Full Text of HB1910 96th General Assembly
HB1910ham001 96TH GENERAL ASSEMBLY
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Rep. Daniel V. Beiser
Filed: 4/29/2009
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| AMENDMENT TO HOUSE BILL 1910
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| AMENDMENT NO. ______. Amend House Bill 1910 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 1. Short title. This Act may be cited as the | 5 |
| Automated Speed Enforcement Act. | 6 |
| Section 5. Purpose. The purpose of this Act is to enhance | 7 |
| the safety of the travelling public. | 8 |
| Section 10. Definitions. As used in this Act: | 9 |
| (a) "Automated speed enforcement system" means a | 10 |
| photographic device, radar device, laser device, or other | 11 |
| electrical or mechanical device or devices designed to record a | 12 |
| violation of Section 11-601(b) of the Illinois Vehicle Code and | 13 |
| obtain a clear photograph or other recorded image of the | 14 |
| vehicle and the vehicle's registration plate. | 15 |
| (b) "Automated speed enforcement violation" or "violation" |
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| means a violation of Section 11-601(b) of the Illinois Vehicle | 2 |
| Code that is recorded by an automated speed enforcement system. | 3 |
| (c) "Department" means the Department of Transportation. | 4 |
| (d) "Vehicle owner" means the person or entity to whom the | 5 |
| vehicle is registered with the Secretary of State. | 6 |
| (e) "System" means an automated speed enforcement system. | 7 |
| Section 15. Establishment of an automated speed | 8 |
| enforcement pilot program. | 9 |
| (a) The Department shall establish an automated speed | 10 |
| enforcement pilot program in St. Clair county. | 11 |
| (b) The Department shall install the automated speed | 12 |
| enforcement systems on the Martin Luther King Bridge and the | 13 |
| immediate approach thereto located in St. Clair county. | 14 |
| (c) The Department shall contract with a private entity to | 15 |
| provide for the installation, maintenance, and operation of | 16 |
| systems and the implementation and administration of the pilot | 17 |
| program. | 18 |
| Section 17. Automated speed enforcement violations. | 19 |
| (a) An automated speed enforcement violation is not a | 20 |
| violation of a traffic regulation governing the movement of | 21 |
| vehicles and may not be recorded on the driving record of the | 22 |
| vehicle owner.
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| (b) Unless the driver of a vehicle was cited by a law | 24 |
| enforcement officer at the time of an automated speed |
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| enforcement violation and received a uniform traffic citation, | 2 |
| the vehicle owner is subject to a civil penalty, plus an | 3 |
| additional penalty for failure to pay the original penalty in a | 4 |
| timely manner.
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| (c) A law enforcement officer is not required to be present | 6 |
| or to witness the violation. | 7 |
| Section 18. System Requirements. | 8 |
| (a) The Department shall employ only those systems capable | 9 |
| of recording the speed, date, time, and location of a vehicle | 10 |
| committing a violation. | 11 |
| (b) The Department shall employ only those systems capable | 12 |
| of producing a photograph or other recorded image of a vehicle | 13 |
| committing a violation in which the vehicle and the vehicle's | 14 |
| registration plate are clearly visible.
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| (c) The photograph or other recorded image must display the | 16 |
| date, time, speed, and location of a vehicle committing a | 17 |
| violation. | 18 |
| Section 20. Deposits. All moneys paid as civil penalties | 19 |
| for automated speed enforcement violations shall be deposited | 20 |
| into the Automated Speed Enforcement Fund, which is hereby | 21 |
| created as a special fund in the State Treasury, for the | 22 |
| administration of the automated speed enforcement pilot | 23 |
| program. All remaining amounts shall be deposited into the Road | 24 |
| Fund. |
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| Section 25. Mandatory public information campaign. The | 2 |
| Department, with or without the assistance of a private entity, | 3 |
| must conduct a public information campaign to inform drivers | 4 |
| about the use of automated speed enforcement systems prior to | 5 |
| the establishment of the automated speed enforcement pilot | 6 |
| program. | 7 |
| Section 30. Signage. A location that is equipped with an | 8 |
| automated speed enforcement system must be posted with a sign | 9 |
| visible to approaching traffic one-half mile before the | 10 |
| location that the location is being monitored by an automated | 11 |
| speed enforcement system. | 12 |
| Section 35. Confidentiality. Any photograph or recorded | 13 |
| image made by an automated speed enforcement system is | 14 |
| confidential and shall be made available only to the vehicle | 15 |
| owner and governmental and law enforcement agencies for the | 16 |
| purposes of adjudicating a violation, for statistical | 17 |
| purposes, or for other governmental purposes. Any photograph or | 18 |
| recorded image made by an automated speed enforcement system | 19 |
| evidencing a violation, however, may be admissible in any | 20 |
| proceeding to adjudicate the violation. | 21 |
| Section 40. Issuance of the notice of a violation. | 22 |
| (a) For each violation, the Department shall issue a |
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| written notice of violation to the vehicle owner. The notice | 2 |
| shall be delivered to the vehicle owner within 30 days after | 3 |
| the Secretary of State notifies the Department of the identity | 4 |
| of the vehicle owner, but in no event later than 90 days after | 5 |
| the violation. | 6 |
| (b) The notice of violation must include: | 7 |
| (1) the name and address of the vehicle owner; | 8 |
| (2) the registration number of the vehicle; | 9 |
| (3) the violation charged; | 10 |
| (4) the speed of the vehicle; | 11 |
| (5) the time, date, and location of the violation; | 12 |
| (6) notice that the basis of the violation is a | 13 |
| photograph or recorded image made by an automated speed | 14 |
| enforcement system; | 15 |
| (7) a copy of the photograph or recorded image made by | 16 |
| the system; | 17 |
| (8) the amount of the civil penalty imposed and the | 18 |
| date by which the penalty must be paid or contested; | 19 |
| (9) a statement that recorded images are evidence of a | 20 |
| violation; and | 21 |
| (10) information regarding the manner in which and the | 22 |
| time and place that the violation may be contested. | 23 |
| (c) The notice of violation must be accompanied by a | 24 |
| written statement that lists the vehicle owner's rights, | 25 |
| obligations, and allowable defenses and explains how the | 26 |
| vehicle owner can elect to proceed by either paying the civil |
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| penalty or contesting liability for the civil penalty. | 2 |
| (d) The Department shall retain a copy of all violation | 3 |
| notices, electronically or otherwise. | 4 |
| Section 45. Response to issuance of a notice of violation. | 5 |
| A person issued a notice of violation under this Act may | 6 |
| respond to the notice by any method allowed by Section 50 of | 7 |
| this Act. | 8 |
| Section 50. Administrative adjudication of violations. | 9 |
| (a) The Department shall provide for a system of | 10 |
| administrative adjudication of automated speed enforcement | 11 |
| system violations. The system of administrative adjudication | 12 |
| shall have as its purpose the fair and efficient enforcement of | 13 |
| automated speed enforcement systems. The system of | 14 |
| administrative adjudication shall only have the authority to | 15 |
| adjudicate a violation carrying a civil penalty not in excess | 16 |
| of $250. | 17 |
| (b) The system of administrative adjudication shall | 18 |
| provide for: | 19 |
| (1) procedures for payment of and contesting liability | 20 |
| for civil penalties for violations. | 21 |
| (2) notice and delivery of violations in accordance | 22 |
| with Section 40 of this Act. | 23 |
| (3) retention of records in accordance with Section 40 | 24 |
| of this Act. |
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| (4) a determination made by a technician employed or | 2 |
| contracted by the Department that, based on inspections of | 3 |
| photographs, images, and other information recorded by the | 4 |
| systems, that the vehicle committed a violation. | 5 |
| (5) collection of moneys paid as civil penalties. | 6 |
| (6) a list of allowable defenses. | 7 |
| (7) the processing and delivery of notices required by | 8 |
| this Act and Section 3-704.3 of the Illinois Vehicle Code. | 9 |
| (8) an opportunity for a hearing for the vehicle owner | 10 |
| cited in the violation notice in which the vehicle owner | 11 |
| may contest the merits of the alleged violation, and during | 12 |
| which formal or technical rules of evidence shall not | 13 |
| apply; provided, however, that the lessee of a vehicle | 14 |
| cited in the violation notice likewise shall be provided an | 15 |
| opportunity for a hearing of the same kind afforded the | 16 |
| vehicle owner. The hearings shall be recorded, and the | 17 |
| hearing officer shall be empowered to administer oaths and | 18 |
| to secure by subpoena both the attendance and testimony of | 19 |
| witnesses and the production of relevant books and papers. | 20 |
| Persons appearing at a hearing under this Section may be | 21 |
| represented by counsel at their expense. The system of | 22 |
| administrative adjudication may also provide for internal | 23 |
| administrative review following the decision of the | 24 |
| hearing officer. | 25 |
| (9) delivery of additional notices, sent by first class | 26 |
| United States mail, postage prepaid, to the address of the |
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| vehicle owner of the cited vehicle, or, if any notice to | 2 |
| that address is returned as undeliverable, to the last | 3 |
| known address recorded in a United States Post Office | 4 |
| approved database, or to the lessee of the cited vehicle at | 5 |
| the last address known to the lessor of the cited vehicle | 6 |
| at the time of lease or, if any notice to that address is | 7 |
| returned as undeliverable, to the last known address | 8 |
| recorded in a United States Post Office approved database. | 9 |
| The delivery shall be deemed complete as of the date of | 10 |
| deposit in the United States mail. The notices shall be in | 11 |
| the following sequence and shall include but not be limited | 12 |
| to the information specified herein: | 13 |
| (A) A second notice of violation. The second notice | 14 |
| of violation shall include, without limitation, the | 15 |
| date of delivery of the first notice of violation | 16 |
| described in Section 40 of this Act and each disclosure | 17 |
| contained in the first notice of violation described in | 18 |
| Section 40 of this Act. The second notice of violation | 19 |
| shall also state that failure either to pay the | 20 |
| indicated penalty or to appear at a hearing on the | 21 |
| merits in the time and manner specified, will result in | 22 |
| a final determination of violation liability in the | 23 |
| amount of the penalty indicated, and that, upon the | 24 |
| occurrence of a final determination of violation | 25 |
| liability for the failure, and the exhaustion of, or | 26 |
| failure to exhaust, available administrative or |
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| judicial procedures for review, any unpaid penalty | 2 |
| will constitute a debt due and owing the Department. | 3 |
| (B) A notice of final determination of automated | 4 |
| speed enforcement violation liability. The notice | 5 |
| shall be sent following a final determination of | 6 |
| automated speed enforcement violation liability and | 7 |
| the exhaustion of or failure to exhaust any | 8 |
| administrative procedures. The notice shall state that | 9 |
| the unpaid civil penalty is a debt due and owing the | 10 |
| Department. The notice shall contain warnings that | 11 |
| failure to pay any civil penalty due and owing the | 12 |
| Department within the time specified may result in the | 13 |
| Department filing of a petition in the Circuit Court to | 14 |
| have the unpaid civil penalty rendered a judgment as | 15 |
| provided by this Section, or may result in suspension | 16 |
| of the vehicle registration under Section 6-704.3 of | 17 |
| the Illinois Vehicle Code for failure to pay 3 or more | 18 |
| automated speed enforcement violations. | 19 |
| (10) A Notice of impending registration suspension. | 20 |
| The notice shall be sent to the person liable for any civil | 21 |
| penalty that remains due and owing on 3 or more automated | 22 |
| speed enforcement violations. The notice shall state that | 23 |
| failure to pay the civil penalty owing within 45 days of | 24 |
| the notice's date will result in the Department notifying | 25 |
| the Secretary of State that the person is eligible for | 26 |
| initiation of suspension proceedings under Section 6-704.3 |
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| of the Illinois Vehicle Code. The notice shall also state | 2 |
| that the person may obtain a copy of the first violation | 3 |
| notice described in Section 40 of this Act by sending a | 4 |
| self addressed, stamped envelope to the Department along | 5 |
| with a request for the copy. The notice of impending | 6 |
| registration suspension shall be sent by first class United | 7 |
| States mail, postage prepaid, to the address recorded with | 8 |
| the Secretary of State or, if any notice to that address is | 9 |
| returned as undeliverable, to the last known address | 10 |
| recorded in a United States Post Office approved database. | 11 |
| (11) final determinations of automated speed | 12 |
| enforcement violation liability. A final determination of | 13 |
| automated speed enforcement violation liability shall | 14 |
| occur following failure to pay the civil penalty after a | 15 |
| hearing officer's determination of violation liability and | 16 |
| the exhaustion of or failure to exhaust any administrative | 17 |
| review procedures. Where a person fails to appear at a | 18 |
| hearing to contest the alleged violation in the time and | 19 |
| manner specified in a prior mailed notice, the hearing | 20 |
| officer's determination of violation liability shall | 21 |
| become final: | 22 |
| (A) upon denial of a timely petition to set aside | 23 |
| that determination; or | 24 |
| (B) upon expiration of the period for filing the | 25 |
| petition to set aside that determination without a | 26 |
| filing having been made. |
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| (12) a petition to set aside a determination of an | 2 |
| automated speed enforcement violation liability that may | 3 |
| be filed by a person owing an unpaid civil penalty. The | 4 |
| petition shall be filed with and ruled upon by the | 5 |
| Department in the manner and within the time specified by | 6 |
| rule. After the determination of an automated speed | 7 |
| enforcement violation liability has been set aside upon a | 8 |
| showing of just cause, the vehicle owner shall be provided | 9 |
| with a hearing on the merits for that violation. The | 10 |
| grounds for the petition shall be limited to: | 11 |
| (A) the person not having been the vehicle owner or | 12 |
| lessee of the cited vehicle on the date the violation | 13 |
| notice was issued; | 14 |
| (B) the person having already paid the civil | 15 |
| penalty for the violation in question; and | 16 |
| (C) excusable failure to appear at or request a new | 17 |
| date for a hearing. | 18 |
| (13) procedures for non residents. The Department | 19 |
| shall adopt procedures by which persons who are not | 20 |
| residents of the State may contest the merits of the | 21 |
| alleged violation without attending a hearing in person. | 22 |
| (14) a schedule of civil civil penalties for automated | 23 |
| speed enforcement violations and a schedule of additional | 24 |
| penalties for failure to pay the original penalties in a | 25 |
| timely manner; provided, however, that the total amount of | 26 |
| the penalties shall not exceed $250, unless the driver of a |
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| vehicle was cited by a law enforcement officer at the time | 2 |
| of the violation and received a uniform traffic citation. | 3 |
| (c) Judicial review of final determinations of automated | 4 |
| speed enforcement violations shall be subject to the provisions | 5 |
| of the Administrative Review Law. | 6 |
| (d) Any civil penalty, or part of any civil penalty | 7 |
| remaining unpaid after the exhaustion of, or the failure to | 8 |
| exhaust, administrative remedies created by this Act and the | 9 |
| conclusion of any applicable judicial review procedures shall | 10 |
| be a debt due and owing to the Department and, as such, may be | 11 |
| collected in accordance with applicable law. Payment in full of | 12 |
| any civil penalty resulting from an automated speed enforcement | 13 |
| violation shall constitute a final disposition of the | 14 |
| violation. | 15 |
| (e) After the expiration of the period within which | 16 |
| judicial review may be sought for a final determination of | 17 |
| automated speed enforcement violation, the Department may | 18 |
| commence a proceeding in the Circuit Court for purposes of | 19 |
| obtaining a judgment on the final determination of violation. | 20 |
| Nothing in this Section shall prevent a Department from | 21 |
| consolidating multiple final determinations automated speed | 22 |
| enforcement violations against a person in a proceeding. Upon | 23 |
| commencement of the action, the Department shall file a | 24 |
| certified copy or record of the final determination of | 25 |
| automated speed enforcement violation, which shall be | 26 |
| accompanied by a certification that recites facts sufficient to |
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| show that the final determination of violation was issued in | 2 |
| accordance with this Act. Service of the summons and a copy of | 3 |
| the petition may be by any method provided by Section 2-203 of | 4 |
| the Code of Civil Procedure or by certified mail, return | 5 |
| receipt requested, provided that the total amount of fines and | 6 |
| penalties for final determinations of automated traffic | 7 |
| enforcement violations does not exceed $250.00. If the court is | 8 |
| satisfied that the final determination of automated speed | 9 |
| enforcement violation was entered in accordance with the | 10 |
| requirements of this Section, and that the vehicle owner or the | 11 |
| lessee, as the case may be, had an opportunity for an | 12 |
| administrative hearing and for judicial review as provided in | 13 |
| this Section, the court shall render judgment in favor of the | 14 |
| Department and against the vehicle owner or the lessee for the | 15 |
| amount indicated in the final determination of automated speed | 16 |
| enforcement violation, plus costs. The judgment shall have the | 17 |
| same effect and may be enforced in the same manner as other | 18 |
| judgments for the recovery of money. | 19 |
| Section 55. Identification of a renter or lessee. | 20 |
| (a) A notice of violation issued under this Act to a motor | 21 |
| vehicle rental or leasing company shall be dismissed with | 22 |
| respect to the motor vehicle rental or leasing company if: | 23 |
| (1) the company responds to the notice of violation by | 24 |
| submitting, within 30 days of the mailing of the citation, | 25 |
| an affidavit of non-liability stating that, at the time of |
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| the alleged violation, the vehicle was in the custody and | 2 |
| control of a renter or lessee under the terms of a rental | 3 |
| agreement or lease; and | 4 |
| (2) the company provides the driver's license number, | 5 |
| name, and address of the renter or lessee. | 6 |
| (b) A notice of violation dismissed with respect to a motor | 7 |
| vehicle rental or leasing company in accordance with subsection | 8 |
| (a) may then be issued and delivered by mail or other means to | 9 |
| the renter or lessee identified in the affidavit of non | 10 |
| liability. | 11 |
| Section 60. Semi-annual reporting requirement. | 12 |
| (a) The Department shall report to the General Assembly on | 13 |
| the automated speed enforcement pilot program by January 1, | 14 |
| 2011 and every 6 months thereafter. The report shall, at a | 15 |
| minimum, include: | 16 |
| (1) A specific description of the exact location of the | 17 |
| systems; | 18 |
| (2) In the event any systems were removed or relocated, | 19 |
| a specific description of the exact location in which the | 20 |
| systems were formerly located; | 21 |
| (3) The criterion adopted by the Department to | 22 |
| determine where to install the systems; | 23 |
| (4) In the event any systems were removed or relocated, | 24 |
| the specific reason or reasons why the Department decided | 25 |
| to remove or relocate the systems; |
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| (5) Fatality and crash data for each location equipped | 2 |
| with a system; | 3 |
| (6) The name, address, company history, and finances of | 4 |
| the private entity contracted by the Department pursuant to | 5 |
| Section 15 of this Act; | 6 |
| (7) The total cost of administering the pilot program, | 7 |
| including all moneys paid to the private entity contracted | 8 |
| by the Department; | 9 |
| (8) The total amount of moneys, to date, deposited into | 10 |
| the Automated Speed Enforcement Fund described in Section | 11 |
| 20 of this Act; | 12 |
| (9) The total amount of moneys, to date, transferred | 13 |
| into the Road Fund pursuant to Section 20 of this Act; | 14 |
| (10) The qualifications of the technicians employed or | 15 |
| contracted by the Department or a private entity having a | 16 |
| contract with the Department that inspect photographs, | 17 |
| images, and other information recorded by the system | 18 |
| pursuant to Section 50 of this Act; | 19 |
| (11) The average number of violations recorded by the | 20 |
| system per hour, per day, and per month; and | 21 |
| (12) A survey of automated speed enforcement laws and | 22 |
| programs enacted or implemented in other states. | 23 |
| (b) The private entity contracted by the Department | 24 |
| pursuant to Section 15 of this Act is mandated to cooperate | 25 |
| with the Department in the preparation of this report. |
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| Section 65. The Department may promulgate rules to carry | 2 |
| out its duties under this Act. | 3 |
| Section 70. Repeal. This Act is repealed on January 1, | 4 |
| 2013. | 5 |
| Section 905. The State Finance Act is amended by adding | 6 |
| Section 5.719 as follows: | 7 |
| (30 ILCS 105/5.719 new) | 8 |
| Sec. 5.719. The Automated Speed Enforcement Fund. | 9 |
| Section 910. The Illinois Vehicle Code is amended by adding | 10 |
| Section 3-704.3 and by changing Sections 11-612 and 11-1302 as | 11 |
| follows: | 12 |
| (625 ILCS 5/3-704.3 new)
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| Sec. 3-704.3. Failure to satisfy civil penalties for | 14 |
| automated speed enforcement violations. | 15 |
| (a) Upon receipt of a certified report, as described in | 16 |
| this Section, from the Department stating that the owner of a | 17 |
| registered vehicle failed to pay any civil penalty due and | 18 |
| owing as a result of 3 offenses for automated speed enforcement | 19 |
| system violations pursuant to the Automated Speed Enforcement | 20 |
| Act, the Secretary may suspend the vehicle registration of the | 21 |
| person in accordance with the procedures set forth in this |
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| Section. | 2 |
| (b) Following receipt of the certified report, as described | 3 |
| in this Section, the Secretary shall notify the person whose | 4 |
| name appears on the certified report that the vehicle owner's | 5 |
| registration will be suspended at the end of a specified period | 6 |
| unless the Secretary is presented with a notice from the | 7 |
| Department certifying that the civil penalties owing the | 8 |
| Department have been satisfied or that inclusion of that | 9 |
| person's name on the certified report was in error. The | 10 |
| Secretary's notice shall state in substance the information | 11 |
| contained in the Department's certified report to the | 12 |
| Secretary, and shall be effective as specified by subsection | 13 |
| (c) of Section 6-211 of this Code. The notice must be given in | 14 |
| writing by certified mail, return receipt requested, and is | 15 |
| effective on the date listed in the notice of suspension, | 16 |
| except that the notice is not effective until 4 days after the | 17 |
| date on which the notice was deposited into the United States | 18 |
| mail. The notice becomes effective 4 days after its deposit | 19 |
| into the United States mail regardless of whether the Secretary | 20 |
| receives the return receipt and regardless of whether the | 21 |
| written notification is returned for any reason to the | 22 |
| Secretary as undeliverable. | 23 |
| (c) The Department's report notifying the Secretary of | 24 |
| unsatisfied civil penalties shall be certified and shall | 25 |
| contain the following: | 26 |
| (1) The name, last known address, and the registration |
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| number of the vehicle of the person who failed to satisfy | 2 |
| the civil penalties. | 3 |
| (2) A statement that, pursuant to Section 50 of the | 4 |
| Automated Speed Enforcement Act, the Department sent a | 5 |
| notice of an impending vehicle registration suspension to | 6 |
| the person named in the report at the address recorded with | 7 |
| the Secretary; the date on which the notice was sent; and | 8 |
| the address to which the notice was sent. | 9 |
| (d) The Department, after making a certified report as | 10 |
| described in this Section, shall notify the Secretary, on a | 11 |
| form prescribed by the Secretary, whenever a person named in | 12 |
| the certified report has paid the previously reported civil | 13 |
| penalties or whenever the Department determines that the | 14 |
| original report was in error. A certified copy of the | 15 |
| notification shall also be given upon request and at no | 16 |
| additional charge to the person named therein. Upon receipt of | 17 |
| the Department's notification or presentation of a certified | 18 |
| copy of the notification, the Secretary shall terminate the | 19 |
| suspension. | 20 |
| (e) The Department shall, by rule, establish procedures for | 21 |
| persons to challenge the accuracy of the certified report made | 22 |
| pursuant to this Section. The Department shall also, by rule, | 23 |
| establish allowable grounds for a challenge, which may be | 24 |
| limited to: | 25 |
| (1) the person not having been the owner or lessee of | 26 |
| the vehicle or vehicles receiving 3 or more automated speed |
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| enforcement violations on the date or dates the notices | 2 |
| were issued; or | 3 |
| (2) the person having already paid the civil penalties | 4 |
| for the 3 or more automated speed enforcement violations | 5 |
| indicated on the certified report. | 6 |
| (f) A person may request an administrative hearing to | 7 |
| contest an impending suspension or a suspension made pursuant | 8 |
| to this Section upon filing a written request with the | 9 |
| Secretary. The filing fee for this hearing is $20, to be paid | 10 |
| at the time of the request. The Department shall reimburse the | 11 |
| Secretary for all reasonable costs incurred by the Secretary as | 12 |
| a result of the filing of a certified report pursuant to this | 13 |
| Section, including, but not limited to, the costs of providing | 14 |
| notice required pursuant to subsection (b) and the costs | 15 |
| incurred by the Secretary in any hearing conducted with respect | 16 |
| to the report pursuant to this subsection and any appeal from | 17 |
| that hearing. | 18 |
| (g) The Secretary and the Department may promulgate rules | 19 |
| to enable them to carry out their duties under this Section. | 20 |
| (h) The Department shall cooperate with the Secretary in | 21 |
| the administration of this Section and shall provide the | 22 |
| Secretary with any information the Secretary may deem necessary | 23 |
| for these purposes. | 24 |
| (i) The Secretary shall cooperate with the Department in | 25 |
| the administration of this Section and shall provide the | 26 |
| Department with any information the Department may deem |
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LRB096 05151 AJT 25829 a |
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| 1 |
| necessary for the purposes of this Section, including regular | 2 |
| and timely access to vehicle registration records. Section | 3 |
| 2-123 of this Code shall not apply to the provision of this | 4 |
| information, but the Secretary shall be reimbursed for the cost | 5 |
| of providing this information. | 6 |
| (j) For purposes of this Section, the term "Department" | 7 |
| means the Department of Transportation and "Secretary" means | 8 |
| the Secretary of State. | 9 |
| (625 ILCS 5/11-612)
| 10 |
| Sec. 11-612. Certain systems to record vehicle speeds | 11 |
| prohibited. Except as authorized in the Automated Traffic | 12 |
| Control Systems in Highway Construction or Maintenance Zones | 13 |
| Act and the Automated Speed Enforcement Act , no photographic, | 14 |
| video, or other imaging system may be used in this State to | 15 |
| record vehicle speeds for the purpose of enforcing any law or | 16 |
| ordinance regarding a maximum or minimum speed limit unless a | 17 |
| law enforcement officer is present at the scene and witnesses | 18 |
| the event. No State or local governmental entity, including a | 19 |
| home rule county or municipality, may use such a system in a | 20 |
| way that is prohibited by this Section. The regulation of the | 21 |
| use of such systems is an exclusive power and function of the | 22 |
| State. This Section is a denial and limitation of home rule | 23 |
| powers and functions under subsection (h) of Section 6 of | 24 |
| Article VII of the Illinois Constitution.
| 25 |
| (Source: P.A. 94-771, eff. 1-1-07; 94-795, eff. 5-22-06; |
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LRB096 05151 AJT 25829 a |
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| 1 |
| 94-814, eff. 1-1-07.)
| 2 |
| (625 ILCS 5/11-1302) (from Ch. 95 1/2, par. 11-1302)
| 3 |
| Sec. 11-1302. Officers authorized to remove vehicles. (a) | 4 |
| Whenever any police officer
finds a vehicle
in violation of any | 5 |
| of the provisions of Section
11-1301 such officer is hereby | 6 |
| authorized to move such vehicle, or require the
driver or other | 7 |
| person in charge of the vehicle to move the same, to a position
| 8 |
| off the roadway.
| 9 |
| (b) Any police officer is hereby authorized to remove or | 10 |
| cause to be removed
to a place of safety any unattended
vehicle | 11 |
| illegally left standing upon any highway, bridge, causeway,
or | 12 |
| in a tunnel, in such a
position or under such circumstances as | 13 |
| to obstruct the normal movement of traffic.
| 14 |
| Whenever the Department finds an abandoned or disabled | 15 |
| vehicle
standing upon the paved or main-traveled part of a | 16 |
| highway, which
vehicle is or may be expected to interrupt the | 17 |
| free flow of traffic
on the highway or interfere with the | 18 |
| maintenance of the highway,
the Department is authorized to | 19 |
| move the vehicle to a position off
the paved or improved or | 20 |
| main-traveled part of the highway.
| 21 |
| (c) Any police officer is hereby authorized to remove or | 22 |
| cause
to be removed to the nearest garage or other place of | 23 |
| safety any
vehicle found upon a highway when:
| 24 |
| 1. Report has been made that such vehicle has been stolen | 25 |
| or
taken without the consent of its owner, or
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LRB096 05151 AJT 25829 a |
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| 1 |
| 2. The person or persons in charge of such vehicle are | 2 |
| unable
to provide for its custody or removal, or
| 3 |
| 3. When the person driving or in control of such vehicle is
| 4 |
| arrested for an alleged offense for which the officer is | 5 |
| required
by law to take the person arrested before a proper | 6 |
| magistrate without
unnecessary delay , or .
| 7 |
| 4. When the registration plate or plates on the vehicle has | 8 |
| been suspended, cancelled, or revoked. | 9 |
| (Source: P.A. 79-1069.)
| 10 |
| Section 999. Effective date. This Act takes effect upon | 11 |
| becoming law.".
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