Full Text of SB0633 99th General Assembly
SB0633sam001 99TH GENERAL ASSEMBLY | Sen. John M. Sullivan Filed: 3/16/2016
| | 09900SB0633sam001 | | LRB099 03349 AXK 46186 a |
|
| 1 | | AMENDMENT TO SENATE BILL 633
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 633 XXXX by | 3 | | replacing everything after the enacting clause with the | 4 | | following:
| 5 | | "Section 5. The Illinois Pension Code is amended by adding | 6 | | Sections 3-125.3, 5-168.3, 7-171.1, and 9-169.5 as follows: | 7 | | (40 ILCS 5/3-125.3 new) | 8 | | Sec. 3-125.3. Income from certain fees. Any fees received
| 9 | | by the Fund under Section 20 of the Automated Traffic Control | 10 | | Systems in Highway Construction or Maintenance Zones Act: (i) | 11 | | shall not be considered payment of any employer
contribution | 12 | | required under Section 3-125 and shall not be
offset against or | 13 | | paid in lieu of any such required
contribution; but (ii) shall | 14 | | be considered assets of the Fund
and shall be considered in | 15 | | calculating the amount of future
required employer | 16 | | contributions to the Fund. |
| | | 09900SB0633sam001 | - 2 - | LRB099 03349 AXK 46186 a |
|
| 1 | | (40 ILCS 5/5-168.3 new) | 2 | | Sec. 5-168.3. Income from certain fees. Any fees received | 3 | | by the Fund under Section 20 of the Automated Traffic Control | 4 | | Systems in Highway Construction or Maintenance Zones Act: (i) | 5 | | shall not be considered payment of any employer contribution | 6 | | required under Section 5-168 and shall not be offset against or | 7 | | paid in lieu of any such required contribution; but (ii) shall | 8 | | be considered assets of the Fund and shall be considered in | 9 | | calculating the amount of future required employer | 10 | | contributions to the Fund. | 11 | | (40 ILCS 5/7-171.1 new) | 12 | | Sec. 7-171.1. Income from certain fees. Any fees received
| 13 | | by the Fund under Section 20 of the Automated Traffic Control | 14 | | Systems in Highway Construction or Maintenance Zones Act
from a | 15 | | participating municipality: (i) shall not be considered
| 16 | | payment of any employer contribution required of that
| 17 | | municipality under Section 7-172 and shall not be offset
| 18 | | against or paid in lieu of any such required contribution; but
| 19 | | (ii) shall be considered assets of the Fund and credited to the | 20 | | appropriate account of the municipality, and shall be | 21 | | considered in calculating the amount of
that municipality's | 22 | | future required employer contributions to
the Fund. | 23 | | (40 ILCS 5/9-169.5 new) |
| | | 09900SB0633sam001 | - 3 - | LRB099 03349 AXK 46186 a |
|
| 1 | | Sec. 9-169.5. Income from certain fees. Any fees received | 2 | | by the Fund under Section 20 of the Automated Traffic Control | 3 | | Systems in Highway Construction or Maintenance Zones Act: (i) | 4 | | shall not be considered payment of any employer contribution | 5 | | required under Sections 9-169 and 9-170.2, and shall not be | 6 | | offset against or paid in lieu of any such required | 7 | | contribution; but (ii) shall be considered assets of the Fund | 8 | | and shall be considered in calculating the amount of future | 9 | | required employer contributions to the Fund. | 10 | | Section 10. The Illinois Vehicle Code is amended by | 11 | | changing Sections 3-704 and 11-605.1 as follows:
| 12 | | (625 ILCS 5/3-704) (from Ch. 95 1/2, par. 3-704)
| 13 | | Sec. 3-704. Authority of Secretary of State to suspend or | 14 | | revoke a registration or
certificate of title; authority to | 15 | | suspend or revoke the registration of a
vehicle. | 16 | | (a) The Secretary of State may suspend or revoke the | 17 | | registration of a
vehicle or a certificate of title, | 18 | | registration card, registration sticker,
registration plate, | 19 | | disability parking decal or device,
or any nonresident or other | 20 | | permit in any of the following events:
| 21 | | 1. When the Secretary of State is satisfied that such | 22 | | registration or
that such certificate, card, plate, | 23 | | registration sticker or permit was
fraudulently or
| 24 | | erroneously issued;
|
| | | 09900SB0633sam001 | - 4 - | LRB099 03349 AXK 46186 a |
|
| 1 | | 2. When a registered vehicle has been dismantled or | 2 | | wrecked or is not
properly equipped;
| 3 | | 3. When the Secretary of State determines that any | 4 | | required fees have
not been paid to the Secretary of State, | 5 | | to the Illinois Commerce
Commission, or to the Illinois | 6 | | Department of Revenue under the Motor Fuel Tax Law, and the | 7 | | same are not paid upon reasonable notice and demand;
| 8 | | 4. When a registration card, registration plate, | 9 | | registration sticker
or permit is knowingly
displayed upon | 10 | | a vehicle other than the one for which issued;
| 11 | | 5. When the Secretary of State determines that the | 12 | | owner has committed
any offense under this Chapter | 13 | | involving the registration or the
certificate, card, | 14 | | plate, registration sticker or permit to be suspended or
| 15 | | revoked;
| 16 | | 6. When the Secretary of State determines that a | 17 | | vehicle registered
not-for-hire is used or operated | 18 | | for-hire unlawfully, or used or operated
for purposes other | 19 | | than those authorized;
| 20 | | 7. When the Secretary of State determines that an owner | 21 | | of a for-hire
motor vehicle has failed to give proof of | 22 | | financial responsibility as
required by this Act;
| 23 | | 8. When the Secretary determines that the vehicle is | 24 | | not subject to or
eligible for a registration;
| 25 | | 9. When the Secretary determines that the owner of a | 26 | | vehicle registered
under the mileage weight tax option |
| | | 09900SB0633sam001 | - 5 - | LRB099 03349 AXK 46186 a |
|
| 1 | | fails to maintain the records specified
by law, or fails to | 2 | | file the reports required by law, or that such vehicle
is | 3 | | not equipped with an operable and operating speedometer or | 4 | | odometer;
| 5 | | 10. When the Secretary of State is so authorized under | 6 | | any other
provision of law;
| 7 | | 11. When the Secretary of State determines that the | 8 | | holder of a disability parking decal or device has | 9 | | committed any offense under Chapter 11
of this Code | 10 | | involving the use of a disability parking decal
or device.
| 11 | | (a-5) The Secretary of State may revoke a certificate of | 12 | | title and registration card and issue a corrected certificate | 13 | | of title and registration card, at no fee to the vehicle owner | 14 | | or lienholder, if there is proof that the vehicle | 15 | | identification number is erroneously shown on the original | 16 | | certificate of title.
| 17 | | (b) The Secretary of State may suspend or revoke the | 18 | | registration of a
vehicle as follows:
| 19 | | 1. When the Secretary of State determines that the | 20 | | owner of a vehicle has
not paid a civil penalty or a | 21 | | settlement agreement arising from the
violation of rules | 22 | | adopted under the Illinois Motor Carrier Safety Law or the
| 23 | | Illinois Hazardous Materials Transportation Act or that a | 24 | | vehicle, regardless
of ownership, was the subject of | 25 | | violations of these rules that resulted in a
civil penalty | 26 | | or settlement agreement which remains unpaid.
|
| | | 09900SB0633sam001 | - 6 - | LRB099 03349 AXK 46186 a |
|
| 1 | | 2. When the Secretary of State determines that a | 2 | | vehicle registered for a
gross weight of more than 16,000 | 3 | | pounds within an affected area is not in
compliance with | 4 | | the provisions of Section 13-109.1 of the Illinois Vehicle
| 5 | | Code. | 6 | | 3. When the Secretary of State is notified by the | 7 | | United States Department of Transportation that a vehicle | 8 | | is in violation of the Federal Motor Carrier Safety | 9 | | Regulations, as they are now or hereafter amended, and is | 10 | | prohibited from operating. | 11 | | (c) The Secretary of State may suspend the registration of | 12 | | a
vehicle when a court finds that the vehicle was used in a | 13 | | violation of Section 24-3A of the Criminal Code of 1961 or the | 14 | | Criminal Code of 2012 relating to gunrunning. A suspension of | 15 | | registration under this subsection (c) may be for a period of | 16 | | up to 90 days.
| 17 | | (d) The Secretary of State shall not renew the registration | 18 | | of a
vehicle when the Secretary finds that the registered owner | 19 | | of a vehicle used in violation of the Automated Traffic Control | 20 | | Systems in Highway Construction or Maintenance Zones Act: (1) | 21 | | has failed to pay any penalty due and owing as a result of 3 | 22 | | violations under the Automated Traffic Control Systems in | 23 | | Highway Construction or Maintenance Zones Act; or (2) is more | 24 | | than 30 calendar days in default of a payment plan. The | 25 | | Secretary of State shall adopt rules to implement this | 26 | | subsection (d). |
| | | 09900SB0633sam001 | - 7 - | LRB099 03349 AXK 46186 a |
|
| 1 | | (Source: P.A. 97-540, eff. 1-1-12; 97-1150, eff. 1-25-13.)
| 2 | | (625 ILCS 5/11-605.1) | 3 | | Sec. 11-605.1. Special limit while traveling through a | 4 | | highway construction or maintenance speed zone. | 5 | | (a) A person may not operate a motor vehicle in a | 6 | | construction or maintenance speed zone at a speed in excess of | 7 | | the posted speed limit when workers are present.
| 8 | | (a-5) A person may not operate a motor vehicle in a | 9 | | construction or maintenance speed zone at a speed in excess of | 10 | | the posted speed limit when workers are not present. | 11 | | (b) Nothing in this Chapter prohibits the use of electronic | 12 | | speed-detecting devices within 500 feet of signs within a | 13 | | construction or maintenance speed zone as defined by the | 14 | | Automated Traffic Control Systems in Highway Construction or | 15 | | Maintenance Zones Act. A violation incurred by use of | 16 | | electronic speed-detecting devices shall not constitute a | 17 | | first or subsequent violation of this Section for purposes of | 18 | | fines or driver's license suspensions indicating the zone, as | 19 | | defined in this Section, nor shall evidence obtained by use of | 20 | | those devices be inadmissible in any prosecution for speeding, | 21 | | provided the use of the device shall apply only to the | 22 | | enforcement of the speed limit in the construction or | 23 | | maintenance speed zone .
| 24 | | (c) As used in this Section, a "construction or maintenance | 25 | | speed zone" is an area in which the Department, Toll Highway |
| | | 09900SB0633sam001 | - 8 - | LRB099 03349 AXK 46186 a |
|
| 1 | | Authority, or local agency is preparing for construction or | 2 | | maintenance, conducting construction or maintenance, or | 3 | | removing construction or maintenance equipment and materials, | 4 | | and has posted signage advising drivers that a construction or | 5 | | maintenance speed zone is being approached, or in which the | 6 | | Department, Authority, or local agency has posted a lower speed | 7 | | limit with a highway construction or maintenance speed zone | 8 | | special speed limit sign after determining that the preexisting | 9 | | established speed limit through a highway construction or | 10 | | maintenance project is greater than is reasonable or safe with | 11 | | respect to the conditions expected to exist in the construction | 12 | | or maintenance speed zone. | 13 | | If it is determined that the preexisting established speed | 14 | | limit is safe with respect to the conditions expected to exist | 15 | | in the construction or maintenance speed zone, additional speed | 16 | | limit signs which conform to the requirements of this | 17 | | subsection (c) shall be posted. | 18 | | Highway construction or maintenance speed zone special | 19 | | speed limit signs shall be of a design approved by the | 20 | | Department. The signs must give proper due warning that a | 21 | | construction or maintenance speed zone is being approached and | 22 | | must indicate the maximum speed limit in effect. The signs also | 23 | | must state the amount of the potential fines minimum fine for a | 24 | | violation or automated violation .
| 25 | | (d) Except as provided under subsection (d-5), a person who | 26 | | violates this Section is guilty of a petty offense. Violations |
| | | 09900SB0633sam001 | - 9 - | LRB099 03349 AXK 46186 a |
|
| 1 | | of this Section are punishable with a minimum fine of $250 for | 2 | | the first violation and a minimum fine of $750 for the second | 3 | | or subsequent violation. | 4 | | (d-5) A person committing a violation of this Section is | 5 | | guilty of aggravated special speed limit while traveling | 6 | | through a highway construction or maintenance speed zone when | 7 | | he or she drives a motor vehicle at a speed that is: | 8 | | (1) 26 miles per hour or more but less than 35 miles | 9 | | per hour in excess of the applicable special speed limit | 10 | | established under this Section or a similar provision of a | 11 | | local ordinance and is guilty of a Class B misdemeanor; or | 12 | | (2) 35 miles per hour or more in excess of the | 13 | | applicable special speed limit established under this | 14 | | Section or a similar provision of a local ordinance and is | 15 | | guilty of a Class A misdemeanor. | 16 | | (e) If a fine for a violation of this Section is $250 or | 17 | | greater, the person who violated this Section shall be charged | 18 | | an additional $125, which shall be deposited into the | 19 | | Transportation Safety Highway Hire-back Fund in the State | 20 | | treasury, unless (i) the violation occurred on a highway other | 21 | | than an interstate highway and (ii) a county police officer | 22 | | wrote the ticket for the violation, in which case the $125 | 23 | | shall be deposited into that county's Transportation Safety | 24 | | Highway Hire-back Fund. In the case of a second or subsequent | 25 | | violation of this Section, if the fine is $750 or greater, the | 26 | | person who violated this Section shall be charged an additional |
| | | 09900SB0633sam001 | - 10 - | LRB099 03349 AXK 46186 a |
|
| 1 | | $250, which shall be deposited into the Transportation Safety | 2 | | Highway Hire-back Fund in the State treasury, unless (i) the | 3 | | violation occurred on a highway other than an interstate | 4 | | highway and (ii) a county police officer wrote the ticket for | 5 | | the violation, in which case the $250 shall be deposited into | 6 | | that county's Transportation Safety Highway Hire-back Fund.
| 7 | | (e-5) The Department of State Police and the local county | 8 | | police department have concurrent jurisdiction over any | 9 | | violation of this Section that occurs on an interstate highway.
| 10 | | (f) The Transportation Safety Highway Hire-back Fund, | 11 | | which was created by Public Act 92-619, shall continue to be a | 12 | | special fund in the State treasury. Subject to appropriation by | 13 | | the General Assembly and approval by the Secretary, the | 14 | | Secretary of Transportation shall use all moneys in the | 15 | | Transportation Safety Highway Hire-back Fund to hire off-duty | 16 | | Department of State Police officers to monitor construction or | 17 | | maintenance zones , and to provide additional policing as | 18 | | determined by the Director of the Department of State Police, | 19 | | including State Police cadet training . | 20 | | (f-5) Each county shall create a Transportation Safety | 21 | | Highway Hire-back Fund. The county shall use the moneys in its | 22 | | Transportation Safety Highway Hire-back Fund to hire off-duty | 23 | | county police officers to monitor construction or maintenance | 24 | | zones in that county on highways other than interstate | 25 | | highways , and to provide additional policing as determined by | 26 | | the sheriff . The county, in its discretion, may also use a |
| | | 09900SB0633sam001 | - 11 - | LRB099 03349 AXK 46186 a |
|
| 1 | | portion of the moneys in its Transportation Safety Highway | 2 | | Hire-back Fund to purchase equipment for county law enforcement | 3 | | and fund the production of materials to educate drivers on | 4 | | construction zone safe driving habits.
| 5 | | (f-10) Each local agency operating an automated control | 6 | | system under the Automated Traffic Control Systems in Highway | 7 | | Construction or Maintenance Zones Act may create a | 8 | | Transportation Safety Highway Hire-back Fund to hire off-duty | 9 | | law enforcement officers to monitor construction or | 10 | | maintenance zones within that agency's jurisdiction and | 11 | | provide additional policing within that agency's jurisdiction. | 12 | | (g) For a second or subsequent violation of this Section | 13 | | within 2 years of the date of the previous violation, the | 14 | | Secretary of State shall suspend the driver's license of the | 15 | | violator for a period of 90 days.
This suspension shall only be
| 16 | | imposed if the current violation of this Section and at least | 17 | | one prior violation of this Section
occurred during a period | 18 | | when workers were present in the
construction or maintenance | 19 | | zone.
| 20 | | (Source: P.A. 98-337, eff. 1-1-14; 99-212, eff. 1-1-16; 99-280, | 21 | | eff. 1-1-16; revised 10-15-15.) | 22 | | Section 15. The Automated Traffic Control Systems in | 23 | | Highway Construction or Maintenance Zones Act is amended by | 24 | | changing Sections 10, 15, 20, 25, 30, 35, and 40 as follows: |
| | | 09900SB0633sam001 | - 12 - | LRB099 03349 AXK 46186 a |
|
| 1 | | (625 ILCS 7/10)
| 2 | | Sec. 10. Establishment of automated traffic control | 3 | | systems.
The Department of State Police or local agency with | 4 | | jurisdiction may establish and enforce an automated traffic | 5 | | control system in any construction or maintenance zone | 6 | | established by the Department of Transportation , or the | 7 | | Illinois State Toll Highway Authority , or local agency with | 8 | | jurisdiction . The Department of State Police or local agency | 9 | | shall operate a technically advanced system in terms of image | 10 | | or video recording capabilities in combination with vehicle | 11 | | detection sensors. The Department of State Police shall create | 12 | | rules for the establishment, compatibility, and enforcement of | 13 | | an automated traffic control system under this Act, and shall | 14 | | review and send notice of any violation of this Act. The State, | 15 | | county, or local agency with jurisdiction shall be responsible | 16 | | for entering into contracts with vendors for the installation, | 17 | | maintenance, and operation of the automated traffic control | 18 | | system. The State Police shall review all the evidence of | 19 | | potential violations, make violation determinations, and send | 20 | | out all notices of violations. An automated traffic control | 21 | | system may operate only during those periods when workers are | 22 | | present in the construction or maintenance zone. In any | 23 | | prosecution based upon evidence obtained through an automated | 24 | | traffic control system established under this Act, the State | 25 | | must prove that one or more workers were present in the | 26 | | construction or maintenance zone when the violation occurred.
|
| | | 09900SB0633sam001 | - 13 - | LRB099 03349 AXK 46186 a |
|
| 1 | | (Source: P.A. 93-947, eff. 8-19-04; 94-757, eff. 5-12-06; | 2 | | 94-814, eff. 1-1-07.) | 3 | | (625 ILCS 7/15)
| 4 | | Sec. 15. Definitions. As used in this Act: | 5 | | (a) "Automated traffic control system" means any system | 6 | | with image or video recording capabilities in combination with | 7 | | vehicle detection sensors that accurately measures a vehicle's | 8 | | speed while recording a clear image or video of the vehicle and | 9 | | the vehicle's front and rear registration plates while the | 10 | | driver is violating Section 20 of this Act. a photographic | 11 | | device, radar device, laser device, or other electrical or | 12 | | mechanical device or devices designed to record the speed of a | 13 | | vehicle and obtain a clear photograph or other recorded image | 14 | | of the vehicle, the vehicle operator, and the vehicle's | 15 | | registration plate while the driver is violating Section | 16 | | 11-605.1 of the Illinois Vehicle Code. The photograph or other | 17 | | recorded image must also display the time, date, and location | 18 | | of the violation. A law enforcement officer is not required to | 19 | | be present or to witness the violation. | 20 | | (b) "Construction or maintenance zone" means an area in | 21 | | which the Department of Transportation , or the Illinois State | 22 | | Toll Highway Authority , or local agency with jurisdiction is | 23 | | preparing for construction or maintenance, conducting | 24 | | construction or maintenance, or removing construction or | 25 | | maintenance equipment and materials, and has determined that |
| | | 09900SB0633sam001 | - 14 - | LRB099 03349 AXK 46186 a |
|
| 1 | | the preexisting established speed limit through a highway | 2 | | construction or maintenance project is greater than is | 3 | | reasonable or safe with
respect to the conditions expected to | 4 | | exist in the construction or maintenance
zone and has posted a | 5 | | lower speed limit with a highway construction or maintenance | 6 | | zone special speed limit sign in accordance with Section | 7 | | 11-605.1 of the Illinois Vehicle Code. | 8 | | "Local agency with jurisdiction" means the municipality or | 9 | | county conducting enforcement under this Act. Local agency | 10 | | enforcement is limited to all or any portion of a State highway | 11 | | or road where speed limits exceed 40 miles per hour before | 12 | | establishment of a construction or maintenance zone. | 13 | | (c) "Owner" means the person or entity to whom the vehicle | 14 | | is registered.
| 15 | | (Source: P.A. 93-947, eff. 8-19-04.) | 16 | | (625 ILCS 7/20)
| 17 | | Sec. 20. Civil violation; penalties; vehicle registration | 18 | | non-renewal Penalties . | 19 | | (a) A motor vehicle may not operate in a construction or | 20 | | maintenance zone at a speed in excess of the posted speed | 21 | | limit. The registered owner of a motor vehicle operated in | 22 | | violation of this Section when the violation is recorded by an | 23 | | automated traffic control system shall be subject to the | 24 | | following penalties: | 25 | | (1) if the recorded speed is less than 10 miles per |
| | | 09900SB0633sam001 | - 15 - | LRB099 03349 AXK 46186 a |
|
| 1 | | hour over the posted speed limit, a civil penalty may not | 2 | | be imposed under this Act; however, the Department of State | 3 | | Police may send a speed violation warning notice to the | 4 | | registered owner of the vehicle, in the same manner that a | 5 | | Notice of Violation is sent under this Act; | 6 | | (2) if the recorded speed is at least 10 miles per hour | 7 | | but less than 20 miles per hour over the posted speed | 8 | | limit, a civil penalty of $50 is imposed, and if the | 9 | | penalty is not paid in a timely manner an additional | 10 | | penalty of $50 is imposed; or | 11 | | (3) if the recorded speed is 20 miles per
hour or more | 12 | | over the posted speed limit, a civil penalty of $100 is | 13 | | imposed, and if the penalty is not paid in a timely manner | 14 | | an additional penalty of $100 is imposed. | 15 | | (b) A violation of this Section is a civil penalty, and not | 16 | | a violation of a traffic regulation governing the movement of | 17 | | vehicles and may not be recorded on the driving record of the | 18 | | owner of the vehicle. | 19 | | (c) In addition to the penalties imposed under this | 20 | | Section, the Secretary of State shall not renew the vehicle | 21 | | registration of the registered owner of a vehicle operated in | 22 | | violation of this Section, if the owner: (1) has failed to pay | 23 | | any penalty due and owing as a result of 3 violations of this | 24 | | Section; or (2) is more than 30 calendar days in default of a | 25 | | payment plan. The Secretary of State shall adopt rules to | 26 | | implement this Section. |
| | | 09900SB0633sam001 | - 16 - | LRB099 03349 AXK 46186 a |
|
| 1 | | (d) Forty percent of the penalties collected under an | 2 | | automated traffic control system established by a local agency | 3 | | shall be deposited into the pension fund or retirement system | 4 | | that local law enforcement officers contribute to, within 30 | 5 | | days of receipt of the money, as determined by the county | 6 | | sheriff or the chief of police of the local agency with | 7 | | jurisdiction. | 8 | | (d-5) Forty percent of the penalties collected under an | 9 | | automated traffic control system established by the Department | 10 | | of State Police, the Department of Transportation, or the | 11 | | Illinois State Toll Highway Authority, shall be deposited into | 12 | | the State Police Merit Board Public Safety Fund for | 13 | | distribution under Section 7.2 of the State Police Act. | 14 | | (e) Ten percent of the penalties collected under an | 15 | | automated traffic control system established by the Department | 16 | | of State Police, the Department of Transportation, or the | 17 | | Illinois State Toll Highway Authority, shall be deposited into | 18 | | the State Transportation Safety Highway Hire-back Fund. Ten | 19 | | percent of the penalties collected under an automated traffic | 20 | | control system established by a local agency with jurisdiction | 21 | | shall be deposited as follows: 5% into the Transportation | 22 | | Safety Highway Hire-back Fund of the local agency with | 23 | | jurisdiction, if a fund exists, and 5% into the State | 24 | | Transportation Safety Highway Hire-back Fund. If the local | 25 | | agency with jurisdiction does not have a Transportation Safety | 26 | | Highway Hire-back Fund, then 10% of the penalties collected |
| | | 09900SB0633sam001 | - 17 - | LRB099 03349 AXK 46186 a |
|
| 1 | | under an automated traffic control system established by a | 2 | | local agency with jurisdiction shall be deposited into the | 3 | | State Transportation Safety Highway Hire-back Fund. The funds | 4 | | deposited into the State Transportation Safety Highway | 5 | | Hire-back Fund or the Transportation Safety Highway Hire-back | 6 | | Fund of the local agency with jurisdiction under this | 7 | | subsection (e) shall be used to hire off-duty Department of | 8 | | State Police or local agency officers to monitor construction | 9 | | or maintenance zones and provide for additional policing. The | 10 | | Department of State Police may recover enforcement and | 11 | | administrative costs from enforcement penalties collected | 12 | | under this Act, but the amount collected shall not exceed 10% | 13 | | of the total penalties collected under this Act. A local agency | 14 | | with jurisdiction may establish a Safety Highway Hire-back Fund | 15 | | to receive revenues under this Section. The Department of State | 16 | | Police shall adopt rules to implement this subsection (e). | 17 | | (f) The Department of State Police and the Department of | 18 | | Transportation shall jointly conduct an annual statistical | 19 | | analysis to assess the safety impact of the system. The | 20 | | statistical analysis shall be based upon the best available | 21 | | crash, traffic, and other data, and shall cover a period of | 22 | | time before and after the installation of the system sufficient | 23 | | to provide a statistically valid comparison of the safety | 24 | | impact. The statistical analysis required by this subsection | 25 | | (f) shall be made available to the public and shall be | 26 | | published on the websites of the Department of State Police and |
| | | 09900SB0633sam001 | - 18 - | LRB099 03349 AXK 46186 a |
|
| 1 | | the Department of Transportation. | 2 | | (g) The Secretary of State and Department of State Police | 3 | | shall adopt rules for collection of penalties, conduct of | 4 | | administrative proceedings, and other rules necessary to | 5 | | implement this Act. The rules adopted must allow for a 60-day | 6 | | period to pay a penalty or challenge each attested Notice of | 7 | | Violation. | 8 | | The penalties for and consequences of a traffic violation | 9 | | recorded by an automated traffic control system are the same as | 10 | | for any similar violation of the Illinois Vehicle Code.
| 11 | | (Source: P.A. 93-947, eff. 8-19-04.) | 12 | | (625 ILCS 7/25)
| 13 | | Sec. 25. Limitations on the use of automated traffic | 14 | | control enforcement systems. | 15 | | (a) The Department of State Police or local agency with | 16 | | jurisdiction must conduct a public information campaign to | 17 | | inform drivers about the use of automated traffic
control | 18 | | systems in highway construction or maintenance zones , | 19 | | including but not limited to speed restrictions under Sections | 20 | | 11-601.5 and 11-605.1 of the Illinois Vehicle Code and | 21 | | penalties for injuring or killing a worker in a highway | 22 | | construction or maintenance zone under Section 11-908 of the | 23 | | Illinois Vehicle Code before establishing any of those systems. | 24 | | The Department of State Police shall adopt rules for | 25 | | implementing this subsection (a). |
| | | 09900SB0633sam001 | - 19 - | LRB099 03349 AXK 46186 a |
|
| 1 | | (b) Signs indicating that speeds are enforced by automated | 2 | | traffic control systems must be clearly and conspicuously | 3 | | posted in the areas where the systems are in use. | 4 | | (c) Operation of automated traffic control systems is | 5 | | limited to established areas where road construction or | 6 | | maintenance zones is occurring . | 7 | | (d) Photographs or other recorded images obtained in this | 8 | | manner may only be used as evidence in relation to a violation | 9 | | of this Act or Section 11-605.1 of the Illinois Vehicle Code | 10 | | for which the photograph is taken . For the purposes of this | 11 | | Act, the The photographs or other recorded images are available | 12 | | only to the owner of the vehicle, the driver of the vehicle, | 13 | | the lessee of the vehicle, the offender and the offender's | 14 | | attorney of the owner or driver or lessee , hearing officer, | 15 | | relevant Secretary of State personnel the judiciary, the local | 16 | | State's Attorney , and law enforcement officials. | 17 | | (e) (Blank). If the driver of the vehicle cannot be | 18 | | identified through the photograph, the owner is not liable for | 19 | | the fine, and the citation may not be counted against the | 20 | | driving record of the owner. If the driver can be identified, | 21 | | the driver is liable for the fine, and the violation is counted | 22 | | against his or her driving record.
| 23 | | (Source: P.A. 93-947, eff. 8-19-04.) | 24 | | (625 ILCS 7/30)
| 25 | | Sec. 30. Requirements for issuance of a Notice of Violation |
| | | 09900SB0633sam001 | - 20 - | LRB099 03349 AXK 46186 a |
|
| 1 | | citation . | 2 | | (a) The vehicle, vehicle operator, vehicle registration | 3 | | plate, speed, date, time, and location must be clearly visible | 4 | | on the photograph or other recorded image of the alleged | 5 | | violation. The Department of State Police must review and | 6 | | approve the photograph or other recorded image for compliance | 7 | | with this subsection. The Department of State Police shall | 8 | | adopt rules for: (1) coordination of enforcement efforts with | 9 | | State agencies, local agencies with jurisdiction, and the | 10 | | Secretary of State; (2) notices to motorists; and (3) review | 11 | | and approval of photographs or other recorded images from | 12 | | automated traffic control systems established by the | 13 | | Department or a local agency with jurisdiction. The rules may | 14 | | provide that the review and approval of the photograph or other | 15 | | recorded image under this subsection may be conducted by a | 16 | | Department employee other than a sworn law enforcement officer. | 17 | | (b) A Notice of Violation Uniform Traffic Citation must be | 18 | | mailed by first class United States mail with postage prepaid | 19 | | or otherwise delivered to the registered owner of the vehicle . | 20 | | If mailed, the citation must be sent via certified mail within | 21 | | 14
business days of the alleged violation , return receipt | 22 | | requested . | 23 | | (c) The Notice of Violation Uniform Traffic Citation must | 24 | | include: | 25 | | (1) the name and address of the vehicle owner; | 26 | | (2) the registration number of the vehicle; |
| | | 09900SB0633sam001 | - 21 - | LRB099 03349 AXK 46186 a |
|
| 1 | | (3) the violation offense charged; | 2 | | (4) the time, date, and location of the violation; | 3 | | (5) (blank) the first available court date ; and
| 4 | | (6) notice that the basis of the violation citation is | 5 | | the photograph or recorded image from the automated traffic | 6 | | control system ; . | 7 | | (7) a copy of the recorded image or images and a | 8 | | statement that the violation occurred in a construction or | 9 | | maintenance zone, as defined by Section 15 of this Act; | 10 | | (8) the amount of the civil penalty imposed and the | 11 | | date by which the civil penalty should be paid; | 12 | | (9) a statement that recorded images are evidence of a | 13 | | violation of a speed restriction; | 14 | | (10) a warning that failure to pay the civil penalty in | 15 | | a timely manner is an admission of liability and may result | 16 | | in the non-renewal of the vehicle registration of the owner | 17 | | of the vehicle; | 18 | | (11) a statement that the person may elect to proceed | 19 | | by: | 20 | | (A) paying the fine; | 21 | | (B) challenging the charge by mail or by | 22 | | administrative hearing; or | 23 | | (C) challenging the charge by any administrative | 24 | | rule adopted by the Secretary of State under this Act; | 25 | | and | 26 | | (12) a website address where the owner may view the |
| | | 09900SB0633sam001 | - 22 - | LRB099 03349 AXK 46186 a |
|
| 1 | | recorded images of the violation. | 2 | | (d) The Notice of Violation Uniform Traffic Citation issued | 3 | | to the owner violator must be a single sheet. accompanied by a | 4 | | written document that lists the violator's rights and | 5 | | obligations and explains how the violator can elect to proceed | 6 | | by either paying the fine or challenging the issuance of the | 7 | | The written document must also include on the backside of the | 8 | | sheet information on penalties for injuring or killing a worker | 9 | | in a highway construction or maintenance zone Uniform Traffic | 10 | | Citation .
| 11 | | (Source: P.A. 93-947, eff. 8-19-04; 94-757, eff. 5-12-06; | 12 | | 94-814, eff. 1-1-07.) | 13 | | (625 ILCS 7/35)
| 14 | | Sec. 35. Response to issuance of a Notice of Violation | 15 | | citation . | 16 | | (a) If a A person issued a Notice of Violation citation | 17 | | under this Act (1) has failed to pay any penalty due and owing | 18 | | as a result of 3 violations under the Automated Traffic Control | 19 | | Systems in Highway Construction or Maintenance Zones Act; or | 20 | | (2) is more than 30 calendar days in default of a payment plan, | 21 | | the Secretary of State shall not renew the registration of the | 22 | | owner of the vehicle. The Secretary of State shall adopt rules | 23 | | to implement this Section may respond to the citation in person | 24 | | or by any method allowed by law . | 25 | | (b) (Blank). If the driver of the vehicle cannot be |
| | | 09900SB0633sam001 | - 23 - | LRB099 03349 AXK 46186 a |
|
| 1 | | identified through the photograph or other recorded image, the | 2 | | owner is not liable for the fine.
| 3 | | (c) The Secretary of State shall adopt rules to allow for | 4 | | coordination with the Department of State Police, other State | 5 | | agencies, and local agencies with jurisdiction to enforce this | 6 | | Section. The rules adopted shall not allow for less than 60 | 7 | | days for a vehicle owner to either pay the violation or | 8 | | challenge the violation by mail, administrative hearing, or any | 9 | | other procedure established by rule. The rules shall provide a | 10 | | process by which a vehicle owner may transfer liability for a | 11 | | violation under this Act to the driver of the owner's vehicle | 12 | | and a process by which a lessor may transfer liability for a | 13 | | violation under this Act to the lessee of the lessor's vehicle. | 14 | | The Secretary of State may recover the costs of conducting | 15 | | administrative hearings from penalties collected under this | 16 | | Act, which may not exceed 10% of the total penalties collected | 17 | | under this Act. | 18 | | (d) In an administrative proceeding challenging the | 19 | | violation, the hearing officer may consider in defense of a | 20 | | violation: | 21 | | (1) that the motor vehicle or registration plate of
the | 22 | | motor vehicle were stolen before the violation occurred and | 23 | | were not under the control of or in the possession of the | 24 | | owner at the time of the violation; | 25 | | (2) that the driver or owner of the motor vehicle | 26 | | received a Uniform Traffic Citation from a law enforcement |
| | | 09900SB0633sam001 | - 24 - | LRB099 03349 AXK 46186 a |
|
| 1 | | officer for a speed violation occurring within one-eighth | 2 | | of a mile and within 15 minutes of the violation recorded | 3 | | by the automated traffic control system; | 4 | | (3) that the owner of the vehicle has transferred | 5 | | liability to the driver; | 6 | | (4) that clear and conspicuous signs were not displayed | 7 | | at the construction or maintenance zone; | 8 | | (5) that the Department of Transportation, Illinois | 9 | | State Toll Highway Authority, or local agency with | 10 | | jurisdiction did not properly establish a construction or | 11 | | maintenance zone as defined under Section 15 of this Act; | 12 | | or | 13 | | (6) any other evidence or issues allowed by | 14 | | administrative rule adopted under this Act. | 15 | | (Source: P.A. 93-947, eff. 8-19-04.) | 16 | | (625 ILCS 7/40)
| 17 | | Sec. 40. Admissibility of recorded images. Any Except as | 18 | | provided in Section 45, any photograph or other recorded image | 19 | | evidencing a violation of this Act or Section 11-605.1 of the | 20 | | Illinois Vehicle Code is admissible in any proceeding resulting | 21 | | from the issuance of the Notice of Violation under this Act or | 22 | | Uniform Traffic Citation under Section 11-605.1 of the Illinois | 23 | | Vehicle Code . For the purposes of this Act, photographs | 24 | | Photographs or other recorded images made by an automated | 25 | | automatic traffic control system are confidential and shall be |
| | | 09900SB0633sam001 | - 25 - | LRB099 03349 AXK 46186 a |
|
| 1 | | made available only to those persons provided for under | 2 | | subsection (d) of Section 25 of this Act the defendant and to | 3 | | governmental or law enforcement agencies within the | 4 | | jurisdiction for the purposes of adjudicating a driving | 5 | | violation.
| 6 | | (Source: P.A. 93-947, eff. 8-19-04.) | 7 | | (625 ILCS 7/45 rep.) | 8 | | Section 20. The Automated Traffic Control Systems in | 9 | | Highway Construction or Maintenance Zones Act is amended by | 10 | | repealing Section 45.
| 11 | | Section 99. Effective date. This Act takes effect one year | 12 | | after becoming law.".
|
|