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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB3966
Introduced 2/26/2009, by Rep. William B. Black SYNOPSIS AS INTRODUCED:
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625 ILCS 5/11-208 | from Ch. 95 1/2, par. 11-208 |
625 ILCS 5/16-104e new |
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Amends the Illinois Vehicle Code. Provides that a municipality may enact an ordinance that requires a person who commits the offense
of speeding to pay, in addition to any other penalty imposed by the court, a $10 surcharge. Provides that the surcharge is to be distributed to the municipality that issued the citation or made the arrest for the purpose of defraying the fuel costs of law enforcement agencies within the jurisdiction of the municipality. Effective immediately.
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A BILL FOR
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HB3966 |
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LRB096 11626 AJT 22160 b |
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| AN ACT concerning transportation.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 10. The Illinois Vehicle Code is amended by |
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| changing Section 11-208 and by adding Section 16-104e as |
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| follows:
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| (625 ILCS 5/11-208)
(from Ch. 95 1/2, par. 11-208)
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| Sec. 11-208. Powers of local authorities.
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| (a) The provisions of this Code shall not be deemed to |
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| prevent
local authorities with respect to streets and highways |
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| under their
jurisdiction and within the reasonable exercise of |
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| the police power from:
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| 1. Regulating the standing or parking of vehicles, |
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| except as
limited by Section 11-1306 of this Act;
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| 2. Regulating traffic by means of police officers or |
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| traffic control
signals;
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| 3. Regulating or prohibiting processions or |
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| assemblages on the highways;
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| 4. Designating particular highways as one-way highways |
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| and requiring that
all vehicles thereon be moved in one |
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| specific direction;
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| 5. Regulating the speed of vehicles in public parks |
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| subject to the
limitations set forth in Section 11-604;
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LRB096 11626 AJT 22160 b |
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| 6. Designating any highway as a through highway, as |
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| authorized in Section
11-302, and requiring that all |
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| vehicles stop before entering or crossing
the same or |
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| designating any intersection as a stop intersection or a |
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| yield
right-of-way intersection and requiring all vehicles |
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| to stop or yield the
right-of-way at one or more entrances |
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| to such intersections;
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| 7. Restricting the use of highways as authorized in |
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| Chapter 15;
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| 8. Regulating the operation of bicycles and requiring |
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| the
registration and licensing of same, including the |
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| requirement of a
registration fee;
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| 9. Regulating or prohibiting the turning of vehicles or |
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| specified
types of vehicles at intersections;
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| 10. Altering the speed limits as authorized in Section |
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| 11-604;
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| 11. Prohibiting U-turns;
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| 12. Prohibiting pedestrian crossings at other than |
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| designated and marked
crosswalks or at intersections;
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| 13. Prohibiting parking during snow removal operation;
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| 14. Imposing fines in accordance with Section |
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| 11-1301.3 as penalties
for use of any parking place |
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| reserved for persons with disabilities, as defined
by |
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| Section 1-159.1, or disabled veterans by any person using a |
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| motor
vehicle not bearing registration plates specified in |
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| Section 11-1301.1
or a special decal or device as defined |
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HB3966 |
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LRB096 11626 AJT 22160 b |
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| in Section 11-1301.2
as evidence that the vehicle is |
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| operated by or for a person
with disabilities or disabled |
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| veteran;
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| 15. Adopting such other traffic regulations as are |
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| specifically
authorized by this Code; or
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| 16. Enforcing the provisions of subsection (f) of |
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| Section 3-413 of this
Code or a similar local ordinance.
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| (b) No ordinance or regulation enacted under subsections 1, |
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| 4, 5, 6, 7,
9, 10, 11 or 13 of paragraph (a) shall be effective |
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| until signs giving
reasonable notice of such local traffic |
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| regulations are posted.
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| (c) The provisions of this Code shall not prevent any
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| municipality having a population of 500,000 or more inhabitants |
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| from
prohibiting any person from driving or operating any motor |
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| vehicle upon
the roadways of such municipality with headlamps |
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| on high beam or bright.
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| (d) The provisions of this Code shall not be deemed to |
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| prevent local
authorities within the reasonable exercise of |
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| their police power from
prohibiting, on private property, the |
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| unauthorized use of parking spaces
reserved for persons with |
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| disabilities.
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| (e) No unit of local government, including a home rule |
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| unit, may enact or
enforce an ordinance that applies only to |
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| motorcycles if the principal purpose
for that ordinance is to |
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| restrict the access of motorcycles to any highway or
portion of |
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| a highway for which federal or State funds have been used for |
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| the
planning, design, construction, or maintenance of that |
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| highway. No unit of
local government, including a home rule |
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| unit, may enact an ordinance requiring
motorcycle users to wear |
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| protective headgear. Nothing in this subsection
(e) shall |
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| affect the authority of a unit of local government to regulate
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| motorcycles for traffic control purposes or in accordance with |
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| Section 12-602
of this Code. No unit of local government, |
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| including a home rule unit, may
regulate motorcycles in a |
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| manner inconsistent with this Code. This subsection
(e) is a |
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| limitation under subsection (i) of Section 6 of Article VII of |
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| the
Illinois Constitution on the concurrent exercise by home |
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| rule units of powers
and functions exercised by the State.
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| (f) A municipality or county designated in Section 11-208.6 |
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| may enact an ordinance providing for an
automated traffic law |
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| enforcement system to enforce violations of this Code or
a |
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| similar provision of a local ordinance and imposing liability |
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| on a registered owner of a vehicle used in such a violation.
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| (g) A municipality may enact an ordinance providing for a |
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| $10 surcharge on any violation of Section 11-601 of this Code |
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| or similar local ordinance to be distributed to the |
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| municipality pursuant to Section 16-104e of this Code for the |
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| purpose of defraying the fuel costs of law enforcement agencies |
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| within the jurisdiction of the municipality. |
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| (Source: P.A. 94-795, eff. 5-22-06.)
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| (625 ILCS 5/16-104e new) |
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HB3966 |
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LRB096 11626 AJT 22160 b |
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| Sec. 16-104e. Speeding; surcharge. A person who violates |
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| Section 11-601 of this Code or similar local ordinance, in |
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| addition to any other penalty imposed by the court, shall pay a |
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| $10 surcharge if the municipality has enacted an ordinance |
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| imposing the surcharge pursuant to Section 11-208. The circuit |
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| clerk shall distribute the surcharge imposed on any person who |
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| is found guilty of Section 11-601 or similar local ordinance, |
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| including any person placed on court supervision for the |
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| violation, to the municipality that issued the citation or made |
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| the arrest.
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| Section 99. Effective date. This Act takes effect upon |
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| becoming law.
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