HB5746 96TH GENERAL ASSEMBLY

LRB096 19218 RLJ 34609 b

96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB5746

Introduced 2/9/2010, by Rep. Renée Kosel

SYNOPSIS AS INTRODUCED:

625 ILCS 5/11-208.6

Amends the Illinois Vehicle Code. Provides that, if the corporate authorities of a county or municipality have adopted an ordinance to impose fines or penalties for a violation of an automated traffic law enforcement ordinance to enforce red lights before the effective date of this amendatory Act, then the imposition of the fines or penalties by the corporate authorities of the county or municipality is subject to a back-door referendum. Sets forth the requirements for the back-door referendum. Provides that, if the corporate authorities of a county or municipality adopt an ordinance to impose fines or penalties for a violation of an automated traffic law enforcement ordinance to enforce red lights, then the imposition of the fines or penalties by the corporate authorities of the county or municipality is subject to a back-door referendum. Sets forth the requirements for the back-door referendum. Limits home rule powers.

FISCAL NOTE ACT MAY APPLY

HOME RULE NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning local government.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Illinois Vehicle Code is amended by changing Section 11-208.6 as follows:

(625 ILCS 5/11-208.6)

Sec. 11-208.6. Automated traffic law enforcement system.

(a) As used in this Section, "automated traffic law enforcement system" means a device with one or more motor vehicle sensors working in conjunction with a red light signal to produce recorded images of motor vehicles entering an intersection against a red signal indication in violation of Section 11-306 of this Code or a similar provision of a local ordinance.

An automated traffic law enforcement system is a system, in a municipality or county operated by a governmental agency, that produces a recorded image of a motor vehicle's violation of a provision of this Code or a local ordinance and is designed to obtain a clear recorded image of the vehicle and the vehicle's license plate. The recorded image must also display the time, date, and location of the violation.

(b) As used in this Section, "recorded images" means images recorded by an automated traffic law enforcement system on:

(1) 2 or more photographs;

(2) 2 or more microphotographs;

(3) 2 or more electronic images; or

(4) a video recording showing the motor vehicle and, on at least one image or portion of the recording, clearly identifying the registration plate number of the motor vehicle.

(c) A county or municipality, including a home rule county or municipality, may not use an automated traffic law enforcement system to provide recorded images of a motor vehicle for the purpose of recording its speed. The regulation of the use of automated traffic law enforcement systems to record vehicle speeds is an exclusive power and function of the State. This subsection (c) is a denial and limitation of home rule powers and functions under subsection (h) of Section 6 of Article VII of the Illinois Constitution.

(d) For each violation of a provision of this Code or a local ordinance recorded by an automatic traffic law enforcement system, the county or municipality having jurisdiction shall issue a written notice of the violation to the registered owner of the vehicle as the alleged violator. The notice shall be delivered to the registered owner of the vehicle, by mail, within 30 days after the Secretary of State notifies the municipality or county of the identity of the owner of the vehicle, but in no event later than 90 days after the violation.

The notice shall include:

(1) the name and address of the registered owner of the vehicle;

(2) the registration number of the motor vehicle involved in the violation;

(3) the violation charged;

(4) the location where the violation occurred;

(5) the date and time of the violation;

(6) a copy of the recorded images;

(7) the amount of the civil penalty imposed and the requirements of any traffic education program imposed and the date by which the civil penalty should be paid and the traffic education program should be completed;

(8) a statement that recorded images are evidence of a violation of a red light signal;

(9) a warning that failure to pay the civil penalty, to complete a required traffic education program, or to contest liability in a timely manner is an admission of liability and may result in a suspension of the driving privileges of the registered owner of the vehicle; and

(10) a statement that the person may elect to proceed by:

(A) paying the fine, completing a required traffic education program, or both; or

(B) challenging the charge in court, by mail, or by administrative hearing.

(e) If a person charged with a traffic violation, as a result of an automated traffic law enforcement system, does not pay the fine or complete a required traffic education program, or both, or successfully contest the civil penalty resulting from that violation, the Secretary of State shall suspend the driving privileges of the registered owner of the vehicle under Section 6-306.5 of this Code for failing to complete a required traffic education program or to pay any fine or penalty due and owing, or both, as a result of 5 violations of the automated traffic law enforcement system.

(f) Based on inspection of recorded images produced by an automated traffic law enforcement system, a notice alleging that the violation occurred shall be evidence of the facts contained in the notice and admissible in any proceeding alleging a violation under this Section.

(g) Recorded images made by an automatic traffic law enforcement system are confidential and shall be made available only to the alleged violator and governmental and law enforcement agencies for purposes of adjudicating a violation of this Section, for statistical purposes, or for other governmental purposes. Any recorded image evidencing a violation of this Section, however, may be admissible in any proceeding resulting from the issuance of the citation.

(h) The court or hearing officer may consider in defense of a violation:

(1) that the motor vehicle or registration plates of the motor vehicle were stolen before the violation occurred and not under the control of or in the possession of the owner at the time of the violation;

(2) that the driver of the vehicle passed through the intersection when the light was red either (i) in order to yield the right-of-way to an emergency vehicle or (ii) as part of a funeral procession; and

(3) any other evidence or issues provided by municipal or county ordinance.

(i) To demonstrate that the motor vehicle or the registration plates were stolen before the violation occurred and were not under the control or possession of the owner at the time of the violation, the owner must submit proof that a report concerning the stolen motor vehicle or registration plates was filed with a law enforcement agency in a timely manner.

(j) Unless the driver of the motor vehicle received a Uniform Traffic Citation from a police officer at the time of the violation, the motor vehicle owner is subject to a civil penalty not exceeding $100 or the completion of a traffic education program, or both, plus an additional penalty of not more than $100 for failure to pay the original penalty or to complete a required traffic education program, or both, in a timely manner, if the motor vehicle is recorded by an automated traffic law enforcement system. A violation for which a civil penalty is imposed under this Section is not a violation of a traffic regulation governing the movement of vehicles and may not be recorded on the driving record of the owner of the vehicle.

(j-3) A registered owner who is a holder of a valid commercial driver's license is not required to complete a traffic education program.

(j-5) For purposes of the required traffic education program only, a registered owner may submit an affidavit to the court or hearing officer swearing that at the time of the alleged violation, the vehicle was in the custody and control of another person. The affidavit must identify the person in custody and control of the vehicle, including the person's name and current address. The person in custody and control of the vehicle at the time of the violation is required to complete the required traffic education program. If the person in custody and control of the vehicle at the time of the violation completes the required traffic education program, the registered owner of the vehicle is not required to complete a traffic education program.

(k) An intersection equipped with an automated traffic law enforcement system must be posted with a sign visible to approaching traffic indicating that the intersection is being monitored by an automated traffic law enforcement system.

(l) The compensation paid for an automated traffic law enforcement system must be based on the value of the equipment or the services provided and may not be based on the number of traffic citations issued or the revenue generated by the system.

(m) This Section applies only to the counties of Cook, DuPage, Kane, Lake, Madison, McHenry, St. Clair, and Will and to municipalities located within those counties.

(n) The fee for participating in a traffic education program under this Section shall not exceed $25.

A low-income individual required to complete a traffic education program under this Section who provides proof of eligibility for the federal earned income tax credit under Section 32 of the Internal Revenue Code or the Illinois earned income tax credit under Section 212 of the Illinois Income Tax Act shall not be required to pay any fee for participating in a required traffic education program.

(o) If, before the effective date of this amendatory Act of the 96th General Assembly, the corporate authorities of a county or municipality have adopted an ordinance imposing fines or penalties for an automated traffic violation to enforce red lights pursuant to this Section, Section 11-208, or any other authority, then the corporate authorities of the county or municipality must publish the ordinance in a newspaper of general circulation in the county or municipality, as applicable, once each week for 3 weeks. If there is no newspaper of general circulation in the county or municipality, the notice must be posted in at least 5 public places in the county or municipality or posted on the county's or municipality's official Internet website. The publication or posting of the ordinance must be made no later than 60 days after the effective date of this amendatory Act of the 96th General Assembly. The posting or publication must include a notice of (i) the specific number of electors required to sign a petition requesting that the question of the adoption of the ordinance be submitted to the electors of the county or municipality, (ii) the time in which the petition must be filed, and (iii) the date of the prospective referendum.

The clerk of the county or municipality must provide a petition form to any individual requesting one.

If, within 30 days after the last required publication or posting of the ordinance, a petition is filed with the corporate authorities of the county or municipality, signed by electors of the county or municipality equal in number to 10% or more of the total number of registered voters in the county or municipality, as applicable, asking that the question of whether the corporate authorities of the county or municipality may continue to impose fees and penalties for violations of automated traffic law enforcement ordinances to enforce red lights be submitted to the electors of the county or municipality, the corporate authorities of the county or municipality must certify the question to the proper election authority, which must submit the question at an election in accordance with the Election Code.

The election authority must submit the question in substantially the following form:

Shall the corporate authorities of the (insert name of the county or municipality) be authorized to continue to impose fees and penalties for violations of automated traffic law enforcement ordinances to enforce red lights?

The election authority must record the votes as "Yes" or "No".

If a majority of the electors voting on the question vote in the affirmative or if no sufficient petition is filed with the corporate authorities within 30 days after the last required publication or posting of the ordinance, the corporate authorities may thereafter continue to impose fines and penalties for violations of automated traffic law enforcement ordinances to enforce red lights. If a majority of the electors voting on the question do not vote in the affirmative, then the corporate authorities of the county or municipality may no longer impose such fines and penalties.

A county or municipality may not provide for the imposition of fines and penalties for violations of automated traffic law enforcement ordinances to enforce red lights in a manner inconsistent with the provisions of this subsection (o). This subsection (o) is a limitation under subsection (i) of Section 6 of Article VII of the Illinois Constitution on the concurrent exercise by home rule units of powers and functions exercised by the State.

(p) If the corporate authorities of a county or municipality adopt an ordinance imposing fines or penalties for an automated traffic violation to enforce red lights pursuant to this Section, Section 11-208, or any other authority, then the corporate authorities of the county or municipality must publish the ordinance in a newspaper of general circulation in the county or municipality, as applicable, once each week for 3 weeks. If there is no newspaper of general circulation in the county or municipality, the notice must be posted in at least 5 public places in the county or municipality or posted on the county's or municipality's official Internet website. The publication or posting of the ordinance must be made no later than 60 days after the effective date of this amendatory Act of the 96th General Assembly. The posting or publication must include a notice of (i) the specific number of electors required to sign a petition requesting that the question of the adoption of the ordinance be submitted to the electors of the county or municipality, (ii) the time in which the petition must be filed, and (iii) the date of the prospective referendum.

The clerk of the county or municipality must provide a petition form to any individual requesting one.

If, within 30 days after the last required publication or posting of the ordinance, a petition is filed with the corporate authorities of the county or municipality, signed by electors of the county or municipality equal in number to 10% or more of the total number of registered voters in the county or municipality, as applicable, asking that the question of whether the corporate authorities of the county or municipality may impose fees and penalties for violations of automated traffic law enforcement ordinances to enforce red lights be submitted to the electors of the county or municipality, the corporate authorities of the county or municipality must certify the question to the proper election authority, which must submit the question at an election in accordance with the Election Code.

The election authority must submit the question in substantially the following form:

Shall the corporate authorities of the (insert name of the county or municipality) be authorized to impose fees and penalties for violations of automated traffic law enforcement ordinances to enforce red lights?

The election authority must record the votes as "Yes" or "No".

If a majority of the electors voting on the question vote in the affirmative or if no sufficient petition is filed with the corporate authorities within 30 days after the last required publication or posting of the ordinance, the corporate authorities may thereafter impose fines and penalties for violations of automated traffic law enforcement ordinances to enforce red lights. If a majority of the electors voting on the question do not vote in the affirmative, then the corporate authorities of the county or municipality may not impose such fines and penalties.

A county or municipality may not provide for the imposition of fines and penalties for violations of automated traffic law enforcement ordinances to enforce red lights in a manner inconsistent with the provisions of this subsection (p). This subsection (p) is a limitation under subsection (i) of Section 6 of Article VII of the Illinois Constitution on the concurrent exercise by home rule units of powers and functions exercised by the State.

(Source: P.A. 96-288, eff. 8-11-09.)