Full Text of SB0933 96th General Assembly
SB0933ham001 96TH GENERAL ASSEMBLY
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Executive Committee
Filed: 5/19/2009
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| AMENDMENT TO SENATE BILL 933
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| AMENDMENT NO. ______. Amend Senate Bill 933 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 traveling 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 and in | 14 |
| no other location. | 15 |
| (c) The Department shall contract with a private entity to | 16 |
| provide for the installation, maintenance, and operation of the | 17 |
| systems and other services necessary to implement and | 18 |
| administer the pilot program. | 19 |
| Section 17. Automated speed enforcement violations. | 20 |
| (a) An automated speed enforcement violation is not a | 21 |
| violation of a traffic regulation governing the movement of | 22 |
| vehicles and may not be recorded on the driving record of the | 23 |
| vehicle owner.
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| (b) Unless the driver of a vehicle was cited by a law |
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| enforcement officer at the time of an automated speed | 2 |
| enforcement violation and received a uniform traffic citation, | 3 |
| the vehicle owner is subject to a civil penalty, plus an | 4 |
| additional penalty for failure to pay the original penalty in a | 5 |
| timely manner.
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| (c) A law enforcement officer is not required to be present | 7 |
| or to witness the violation. | 8 |
| Section 18. System Requirements. | 9 |
| (a) The Department shall employ only those systems capable | 10 |
| of recording the speed, date, time, and location of a vehicle | 11 |
| committing a violation. | 12 |
| (b) The Department shall employ only those systems capable | 13 |
| of producing a photograph or other recorded image of a vehicle | 14 |
| committing a violation in which the vehicle and the vehicle's | 15 |
| registration plate are clearly visible.
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| (c) The photograph or other recorded image must display the | 17 |
| date, time, speed, and location of a vehicle committing a | 18 |
| violation. | 19 |
| Section 20. Deposits. All moneys paid as civil penalties | 20 |
| for automated speed enforcement violations shall be deposited | 21 |
| into the Automated Speed Enforcement Fund, which is hereby | 22 |
| created as a special fund in the State Treasury, for the | 23 |
| administration of the automated speed enforcement pilot | 24 |
| program. Of the remaining amounts, 90% shall be deposited into |
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| the Road Fund, and 10% shall be paid to the City of East St. | 2 |
| Louis for the purposes of road construction, reconstruction, | 3 |
| improvement, rehabilitation, and resurfacing. | 4 |
| Section 25. Mandatory public information campaign. The | 5 |
| Department, with or without the assistance of a private entity, | 6 |
| must conduct a public information campaign to inform drivers | 7 |
| about the use of automated speed enforcement systems prior to | 8 |
| the establishment of the automated speed enforcement pilot | 9 |
| program. | 10 |
| Section 30. Signage. A location that is equipped with an | 11 |
| automated speed enforcement system must be posted with a sign | 12 |
| visible to approaching traffic one-half mile before the | 13 |
| location that the location is being monitored by an automated | 14 |
| speed enforcement system. | 15 |
| Section 35. Confidentiality. Any photograph or recorded | 16 |
| image made by an automated speed enforcement system is | 17 |
| confidential and shall be made available only to the vehicle | 18 |
| owner, governmental and law enforcement agencies, and the | 19 |
| private entity contracted by the Department pursuant to Section | 20 |
| 15 of this Act for the purposes of adjudicating a violation, | 21 |
| for statistical purposes, or for other governmental purposes. | 22 |
| Any photograph or recorded image made by an automated speed | 23 |
| enforcement system evidencing a violation, however, may be |
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| admissible in any proceeding to adjudicate the violation. | 2 |
| Section 40. Administrative adjudication of violations. | 3 |
| (a) The Department shall provide for a system of | 4 |
| administrative adjudication of automated speed enforcement | 5 |
| system violations. The system of administrative adjudication | 6 |
| shall have at its purpose the fair and efficient enforcement of | 7 |
| automated speed enforcement systems. The system of | 8 |
| administrative adjudication shall only have the authority to | 9 |
| adjudicate a violation carrying a civil penalty not in excess | 10 |
| of $250. | 11 |
| (b) The system of administrative adjudication shall | 12 |
| provide for: | 13 |
| (1) Determinations made by technicians employed or | 14 |
| contracted by the Department that, based on inspections of | 15 |
| photographs or recorded images and other information | 16 |
| recorded by the systems, a violation occurred. | 17 |
| (2) A schedule of civil penalties for automated speed | 18 |
| enforcement violations including a schedule of additional | 19 |
| penalties for failure to pay the original penalties in a | 20 |
| timely manner; provided, however, that the total amount of | 21 |
| the civil penalties for a single violation shall not exceed | 22 |
| $250, unless the driver of a vehicle was cited by a law | 23 |
| enforcement officer at the time of the violation and | 24 |
| received a uniform traffic citation. | 25 |
| (3) Procedures for payment of and contesting liability |
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| for civil penalties for violations. | 2 |
| (4) Collection of moneys paid as civil penalties. | 3 |
| (5) Retention of records, including but not limited to | 4 |
| violation notices. The Department shall retain a copy of | 5 |
| all violation notices, electronically or otherwise. | 6 |
| (6) A list of allowable defenses. | 7 |
| (7) Regular and timely access to vehicle | 8 |
| identification records maintained by the Secretary of | 9 |
| State insofar as it is necessary to carry out this Act. | 10 |
| (8) Procedures for non residents. The Department shall | 11 |
| adopt procedures by which persons who are not residents of | 12 |
| the State may contest the merits of the alleged violation | 13 |
| without attending a hearing in person. | 14 |
| (9) The processing and delivery of notices required by | 15 |
| this Act and Section 3-704.3 of the Illinois Vehicle Code. | 16 |
| The notices shall be sent by first class United States | 17 |
| mail, postage prepaid, to the address recorded with the | 18 |
| Secretary of State or, if any notice to that address is | 19 |
| returned undeliverable, to the last known address recorded | 20 |
| in a United States Post Office approved database. The | 21 |
| notices shall include, but not be limited to, the | 22 |
| information specified herein: | 23 |
| (A) A first notice of violation. The notice shall | 24 |
| be delivered to the vehicle owner within 30 days after | 25 |
| the Secretary of State provides the Department with | 26 |
| information necessary to identify the vehicle owner |
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| and in no event, later than 90 days after the | 2 |
| violation. This notice must include: | 3 |
| (i) the name and address of the vehicle owner; | 4 |
| (ii)
the registration number of the vehicle; | 5 |
| (iii) the violation charged; | 6 |
| (iv) the speed of the vehicle; | 7 |
| (v) the time, date, and location of the | 8 |
| violation; | 9 |
| (vi) a statement providing that the basis of | 10 |
| the violation is a photograph or recorded image | 11 |
| made by an automated speed enforcement system; | 12 |
| (vii)
a copy of the photograph or recorded | 13 |
| image made by the system; | 14 |
| (viii)
the amount of the civil penalty imposed | 15 |
| and the date by which the penalty must be paid or | 16 |
| contested; | 17 |
| (ix)
the amount of the civil penalty that may | 18 |
| be imposed for failure to pay the original penalty | 19 |
| in a timely manner; | 20 |
| (x) a statement that recorded images are | 21 |
| evidence of a violation; | 22 |
| (xi) information regarding the manner in which | 23 |
| and the time and place that the violation may be | 24 |
| contested; and | 25 |
| (xii) a written statement that lists the | 26 |
| vehicle owner's rights, obligations, and allowable |
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| defenses and explains how the vehicle owner can | 2 |
| elect to proceed by either paying the civil penalty | 3 |
| or contesting liability for the civil penalty. | 4 |
| (B) A second notice of violation. The second notice | 5 |
| shall include the date of delivery of the first notice | 6 |
| of violation and state that the person may obtain a | 7 |
| copy of the first notice by sending a self addressed, | 8 |
| stamped envelope to the Department along with a request | 9 |
| for the copy. It shall also state that failure either | 10 |
| to pay the indicated penalty or to appear at a hearing | 11 |
| on the merits in the time and manner specified will | 12 |
| result in a final determination of automated speed | 13 |
| enforcement violation liability in the amount of the | 14 |
| penalty indicated, and that, upon the occurrence of a | 15 |
| final determination of violation liability for the | 16 |
| failure, and the exhaustion of, or failure to exhaust, | 17 |
| any available procedures for review, any unpaid | 18 |
| penalty will constitute a debt due and owing the | 19 |
| Department. | 20 |
| (C) A notice of final determination of automated | 21 |
| speed enforcement violation liability. The notice | 22 |
| shall be sent following a final determination of | 23 |
| automated speed enforcement violation liability and | 24 |
| the exhaustion of or failure to exhaust any procedures | 25 |
| for review. The notice shall state that the person may | 26 |
| obtain a copy of the first notice of violation or |
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| second notice of violation by sending a self addressed, | 2 |
| stamped envelope to the Department along with a request | 3 |
| for the copy. The notice shall state that the unpaid | 4 |
| civil penalty is a debt due and owing the Department. | 5 |
| The notice shall contain warnings that failure to pay | 6 |
| any civil penalty due and owing the Department within | 7 |
| the time specified may result in the Department filing | 8 |
| of a petition in the circuit court to have the unpaid | 9 |
| civil penalty rendered a judgment or may result in | 10 |
| suspension of vehicle registration under Section | 11 |
| 3-704.3 of the Illinois Vehicle Code for failure to pay | 12 |
| 3 or more automated speed enforcement violations. | 13 |
| (D) A notice of impending registration suspension. | 14 |
| The notice shall be sent to the person liable for any | 15 |
| civil penalty that remains due and owing on 3 or more | 16 |
| automated speed enforcement violations. The notice | 17 |
| shall state that failure to pay the civil penalty owing | 18 |
| within 45 days of the notice's date will result in the | 19 |
| Department notifying the Secretary of State that the | 20 |
| person is eligible for initiation of suspension | 21 |
| proceedings under Section 3-704.3 of the Illinois | 22 |
| Vehicle Code. The notice shall also state that the | 23 |
| person may obtain a copy of any violation notice | 24 |
| described in this Act by sending a self addressed, | 25 |
| stamped envelope to the Department along with a request | 26 |
| for the copy. |
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| (10) An opportunity for a hearing for the vehicle owner | 2 |
| cited in the violation notice in which the vehicle owner | 3 |
| may contest the merits of the alleged violation, and during | 4 |
| which formal or technical rules of evidence shall not | 5 |
| apply; provided, however, that the lessee of a vehicle | 6 |
| cited in the violation notice likewise shall be provided an | 7 |
| opportunity for a hearing of the same kind afforded to the | 8 |
| vehicle owner. The hearings shall be recorded, and the | 9 |
| hearing officer shall be empowered to administer oaths and | 10 |
| to secure by subpoena both the attendance and testimony of | 11 |
| witnesses and the production of relevant books and papers. | 12 |
| Persons appearing at the hearing under this Section may be | 13 |
| represented by counsel at their expense. The system of | 14 |
| administrative adjudication may also provide for internal | 15 |
| administrative review following the decision of the | 16 |
| hearing officer. | 17 |
| (11) Final determinations of automated speed | 18 |
| enforcement violation liability. A final determination of | 19 |
| automated speed enforcement violation liability shall | 20 |
| occur following failure to pay the civil penalty after a | 21 |
| hearing officer's determination of violation liability and | 22 |
| the exhaustion of or failure to exhaust any available | 23 |
| administrative procedures for review. Where a person fails | 24 |
| to appear at a hearing to contest the alleged violation in | 25 |
| the time and manner specified in a prior mailed notice, the | 26 |
| hearing officer's determination of violation liability |
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| shall become final: | 2 |
| (A) upon denial of a timely petition to set aside | 3 |
| that determination; or | 4 |
| (B) upon expiration of the period for filing the | 5 |
| petition to set aside that determination without a | 6 |
| filing having been made. | 7 |
| (12) A petition to set aside a determination of an | 8 |
| automated speed enforcement violation liability that may | 9 |
| be filed by a person owing an unpaid civil penalty. The | 10 |
| petition shall be filed with and ruled upon by the | 11 |
| Department in the manner and within the time specified by | 12 |
| rule. After the determination of an automated speed | 13 |
| enforcement violation liability has been set aside upon a | 14 |
| showing of just cause, the vehicle owner shall be provided | 15 |
| with a hearing on the merits for that violation. The | 16 |
| grounds for the petition may be limited to: | 17 |
| (A) the person not having been the vehicle owner or | 18 |
| lessee of the cited vehicle on the date the violation | 19 |
| notice was issued; | 20 |
| (B) the person having already paid the civil | 21 |
| penalty for the violation in question; and | 22 |
| (C) excusable failure to appear at or request a new | 23 |
| date for a hearing. | 24 |
| (c) Judicial review of final determinations of automated | 25 |
| speed enforcement violation liability shall be subject to the | 26 |
| provisions of the Administrative Review Law. |
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| (d) Any civil penalty or part of any civil penalty | 2 |
| remaining unpaid after the exhaustion of, or the failure to | 3 |
| exhaust, procedures for administrative or judicial review | 4 |
| shall be a debt due and owing to the Department and, as such, | 5 |
| may be collected in accordance with applicable law. Payment in | 6 |
| full of any civil penalty resulting from an automated speed | 7 |
| enforcement violation shall constitute a final disposition of | 8 |
| the violation. | 9 |
| (e) After the expiration of the period within which | 10 |
| judicial review of a final determination of automated speed | 11 |
| enforcement liability may be sought, the Department may | 12 |
| commence a proceeding in the circuit court for purposes of | 13 |
| obtaining a judgment on the final determination. Nothing in | 14 |
| this Section shall prevent the Department from consolidating | 15 |
| multiple final determinations against a person in a proceeding. | 16 |
| Upon commencement of the action, the Department shall file a | 17 |
| certified copy or record of the final determination, which | 18 |
| shall be accompanied by a certification that recites facts | 19 |
| sufficient to show that the final determination was issued in | 20 |
| accordance with this Act. Service of the summons and a copy of | 21 |
| the petition may be by any method provided by Section 2-203 of | 22 |
| the Code of Civil Procedure or by certified mail, return | 23 |
| receipt requested. If the court is satisfied that the final | 24 |
| determination was entered in accordance with the requirements | 25 |
| of this Act, and that the vehicle owner or the lessee, as the | 26 |
| case may be, had an opportunity for administrative and judicial |
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| review, the court shall render judgment in favor of the | 2 |
| Department and against the vehicle owner or the lessee for the | 3 |
| amount indicated in the final determination, plus costs. The | 4 |
| judgment shall have the same effect and may be enforced in the | 5 |
| same manner as other judgments for the recovery of money. | 6 |
| Section 45. Identification of a renter or lessee. | 7 |
| (a) A notice of violation issued under this Act to a motor | 8 |
| vehicle rental or leasing company shall be dismissed with | 9 |
| respect to the motor vehicle rental or leasing company if: | 10 |
| (1) the company responds to the notice of violation by | 11 |
| submitting, within 30 days of the mailing of the citation, | 12 |
| an affidavit of non-liability stating that, at the time of | 13 |
| the alleged violation, the vehicle was in the custody and | 14 |
| control of a renter or lessee under the terms of a rental | 15 |
| agreement or lease; and | 16 |
| (2) the company provides the driver's license number, | 17 |
| name, and address of the renter or lessee. | 18 |
| (b) A notice of violation dismissed with respect to a motor | 19 |
| vehicle rental or leasing company in accordance with subsection | 20 |
| (a) may then be issued and delivered by mail or other means to | 21 |
| the renter or lessee identified in the affidavit of non | 22 |
| liability. | 23 |
| Section 50. Semi-annual reporting requirement. | 24 |
| (a) The Department shall report to the General Assembly on |
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| the automated speed enforcement pilot program by January 1, | 2 |
| 2011 and every 6 months thereafter. The report shall, at a | 3 |
| minimum, include: | 4 |
| (1) a specific description of the exact location of the | 5 |
| systems; | 6 |
| (2) in the event any systems were removed or relocated, | 7 |
| a specific description of the exact location in which the | 8 |
| systems were formerly located; | 9 |
| (3) the criterion adopted by the Department to | 10 |
| determine where to install the systems; | 11 |
| (4) in the event any systems were removed or relocated, | 12 |
| the specific reason or reasons why the Department decided | 13 |
| to remove or relocate the systems; | 14 |
| (5) fatality and crash data for each location equipped | 15 |
| with a system; | 16 |
| (6) the name, address, company history, and finances of | 17 |
| the private entity contracted by the Department pursuant to | 18 |
| Section 15 of this Act; | 19 |
| (7) the total cost of administering the pilot program, | 20 |
| including all moneys paid to the private entity contracted | 21 |
| by the Department; | 22 |
| (8) the total amount of moneys, to date, deposited into | 23 |
| the Automated Speed Enforcement Fund described in Section | 24 |
| 20 of this Act; | 25 |
| (9) the total amount of moneys, to date, transferred | 26 |
| into the Road Fund pursuant to Section 20 of this Act; |
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| (10) the qualifications of the technicians employed or | 2 |
| contracted by the Department or a private entity having a | 3 |
| contract with the Department that inspect photographs, | 4 |
| images, and other information recorded by the system | 5 |
| pursuant to this Act; | 6 |
| (11) the average number of violations recorded by the | 7 |
| system per hour, per day, and per month; and | 8 |
| (12) a survey of automated speed enforcement laws and | 9 |
| programs enacted or implemented in other states. | 10 |
| (b) The private entity contracted by the Department | 11 |
| pursuant to Section 15 of this Act is mandated to cooperate | 12 |
| with the Department in the preparation of this report. | 13 |
| Section 55. The Department may promulgate rules to carry | 14 |
| out its duties under this Act. | 15 |
| Section 60. Repeal. This Act is repealed on January 1, | 16 |
| 2013. | 17 |
| Section 905. The State Finance Act is amended by adding | 18 |
| Section 5.719 as follows: | 19 |
| (30 ILCS 105/5.719 new) | 20 |
| Sec. 5.719. The Automated Speed Enforcement Fund. | 21 |
| Section 910. The Illinois Vehicle Code is amended by adding |
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| Section 3-704.3 and by changing Sections 11-612 and 11-1302 as | 2 |
| follows: | 3 |
| (625 ILCS 5/3-704.3 new)
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| Sec. 3-704.3. Failure to satisfy civil penalties for | 5 |
| automated speed enforcement violations. | 6 |
| (a) Upon receipt of a certified report, as described in | 7 |
| this Section, from the Department stating that the owner of a | 8 |
| registered vehicle failed to pay any civil penalty due and | 9 |
| owing as a result of 3 offenses for automated speed enforcement | 10 |
| system violations pursuant to the Automated Speed Enforcement | 11 |
| Act, the Secretary may suspend the vehicle registration of the | 12 |
| person in accordance with the procedures set forth in this | 13 |
| Section. | 14 |
| (b) Following receipt of the certified report, as described | 15 |
| in this Section, the Secretary shall notify the person whose | 16 |
| name appears on the certified report that the vehicle owner's | 17 |
| registration will be suspended at the end of a specified period | 18 |
| unless the Secretary is presented with a notice from the | 19 |
| Department certifying that the civil penalties owing the | 20 |
| Department have been satisfied or that inclusion of that | 21 |
| person's name on the certified report was in error. The | 22 |
| Secretary's notice shall state in substance the information | 23 |
| contained in the Department's certified report to the | 24 |
| Secretary, and shall be effective as specified by subsection | 25 |
| (c) of Section 6-211 of this Code. The notice must be given in |
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| writing by certified mail, return receipt requested, and is | 2 |
| effective on the date listed in the notice of suspension, | 3 |
| except that the notice is not effective until 4 days after the | 4 |
| date on which the notice was deposited into the United States | 5 |
| mail. The notice becomes effective 4 days after its deposit | 6 |
| into the United States mail regardless of whether the Secretary | 7 |
| receives the return receipt and regardless of whether the | 8 |
| written notification is returned for any reason to the | 9 |
| Secretary as undeliverable. | 10 |
| (c) The Department's report notifying the Secretary of | 11 |
| unsatisfied civil penalties shall be certified and shall | 12 |
| contain the following: | 13 |
| (1) The name, last known address, and the registration | 14 |
| number of the vehicle of the person who failed to satisfy | 15 |
| the civil penalties. | 16 |
| (2) A statement that, pursuant to Section 40 of the | 17 |
| Automated Speed Enforcement Act, the Department sent a | 18 |
| notice of an impending vehicle registration suspension to | 19 |
| the person named in the report at the address recorded with | 20 |
| the Secretary; the date on which the notice was sent; and | 21 |
| the address to which the notice was sent. | 22 |
| (d) The Department, after making a certified report as | 23 |
| described in this Section, shall notify the Secretary, on a | 24 |
| form prescribed by the Secretary, whenever a person named in | 25 |
| the certified report has paid the previously reported civil | 26 |
| penalties or whenever the Department determines that the |
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| original report was in error. A certified copy of the | 2 |
| notification shall also be given upon request and at no | 3 |
| additional charge to the person named therein. Upon receipt of | 4 |
| the Department's notification or presentation of a certified | 5 |
| copy of the notification, the Secretary shall terminate the | 6 |
| suspension. | 7 |
| (e) The Department shall, by rule, establish procedures for | 8 |
| persons to challenge the accuracy of the certified report | 9 |
| described in this Section. The Department shall also, by rule, | 10 |
| establish allowable grounds for a challenge, which may be | 11 |
| limited to: | 12 |
| (1) the person not having been the owner or lessee of | 13 |
| the vehicle or vehicles receiving 3 or more automated speed | 14 |
| enforcement violations on the date or dates the notices | 15 |
| were issued; or | 16 |
| (2) the person having already paid the civil penalties | 17 |
| for the 3 or more automated speed enforcement violations | 18 |
| indicated on the certified report. | 19 |
| (f) A person may request an administrative hearing to | 20 |
| contest an impending suspension or a suspension made pursuant | 21 |
| to this Section upon filing a written request with the | 22 |
| Secretary. The filing fee for this hearing is $20, to be paid | 23 |
| at the time of the request. The Department shall reimburse the | 24 |
| Secretary for all reasonable costs incurred by the Secretary as | 25 |
| a result of the filing of a certified report described in this | 26 |
| Section, including, but not limited to, the costs of providing |
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| notice required pursuant to subsection (b) and the costs | 2 |
| incurred by the Secretary in any hearing conducted with respect | 3 |
| to the certified report described in this Section and any | 4 |
| appeal from that hearing. | 5 |
| (g) The Secretary and the Department may promulgate rules | 6 |
| to enable them to carry out their duties under this Section. | 7 |
| (h) The Department shall cooperate with the Secretary in | 8 |
| the administration of this Section and shall provide the | 9 |
| Secretary with any information the Secretary may deem necessary | 10 |
| for these purposes. | 11 |
| (i) The Secretary shall cooperate with the Department in | 12 |
| the administration of this Section and shall provide the | 13 |
| Department with any information the Department may deem | 14 |
| necessary for the purposes of this Section, including regular | 15 |
| and timely access to vehicle registration records. Section | 16 |
| 2-123 of this Code shall not apply to the provision of this | 17 |
| information, but the Secretary shall be reimbursed for the cost | 18 |
| of providing this information. | 19 |
| (j) For purposes of this Section, the term "Department" | 20 |
| means the Department of Transportation and "Secretary" means | 21 |
| the Secretary of State. | 22 |
| (625 ILCS 5/11-612)
| 23 |
| Sec. 11-612. Certain systems to record vehicle speeds | 24 |
| prohibited. Except as authorized in the Automated Traffic | 25 |
| Control Systems in Highway Construction or Maintenance Zones |
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| 1 |
| Act and the Automated Speed Enforcement Act , no photographic, | 2 |
| video, or other imaging system may be used in this State to | 3 |
| record vehicle speeds for the purpose of enforcing any law or | 4 |
| ordinance regarding a maximum or minimum speed limit unless a | 5 |
| law enforcement officer is present at the scene and witnesses | 6 |
| the event. No State or local governmental entity, including a | 7 |
| home rule county or municipality, may use such a system in a | 8 |
| way that is prohibited by this Section. The regulation of the | 9 |
| use of such systems is an exclusive power and function of the | 10 |
| State. This Section is a denial and limitation of home rule | 11 |
| powers and functions under subsection (h) of Section 6 of | 12 |
| Article VII of the Illinois Constitution.
| 13 |
| (Source: P.A. 94-771, eff. 1-1-07; 94-795, eff. 5-22-06; | 14 |
| 94-814, eff. 1-1-07.)
| 15 |
| (625 ILCS 5/11-1302) (from Ch. 95 1/2, par. 11-1302)
| 16 |
| Sec. 11-1302. Officers authorized to remove vehicles. (a) | 17 |
| Whenever any police officer
finds a vehicle
in violation of any | 18 |
| of the provisions of Section
11-1301 such officer is hereby | 19 |
| authorized to move such vehicle, or require the
driver or other | 20 |
| person in charge of the vehicle to move the same, to a position
| 21 |
| off the roadway.
| 22 |
| (b) Any police officer is hereby authorized to remove or | 23 |
| cause to be removed
to a place of safety any unattended
vehicle | 24 |
| illegally left standing upon any highway, bridge, causeway,
or | 25 |
| in a tunnel, in such a
position or under such circumstances as |
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| 1 |
| to obstruct the normal movement of traffic.
| 2 |
| Whenever the Department finds an abandoned or disabled | 3 |
| vehicle
standing upon the paved or main-traveled part of a | 4 |
| highway, which
vehicle is or may be expected to interrupt the | 5 |
| free flow of traffic
on the highway or interfere with the | 6 |
| maintenance of the highway,
the Department is authorized to | 7 |
| move the vehicle to a position off
the paved or improved or | 8 |
| main-traveled part of the highway.
| 9 |
| (c) Any police officer is hereby authorized to remove or | 10 |
| cause
to be removed to the nearest garage or other place of | 11 |
| safety any
vehicle found upon a highway when:
| 12 |
| 1. Report has been made that such vehicle has been stolen | 13 |
| or
taken without the consent of its owner, or
| 14 |
| 2. The person or persons in charge of such vehicle are | 15 |
| unable
to provide for its custody or removal, or
| 16 |
| 3. When the person driving or in control of such vehicle is
| 17 |
| arrested for an alleged offense for which the officer is | 18 |
| required
by law to take the person arrested before a proper | 19 |
| magistrate without
unnecessary delay , or .
| 20 |
| 4. When the registration plate or plates on the vehicle has | 21 |
| been suspended, cancelled, or revoked. | 22 |
| (Source: P.A. 79-1069.)
| 23 |
| Section 999. Effective date. This Act takes effect upon | 24 |
| becoming law.".
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|