notice of violation dismissed with respect to a motor vehicle rental or leasing company in accordance with subsection (a) may then be issued and delivered by mail or other means to the renter or lessee identified in the affidavit of non liability.

Section 60. Semi-annual reporting requirement.

(a) The Department shall report to the General Assembly on the automated speed enforcement pilot program by January 1, 2011 and every 6 months thereafter. The report shall, at a minimum, include:

(1) A specific description of the exact location of the systems;

(2) In the event any systems were removed or relocated, a specific description of the exact location in which the systems were formerly located;

(3) The criterion adopted by the Department to determine where to install the systems;

(4) In the event any systems were removed or relocated, the specific reason or reasons why the Department decided to remove or relocate the systems;

(5) Fatality and crash data for each location equipped with a system;

(6) The name, address, company history, and finances of the private entity contracted by the Department pursuant to Section 15 of this Act;

(7) The total cost of administering the pilot program, including all moneys paid to the private entity contracted by the Department;

(8) The total amount of moneys, to date, deposited into the Automated Speed Enforcement Fund described in Section 20 of this Act;

(9) The total amount of moneys, to date, transferred into the Road Fund pursuant to Section 20 of this Act;

(10) The qualifications of the technicians employed or contracted by the Department or a private entity having a contract with the Department that inspect photographs, images, and other information recorded by the system pursuant to Section 50 of this Act;

(11) The average number of violations recorded by the system per hour, per day, and per month; and

(12) A survey of automated speed enforcement laws and programs enacted or implemented in other states.

(b) The private entity contracted by the Department pursuant to Section 15 of this Act is mandated to cooperate with the Department in the preparation of this report.

Section 65. The Department may promulgate rules to carry out its duties under this Act.

Section 70. Repeal. This Act is repealed on January 1, 2013.

Section 905. The State Finance Act is amended by adding Section 5.719 as follows:

(30 ILCS 105/5.719 new)

Sec. 5.719. The Automated Speed Enforcement Fund.

Section 910. The Illinois Vehicle Code is amended by adding Section 3-704.3 and by changing Sections 11-612 and 11-1302 as follows:

(625 ILCS 5/3-704.3 new)

Sec. 3-704.3. Failure to satisfy civil penalties for automated speed enforcement violations.

(a) Upon receipt of a certified report, as described in this Section, from the Department stating that the owner of a registered vehicle failed to pay any civil penalty due and owing as a result of 3 offenses for automated speed enforcement system violations pursuant to the Automated Speed Enforcement Act, the Secretary may suspend the vehicle registration of the person in accordance with the procedures set forth in this Section.

(b) Following receipt of the certified report, as described in this Section, the Secretary shall notify the person whose name appears on the certified report that the vehicle owner's registration will be suspended at the end of a specified period unless the Secretary is presented with a notice from the Department certifying that the civil penalties owing the Department have been satisfied or that inclusion of that person's name on the certified report was in error. The Secretary's notice shall state in substance the information contained in the Department's certified report to the Secretary, and shall be effective as specified by subsection (c) of Section 6-211 of this Code. The notice must be given in writing by certified mail, return receipt requested, and is effective on the date listed in the notice of suspension, except that the notice is not effective until 4 days after the date on which the notice was deposited into the United States mail. The notice becomes effective 4 days after its deposit into the United States mail regardless of whether the Secretary receives the return receipt and regardless of whether the written notification is returned for any reason to the Secretary as undeliverable.

(c) The Department's report notifying the Secretary of unsatisfied civil penalties shall be certified and shall contain the following:

(1) The name, last known address, and the registration number of the vehicle of the person who failed to satisfy the civil penalties.

(2) A statement that, pursuant to Section 50 of the Automated Speed Enforcement Act, the Department sent a notice of an impending vehicle registration suspension to the person named in the report at the address recorded with the Secretary; the date on which the notice was sent; and the address to which the notice was sent.

(d) The Department, after making a certified report as described in this Section, shall notify the Secretary, on a form prescribed by the Secretary, whenever a person named in the certified report has paid the previously reported civil penalties or whenever the Department determines that the original report was in error. A certified copy of the notification shall also be given upon request and at no additional charge to the person named therein. Upon receipt of the Department's notification or presentation of a certified copy of the notification, the Secretary shall terminate the suspension.

(e) The Department shall, by rule, establish procedures for persons to challenge the accuracy of the certified report made pursuant to this Section. The Department shall also, by rule, establish allowable grounds for a challenge, which may be limited to:

(1) the person not having been the owner or lessee of the vehicle or vehicles receiving 3 or more automated speed enforcement violations on the date or dates the notices were issued; or

(2) the person having already paid the civil penalties for the 3 or more automated speed enforcement violations indicated on the certified report.

(f) A person may request an administrative hearing to contest an impending suspension or a suspension made pursuant to this Section upon filing a written request with the Secretary. The filing fee for this hearing is $20, to be paid at the time of the request. The Department shall reimburse the Secretary for all reasonable costs incurred by the Secretary as a result of the filing of a certified report pursuant to this Section, including, but not limited to, the costs of providing notice required pursuant to subsection (b) and the costs incurred by the Secretary in any hearing conducted with respect to the report pursuant to this subsection and any appeal from that hearing.

(g) The Secretary and the Department may promulgate rules to enable them to carry out their duties under this Section.

(h) The Department shall cooperate with the Secretary in the administration of this Section and shall provide the Secretary with any information the Secretary may deem necessary for these purposes.

(i) The Secretary shall cooperate with the Department in the administration of this Section and shall provide the Department with any information the Department may deem necessary for the purposes of this Section, including regular and timely access to vehicle registration records. Section 2-123 of this Code shall not apply to the provision of this information, but the Secretary shall be reimbursed for the cost of providing this information.

(j) For purposes of this Section, the term "Department" means the Department of Transportation and "Secretary" means the Secretary of State.

(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 Zones Act and the Automated Speed Enforcement 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 5/11-1302) (from Ch. 95 1/2, par. 11-1302)

Sec. 11-1302. Officers authorized to remove vehicles. (a) Whenever any police officer finds a vehicle in violation of any of the provisions of Section 11-1301 such officer is hereby authorized to move such vehicle, or require the driver or other person in charge of the vehicle to move the same, to a position off the roadway.

(b) Any police officer is hereby authorized to remove or cause to be removed to a place of safety any unattended vehicle illegally left standing upon any highway, bridge, causeway, or in a tunnel, in such a position or under such circumstances as to obstruct the normal movement of traffic.

Whenever the Department finds an abandoned or disabled vehicle standing upon the paved or main-traveled part of a highway, which vehicle is or may be expected to interrupt the free flow of traffic on the highway or interfere with the maintenance of the highway, the Department is authorized to move the vehicle to a position off the paved or improved or main-traveled part of the highway.

(c) Any police officer is hereby authorized to remove or cause to be removed to the nearest garage or other place of safety any vehicle found upon a highway when:

1. Report has been made that such vehicle has been stolen or taken without the consent of its owner, or

2. The person or persons in charge of such vehicle are unable to provide for its custody or removal, or

3. When the person driving or in control of such vehicle is arrested for an alleged offense for which the officer is required by law to take the person arrested before a proper magistrate without unnecessary delay, or .

4. When the registration plate or plates on the vehicle has been suspended, cancelled, or revoked.

(Source: P.A. 79-1069.)

Section 999. Effective date. This Act takes effect upon becoming law.".