100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB3463

 

Introduced , by Rep. Arthur Turner

 

SYNOPSIS AS INTRODUCED:
 
625 ILCS 5/11-208  from Ch. 95 1/2, par. 11-208
625 ILCS 5/11-208.6

    Amends the Illinois Vehicle Code. Provides that a municipality or county may enact an ordinance providing for an automated traffic law enforcement system only at an intersection where, on average, 4 or more motor vehicle accidents that result in personal injury or injury to another occur each year. Provides that for each violation of the Code or a local ordinance recorded by an automated traffic law enforcement system in operation for a period of less than 30 days, the county or municipality having jurisdiction shall issue a notice of warning to the registered owner of the vehicle. Provides for the notice requirements. Provides that if a person who has never before received a notice of a violation of the Code or a local ordinance recorded by an automated traffic law enforcement system in operation for more than 30 days receives more than one notice of violation within a 21-day period for separate traffic violations, he or she may pay the fine associated with the first notice of violation in satisfaction of all of the remaining fines.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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1    AN ACT concerning transportation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Vehicle Code is amended by changing
5Sections 11-208 and 11-208.6 as follows:
 
6    (625 ILCS 5/11-208)   (from Ch. 95 1/2, par. 11-208)
7    Sec. 11-208. Powers of local authorities.
8    (a) The provisions of this Code shall not be deemed to
9prevent local authorities with respect to streets and highways
10under their jurisdiction and within the reasonable exercise of
11the police power from:
12        1. Regulating the standing or parking of vehicles,
13    except as limited by Sections 11-1306 and 11-1307 of this
14    Act;
15        2. Regulating traffic by means of police officers or
16    traffic control signals;
17        3. Regulating or prohibiting processions or
18    assemblages on the highways; and certifying persons to
19    control traffic for processions or assemblages;
20        4. Designating particular highways as one-way highways
21    and requiring that all vehicles thereon be moved in one
22    specific direction;
23        5. Regulating the speed of vehicles in public parks

 

 

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

 

 

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1    plates specified in Section 11-1301.1 or a special decal or
2    device as defined in Section 11-1301.2 as evidence that the
3    vehicle is operated by or for a person with disabilities or
4    a veteran with a disability;
5        15. Adopting such other traffic regulations as are
6    specifically authorized by this Code; or
7        16. Enforcing the provisions of subsection (f) of
8    Section 3-413 of this Code or a similar local ordinance.
9    (b) No ordinance or regulation enacted under subsections 1,
104, 5, 6, 7, 9, 10, 11 or 13 of paragraph (a) shall be effective
11until signs giving reasonable notice of such local traffic
12regulations are posted.
13    (c) The provisions of this Code shall not prevent any
14municipality having a population of 500,000 or more inhabitants
15from prohibiting any person from driving or operating any motor
16vehicle upon the roadways of such municipality with headlamps
17on high beam or bright.
18    (d) The provisions of this Code shall not be deemed to
19prevent local authorities within the reasonable exercise of
20their police power from prohibiting, on private property, the
21unauthorized use of parking spaces reserved for persons with
22disabilities.
23    (e) No unit of local government, including a home rule
24unit, may enact or enforce an ordinance that applies only to
25motorcycles if the principal purpose for that ordinance is to
26restrict the access of motorcycles to any highway or portion of

 

 

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1a highway for which federal or State funds have been used for
2the planning, design, construction, or maintenance of that
3highway. No unit of local government, including a home rule
4unit, may enact an ordinance requiring motorcycle users to wear
5protective headgear. Nothing in this subsection (e) shall
6affect the authority of a unit of local government to regulate
7motorcycles for traffic control purposes or in accordance with
8Section 12-602 of this Code. No unit of local government,
9including a home rule unit, may regulate motorcycles in a
10manner inconsistent with this Code. This subsection (e) is a
11limitation under subsection (i) of Section 6 of Article VII of
12the Illinois Constitution on the concurrent exercise by home
13rule units of powers and functions exercised by the State.
14    (f) A municipality or county designated in Section 11-208.6
15may enact an ordinance providing for an automated traffic law
16enforcement system only at an intersection where, on average, 4
17or more motor vehicle accidents that result in personal injury
18or injury to another occur each year, to enforce violations of
19this Code or a similar provision of a local ordinance and
20imposing liability on a registered owner or lessee of a vehicle
21used in such a violation.
22    (g) A municipality or county, as provided in Section
2311-1201.1, may enact an ordinance providing for an automated
24traffic law enforcement system to enforce violations of Section
2511-1201 of this Code or a similar provision of a local
26ordinance and imposing liability on a registered owner of a

 

 

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1vehicle used in such a violation.
2    (h) A municipality designated in Section 11-208.8 may enact
3an ordinance providing for an automated speed enforcement
4system to enforce violations of Article VI of Chapter 11 of
5this Code or a similar provision of a local ordinance.
6    (i) A municipality or county designated in Section 11-208.9
7may enact an ordinance providing for an automated traffic law
8enforcement system to enforce violations of Section 11-1414 of
9this Code or a similar provision of a local ordinance and
10imposing liability on a registered owner or lessee of a vehicle
11used in such a violation.
12(Source: P.A. 98-396, eff. 1-1-14; 98-556, eff. 1-1-14; 98-756,
13eff. 7-16-14; 99-143, eff. 7-27-15.)
 
14    (625 ILCS 5/11-208.6)
15    Sec. 11-208.6. Automated traffic law enforcement system.
16    (a) As used in this Section, "automated traffic law
17enforcement system" means a device with one or more motor
18vehicle sensors working in conjunction with a red light signal
19to produce recorded images of motor vehicles entering an
20intersection against a red signal indication in violation of
21Section 11-306 of this Code or a similar provision of a local
22ordinance.
23    An automated traffic law enforcement system is a system, in
24a municipality or county operated by a governmental agency,
25that produces a recorded image of a motor vehicle's violation

 

 

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1of a provision of this Code or a local ordinance and is
2designed to obtain a clear recorded image of the vehicle and
3the vehicle's license plate. The recorded image must also
4display the time, date, and location of the violation.
5    (b) As used in this Section, "recorded images" means images
6recorded by an automated traffic law enforcement system on:
7        (1) 2 or more photographs;
8        (2) 2 or more microphotographs;
9        (3) 2 or more electronic images; or
10        (4) a video recording showing the motor vehicle and, on
11    at least one image or portion of the recording, clearly
12    identifying the registration plate number of the motor
13    vehicle.
14    (b-5) A municipality or county that produces a recorded
15image of a motor vehicle's violation of a provision of this
16Code or a local ordinance must make the recorded images of a
17violation accessible to the alleged violator by providing the
18alleged violator with a website address, accessible through the
19Internet.
20    (c) Except as provided under Section 11-208.8 of this Code,
21a county or municipality, including a home rule county or
22municipality, may not use an automated traffic law enforcement
23system to provide recorded images of a motor vehicle for the
24purpose of recording its speed. Except as provided under
25Section 11-208.8 of this Code, the regulation of the use of
26automated traffic law enforcement systems to record vehicle

 

 

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1speeds is an exclusive power and function of the State. This
2subsection (c) is a denial and limitation of home rule powers
3and functions under subsection (h) of Section 6 of Article VII
4of the Illinois Constitution.
5    (c-5) A county or municipality, including a home rule
6county or municipality, may not use an automated traffic law
7enforcement system to issue violations in instances where the
8motor vehicle comes to a complete stop and does not enter the
9intersection, as defined by Section 1-132 of this Code, during
10the cycle of the red signal indication unless one or more
11pedestrians or bicyclists are present, even if the motor
12vehicle stops at a point past a stop line or crosswalk where a
13driver is required to stop, as specified in subsection (c) of
14Section 11-306 of this Code or a similar provision of a local
15ordinance.
16    (c-6) A county, or a municipality with less than 2,000,000
17inhabitants, including a home rule county or municipality, may
18not use an automated traffic law enforcement system to issue
19violations in instances where a motorcyclist enters an
20intersection against a red signal indication when the red
21signal fails to change to a green signal within a reasonable
22period of time not less than 120 seconds because of a signal
23malfunction or because the signal has failed to detect the
24arrival of the motorcycle due to the motorcycle's size or
25weight.
26    (d) For each violation of a provision of this Code or a

 

 

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1local ordinance recorded by an automatic traffic law
2enforcement system in operation for a period of more than 30
3days, the county or municipality having jurisdiction shall
4issue a written notice of the violation to the registered owner
5of the vehicle as the alleged violator. The notice shall be
6delivered to the registered owner of the vehicle, by mail,
7within 30 days after the Secretary of State notifies the
8municipality or county of the identity of the owner of the
9vehicle, but in no event later than 90 days after the
10violation.
11    The notice shall include:
12        (1) the name and address of the registered owner of the
13    vehicle;
14        (2) the registration number of the motor vehicle
15    involved in the violation;
16        (3) the violation charged;
17        (4) the location where the violation occurred;
18        (5) the date and time of the violation;
19        (6) a copy of the recorded images;
20        (7) the amount of the civil penalty imposed and the
21    requirements of any traffic education program imposed and
22    the date by which the civil penalty should be paid and the
23    traffic education program should be completed;
24        (8) a statement that recorded images are evidence of a
25    violation of a red light signal;
26        (9) a warning that failure to pay the civil penalty, to

 

 

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1    complete a required traffic education program, or to
2    contest liability in a timely manner is an admission of
3    liability and may result in a suspension of the driving
4    privileges of the registered owner of the vehicle;
5        (10) a statement that the person may elect to proceed
6    by:
7            (A) paying the fine, completing a required traffic
8        education program, or both; or
9            (B) challenging the charge in court, by mail, or by
10        administrative hearing; and
11        (11) a website address, accessible through the
12    Internet, where the person may view the recorded images of
13    the violation.
14    If a person who has never before received a notice of
15violation under subsection (d) of this Section receives more
16than one notice of violation within a 21-day period for
17separate traffic violations as a result of an automated traffic
18law enforcement system, he or she may pay the fine associated
19with the first notice of violation in satisfaction of all of
20the remaining fines
21    (d-5) For each violation of a provision of this Code or a
22local ordinance recorded by an automated traffic law
23enforcement system in operation for a period of less than 30
24days, the county or municipality having jurisdiction shall
25issue a written notice of warning to the registered owner of
26the vehicle. The notice shall be delivered to the registered

 

 

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1owner of the vehicle, by mail, within 30 days after the
2Secretary of State notifies the municipality or county of the
3identity of the owner of the vehicle, but in no event 90 days
4after the violation. The notice shall include:
5        (1) the name and address of the registered owner of the
6    vehicle;
7        (2) the registration number of the motor vehicle
8    involved in the violation;
9        (3) the location where the violation occurred;
10        (4) the date and time of the violation;
11        (5) a copy of the recorded image;
12        (6) a website address, accessible through the
13    Internet, where the person may view the recorded images of
14    the violation; and
15        (7) a warning that the motor vehicle owner may be
16    subject to a civil penalty, completion of a required
17    traffic education program, or both, for any future traffic
18    violation under this Code or a local ordinance recorded by
19    the automated traffic law enforcement system at that
20    intersection.
21    (d-7) If a person who has never before received a notice of
22violation under subsection (d) of this Section receives more
23than one notice of violation within a 21-day period for
24separate traffic violations as a result of an automated traffic
25law enforcement system, he or she may pay the fine associated
26with the first notice of violation in satisfaction of all of

 

 

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1the remaining fines.
2    (e) If a person charged with a traffic violation, as a
3result of an automated traffic law enforcement system, does not
4pay the fine or complete a required traffic education program,
5or both, or successfully contest the civil penalty resulting
6from that violation, the Secretary of State shall suspend the
7driving privileges of the registered owner of the vehicle under
8Section 6-306.5 of this Code for failing to complete a required
9traffic education program or to pay any fine or penalty due and
10owing, or both, as a result of a combination of 5 violations of
11the automated traffic law enforcement system or the automated
12speed enforcement system under Section 11-208.8 of this Code.
13    (f) Based on inspection of recorded images produced by an
14automated traffic law enforcement system, a notice alleging
15that the violation occurred shall be evidence of the facts
16contained in the notice and admissible in any proceeding
17alleging a violation under this Section.
18    (g) Recorded images made by an automatic traffic law
19enforcement system are confidential and shall be made available
20only to the alleged violator and governmental and law
21enforcement agencies for purposes of adjudicating a violation
22of this Section, for statistical purposes, or for other
23governmental purposes. Any recorded image evidencing a
24violation of this Section, however, may be admissible in any
25proceeding resulting from the issuance of the citation.
26    (h) The court or hearing officer may consider in defense of

 

 

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1a violation:
2        (1) that the motor vehicle or registration plates of
3    the motor vehicle were stolen before the violation occurred
4    and not under the control of or in the possession of the
5    owner at the time of the violation;
6        (2) that the driver of the vehicle passed through the
7    intersection when the light was red either (i) in order to
8    yield the right-of-way to an emergency vehicle or (ii) as
9    part of a funeral procession; and
10        (3) any other evidence or issues provided by municipal
11    or county ordinance.
12    (i) To demonstrate that the motor vehicle or the
13registration plates were stolen before the violation occurred
14and were not under the control or possession of the owner at
15the time of the violation, the owner must submit proof that a
16report concerning the stolen motor vehicle or registration
17plates was filed with a law enforcement agency in a timely
18manner.
19    (j) Unless the driver of the motor vehicle received a
20Uniform Traffic Citation from a police officer at the time of
21the violation, the motor vehicle owner is subject to a civil
22penalty not exceeding $100 or the completion of a traffic
23education program, or both, plus an additional penalty of not
24more than $100 for failure to pay the original penalty or to
25complete a required traffic education program, or both, in a
26timely manner, if the motor vehicle is recorded by an automated

 

 

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1traffic law enforcement system. A violation for which a civil
2penalty is imposed under this Section is not a violation of a
3traffic regulation governing the movement of vehicles and may
4not be recorded on the driving record of the owner of the
5vehicle.
6    (j-3) A registered owner who is a holder of a valid
7commercial driver's license is not required to complete a
8traffic education program.
9    (j-5) For purposes of the required traffic education
10program only, a registered owner may submit an affidavit to the
11court or hearing officer swearing that at the time of the
12alleged violation, the vehicle was in the custody and control
13of another person. The affidavit must identify the person in
14custody and control of the vehicle, including the person's name
15and current address. The person in custody and control of the
16vehicle at the time of the violation is required to complete
17the required traffic education program. If the person in
18custody and control of the vehicle at the time of the violation
19completes the required traffic education program, the
20registered owner of the vehicle is not required to complete a
21traffic education program.
22    (k) An intersection equipped with an automated traffic law
23enforcement system must be posted with a sign visible to
24approaching traffic indicating that the intersection is being
25monitored by an automated traffic law enforcement system.
26    (k-3) A municipality or county that has one or more

 

 

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1intersections equipped with an automated traffic law
2enforcement system must provide notice to drivers by posting
3the locations of automated traffic law systems on the
4municipality or county website.
5    (k-5) An intersection equipped with an automated traffic
6law enforcement system must have a yellow change interval that
7conforms with the Illinois Manual on Uniform Traffic Control
8Devices (IMUTCD) published by the Illinois Department of
9Transportation.
10    (k-7) A municipality or county operating an automated
11traffic law enforcement system shall conduct a statistical
12analysis to assess the safety impact of each automated traffic
13law enforcement system at an intersection following
14installation of the system. The statistical analysis shall be
15based upon the best available crash, traffic, and other data,
16and shall cover a period of time before and after installation
17of the system sufficient to provide a statistically valid
18comparison of safety impact. The statistical analysis shall be
19consistent with professional judgment and acceptable industry
20practice. The statistical analysis also shall be consistent
21with the data required for valid comparisons of before and
22after conditions and shall be conducted within a reasonable
23period following the installation of the automated traffic law
24enforcement system. The statistical analysis required by this
25subsection (k-7) shall be made available to the public and
26shall be published on the website of the municipality or

 

 

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1county. If the statistical analysis for the 36 month period
2following installation of the system indicates that there has
3been an increase in the rate of accidents at the approach to
4the intersection monitored by the system, the municipality or
5county shall undertake additional studies to determine the
6cause and severity of the accidents, and may take any action
7that it determines is necessary or appropriate to reduce the
8number or severity of the accidents at that intersection.
9    (l) The compensation paid for an automated traffic law
10enforcement system must be based on the value of the equipment
11or the services provided and may not be based on the number of
12traffic citations issued or the revenue generated by the
13system.
14    (m) This Section applies only to the counties of Cook,
15DuPage, Kane, Lake, Madison, McHenry, St. Clair, and Will and
16to municipalities located within those counties.
17    (n) The fee for participating in a traffic education
18program under this Section shall not exceed $25.
19    A low-income individual required to complete a traffic
20education program under this Section who provides proof of
21eligibility for the federal earned income tax credit under
22Section 32 of the Internal Revenue Code or the Illinois earned
23income tax credit under Section 212 of the Illinois Income Tax
24Act shall not be required to pay any fee for participating in a
25required traffic education program.
26    (o) A municipality or county shall make a certified report

 

 

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1to the Secretary of State pursuant to Section 6-306.5 of this
2Code whenever a registered owner of a vehicle has failed to pay
3any fine or penalty due and owing as a result of a combination
4of 5 offenses for automated traffic law or speed enforcement
5system violations.
6    (p) No person who is the lessor of a motor vehicle pursuant
7to a written lease agreement shall be liable for an automated
8speed or traffic law enforcement system violation involving
9such motor vehicle during the period of the lease; provided
10that upon the request of the appropriate authority received
11within 120 days after the violation occurred, the lessor
12provides within 60 days after such receipt the name and address
13of the lessee. The drivers license number of a lessee may be
14subsequently individually requested by the appropriate
15authority if needed for enforcement of this Section.
16    Upon the provision of information by the lessor pursuant to
17this subsection, the county or municipality may issue the
18violation to the lessee of the vehicle in the same manner as it
19would issue a violation to a registered owner of a vehicle
20pursuant to this Section, and the lessee may be held liable for
21the violation.
22(Source: P.A. 97-29, eff. 1-1-12; 97-627, eff. 1-1-12; 97-672,
23eff. 7-1-12; 97-762, eff. 7-6-12; 98-463, eff. 8-16-13.)