State of Illinois
90th General Assembly
Legislation

   [ Search ]   [ Legislation ]   [ Bill Summary ]
[ Home ]   [ Back ]   [ Bottom ]


[ Introduced ][ Enrolled ][ House Amendment 001 ]

90_HB0307eng

      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
HB0307 Engrossed                              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
HB0307 Engrossed            -2-               LRB9000656NTsbA
 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
HB0307 Engrossed            -3-               LRB9000656NTsbA
 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
HB0307 Engrossed            -4-               LRB9000656NTsbA
 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
HB0307 Engrossed            -5-               LRB9000656NTsbA
 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
HB0307 Engrossed            -6-               LRB9000656NTsbA
 1    parking,   or  compliance  regulations  after  exhaustion  of
 2    judicial review 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, or compliance
20    regulations after exhaustion of judicial  review  procedures.
21    An  ordinance so providing shall specify that the notice sent
22    to the person liable for any fine or penalty shall state that
23    failure to pay the fine or penalty owing within  45  days  of
24    the  notice's  date will result in the municipality notifying
25    the Secretary of State that the person's drivers  license  is
26    eligible  for suspension pursuant to this Section. The notice
27    of impending drivers license  suspension  shall  be  sent  by
28    first  class  United  States  mail,  postage  prepaid, to the
29    address recorded 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
HB0307 Engrossed            -7-               LRB9000656NTsbA
 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        (j)  For  purposes  of this Section, the term "compliance
12    violation" is defined as in Section 11-208.3.
13    (Source: P.A. 89-190, eff. 1-1-96.)
14        (625 ILCS 5/11-209) (from Ch. 95 1/2, par. 11-209)
15        Sec. 11-209.  Powers of  municipalities  and  counties  -
16    Contract with school boards, hospitals, churches, condominium
17    complex   unit   owners'  associations,  and  commercial  and
18    industrial facility, shopping center, and  apartment  complex
19    owners for regulation of traffic.
20        (a)  The corporate authorities of any municipality or the
21    county  board  of  any  county, and a school board, hospital,
22    church, condominium  complex  unit  owners'  association,  or
23    owner  of  any  commercial  and industrial facility, shopping
24    center, or apartment complex which controls  a  parking  area
25    located within the limits of the municipality, or outside the
26    limits  of  the municipality and within the boundaries of the
27    county, may, by contract, empower the municipality or  county
28    to  regulate  the  parking  of automobiles and the traffic at
29    such  parking  area.  Such   contract   shall   empower   the
30    municipality  or  county to accomplish all or any part of the
31    following:
32             1.  The erection of stop  signs,  flashing  signals,
33        person  with  disabilities  parking  area  signs or yield
HB0307 Engrossed            -8-               LRB9000656NTsbA
 1        signs at specified locations in a parking  area  and  the
 2        adoption  of  appropriate regulations thereto pertaining,
 3        or the designation of any  intersection  in  the  parking
 4        area  as  a  stop intersection or as a yield intersection
 5        and the ordering of like signs or signals at one or  more
 6        entrances to such intersection, subject to the provisions
 7        of this Chapter.
 8             2.  The  prohibition or regulation of the turning of
 9        vehicles or specified types of vehicles at  intersections
10        or other designated locations in the parking area.
11             3.  The  regulation  of a crossing of any roadway in
12        the parking area by pedestrians.
13             4.  The designation of any separate roadway  in  the
14        parking area for one-way traffic.
15             5.  The  establishment  and  regulation  of  loading
16        zones.
17             6.  The   prohibition,  regulation,  restriction  or
18        limitation  of  the  stopping,  standing  or  parking  of
19        vehicles in specified areas of the parking area.
20             7.  The designation of safety zones in  the  parking
21        area and fire lanes.
22             8.  Providing   for   the  removal  and  storage  of
23        vehicles parked or abandoned in the parking  area  during
24        snowstorms,  floods,  fires, or other public emergencies,
25        or found unattended in the parking area, (a)  where  they
26        constitute  an  obstruction  to  traffic,  or  (b)  where
27        stopping,  standing or parking is prohibited, and for the
28        payment  of  reasonable  charges  for  such  removal  and
29        storage by the owner or operator of any such vehicle.
30             9.  Providing   that   the   cost    of    planning,
31        installation,  maintenance and enforcement of parking and
32        traffic regulations pursuant to any contract entered into
33        under the authority of this paragraph (a) of this Section
34        be borne by the municipality or county, or by the  school
HB0307 Engrossed            -9-               LRB9000656NTsbA
 1        board,   hospital,   church,  property  owner,  apartment
 2        complex  owner,  or  condominium  complex  unit   owners'
 3        association,  or  that a percentage of the cost be shared
 4        by the parties to the contract.
 5             10.  Causing the installation of parking  meters  on
 6        the  parking area and establishing whether the expense of
 7        installing said parking meters  and  maintenance  thereof
 8        shall  be  that of the municipality or county, or that of
 9        the school board, hospital, church,  condominium  complex
10        unit  owners'  association,  shopping center or apartment
11        complex owner.  All moneys  obtained  from  such  parking
12        meters  as  may  be  installed  on any parking area shall
13        belong to the municipality or county.
14             11.  Causing the installation of  parking  signs  in
15        accordance  with  Section  11-301 in areas of the parking
16        lots covered by this Section and  where  desired  by  the
17        person  contracting with the appropriate authority listed
18        in paragraph (a) of this Section,  indicating  that  such
19        parking    spaces   are   reserved   for   persons   with
20        disabilities.
21             12.  Contracting  for  such  additional   reasonable
22        rules and regulations with respect to traffic and parking
23        in a parking area as local conditions may require for the
24        safety  and  convenience of the public or of the users of
25        the parking area.
26        (b)  No contract entered into pursuant  to  this  Section
27    shall  exceed  a  period of 20 years. No lessee of a shopping
28    center or apartment complex shall enter into such a  contract
29    for a longer period of time than the length of his lease.
30        (c)  Any  contract  entered into pursuant to this Section
31    shall be recorded in the office of the recorder in the county
32    in which the parking area is located, and no regulation  made
33    pursuant  to  the  contract shall be effective or enforceable
34    until 3 days after the contract is so recorded.
HB0307 Engrossed            -10-              LRB9000656NTsbA
 1        (d)  At such time as parking and traffic regulations have
 2    been established at any parking area pursuant to the contract
 3    as provided for in this Section, then it  shall  be  a  petty
 4    offense  for any person to do any act forbidden or to fail to
 5    perform  any  act  required  by  such  parking   or   traffic
 6    regulation.   If  the  violation  is the parking in a parking
 7    space reserved for persons with disabilities under  paragraph
 8    (11)   of   this   Section,   by  a  person  without  special
 9    registration plates issued to a person with disabilities,  as
10    defined by Section 1-159.1, pursuant to Section 3-616 of this
11    Code,  or  to a disabled veteran pursuant to Section 3-609 of
12    this Code, the local  police  of  the  contracting  corporate
13    municipal  authorities  shall  issue a parking ticket to such
14    parking violator and issue a fine in accordance with  Section
15    11-1301.3.
16        (e)  The term "shopping center", as used in this Section,
17    means   premises  having  one  or  more  stores  or  business
18    establishments in connection with which there is provided  on
19    privately-owned  property near or contiguous thereto an area,
20    or areas, of land used by the public as the means  of  access
21    to  and egress from the stores and business establishments on
22    such premises and  for  the  parking  of  motor  vehicles  of
23    customers   and   patrons   of   such   stores  and  business
24    establishments on such premises.
25        (f)  The term "parking area", as used  in  this  Section,
26    means  an  area,  or  areas,  of land near or contiguous to a
27    school,  church,  or  hospital  building,  shopping   center,
28    apartment complex, or condominium complex, but not the public
29    highways  or  alleys,  and used by the public as the means of
30    access to and egress from such buildings and the  stores  and
31    business  establishments  at  a  shopping  center and for the
32    parking of motor vehicles.
33        (g)  The  terms  "owner",  "property  owner",   "shopping
34    center owner", and "apartment complex owner", as used in this
HB0307 Engrossed            -11-              LRB9000656NTsbA
 1    Section,  mean  the actual legal owner of the shopping center
 2    parking area or apartment complex, the  trust  officer  of  a
 3    banking  institution  having  the right to manage and control
 4    such property, or a person having the  legal  right,  through
 5    lease or otherwise, to manage or control the property.
 6        (g-5)  The   term   "condominium   complex  unit  owners'
 7    association", as used in this Section, means a "unit  owners'
 8    association"  as  defined  in  Section  2  of the Condominium
 9    Property Act.
10        (h)  The term "fire lane", as used in this Section, means
11    travel lanes for the fire fighting equipment upon which there
12    shall be no standing or parking of any motor vehicle  at  any
13    time so that fire fighting equipment can move freely thereon.
14        (i)  The  term  "apartment  complex",  as  used  in  this
15    Section,  means  premises  having  one  or more apartments in
16    connection with which there is  provided  on  privately-owned
17    property  near  or  contiguous  thereto an area, or areas, of
18    land used by occupants of such apartments or their guests  as
19    a  means  of access to and egress from such apartments or for
20    the parking of motor vehicles  of  such  occupants  or  their
21    guests.
22        (j)  The  term  "condominium  complex",  as  used in this
23    Section, means the units, common elements, and limited common
24    elements that are located on the parcels, as those terms  are
25    defined in Section 2 of the Condominium Property Act.
26        (k)  The  term  "commercial  and industrial facility", as
27    used in this Section, means a premises containing one or more
28    commercial   and   industrial   facility   establishment   in
29    connection with which there is  provided  on  privately-owned
30    property  near or contiguous to the premises an area or areas
31    of land used by the public as the  means  of  access  to  and
32    egress   from   the   commercial   and   industrial  facility
33    establishment on the premises and for the  parking  of  motor
34    vehicles   of   customers,  patrons,  and  employees  of  the
HB0307 Engrossed            -12-              LRB9000656NTsbA
 1    commercial  and  industrial  facility  establishment  on  the
 2    premises.
 3        This amendatory Act of 1972 is not a prohibition upon the
 4    contractual and associational powers granted by Article  VII,
 5    Section 10 of the Illinois Constitution.
 6    (Source: P.A. 88-685, eff. 1-24-95; 89-551, eff. 1-1-97.)

[ Top ]