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| [ Engrossed ] | [ Enrolled ] | [ House Amendment 001 ] |
90_HB0307
55 ILCS 5/3-6036 from Ch. 34, par. 3-6036
55 ILCS 5/5-1060 from Ch. 34, par. 5-1060
65 ILCS 5/1-1-7 from Ch. 24, par. 1-1-7
625 ILCS 5/6-306.5 from Ch. 95 1/2, par. 6-306.5
625 ILCS 5/11-209 from Ch. 95 1/2, par. 11-209
Amends the Illinois Vehicle Code, Counties Code, and
Illinois Municipal Code to provide that the corporate
authorities of a municipality or the county board and the
owner of a commercial and industrial facility that controls a
parking area may by contract empower the municipality to
regulate parking. Amends the Vehicle Code to provide that
upon a certified report from a municipality stating that a
vehicle owner has failed to pay a fine or penalty for 10 or
more violations of a municipality's standing, parking, or
compliance regulations (instead of 10 or more violations of a
municipality's standing and parking regulations), the
Secretary of State shall suspend driving privileges. Amends
the Counties Code to provide that the Supervisor of Safety
shall advise the county board as to contracts negotiated
regulating traffic of parking areas of commercial and
industrial facilities.
LRB9000656NTsbA
LRB9000656NTsbA
1 AN ACT concerning vehicles, amending named Acts.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Counties Code is amended by changing
5 Sections 3-6036 and 5-1060 as follows:
6 (55 ILCS 5/3-6036) (from Ch. 34, par. 3-6036)
7 Sec. 3-6036. Powers and duties of Supervisor of Safety.
8 The Supervisor of Safety shall enforce all the laws of this
9 State and, within the municipalities in his county, the
10 ordinances of such municipalities relating to the regulation
11 of motor vehicle traffic and the promotion of safety on
12 public highways. The Supervisor of Safety shall advise the
13 county board as to contracts negotiated regulating traffic of
14 parking areas of schools, hospitals, commercial and
15 industrial facilities, shopping centers and apartment
16 complexes outside any municipality of said county, and shall
17 act as its representative and agent in connection with the
18 execution of such contracts. In those instances where
19 contracts are being negotiated between municipalities and
20 schools, hospitals, commercial and industrial facilities,
21 shopping centers and apartment complexes outside the
22 corporate limits, the Supervisor of Safety shall advise the
23 county board. All such contracts shall be negotiated in the
24 manner of section 11-209 of The Illinois Vehicle Code.
25 Subject to the approval of the county board, the Supervisor
26 of Safety may appoint assistants to aid him in carrying out
27 his duties. The Supervisor of Safety shall cooperate with the
28 State and Federal governments and agencies thereof in
29 programs designed to promote safety on highways.
30 The Supervisor of Safety in counties of less than
31 1,000,000 inhabitants may enter into cooperative contractual
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1 agreements with school districts in his county, under which
2 the school district hires, compensates and is liable for one
3 or more school crossing guards, and the Supervisor of Safety,
4 as sheriff of the county, appoints any such guard as an
5 auxiliary deputy, in the manner and under the terms of
6 Sections 3-6001 through 3-6032.
7 This Section is not a prohibition upon the contractual
8 and associational powers granted by Article VII, Section 10
9 of the Illinois Constitution.
10 (Source: P.A. 86-962; 86-1475.)
11 (55 ILCS 5/5-1060) (from Ch. 34, par. 5-1060)
12 Sec. 5-1060. Contracts for regulation of traffic. A
13 county board may contract with school boards, hospitals,
14 commercial and industrial facilities, and owners of shopping
15 centers or apartment complexes for the purpose of regulating
16 traffic in their parking areas outside a municipality in
17 areas under the jurisdiction of the County Board in such
18 manner as is provided by Section 11-209 of The Illinois
19 Vehicle Code and as provided under Section 3-6036 of this
20 Code.
21 This Section is not a prohibition upon the contractual
22 and associational powers granted by Article VII, Section 10
23 of the Illinois Constitution.
24 (Source: P.A. 86-962; 86-1475.)
25 Section 10. The Illinois Municipal Code is amended by
26 changing Section 1-1-7 as follows:
27 (65 ILCS 5/1-1-7) (from Ch. 24, par. 1-1-7)
28 Sec. 1-1-7. Power of municipality to contract with school
29 boards, hospitals, commercial and industrial facilities, and
30 owners of shopping centers or apartment complexes. The
31 corporate authorities of any municipality shall have the
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1 power to contract with school boards, hospitals, commercial
2 and industrial facilities, and owners of shopping centers or
3 apartment complexes within and without the municipal limits
4 in such manner as is provided by Section 11-209 of "The
5 Illinois Vehicle Code", approved September 29, 1969, as
6 amended, and as provided under Section 2 of "An Act in
7 relation to the regulation of motor vehicle traffic and the
8 promotion of safety on public highways in counties", approved
9 August 9, 1951, as amended.
10 This amendatory Act of 1972 is not a prohibition upon the
11 contractual and associational powers granted by Article VII,
12 Section 10 of the Illinois Constitution.
13 (Source: P.A. 78-255.)
14 Section 15. The Illinois Vehicle Code is amended by
15 changing Sections 6-306.5 and 11-209 as follows:
16 (625 ILCS 5/6-306.5) (from Ch. 95 1/2, par. 6-306.5)
17 Sec. 6-306.5. Failure to pay fine or penalty for
18 standing, parking, or compliance violations; suspension of
19 driving privileges.
20 (a) Upon receipt of a certified report, as prescribed by
21 subsection (c) of this Section, from any municipality stating
22 that the owner of a registered vehicle has failed to pay any
23 fine or penalty due and owing as a result of 10 or more
24 violations of a municipality's vehicular standing, and
25 parking, or compliance regulations established by ordinance
26 pursuant to Section 11-208.3 of this Code, the Secretary of
27 State shall suspend the driving privileges of such person in
28 accordance with the procedures set forth in this Section. The
29 Secretary shall also suspend the driving privileges of an
30 owner of a registered vehicle upon receipt of a certified
31 report, as prescribed by subsection (f) of this Section, from
32 any municipality stating that such person has failed to
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1 satisfy any fines or penalties imposed by final judgments for
2 10 or more violations of local standing, and parking, or
3 compliance regulations after exhaustion of judicial review
4 procedures.
5 (b) Following receipt of the certified report of the
6 municipality as specified in this Section, the Secretary of
7 State shall notify the person whose name appears on the
8 certified report that the person's drivers license will be
9 suspended at the end of a specified period of time unless the
10 Secretary of State is presented with a notice from the
11 municipality certifying that the fine or penalty due and
12 owing the municipality has been paid or that inclusion of
13 that person's name on the certified report was in error. The
14 Secretary's notice shall state in substance the information
15 contained in the municipality's certified report to the
16 Secretary, and shall be effective as specified by subsection
17 (c) of Section 6-211 of this Code.
18 (c) The report of the appropriate municipal official
19 notifying the Secretary of State of unpaid fines or penalties
20 pursuant to this Section shall be certified and shall contain
21 the following:
22 (1) The name, last known address and drivers
23 license number of the person who failed to pay the fine
24 or penalty and the registration number of any vehicle
25 known to be registered to such person in this State.
26 (2) The name of the municipality making the report
27 pursuant to this Section.
28 (3) A statement that the municipality sent a notice
29 of impending drivers license suspension as prescribed by
30 ordinance enacted pursuant to Section 11-208.3, to the
31 person named in the report at the address recorded with
32 the Secretary of State; the date on which such notice was
33 sent; and the address to which such notice was sent. In a
34 municipality with a population of 1,000,000 or more, the
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1 report shall also include a statement that the alleged
2 violator's State vehicle registration number and vehicle
3 make are correct as they appear on the citations.
4 (d) Any municipality making a certified report to the
5 Secretary of State pursuant to this Section shall notify the
6 Secretary of State, in a form prescribed by the Secretary,
7 whenever a person named in the certified report has paid the
8 previously reported fine or penalty or whenever the
9 municipality determines that the original report was in
10 error. A certified copy of such notification shall also be
11 given upon request and at no additional charge to the person
12 named therein. Upon receipt of the municipality's
13 notification or presentation of a certified copy of such
14 notification, the Secretary of State shall terminate the
15 suspension.
16 (e) Any municipality making a certified report to the
17 Secretary of State pursuant to this Section shall also by
18 ordinance establish procedures for persons to challenge the
19 accuracy of the certified report. The ordinance shall also
20 state the grounds for such a challenge, which may be limited
21 to (1) the person not having been the owner or lessee of the
22 vehicle or vehicles receiving 10 or more standing, parking,
23 or compliance violation notices on the date or dates such
24 notices were issued; and (2) the person having already paid
25 the fine or penalty for the 10 or more violations indicated
26 on the certified report.
27 (f) Any municipality, other than a municipality
28 establishing vehicular standing, and parking, and compliance
29 regulations pursuant to Section 11-208.3, may also cause a
30 suspension of a person's drivers license pursuant to this
31 Section. Such municipality may invoke this sanction by making
32 a certified report to the Secretary of State upon a person's
33 failure to satisfy any fine or penalty imposed by final
34 judgment for 10 or more violations of local standing and
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1 parking regulations after exhaustion of judicial review
2 procedures, but only if:
3 (1) the municipality complies with the provisions
4 of this Section in all respects except in regard to
5 enacting an ordinance pursuant to Section 11-208.3;
6 (2) the municipality has sent a notice of impending
7 drivers license suspension as prescribed by an ordinance
8 enacted pursuant to subsection (g) of this Section; and
9 (3) in municipalities with a population of
10 1,000,000 or more, the municipality has verified that the
11 alleged violator's State vehicle registration number and
12 vehicle make are correct as they appear on the citations.
13 (g) Any municipality, other than a municipality
14 establishing standing, and parking, and compliance
15 regulations pursuant to Section 11-208.3, may provide by
16 ordinance for the sending of a notice of impending drivers
17 license suspension to the person who has failed to satisfy
18 any fine or penalty imposed by final judgment for 10 or more
19 violations of local standing and parking regulations after
20 exhaustion of judicial review procedures. An ordinance so
21 providing shall specify that the notice sent to the person
22 liable for any fine or penalty shall state that failure to
23 pay the fine or penalty owing within 45 days of the notice's
24 date will result in the municipality notifying the Secretary
25 of State that the person's drivers license is eligible for
26 suspension pursuant to this Section. The notice of impending
27 drivers license suspension shall be sent by first class
28 United States mail, postage prepaid, to the address recorded
29 with the Secretary of State.
30 (h) An administrative hearing to contest an impending
31 suspension or a suspension made pursuant to this Section may
32 be had upon filing a written request with the Secretary of
33 State. The filing fee for this hearing shall be $20, to be
34 paid at the time the request is made. A municipality which
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1 files a certified report with the Secretary of State pursuant
2 to this Section shall reimburse the Secretary for all
3 reasonable costs incurred by the Secretary as a result of the
4 filing of the report, including but not limited to the costs
5 of providing the notice required pursuant to subsection (b)
6 and the costs incurred by the Secretary in any hearing
7 conducted with respect to the report pursuant to this
8 subsection and any appeal from such a hearing.
9 (i) The provisions of this Section shall apply on and
10 after January 1, 1988.
11 (Source: P.A. 89-190, eff. 1-1-96.)
12 (625 ILCS 5/11-209) (from Ch. 95 1/2, par. 11-209)
13 Sec. 11-209. Powers of municipalities and counties -
14 Contract with school boards, hospitals, churches, condominium
15 complex unit owners' associations, and commercial and
16 industrial facility, shopping center, and apartment complex
17 owners for regulation of traffic.
18 (a) The corporate authorities of any municipality or the
19 county board of any county, and a school board, hospital,
20 church, condominium complex unit owners' association, or
21 owner of any commercial and industrial facility, shopping
22 center, or apartment complex which controls a parking area
23 located within the limits of the municipality, or outside the
24 limits of the municipality and within the boundaries of the
25 county, may, by contract, empower the municipality or county
26 to regulate the parking of automobiles and the traffic at
27 such parking area. Such contract shall empower the
28 municipality or county to accomplish all or any part of the
29 following:
30 1. The erection of stop signs, flashing signals,
31 person with disabilities parking area signs or yield
32 signs at specified locations in a parking area and the
33 adoption of appropriate regulations thereto pertaining,
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1 or the designation of any intersection in the parking
2 area as a stop intersection or as a yield intersection
3 and the ordering of like signs or signals at one or more
4 entrances to such intersection, subject to the provisions
5 of this Chapter.
6 2. The prohibition or regulation of the turning of
7 vehicles or specified types of vehicles at intersections
8 or other designated locations in the parking area.
9 3. The regulation of a crossing of any roadway in
10 the parking area by pedestrians.
11 4. The designation of any separate roadway in the
12 parking area for one-way traffic.
13 5. The establishment and regulation of loading
14 zones.
15 6. The prohibition, regulation, restriction or
16 limitation of the stopping, standing or parking of
17 vehicles in specified areas of the parking area.
18 7. The designation of safety zones in the parking
19 area and fire lanes.
20 8. Providing for the removal and storage of
21 vehicles parked or abandoned in the parking area during
22 snowstorms, floods, fires, or other public emergencies,
23 or found unattended in the parking area, (a) where they
24 constitute an obstruction to traffic, or (b) where
25 stopping, standing or parking is prohibited, and for the
26 payment of reasonable charges for such removal and
27 storage by the owner or operator of any such vehicle.
28 9. Providing that the cost of planning,
29 installation, maintenance and enforcement of parking and
30 traffic regulations pursuant to any contract entered into
31 under the authority of this paragraph (a) of this Section
32 be borne by the municipality or county, or by the school
33 board, hospital, church, property owner, apartment
34 complex owner, or condominium complex unit owners'
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1 association, or that a percentage of the cost be shared
2 by the parties to the contract.
3 10. Causing the installation of parking meters on
4 the parking area and establishing whether the expense of
5 installing said parking meters and maintenance thereof
6 shall be that of the municipality or county, or that of
7 the school board, hospital, church, condominium complex
8 unit owners' association, shopping center or apartment
9 complex owner. All moneys obtained from such parking
10 meters as may be installed on any parking area shall
11 belong to the municipality or county.
12 11. Causing the installation of parking signs in
13 accordance with Section 11-301 in areas of the parking
14 lots covered by this Section and where desired by the
15 person contracting with the appropriate authority listed
16 in paragraph (a) of this Section, indicating that such
17 parking spaces are reserved for persons with
18 disabilities.
19 12. Contracting for such additional reasonable
20 rules and regulations with respect to traffic and parking
21 in a parking area as local conditions may require for the
22 safety and convenience of the public or of the users of
23 the parking area.
24 (b) No contract entered into pursuant to this Section
25 shall exceed a period of 20 years. No lessee of a shopping
26 center or apartment complex shall enter into such a contract
27 for a longer period of time than the length of his lease.
28 (c) Any contract entered into pursuant to this Section
29 shall be recorded in the office of the recorder in the county
30 in which the parking area is located, and no regulation made
31 pursuant to the contract shall be effective or enforceable
32 until 3 days after the contract is so recorded.
33 (d) At such time as parking and traffic regulations have
34 been established at any parking area pursuant to the contract
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1 as provided for in this Section, then it shall be a petty
2 offense for any person to do any act forbidden or to fail to
3 perform any act required by such parking or traffic
4 regulation. If the violation is the parking in a parking
5 space reserved for persons with disabilities under paragraph
6 (11) of this Section, by a person without special
7 registration plates issued to a person with disabilities, as
8 defined by Section 1-159.1, pursuant to Section 3-616 of this
9 Code, or to a disabled veteran pursuant to Section 3-609 of
10 this Code, the local police of the contracting corporate
11 municipal authorities shall issue a parking ticket to such
12 parking violator and issue a fine in accordance with Section
13 11-1301.3.
14 (e) The term "shopping center", as used in this Section,
15 means premises having one or more stores or business
16 establishments in connection with which there is provided on
17 privately-owned property near or contiguous thereto an area,
18 or areas, of land used by the public as the means of access
19 to and egress from the stores and business establishments on
20 such premises and for the parking of motor vehicles of
21 customers and patrons of such stores and business
22 establishments on such premises.
23 (f) The term "parking area", as used in this Section,
24 means an area, or areas, of land near or contiguous to a
25 school, church, or hospital building, shopping center,
26 apartment complex, or condominium complex, but not the public
27 highways or alleys, and used by the public as the means of
28 access to and egress from such buildings and the stores and
29 business establishments at a shopping center and for the
30 parking of motor vehicles.
31 (g) The terms "owner", "property owner", "shopping
32 center owner", and "apartment complex owner", as used in this
33 Section, mean the actual legal owner of the shopping center
34 parking area or apartment complex, the trust officer of a
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1 banking institution having the right to manage and control
2 such property, or a person having the legal right, through
3 lease or otherwise, to manage or control the property.
4 (g-5) The term "condominium complex unit owners'
5 association", as used in this Section, means a "unit owners'
6 association" as defined in Section 2 of the Condominium
7 Property Act.
8 (h) The term "fire lane", as used in this Section, means
9 travel lanes for the fire fighting equipment upon which there
10 shall be no standing or parking of any motor vehicle at any
11 time so that fire fighting equipment can move freely thereon.
12 (i) The term "apartment complex", as used in this
13 Section, means premises having one or more apartments in
14 connection with which there is provided on privately-owned
15 property near or contiguous thereto an area, or areas, of
16 land used by occupants of such apartments or their guests as
17 a means of access to and egress from such apartments or for
18 the parking of motor vehicles of such occupants or their
19 guests.
20 (j) The term "condominium complex", as used in this
21 Section, means the units, common elements, and limited common
22 elements that are located on the parcels, as those terms are
23 defined in Section 2 of the Condominium Property Act.
24 (k) The term "commercial and industrial facility", as
25 used in this Section, means a premises containing one or more
26 commercial and industrial facility establishment in
27 connection with which there is provided on privately-owned
28 property near or contiguous to the premises an area or areas
29 of land used by the public as the means of access to and
30 egress from the commercial and industrial facility
31 establishment on the premises and for the parking of motor
32 vehicles of customers, patrons, and employees of the
33 commercial and industrial facility establishment on the
34 premises.
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1 This amendatory Act of 1972 is not a prohibition upon the
2 contractual and associational powers granted by Article VII,
3 Section 10 of the Illinois Constitution.
4 (Source: P.A. 88-685, eff. 1-24-95; 89-551, eff. 1-1-97.)