Illinois General Assembly - Full Text of HB0141
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Full Text of HB0141  99th General Assembly

HB0141 99TH GENERAL ASSEMBLY

  
  

 


 
99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB0141

 

Introduced , by Rep. Kenneth Dunkin

 

SYNOPSIS AS INTRODUCED:
 
625 ILCS 5/1-105.2
625 ILCS 5/3-400  from Ch. 95 1/2, par. 3-400
625 ILCS 5/6-306.5  from Ch. 95 1/2, par. 6-306.5
625 ILCS 5/11-208  from Ch. 95 1/2, par. 11-208
625 ILCS 5/11-208.3  from Ch. 95 1/2, par. 11-208.3
625 ILCS 5/11-208.9
625 ILCS 5/11-612
625 ILCS 5/11-208.6 rep.
625 ILCS 5/11-208.8 rep.

    Amends the Illinois Vehicle Code. Repeals Sections providing authority to municipalities and counties to use automated traffic law enforcement systems at intersections and in school or park safety zones, in which cameras are used to photograph or video record a motor vehicle's violation of a stop, yield, or speed requirement. Denies home rule powers. Makes conforming and other technical changes. Effective immediately.


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FISCAL NOTE ACT MAY APPLY
HOME RULE NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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1    AN ACT concerning transportation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Vehicle Code is amended by changing
5Sections 1-105.2, 3-400, 6-306.5, 11-208, 11-208.3, 11-208.9,
6and 11-612 as follows:
 
7    (625 ILCS 5/1-105.2)
8    Sec. 1-105.2. Automated traffic law violation. A violation
9described in Section 11-208.6, 11-208.9, or 11-1201.1 of this
10Code.
11(Source: P.A. 98-556, eff. 1-1-14.)
 
12    (625 ILCS 5/3-400)  (from Ch. 95 1/2, par. 3-400)
13    Sec. 3-400. Definitions. Notwithstanding the definitions
14definition set forth in Chapter 1 of this Act, for the purposes
15of this Article, the following words shall have the meaning
16ascribed to them as follows:
17    "Apportionable Fee" means any periodic recurring fee
18required for licensing or registering vehicles, such as, but
19not limited to, registration fees, license or weight fees.
20    "Apportionable Vehicle" means any vehicle, except
21recreational vehicles, vehicles displaying restricted plates,
22city pickup and delivery vehicles, buses used in transportation

 

 

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1of chartered parties, and government owned vehicles that are
2used or intended for use in 2 or more member jurisdictions that
3allocate or proportionally register vehicles, in a fleet which
4is used for the transportation of persons for hire or the
5transportation of property and which has a gross vehicle weight
6in excess of 26,000 pounds; or has three or more axles
7regardless of weight; or is used in combination when the weight
8of such combination exceeds 26,000 pounds gross vehicle weight.
9Vehicles, or combinations having a gross vehicle weight of
1026,000 pounds or less and two-axle vehicles may be
11proportionally registered at the option of such owner.
12    "Base Jurisdiction" means, for purposes of fleet
13registration, the jurisdiction where the registrant has an
14established place of business, where operational records of the
15fleet are maintained and where mileage is accrued by the fleet.
16In case a registrant operates more than one fleet, and
17maintains records for each fleet in different places, the "base
18jurisdiction" for a fleet shall be the jurisdiction where an
19established place of business is maintained, where records of
20the operation of that fleet are maintained and where mileage is
21accrued by that fleet.
22    "Operational Records" means documents supporting miles
23traveled in each jurisdiction and total miles traveled, such as
24fuel reports, trip leases, and logs.
25    "Owner" means a Owner. A person who holds legal title of a
26motor vehicle, or in the event a motor vehicle is the subject

 

 

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1of an agreement for the conditional sale or lease thereof with
2the right of purchase upon performance of the conditions stated
3in the agreement and with an immediate right of possession
4vested in the conditional vendee or lessee with right of
5purchase, or in the event a mortgagor of such motor vehicle is
6entitled to possession, or in the event a lessee of such motor
7vehicle is entitled to possession or control, then such
8conditional vendee or lessee with right of purchase or
9mortgagor or lessee is considered to be the owner for the
10purpose of this Act.
11    "Registration plate cover" means any tinted, colored,
12painted, marked, clear, or illuminated object that is designed
13to (i) cover any of the characters of a motor vehicle's
14registration plate; or (ii) distort a recorded image of any of
15the characters of a motor vehicle's registration plate recorded
16by an automated enforcement system as defined in Section
1711-208.9 11-208.6, 11-208.8, or 11-1201.1 of this Code or
18recorded by an automated traffic control system as defined in
19Section 15 of the Automated Traffic Control Systems in Highway
20Construction or Maintenance Zones Act.
21    "Rental Owner" means an owner principally engaged, with
22respect to one or more rental fleets, in renting to others or
23offering for rental the vehicles of such fleets, without
24drivers.
25    "Restricted Plates" shall include, but are not limited to,
26dealer, manufacturer, transporter, farm, repossessor, and

 

 

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1permanently mounted type plates. Vehicles displaying any of
2these type plates from a foreign jurisdiction that is a member
3of the International Registration Plan shall be granted
4reciprocity but shall be subject to the same limitations as
5similar plated Illinois registered vehicles.
6(Source: P.A. 97-743, eff. 1-1-13; 98-463, eff. 8-16-13;
7revised 12-10-14.)
 
8    (625 ILCS 5/6-306.5)  (from Ch. 95 1/2, par. 6-306.5)
9    Sec. 6-306.5. Failure to pay fine or penalty for standing,
10parking, compliance, automated speed enforcement system, or
11automated traffic law violations; suspension of driving
12privileges.
13    (a) Upon receipt of a certified report, as prescribed by
14subsection (c) of this Section, from any municipality or county
15stating that the owner of a registered vehicle: (1) has failed
16to pay any fine or penalty due and owing as a result of 10 or
17more violations of a municipality's or county's vehicular
18standing, parking, or compliance regulations established by
19ordinance pursuant to Section 11-208.3 of this Code, (2) has
20failed to pay any fine or penalty due and owing as a result of 5
21offenses for automated speed enforcement system violations or
22automated traffic violations as defined in Section Sections
2311-208.6, 11-208.8, 11-208.9, or 11-1201.1, or combination
24thereof, or (3) is more than 14 days in default of a payment
25plan pursuant to which a suspension had been terminated under

 

 

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1subsection (c) of this Section, the Secretary of State shall
2suspend the driving privileges of such person in accordance
3with the procedures set forth in this Section. The Secretary
4shall also suspend the driving privileges of an owner of a
5registered vehicle upon receipt of a certified report, as
6prescribed by subsection (f) of this Section, from any
7municipality or county stating that such person has failed to
8satisfy any fines or penalties imposed by final judgments for 5
9or more automated speed enforcement system or automated traffic
10law violations, or combination thereof, or 10 or more
11violations of local standing, parking, or compliance
12regulations after exhaustion of judicial review procedures.
13    (b) Following receipt of the certified report of the
14municipality or county as specified in this Section, the
15Secretary of State shall notify the person whose name appears
16on the certified report that the person's drivers license will
17be suspended at the end of a specified period of time unless
18the Secretary of State is presented with a notice from the
19municipality or county certifying that the fine or penalty due
20and owing the municipality or county has been paid or that
21inclusion of that person's name on the certified report was in
22error. The Secretary's notice shall state in substance the
23information contained in the municipality's or county's
24certified report to the Secretary, and shall be effective as
25specified by subsection (c) of Section 6-211 of this Code.
26    (c) The report of the appropriate municipal or county

 

 

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1official notifying the Secretary of State of unpaid fines or
2penalties pursuant to this Section shall be certified and shall
3contain the following:
4        (1) The name, last known address as recorded with the
5    Secretary of State, as provided by the lessor of the cited
6    vehicle at the time of lease, or as recorded in a United
7    States Post Office approved database if any notice sent
8    under Section 11-208.3 of this Code is returned as
9    undeliverable, and drivers license number of the person who
10    failed to pay the fine or penalty or who has defaulted in a
11    payment plan and the registration number of any vehicle
12    known to be registered to such person in this State.
13        (2) The name of the municipality or county making the
14    report pursuant to this Section.
15        (3) A statement that the municipality or county sent a
16    notice of impending drivers license suspension as
17    prescribed by ordinance enacted pursuant to Section
18    11-208.3 of this Code or a notice of default in a payment
19    plan, to the person named in the report at the address
20    recorded with the Secretary of State or at the last address
21    known to the lessor of the cited vehicle at the time of
22    lease or, if any notice sent under Section 11-208.3 of this
23    Code is returned as undeliverable, at the last known
24    address recorded in a United States Post Office approved
25    database; the date on which such notice was sent; and the
26    address to which such notice was sent. In a municipality or

 

 

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1    county with a population of 1,000,000 or more, the report
2    shall also include a statement that the alleged violator's
3    State vehicle registration number and vehicle make, if
4    specified on the automated speed enforcement system
5    violation or automated traffic law violation notice, are
6    correct as they appear on the citations.
7        (4) A unique identifying reference number for each
8    request of suspension sent whenever a person has failed to
9    pay the fine or penalty or has defaulted on a payment plan.
10    (d) Any municipality or county making a certified report to
11the Secretary of State pursuant to this Section shall notify
12the Secretary of State, in a form prescribed by the Secretary,
13whenever a person named in the certified report has paid the
14previously reported fine or penalty, whenever a person named in
15the certified report has entered into a payment plan pursuant
16to which the municipality or county has agreed to terminate the
17suspension, or whenever the municipality or county determines
18that the original report was in error. A certified copy of such
19notification shall also be given upon request and at no
20additional charge to the person named therein. Upon receipt of
21the municipality's or county's notification or presentation of
22a certified copy of such notification, the Secretary of State
23shall terminate the suspension.
24    (e) Any municipality or county making a certified report to
25the Secretary of State pursuant to this Section shall also by
26ordinance establish procedures for persons to challenge the

 

 

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1accuracy of the certified report. The ordinance shall also
2state the grounds for such a challenge, which may be limited to
3(1) the person not having been the owner or lessee of the
4vehicle or vehicles receiving 10 or more standing, parking, or
5compliance violation notices or a combination of 5 or more
6automated speed enforcement system or automated traffic law
7violations on the date or dates such notices were issued; and
8(2) the person having already paid the fine or penalty for the
910 or more standing, parking, or compliance violations or
10combination of 5 or more automated speed enforcement system or
11automated traffic law violations indicated on the certified
12report.
13    (f) Any municipality or county, other than a municipality
14or county establishing vehicular standing, parking, and
15compliance regulations under pursuant to Section 11-208.3,
16automated speed enforcement system regulations under Section
1711-208.8, or automated traffic law regulations under Section
1811-208.6, 11-208.9, or 11-1201.1, may also cause a suspension
19of a person's drivers license pursuant to this Section. Such
20municipality or county may invoke this sanction by making a
21certified report to the Secretary of State upon a person's
22failure to satisfy any fine or penalty imposed by final
23judgment for 10 or more violations of local standing, parking,
24or compliance regulations or a combination of 5 or more
25automated speed enforcement system or automated traffic law
26violations after exhaustion of judicial review procedures, but

 

 

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1only if:
2        (1) the municipality or county complies with the
3    provisions of this Section in all respects except in regard
4    to enacting an ordinance pursuant to Section 11-208.3;
5        (2) the municipality or county has sent a notice of
6    impending drivers license suspension as prescribed by an
7    ordinance enacted pursuant to subsection (g) of this
8    Section; and
9        (3) in municipalities or counties with a population of
10    1,000,000 or more, the municipality or county has verified
11    that the alleged violator's State vehicle registration
12    number and vehicle make are correct as they appear on the
13    citations.
14    (g) Any municipality or county, other than a municipality
15or county establishing standing, parking, and compliance
16regulations under pursuant to Section 11-208.3, automated
17speed enforcement system regulations under Section 11-208.8,
18or automated traffic law regulations under Section 11-208.6,
1911-208.9, or 11-1201.1, may provide by ordinance for the
20sending of a notice of impending drivers license suspension to
21the person who has failed to satisfy any fine or penalty
22imposed by final judgment for 10 or more violations of local
23standing, parking, or compliance regulations or a combination
24of 5 or more automated speed enforcement system or automated
25traffic law violations after exhaustion of judicial review
26procedures. An ordinance so providing shall specify that the

 

 

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1notice sent to the person liable for any fine or penalty shall
2state that failure to pay the fine or penalty owing within 45
3days of the notice's date will result in the municipality or
4county notifying the Secretary of State that the person's
5drivers license is eligible for suspension pursuant to this
6Section. The notice of impending drivers license suspension
7shall be sent by first class United States mail, postage
8prepaid, to the address recorded with the Secretary of State or
9at the last address known to the lessor of the cited vehicle at
10the time of lease or, if any notice sent under Section 11-208.3
11of this Code is returned as undeliverable, to the last known
12address recorded in a United States Post Office approved
13database.
14    (h) An administrative hearing to contest an impending
15suspension or a suspension made pursuant to this Section may be
16had upon filing a written request with the Secretary of State.
17The filing fee for this hearing shall be $20, to be paid at the
18time the request is made. A municipality or county which files
19a certified report with the Secretary of State pursuant to this
20Section shall reimburse the Secretary for all reasonable costs
21incurred by the Secretary as a result of the filing of the
22report, including but not limited to the costs of providing the
23notice required pursuant to subsection (b) and the costs
24incurred by the Secretary in any hearing conducted with respect
25to the report pursuant to this subsection and any appeal from
26such a hearing.

 

 

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1    (i) The provisions of this Section shall apply on and after
2January 1, 1988.
3    (j) For purposes of this Section, the term "compliance
4violation" is defined as in Section 11-208.3.
5(Source: P.A. 97-333, eff. 8-12-11; 97-672, eff. 7-1-12;
698-556, eff. 1-1-14.)
 
7    (625 ILCS 5/11-208)   (from Ch. 95 1/2, par. 11-208)
8    Sec. 11-208. Powers of local authorities.
9    (a) The provisions of this Code shall not be deemed to
10prevent local authorities with respect to streets and highways
11under their jurisdiction and within the reasonable exercise of
12the police power from:
13        1. Regulating the standing or parking of vehicles,
14    except as limited by Sections 11-1306 and 11-1307 of this
15    Act;
16        2. Regulating traffic by means of police officers or
17    traffic control signals;
18        3. Regulating or prohibiting processions or
19    assemblages on the highways; and certifying persons to
20    control traffic for processions or assemblages;
21        4. Designating particular highways as one-way highways
22    and requiring that all vehicles thereon be moved in one
23    specific direction;
24        5. Regulating the speed of vehicles in public parks
25    subject to the limitations set forth in Section 11-604;

 

 

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1        6. Designating any highway as a through highway, as
2    authorized in Section 11-302, and requiring that all
3    vehicles stop before entering or crossing the same or
4    designating any intersection as a stop intersection or a
5    yield right-of-way intersection and requiring all vehicles
6    to stop or yield the right-of-way at one or more entrances
7    to such intersections;
8        7. Restricting the use of highways as authorized in
9    Chapter 15;
10        8. Regulating the operation of bicycles and requiring
11    the registration and licensing of same, including the
12    requirement of a registration fee;
13        9. Regulating or prohibiting the turning of vehicles or
14    specified types of vehicles at intersections;
15        10. Altering the speed limits as authorized in Section
16    11-604;
17        11. Prohibiting U-turns;
18        12. Prohibiting pedestrian crossings at other than
19    designated and marked crosswalks or at intersections;
20        13. Prohibiting parking during snow removal operation;
21        14. Imposing fines in accordance with Section
22    11-1301.3 as penalties for use of any parking place
23    reserved for persons with disabilities, as defined by
24    Section 1-159.1, or disabled veterans by any person using a
25    motor vehicle not bearing registration plates specified in
26    Section 11-1301.1 or a special decal or device as defined

 

 

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1    in Section 11-1301.2 as evidence that the vehicle is
2    operated by or for a person with disabilities or disabled
3    veteran;
4        15. Adopting such other traffic regulations as are
5    specifically authorized by this Code; or
6        16. Enforcing the provisions of subsection (f) of
7    Section 3-413 of this Code or a similar local ordinance.
8    (b) No ordinance or regulation enacted under subsections 1,
94, 5, 6, 7, 9, 10, 11 or 13 of paragraph (a) shall be effective
10until signs giving reasonable notice of such local traffic
11regulations are posted.
12    (c) The provisions of this Code shall not prevent any
13municipality having a population of 500,000 or more inhabitants
14from prohibiting any person from driving or operating any motor
15vehicle upon the roadways of such municipality with headlamps
16on high beam or bright.
17    (d) The provisions of this Code shall not be deemed to
18prevent local authorities within the reasonable exercise of
19their police power from prohibiting, on private property, the
20unauthorized use of parking spaces reserved for persons with
21disabilities.
22    (e) No unit of local government, including a home rule
23unit, may enact or enforce an ordinance that applies only to
24motorcycles if the principal purpose for that ordinance is to
25restrict the access of motorcycles to any highway or portion of
26a highway for which federal or State funds have been used for

 

 

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1the planning, design, construction, or maintenance of that
2highway. No unit of local government, including a home rule
3unit, may enact an ordinance requiring motorcycle users to wear
4protective headgear. Nothing in this subsection (e) shall
5affect the authority of a unit of local government to regulate
6motorcycles for traffic control purposes or in accordance with
7Section 12-602 of this Code. No unit of local government,
8including a home rule unit, may regulate motorcycles in a
9manner inconsistent with this Code. This subsection (e) is a
10limitation under subsection (i) of Section 6 of Article VII of
11the Illinois Constitution on the concurrent exercise by home
12rule units of powers and functions exercised by the State.
13    (f) No unit of local government, including a home rule
14unit, A municipality or county designated in Section 11-208.6
15may enact or enforce an ordinance providing for an automated
16traffic law enforcement system to enforce violations of Section
1711-306 of this Code or a similar provision of a local ordinance
18and imposing liability on a registered owner or lessee of a
19vehicle used in such a violation. For the purposes of this
20subsection (f), "automated traffic law enforcement system"
21means a device with one or more motor vehicle sensors working
22in conjunction with a red light signal to produce recorded
23images of motor vehicles entering an intersection against a red
24signal indication in violation of Section 11-306 of this Code
25or a similar provision of a local ordinance. This subsection
26(f) is a denial and limitation of home rule powers and

 

 

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1functions under subsection (g) of Section 6 of Article VII of
2the Illinois Constitution.
3    (g) A municipality or county, as provided in Section
411-1201.1, may enact an ordinance providing for an automated
5traffic law enforcement system to enforce violations of Section
611-1201 of this Code or a similar provision of a local
7ordinance and imposing liability on a registered owner of a
8vehicle used in such a violation.
9    (h) No unit of local government, including a home rule
10unit, A municipality designated in Section 11-208.8 may enact
11or enforce an ordinance providing for an automated speed
12enforcement system to enforce violations of Article VI of
13Chapter 11 of this Code or a similar provision of a local
14ordinance. For purposes of this subsection (h), "automated
15speed enforcement system" means a photographic device, radar
16device, laser device, or other electrical or mechanical device
17or devices installed or utilized and designed to record the
18speed of a vehicle and obtain a clear photograph or other
19recorded image of the vehicle and the vehicle's registration
20plate while the driver is violating Article VI of Chapter 11 of
21this Code or a similar provision of a local ordinance. This
22subsection (h) is a denial and limitation of home rule powers
23and functions under subsection (g) of Section 6 of Article VII
24of the Illinois Constitution.
25    (i) A municipality or county designated in Section 11-208.9
26may enact an ordinance providing for an automated traffic law

 

 

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1enforcement system to enforce violations of Section 11-1414 of
2this Code or a similar provision of a local ordinance and
3imposing liability on a registered owner or lessee of a vehicle
4used in such a violation.
5(Source: P.A. 97-29, eff. 1-1-12; 97-672, eff. 7-1-12; 98-396,
6eff. 1-1-14; 98-556, eff. 1-1-14; 98-756, eff. 7-16-14.)
 
7    (625 ILCS 5/11-208.3)  (from Ch. 95 1/2, par. 11-208.3)
8    Sec. 11-208.3. Administrative adjudication of violations
9of traffic regulations concerning the standing, parking, or
10condition of vehicles, and automated traffic law violations,
11and automated speed enforcement system violations.
12    (a) Any municipality or county may provide by ordinance for
13a system of administrative adjudication of vehicular standing
14and parking violations and vehicle compliance violations as
15described in this subsection, and automated traffic law
16violations as defined in Section 11-208.6, 11-208.9, or
1711-1201.1, and automated speed enforcement system violations
18as defined in Section 11-208.8. The administrative system shall
19have as its purpose the fair and efficient enforcement of
20municipal or county regulations through the administrative
21adjudication of automated speed enforcement system or
22automated traffic law violations and violations of municipal or
23county ordinances regulating the standing and parking of
24vehicles, the condition and use of vehicle equipment, and the
25display of municipal or county wheel tax licenses within the

 

 

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1municipality's or county's borders. The administrative system
2shall only have authority to adjudicate civil offenses carrying
3fines not in excess of $500 or requiring the completion of a
4traffic education program, or both, that occur after the
5effective date of the ordinance adopting such a system under
6this Section. For purposes of this Section, "compliance
7violation" means a violation of a municipal or county
8regulation governing the condition or use of equipment on a
9vehicle or governing the display of a municipal or county wheel
10tax license.
11    (b) Any ordinance establishing a system of administrative
12adjudication under this Section shall provide for:
13        (1) A traffic compliance administrator authorized to
14    adopt, distribute and process parking, compliance, and
15    automated speed enforcement system or automated traffic
16    law violation notices and other notices required by this
17    Section, collect money paid as fines and penalties for
18    violation of parking and compliance ordinances and
19    automated speed enforcement system or automated traffic
20    law violations, and operate an administrative adjudication
21    system. The traffic compliance administrator also may make
22    a certified report to the Secretary of State under Section
23    6-306.5.
24        (2) A parking, standing, compliance, automated speed
25    enforcement system, or automated traffic law violation
26    notice that shall specify the date, time, and place of

 

 

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1    violation of a parking, standing, compliance, automated
2    speed enforcement system, or automated traffic law
3    regulation; the particular regulation violated; any
4    requirement to complete a traffic education program; the
5    fine and any penalty that may be assessed for late payment
6    or failure to complete a required traffic education
7    program, or both, when so provided by ordinance; the
8    vehicle make and state registration number; and the
9    identification number of the person issuing the notice.
10    With regard to automated speed enforcement system or
11    automated traffic law violations, vehicle make shall be
12    specified on the automated speed enforcement system or
13    automated traffic law violation notice if the make is
14    available and readily discernible. With regard to
15    municipalities or counties with a population of 1 million
16    or more, it shall be grounds for dismissal of a parking
17    violation if the state registration number or vehicle make
18    specified is incorrect. The violation notice shall state
19    that the completion of any required traffic education
20    program, the payment of any indicated fine, and the payment
21    of any applicable penalty for late payment or failure to
22    complete a required traffic education program, or both,
23    shall operate as a final disposition of the violation. The
24    notice also shall contain information as to the
25    availability of a hearing in which the violation may be
26    contested on its merits. The violation notice shall specify

 

 

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1    the time and manner in which a hearing may be had.
2        (3) Service of the parking, standing, or compliance
3    violation notice by affixing the original or a facsimile of
4    the notice to an unlawfully parked vehicle or by handing
5    the notice to the operator of a vehicle if he or she is
6    present and service of an automated speed enforcement
7    system or automated traffic law violation notice by mail to
8    the address of the registered owner or lessee of the cited
9    vehicle as recorded with the Secretary of State or the
10    lessor of the motor vehicle within 30 days after the
11    Secretary of State or the lessor of the motor vehicle
12    notifies the municipality or county of the identity of the
13    owner or lessee of the vehicle, but not later than 90 days
14    after the violation, except that in the case of a lessee of
15    a motor vehicle, service of an automated traffic law
16    violation notice may occur no later than 210 days after the
17    violation. A person authorized by ordinance to issue and
18    serve parking, standing, and compliance violation notices
19    shall certify as to the correctness of the facts entered on
20    the violation notice by signing his or her name to the
21    notice at the time of service or in the case of a notice
22    produced by a computerized device, by signing a single
23    certificate to be kept by the traffic compliance
24    administrator attesting to the correctness of all notices
25    produced by the device while it was under his or her
26    control. In the case of an automated traffic law violation,

 

 

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1    the ordinance shall require a determination by a technician
2    employed or contracted by the municipality or county that,
3    based on inspection of recorded images, the motor vehicle
4    was being operated in violation of Section 11-208.6,
5    11-208.9, or 11-1201.1 or a local ordinance. If the
6    technician determines that the vehicle entered the
7    intersection as part of a funeral procession or in order to
8    yield the right-of-way to an emergency vehicle, a citation
9    shall not be issued. In municipalities with a population of
10    less than 1,000,000 inhabitants and counties with a
11    population of less than 3,000,000 inhabitants, the
12    automated traffic law ordinance shall require that all
13    determinations by a technician that a motor vehicle was
14    being operated in violation of Section 11-208.6, 11-208.9,
15    or 11-1201.1 or a local ordinance must be reviewed and
16    approved by a law enforcement officer or retired law
17    enforcement officer of the municipality or county issuing
18    the violation. In municipalities with a population of
19    1,000,000 or more inhabitants and counties with a
20    population of 3,000,000 or more inhabitants, the automated
21    traffic law ordinance shall require that all
22    determinations by a technician that a motor vehicle was
23    being operated in violation of Section 11-208.6, 11-208.9,
24    or 11-1201.1 or a local ordinance must be reviewed and
25    approved by a law enforcement officer or retired law
26    enforcement officer of the municipality or county issuing

 

 

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1    the violation or by an additional fully-trained reviewing
2    technician who is not employed by the contractor who
3    employs the technician who made the initial determination.
4    In the case of an automated speed enforcement system
5    violation, the ordinance shall require a determination by a
6    technician employed by the municipality, based upon an
7    inspection of recorded images, video or other
8    documentation, including documentation of the speed limit
9    and automated speed enforcement signage, and documentation
10    of the inspection, calibration, and certification of the
11    speed equipment, that the vehicle was being operated in
12    violation of Article VI of Chapter 11 of this Code or a
13    similar local ordinance. If the technician determines that
14    the vehicle speed was not determined by a calibrated,
15    certified speed equipment device based upon the speed
16    equipment documentation, or if the vehicle was an emergency
17    vehicle, a citation may not be issued. The automated speed
18    enforcement ordinance shall require that all
19    determinations by a technician that a violation occurred be
20    reviewed and approved by a law enforcement officer or
21    retired law enforcement officer of the municipality
22    issuing the violation or by an additional fully trained
23    reviewing technician who is not employed by the contractor
24    who employs the technician who made the initial
25    determination. Routine and independent calibration of the
26    speeds produced by automated speed enforcement systems and

 

 

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1    equipment shall be conducted annually by a qualified
2    technician. Speeds produced by an automated speed
3    enforcement system shall be compared with speeds produced
4    by lidar or other independent equipment. Radar or lidar
5    equipment shall undergo an internal validation test no less
6    frequently than once each week. Qualified technicians
7    shall test loop based equipment no less frequently than
8    once a year. Radar equipment shall be checked for accuracy
9    by a qualified technician when the unit is serviced, when
10    unusual or suspect readings persist, or when deemed
11    necessary by a reviewing technician. Radar equipment shall
12    be checked with the internal frequency generator and the
13    internal circuit test whenever the radar is turned on.
14    Technicians must be alert for any unusual or suspect
15    readings, and if unusual or suspect readings of a radar
16    unit persist, that unit shall immediately be removed from
17    service and not returned to service until it has been
18    checked by a qualified technician and determined to be
19    functioning properly. Documentation of the annual
20    calibration results, including the equipment tested, test
21    date, technician performing the test, and test results,
22    shall be maintained and available for use in the
23    determination of an automated speed enforcement system
24    violation and issuance of a citation. The technician
25    performing the calibration and testing of the automated
26    speed enforcement equipment shall be trained and certified

 

 

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1    in the use of equipment for speed enforcement purposes.
2    Training on the speed enforcement equipment may be
3    conducted by law enforcement, civilian, or manufacturer's
4    personnel and if applicable may be equivalent to the
5    equipment use and operations training included in the Speed
6    Measuring Device Operator Program developed by the
7    National Highway Traffic Safety Administration (NHTSA).
8    The vendor or technician who performs the work shall keep
9    accurate records on each piece of equipment the technician
10    calibrates and tests. As used in this paragraph,
11    "fully-trained reviewing technician" means a person who
12    has received at least 40 hours of supervised training in
13    subjects which shall include image inspection and
14    interpretation, the elements necessary to prove a
15    violation, license plate identification, and traffic
16    safety and management. In all municipalities and counties,
17    the automated speed enforcement system or automated
18    traffic law ordinance shall require that no additional fee
19    shall be charged to the alleged violator for exercising his
20    or her right to an administrative hearing, and persons
21    shall be given at least 25 days following an administrative
22    hearing to pay any civil penalty imposed by a finding that
23    Section 11-208.6, 11-208.8, 11-208.9, or 11-1201.1 or a
24    similar local ordinance has been violated. The original or
25    a facsimile of the violation notice or, in the case of a
26    notice produced by a computerized device, a printed record

 

 

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1    generated by the device showing the facts entered on the
2    notice, shall be retained by the traffic compliance
3    administrator, and shall be a record kept in the ordinary
4    course of business. A parking, standing, compliance,
5    automated speed enforcement system, or automated traffic
6    law violation notice issued, signed and served in
7    accordance with this Section, a copy of the notice, or the
8    computer generated record shall be prima facie correct and
9    shall be prima facie evidence of the correctness of the
10    facts shown on the notice. The notice, copy, or computer
11    generated record shall be admissible in any subsequent
12    administrative or legal proceedings.
13        (4) An opportunity for a hearing for the registered
14    owner of the vehicle cited in the parking, standing,
15    compliance, automated speed enforcement system, or
16    automated traffic law violation notice in which the owner
17    may contest the merits of the alleged violation, and during
18    which formal or technical rules of evidence shall not
19    apply; provided, however, that under Section 11-1306 of
20    this Code the lessee of a vehicle cited in the violation
21    notice likewise shall be provided an opportunity for a
22    hearing of the same kind afforded the registered owner. The
23    hearings shall be recorded, and the person conducting the
24    hearing on behalf of the traffic compliance administrator
25    shall be empowered to administer oaths and to secure by
26    subpoena both the attendance and testimony of witnesses and

 

 

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1    the production of relevant books and papers. Persons
2    appearing at a hearing under this Section may be
3    represented by counsel at their expense. The ordinance may
4    also provide for internal administrative review following
5    the decision of the hearing officer.
6        (5) Service of additional notices, sent by first class
7    United States mail, postage prepaid, to the address of the
8    registered owner of the cited vehicle as recorded with the
9    Secretary of State or, if any notice to that address is
10    returned as undeliverable, to the last known address
11    recorded in a United States Post Office approved database,
12    or, under Section 11-1306 or subsection (p) of Section
13    11-208.6 or 11-208.9, or subsection (p) of Section 11-208.8
14    of this Code, to the lessee of the cited vehicle at the
15    last address known to the lessor of the cited vehicle at
16    the time of lease or, if any notice to that address is
17    returned as undeliverable, to the last known address
18    recorded in a United States Post Office approved database.
19    The service shall be deemed complete as of the date of
20    deposit in the United States mail. The notices shall be in
21    the following sequence and shall include but not be limited
22    to the information specified herein:
23            (i) A second notice of parking, standing, or
24        compliance violation. This notice shall specify the
25        date and location of the violation cited in the
26        parking, standing, or compliance violation notice, the

 

 

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1        particular regulation violated, the vehicle make and
2        state registration number, any requirement to complete
3        a traffic education program, the fine and any penalty
4        that may be assessed for late payment or failure to
5        complete a traffic education program, or both, when so
6        provided by ordinance, the availability of a hearing in
7        which the violation may be contested on its merits, and
8        the time and manner in which the hearing may be had.
9        The notice of violation shall also state that failure
10        to complete a required traffic education program, to
11        pay the indicated fine and any applicable penalty, or
12        to appear at a hearing on the merits in the time and
13        manner specified, will result in a final determination
14        of violation liability for the cited violation in the
15        amount of the fine or penalty indicated, and that, upon
16        the occurrence of a final determination of violation
17        liability for the failure, and the exhaustion of, or
18        failure to exhaust, available administrative or
19        judicial procedures for review, any incomplete traffic
20        education program or any unpaid fine or penalty, or
21        both, will constitute a debt due and owing the
22        municipality or county.
23            (ii) A notice of final determination of parking,
24        standing, compliance, automated speed enforcement
25        system, or automated traffic law violation liability.
26        This notice shall be sent following a final

 

 

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1        determination of parking, standing, compliance,
2        automated speed enforcement system, or automated
3        traffic law violation liability and the conclusion of
4        judicial review procedures taken under this Section.
5        The notice shall state that the incomplete traffic
6        education program or the unpaid fine or penalty, or
7        both, is a debt due and owing the municipality or
8        county. The notice shall contain warnings that failure
9        to complete any required traffic education program or
10        to pay any fine or penalty due and owing the
11        municipality or county, or both, within the time
12        specified may result in the municipality's or county's
13        filing of a petition in the Circuit Court to have the
14        incomplete traffic education program or unpaid fine or
15        penalty, or both, rendered a judgment as provided by
16        this Section, or may result in suspension of the
17        person's drivers license for failure to complete a
18        traffic education program or to pay fines or penalties,
19        or both, for 10 or more parking violations under
20        Section 6-306.5, or a combination of 5 or more
21        automated traffic law violations under Section
22        11-208.6 or 11-208.9 or 11-1201.1 of this Code or
23        automated speed enforcement system violations under
24        Section 11-208.8.
25        (6) A notice of impending drivers license suspension.
26    This notice shall be sent to the person liable for failure

 

 

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1    to complete a required traffic education program or to pay
2    any fine or penalty that remains due and owing, or both, on
3    10 or more parking violations or combination of 5 or more
4    unpaid automated speed enforcement system or automated
5    traffic law violations. The notice shall state that failure
6    to complete a required traffic education program or to pay
7    the fine or penalty owing, or both, within 45 days of the
8    notice's date will result in the municipality or county
9    notifying the Secretary of State that the person is
10    eligible for initiation of suspension proceedings under
11    Section 6-306.5 of this Code. The notice shall also state
12    that the person may obtain a photostatic copy of an
13    original ticket imposing a fine or penalty by sending a
14    self addressed, stamped envelope to the municipality or
15    county along with a request for the photostatic copy. The
16    notice of impending drivers license suspension shall be
17    sent by first class United States mail, postage prepaid, to
18    the address recorded with the Secretary of State or, if any
19    notice to that address is returned as undeliverable, to the
20    last known address recorded in a United States Post Office
21    approved database.
22        (7) Final determinations of violation liability. A
23    final determination of violation liability shall occur
24    following failure to complete the required traffic
25    education program or to pay the fine or penalty, or both,
26    after a hearing officer's determination of violation

 

 

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1    liability and the exhaustion of or failure to exhaust any
2    administrative review procedures provided by ordinance.
3    Where a person fails to appear at a hearing to contest the
4    alleged violation in the time and manner specified in a
5    prior mailed notice, the hearing officer's determination
6    of violation liability shall become final: (A) upon denial
7    of a timely petition to set aside that determination, or
8    (B) upon expiration of the period for filing the petition
9    without a filing having been made.
10        (8) A petition to set aside a determination of parking,
11    standing, compliance, automated speed enforcement system,
12    or automated traffic law violation liability that may be
13    filed by a person owing an unpaid fine or penalty. A
14    petition to set aside a determination of liability may also
15    be filed by a person required to complete a traffic
16    education program. The petition shall be filed with and
17    ruled upon by the traffic compliance administrator in the
18    manner and within the time specified by ordinance. The
19    grounds for the petition may be limited to: (A) the person
20    not having been the owner or lessee of the cited vehicle on
21    the date the violation notice was issued, (B) the person
22    having already completed the required traffic education
23    program or paid the fine or penalty, or both, for the
24    violation in question, and (C) excusable failure to appear
25    at or request a new date for a hearing. With regard to
26    municipalities or counties with a population of 1 million

 

 

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1    or more, it shall be grounds for dismissal of a parking
2    violation if the state registration number, or vehicle make
3    if specified, is incorrect. After the determination of
4    parking, standing, compliance, automated speed enforcement
5    system, or automated traffic law violation liability has
6    been set aside upon a showing of just cause, the registered
7    owner shall be provided with a hearing on the merits for
8    that violation.
9        (9) Procedures for non-residents. Procedures by which
10    persons who are not residents of the municipality or county
11    may contest the merits of the alleged violation without
12    attending a hearing.
13        (10) A schedule of civil fines for violations of
14    vehicular standing, parking, compliance, automated speed
15    enforcement system, or automated traffic law regulations
16    enacted by ordinance under pursuant to this Section, and a
17    schedule of penalties for late payment of the fines or
18    failure to complete required traffic education programs,
19    provided, however, that the total amount of the fine and
20    penalty for any one violation shall not exceed $250, except
21    as provided in subsection (c) of Section 11-1301.3 of this
22    Code.
23        (11) Other provisions as are necessary and proper to
24    carry into effect the powers granted and purposes stated in
25    this Section.
26    (c) Any municipality or county establishing vehicular

 

 

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1standing, parking, compliance, automated speed enforcement
2system, or automated traffic law regulations under this Section
3may also provide by ordinance for a program of vehicle
4immobilization for the purpose of facilitating enforcement of
5those regulations. The program of vehicle immobilization shall
6provide for immobilizing any eligible vehicle upon the public
7way by presence of a restraint in a manner to prevent operation
8of the vehicle. Any ordinance establishing a program of vehicle
9immobilization under this Section shall provide:
10        (1) Criteria for the designation of vehicles eligible
11    for immobilization. A vehicle shall be eligible for
12    immobilization when the registered owner of the vehicle has
13    accumulated the number of incomplete traffic education
14    programs or unpaid final determinations of parking,
15    standing, compliance, automated speed enforcement system,
16    or automated traffic law violation liability, or both, as
17    determined by ordinance.
18        (2) A notice of impending vehicle immobilization and a
19    right to a hearing to challenge the validity of the notice
20    by disproving liability for the incomplete traffic
21    education programs or unpaid final determinations of
22    parking, standing, compliance, automated speed enforcement
23    system, or automated traffic law violation liability, or
24    both, listed on the notice.
25        (3) The right to a prompt hearing after a vehicle has
26    been immobilized or subsequently towed without the

 

 

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1    completion of the required traffic education program or
2    payment of the outstanding fines and penalties on parking,
3    standing, compliance, automated speed enforcement system,
4    or automated traffic law violations, or both, for which
5    final determinations have been issued. An order issued
6    after the hearing is a final administrative decision within
7    the meaning of Section 3-101 of the Code of Civil
8    Procedure.
9        (4) A post immobilization and post-towing notice
10    advising the registered owner of the vehicle of the right
11    to a hearing to challenge the validity of the impoundment.
12    (d) Judicial review of final determinations of parking,
13standing, compliance, automated speed enforcement system, or
14automated traffic law violations and final administrative
15decisions issued after hearings regarding vehicle
16immobilization and impoundment made under this Section shall be
17subject to the provisions of the Administrative Review Law.
18    (e) Any fine, penalty, incomplete traffic education
19program, or part of any fine or any penalty remaining unpaid
20after the exhaustion of, or the failure to exhaust,
21administrative remedies created under this Section and the
22conclusion of any judicial review procedures shall be a debt
23due and owing the municipality or county and, as such, may be
24collected in accordance with applicable law. Completion of any
25required traffic education program and payment in full of any
26fine or penalty resulting from a standing, parking, compliance,

 

 

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1automated speed enforcement system, or automated traffic law
2violation shall constitute a final disposition of that
3violation.
4    (f) After the expiration of the period within which
5judicial review may be sought for a final determination of
6parking, standing, compliance, automated speed enforcement
7system, or automated traffic law violation, the municipality or
8county may commence a proceeding in the Circuit Court for
9purposes of obtaining a judgment on the final determination of
10violation. Nothing in this Section shall prevent a municipality
11or county from consolidating multiple final determinations of
12parking, standing, compliance, automated speed enforcement
13system, or automated traffic law violations against a person in
14a proceeding. Upon commencement of the action, the municipality
15or county shall file a certified copy or record of the final
16determination of parking, standing, compliance, automated
17speed enforcement system, or automated traffic law violation,
18which shall be accompanied by a certification that recites
19facts sufficient to show that the final determination of
20violation was issued in accordance with this Section and the
21applicable municipal or county ordinance. Service of the
22summons and a copy of the petition may be by any method
23provided by Section 2-203 of the Code of Civil Procedure or by
24certified mail, return receipt requested, provided that the
25total amount of fines and penalties for final determinations of
26parking, standing, compliance, automated speed enforcement

 

 

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1system, or automated traffic law violations does not exceed
2$2500. If the court is satisfied that the final determination
3of parking, standing, compliance, automated speed enforcement
4system, or automated traffic law violation was entered in
5accordance with the requirements of this Section and the
6applicable municipal or county ordinance, and that the
7registered owner or the lessee, as the case may be, had an
8opportunity for an administrative hearing and for judicial
9review as provided in this Section, the court shall render
10judgment in favor of the municipality or county and against the
11registered owner or the lessee for the amount indicated in the
12final determination of parking, standing, compliance,
13automated speed enforcement system, or automated traffic law
14violation, plus costs. The judgment shall have the same effect
15and may be enforced in the same manner as other judgments for
16the recovery of money.
17    (g) The fee for participating in a traffic education
18program under this Section shall not exceed $25.
19    A low-income individual required to complete a traffic
20education program under this Section who provides proof of
21eligibility for the federal earned income tax credit under
22Section 32 of the Internal Revenue Code or the Illinois earned
23income tax credit under Section 212 of the Illinois Income Tax
24Act shall not be required to pay any fee for participating in a
25required traffic education program.
26(Source: P.A. 97-29, eff. 1-1-12; 97-333, eff. 8-12-11; 97-672,

 

 

HB0141- 35 -LRB099 04045 MRW 24145 b

1eff. 7-1-12; 98-556, eff. 1-1-14; 98-1028, eff. 8-22-14.)
 
2    (625 ILCS 5/11-208.9)
3    Sec. 11-208.9. Automated traffic law enforcement system;
4approaching, overtaking, and passing a school bus.
5    (a) As used in this Section, "automated traffic law
6enforcement system" means a device with one or more motor
7vehicle sensors working in conjunction with the visual signals
8on a school bus, as specified in Sections 12-803 and 12-805 of
9this Code, to produce recorded images of motor vehicles that
10fail to stop before meeting or overtaking, from either
11direction, any school bus stopped at any location for the
12purpose of receiving or discharging pupils in violation of
13Section 11-1414 of this Code or a similar provision of a local
14ordinance.
15    An automated traffic law enforcement system is a system, in
16a municipality or county operated by a governmental agency,
17that produces a recorded image of a motor vehicle's violation
18of a provision of this Code or a local ordinance and is
19designed to obtain a clear recorded image of the vehicle and
20the vehicle's license plate. The recorded image must also
21display the time, date, and location of the violation.
22    (b) As used in this Section, "recorded images" means images
23recorded by an automated traffic law enforcement system on:
24        (1) 2 or more photographs;
25        (2) 2 or more microphotographs;

 

 

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1        (3) 2 or more electronic images; or
2        (4) a video recording showing the motor vehicle and, on
3    at least one image or portion of the recording, clearly
4    identifying the registration plate number of the motor
5    vehicle.
6    (c) A municipality or county that produces a recorded image
7of a motor vehicle's violation of a provision of this Code or a
8local ordinance must make the recorded images of a violation
9accessible to the alleged violator by providing the alleged
10violator with a website address, accessible through the
11Internet.
12    (d) For each violation of a provision of this Code or a
13local ordinance recorded by an automated traffic law
14enforcement system, the county or municipality having
15jurisdiction shall issue a written notice of the violation to
16the registered owner of the vehicle as the alleged violator.
17The notice shall be delivered to the registered owner of the
18vehicle, by mail, within 30 days after the Secretary of State
19notifies the municipality or county of the identity of the
20owner of the vehicle, but in no event later than 90 days after
21the violation.
22    (e) The notice required under subsection (d) shall include:
23        (1) the name and address of the registered owner of the
24    vehicle;
25        (2) the registration number of the motor vehicle
26    involved in the violation;

 

 

HB0141- 37 -LRB099 04045 MRW 24145 b

1        (3) the violation charged;
2        (4) the location where the violation occurred;
3        (5) the date and time of the violation;
4        (6) a copy of the recorded images;
5        (7) the amount of the civil penalty imposed and the
6    date by which the civil penalty should be paid;
7        (8) a statement that recorded images are evidence of a
8    violation of overtaking or passing a school bus stopped for
9    the purpose of receiving or discharging pupils;
10        (9) a warning that failure to pay the civil penalty or
11    to contest liability in a timely manner is an admission of
12    liability and may result in a suspension of the driving
13    privileges of the registered owner of the vehicle;
14        (10) a statement that the person may elect to proceed
15    by:
16            (A) paying the fine; or
17            (B) challenging the charge in court, by mail, or by
18        administrative hearing; and
19        (11) a website address, accessible through the
20    Internet, where the person may view the recorded images of
21    the violation.
22    (f) If a person charged with a traffic violation, as a
23result of an automated traffic law enforcement system under
24this Section, does not pay the fine or successfully contest the
25civil penalty resulting from that violation, the Secretary of
26State shall suspend the driving privileges of the registered

 

 

HB0141- 38 -LRB099 04045 MRW 24145 b

1owner of the vehicle under Section 6-306.5 of this Code for
2failing to pay any fine or penalty due and owing as a result of
3a combination of 5 violations of the automated traffic law
4enforcement system or the automated speed enforcement system
5under Section 11-208.8 of this Code.
6    (g) Based on inspection of recorded images produced by an
7automated traffic law enforcement system, a notice alleging
8that the violation occurred shall be evidence of the facts
9contained in the notice and admissible in any proceeding
10alleging a violation under this Section.
11    (h) Recorded images made by an automated traffic law
12enforcement system are confidential and shall be made available
13only to the alleged violator and governmental and law
14enforcement agencies for purposes of adjudicating a violation
15of this Section, for statistical purposes, or for other
16governmental purposes. Any recorded image evidencing a
17violation of this Section, however, may be admissible in any
18proceeding resulting from the issuance of the citation.
19    (i) The court or hearing officer may consider in defense of
20a violation:
21        (1) that the motor vehicle or registration plates of
22    the motor vehicle were stolen before the violation occurred
23    and not under the control of or in the possession of the
24    owner at the time of the violation;
25        (2) that the driver of the motor vehicle received a
26    Uniform Traffic Citation from a police officer for a

 

 

HB0141- 39 -LRB099 04045 MRW 24145 b

1    violation of Section 11-1414 of this Code within one-eighth
2    of a mile and 15 minutes of the violation that was recorded
3    by the system;
4        (3) that the visual signals required by Sections 12-803
5    and 12-805 of this Code were damaged, not activated, not
6    present in violation of Sections 12-803 and 12-805, or
7    inoperable; and
8        (4) any other evidence or issues provided by municipal
9    or county ordinance.
10    (j) To demonstrate that the motor vehicle or the
11registration plates were stolen before the violation occurred
12and were not under the control or possession of the owner at
13the time of the violation, the owner must submit proof that a
14report concerning the stolen motor vehicle or registration
15plates was filed with a law enforcement agency in a timely
16manner.
17    (k) Unless the driver of the motor vehicle received a
18Uniform Traffic Citation from a police officer at the time of
19the violation, the motor vehicle owner is subject to a civil
20penalty not exceeding $150 for a first time violation or $500
21for a second or subsequent violation, plus an additional
22penalty of not more than $100 for failure to pay the original
23penalty in a timely manner, if the motor vehicle is recorded by
24an automated traffic law enforcement system. A violation for
25which a civil penalty is imposed under this Section is not a
26violation of a traffic regulation governing the movement of

 

 

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1vehicles and may not be recorded on the driving record of the
2owner of the vehicle, but may be recorded by the municipality
3or county for the purpose of determining if a person is subject
4to the higher fine for a second or subsequent offense.
5    (l) A school bus equipped with an automated traffic law
6enforcement system must be posted with a sign indicating that
7the school bus is being monitored by an automated traffic law
8enforcement system.
9    (m) A municipality or county that has one or more school
10buses equipped with an automated traffic law enforcement system
11must provide notice to drivers by posting a list of school
12districts using school buses equipped with an automated traffic
13law enforcement system on the municipality or county website.
14School districts that have one or more school buses equipped
15with an automated traffic law enforcement system must provide
16notice to drivers by posting that information on their
17websites.
18    (n) A municipality or county operating an automated traffic
19law enforcement system shall conduct a statistical analysis to
20assess the safety impact in each school district using school
21buses equipped with an automated traffic law enforcement system
22following installation of the system. The statistical analysis
23shall be based upon the best available crash, traffic, and
24other data, and shall cover a period of time before and after
25installation of the system sufficient to provide a
26statistically valid comparison of safety impact. The

 

 

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1statistical analysis shall be consistent with professional
2judgment and acceptable industry practice. The statistical
3analysis also shall be consistent with the data required for
4valid comparisons of before and after conditions and shall be
5conducted within a reasonable period following the
6installation of the automated traffic law enforcement system.
7The statistical analysis required by this subsection shall be
8made available to the public and shall be published on the
9website of the municipality or county. If the statistical
10analysis for the 36-month period following installation of the
11system indicates that there has been an increase in the rate of
12accidents at the approach to school buses monitored by the
13system, the municipality or county shall undertake additional
14studies to determine the cause and severity of the accidents,
15and may take any action that it determines is necessary or
16appropriate to reduce the number or severity of the accidents
17involving school buses equipped with an automated traffic law
18enforcement system.
19    (o) The compensation paid for an automated traffic law
20enforcement system must be based on the value of the equipment
21or the services provided and may not be based on the number of
22traffic citations issued or the revenue generated by the
23system.
24    (p) No person who is the lessor of a motor vehicle pursuant
25to a written lease agreement shall be liable for an automated
26speed or traffic law enforcement system violation involving

 

 

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1such motor vehicle during the period of the lease; provided
2that upon the request of the appropriate authority received
3within 120 days after the violation occurred, the lessor
4provides within 60 days after such receipt the name and address
5of the lessee. The drivers license number of a lessee may be
6subsequently individually requested by the appropriate
7authority if needed for enforcement of this Section.
8    Upon the provision of information by the lessor pursuant to
9this subsection, the county or municipality may issue the
10violation to the lessee of the vehicle in the same manner as it
11would issue a violation to a registered owner of a vehicle
12pursuant to this Section, and the lessee may be held liable for
13the violation.
14    (q) A municipality or county shall make a certified report
15to the Secretary of State under pursuant to Section 6-306.5 of
16this Code whenever a registered owner of a vehicle has failed
17to pay any fine or penalty due and owing as a result of a
18combination of 5 offenses for automated traffic law or speed
19enforcement system violations.
20    (r) After a municipality or county enacts an ordinance
21providing for automated traffic law enforcement systems under
22this Section, each school district within that municipality or
23county's jurisdiction may implement an automated traffic law
24enforcement system under this Section. The elected school board
25for that district must approve the implementation of an
26automated traffic law enforcement system. The school district

 

 

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1shall be responsible for entering into a contract, approved by
2the elected school board of that district, with vendors for the
3installation, maintenance, and operation of the automated
4traffic law enforcement system. The school district must enter
5into an intergovernmental agreement, approved by the elected
6school board of that district, with the municipality or county
7with jurisdiction over that school district for the
8administration of the automated traffic law enforcement
9system. The proceeds from a school district's automated traffic
10law enforcement system's fines shall be divided equally between
11the school district and the municipality or county
12administering the automated traffic law enforcement system.
13(Source: P.A. 98-556, eff. 1-1-14.)
 
14    (625 ILCS 5/11-612)
15    Sec. 11-612. Certain systems to record vehicle speeds
16prohibited. Except as authorized in the Automated Traffic
17Control Systems in Highway Construction or Maintenance Zones
18Act and Section 11-208.8 of this Code, no photographic, video,
19or other imaging system may be used in this State to record
20vehicle speeds for the purpose of enforcing any law or
21ordinance regarding a maximum or minimum speed limit unless a
22law enforcement officer is present at the scene and witnesses
23the event. No State or local governmental entity, including a
24home rule county or municipality, may use such a system in a
25way that is prohibited by this Section. The regulation of the

 

 

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1use of such systems is an exclusive power and function of the
2State. This Section is a denial and limitation of home rule
3powers and functions under subsection (h) of Section 6 of
4Article VII of the Illinois Constitution.
5(Source: P.A. 97-672, eff. 7-1-12.)
 
6    (625 ILCS 5/11-208.6 rep.)
7    (625 ILCS 5/11-208.8 rep.)
8    Section 10. The Illinois Vehicle Code is amended by
9repealing Sections 11-208.6 and 11-208.8.
 
10    Section 99. Effective date. This Act takes effect upon
11becoming law.