HB3061ham001 97TH GENERAL ASSEMBLY

Rep. Brandon W. Phelps

Filed: 3/9/2011

09700HB3061ham001 LRB097 09182 HEP 52405 a

AMENDMENT TO HOUSE BILL 3061

AMENDMENT NO. ______. Amend House Bill 3061 by replacing everything after the enacting clause with the following:

"Section 5. The Illinois Vehicle Code is amended by changing Section 11-605.1 as follows:

(625 ILCS 5/11-605.1)

Sec. 11-605.1. Special limit while traveling through a highway construction or maintenance speed zone.

(a) A person may not operate a motor vehicle in a construction or maintenance speed zone at a speed in excess of the posted speed limit.

(b) Nothing in this Chapter prohibits the use of electronic speed-detecting devices or automated traffic control systems within 500 feet of signs within a construction or maintenance speed zone indicating the zone, as defined in this Section, nor shall evidence obtained by use of those devices or systems be inadmissible in any prosecution for speeding, provided the use of the device or system shall apply only to the enforcement of the special speed limit in the construction or maintenance speed zone.

(c) As used in this Section, a "construction or maintenance speed zone" is an area in which the Department, Toll Highway Authority, or local agency has determined that the preexisting established speed limit through a highway construction or maintenance project is greater than is reasonable or safe with respect to the conditions expected to exist in the construction or maintenance speed zone and has posted a lower speed limit with a highway construction or maintenance speed zone special speed limit sign.

Highway construction or maintenance speed zone special speed limit signs shall be of a design approved by the Department. The signs must give proper due warning that a construction or maintenance speed zone is being approached and must indicate the maximum speed limit in effect. The signs also must state the amount of the minimum fine for a violation.

(d) A first violation of this Section is a petty offense with a minimum fine of $250. A second or subsequent violation of this Section is a petty offense with a minimum fine of $750.

(e) If a fine for a violation of this Section is $250 or greater, the person who violated this Section shall be charged an additional $125, which shall be deposited into the Transportation Safety Highway Hire-back Fund in the State treasury, unless (i) the violation occurred on a highway other than an interstate highway and (ii) a county police officer wrote the ticket for the violation, in which case the $125 shall be deposited into that county's Transportation Safety Highway Hire-back Fund. In the case of a second or subsequent violation of this Section, if the fine is $750 or greater, the person who violated this Section shall be charged an additional $250, which shall be deposited into the Transportation Safety Highway Hire-back Fund in the State treasury, unless (i) the violation occurred on a highway other than an interstate highway and (ii) a county police officer wrote the ticket for the violation, in which case the $250 shall be deposited into that county's Transportation Safety Highway Hire-back Fund.

(e-5) The Department of State Police and the local county police department have concurrent jurisdiction over any violation of this Section that occurs on an interstate highway.

(f) The Transportation Safety Highway Hire-back Fund, which was created by Public Act 92-619, shall continue to be a special fund in the State treasury. Subject to appropriation by the General Assembly and approval by the Secretary, the Secretary of Transportation shall use all moneys in the Transportation Safety Highway Hire-back Fund to hire off-duty Department of State Police officers to monitor construction or maintenance zones.

(f-5) Each county shall create a Transportation Safety Highway Hire-back Fund. The county shall use all moneys in its Transportation Safety Highway Hire-back Fund to hire off-duty county police officers to monitor construction or maintenance zones in that county on highways other than interstate highways.

(g) For a second or subsequent violation of this Section within 2 years of the date of the previous violation, the Secretary of State shall suspend the driver's license of the violator for a period of 90 days.

(Source: P.A. 93-955, eff. 8-19-04; 94-814, eff. 1-1-07.)

Section 10. The Automated Traffic Control Systems in Highway Construction or Maintenance Zones Act is amended by changing Sections 10, 15, 25, 30, 40, and 45 and by adding Section 37 as follows:

(625 ILCS 7/10)

Sec. 10. Establishment of automated control systems. The Department of State Police may establish an automated traffic control system in any construction or maintenance zone established by the Department of Transportation or the Illinois State Toll Highway Authority. An automated traffic control system may operate only during those periods when workers are present in the construction or maintenance zone. In any prosecution based upon evidence obtained through an automated traffic control system established under this Act, the State must prove that one or more workers were present in the construction or maintenance zone when the violation occurred.

(Source: P.A. 93-947, eff. 8-19-04; 94-757, eff. 5-12-06; 94-814, eff. 1-1-07.)

(625 ILCS 7/15)

Sec. 15. Definitions. As used in this Act:

(a) "Automated traffic control system" means a photographic device, radar device, laser device, or other electrical or mechanical device or devices designed to record the speed of a vehicle and obtain a clear photograph or other recorded image of the vehicle, the vehicle operator, and the vehicle's registration plate while the driver is violating Section 11-605.1 of the Illinois Vehicle Code. The photograph or other recorded image must also display the time, date, and location of the violation. A law enforcement officer is not required to be present or to witness the violation.

(b) "Construction or maintenance zone" means an area in which the Department of Transportation or the Illinois State Toll Highway Authority has determined that the preexisting established speed limit through a highway construction or maintenance project is greater than is reasonable or safe with respect to the conditions expected to exist in the construction or maintenance zone and has posted a lower speed limit with a highway construction or maintenance zone special speed limit sign in accordance with Section 11-605.1 of the Illinois Vehicle Code.

(c) "Owner" means the person or entity to whom the vehicle is registered, except this term shall not include a motor vehicle rental company when a motor vehicle registered by the company is being operated by another person under a rental agreement with the company.

(Source: P.A. 93-947, eff. 8-19-04.)

(625 ILCS 7/25)

Sec. 25. Limitations on the use of automated traffic enforcement systems.

(a) The Department of State Police must conduct a public information campaign to inform drivers about the use of automated traffic control systems in highway construction or maintenance zones before establishing any of those systems. The Department of State Police shall adopt rules for implementing this subsection (a).

(b) Signs indicating that speeds are enforced by automated traffic control systems must be clearly posted in the areas where the systems are in use.

(c) Operation of automated traffic control systems is limited to areas where road construction or maintenance zones as defined by this Act is occurring.

(d) Photographs obtained in this manner may only be used as evidence in relation to a violation of Section 11-605.1 of the Illinois Vehicle Code for which the photograph is taken, unless otherwise allowed by law. Photographs or recorded images made by an automated traffic control system are confidential and shall be made available only to the owner of the vehicle, the alleged offender, the alleged offender's attorney, the judiciary, the local State's Attorney, and governmental or law enforcement agencies. Any recorded image evidencing a violation of this Section, however, may be admissible in any proceeding resulting from the issuance of the citation. The photographs are available only to the owner of the vehicle, the offender and the offender's attorney, the judiciary, the local State's Attorney, and law enforcement officials.

(e) (Blank) If the driver of the vehicle cannot be identified through the photograph, the owner is not liable for the fine, and the citation may not be counted against the driving record of the owner. If the driver can be identified, the driver is liable for the fine, and the violation is counted against his or her driving record.

(Source: P.A. 93-947, eff. 8-19-04.)

(625 ILCS 7/30)

Sec. 30. Requirements for issuance of a citation.

(a) The vehicle, vehicle operator, vehicle registration plate, speed, date, time, and location must be clearly visible on the photograph or other recorded image of the alleged violation.

(b) A Uniform Traffic Citation must be mailed or otherwise delivered to the registered owner of the vehicle and to the alleged driver of the vehicle. If mailed, the citation must be sent via certified mail within 14 business days of the alleged violation, return receipt requested.

(c) The Uniform Traffic Citation must include:

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

(2) the registration number of the vehicle;

(3) the offense charged;

(4) the time, date, and location of the violation;

(5) the first available court date; and

(6) notice that the basis of the citation is the photograph or recorded image from the automated traffic control system; .

(7) the amount of the fine imposed; and

(8) a statement that recorded images are evidence of a violation of a posted speed limit in a highway construction or maintenance zone.

(d) The Uniform Traffic Citation issued to the alleged violator must be accompanied by a written document that lists the alleged violator's rights and obligations and explains how the alleged violator can elect to proceed by either paying the fine or challenging the issuance of the Uniform Traffic Citation.

(e) The written document accompanying the Uniform Traffic Citation shall advise the registered owner that:

(1) if the owner was not the operator of the vehicle as identified in the photograph or recorded image from the automated traffic control system in use at the time of the alleged offense, the owner must notify the Department of State Police, in writing, of the number of the Uniform Traffic Citation received and the name, driver's license number, and address of the person operating the vehicle as identified in the photograph or recorded image from the automated traffic control system in use at the time of the alleged offense.

(2) if the owner was not the operator of the vehicle as identified in the photograph or recorded image from the automated traffic control system in use at the time of the alleged offense because the vehicle was stolen, the owner must provide the Department of State Police with a certified copy of a police report showing that the vehicle had been reported to the police as stolen at the time of the alleged violation.

(3) if the owner fails to notify the Department of State Police, in writing, of the name, driver's license number, and address of the operator of the vehicle as identified in the photograph or recorded image from the automated traffic control system in use at the time of the alleged offense or provide the Department of State Police with a certified copy of a police report showing that the vehicle had been reported to the police as stolen prior to the time of the alleged violation, the Secretary of State may suspend the registration of the owner's vehicle in accordance with Section 37.

(f) If the registered owner of the vehicle was not the operator of the vehicle as identified in the photograph or recorded image from the automated traffic control system in use at the time of the alleged offense, and if the registered owner notifies the Department of State Police of the name, driver's license number, and address of the operator of the vehicle as identified in the photograph or recorded image from the automated traffic control system in use at the time of the alleged offense as required in subsection (e), the Department of State Police shall then issue a Uniform Traffic Citation to the person alleged by the registered owner to have been the operator of the vehicle as identified in the photograph or recorded image from the automated traffic control system in use at the time of the alleged offense. If the registered owner fails to notify the Department of State Police in writing of the name, driver's license number, and address of the operator of the vehicle as identified in the photograph or recorded image from the automated traffic control system in use at the time of the alleged offense, or if the information provided by the registered owner is incorrect or incomplete, the registered owner may be held accountable for the violation cited in accordance with Section 37.

(g) A Uniform Traffic Citation issued under this Section shall be dismissed if the registered owner of the vehicle provides the Department of State Police with a certified copy of a police report showing that the vehicle had been reported to the police as stolen at the time of the alleged violation.

(h) If a person charged with a traffic violation, as a result of an automated traffic control system, does not pay the fine or successfully contest the fine resulting from that violation, the Secretary of State shall suspend the driving privileges of the registered owner of the vehicle under Section 37 for failing to pay any fine or penalty due and owing, or both, as a result of 2 violations within 2 years of the automated traffic control system.

(i) 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.

(Source: P.A. 93-947, eff. 8-19-04; 94-757, eff. 5-12-06; 94-814, eff. 1-1-07.)

(625 ILCS 7/37 new)

Sec. 37. Suspension of vehicle registration. Notwithstanding any other penalties that may be imposed, the Secretary of State may suspend the registration of any vehicle or the driving privileges of any driver that violates this Act if the registered owner or driver does not comply with this Act.

(625 ILCS 7/40)

Sec. 40. Admissibility of recorded images. Except as provided in Section 25 45, any photograph or other recorded image evidencing a violation of Section 11-605.1 of the Illinois Vehicle Code is admissible in any proceeding resulting from the issuance of the Uniform Traffic Citation. Photographs or recorded images made by an automatic traffic control system are confidential and shall be made available only to the defendant and to governmental or law enforcement agencies within the jurisdiction for the purposes of adjudicating a driving violation.

(Source: P.A. 93-947, eff. 8-19-04.)

(625 ILCS 7/45)

Sec. 45. Corporation, association, business, or vehicle Vehicle rental or leasing company's identification of a driver, renter, or lessee.

(a) A Uniform Traffic Citation issued under this Act to a motor vehicle rental or leasing company shall be dismissed with respect to the corporation, association, business, rental or leasing company if:

(1) the corporation, association, business, or company responds to the Uniform Traffic Citation by submitting, within 30 days of the mailing of the citation, an affidavit of non-liability stating that, at the time of the alleged speeding or other traffic violation, the vehicle was in the custody and control of a renter or lessee under the terms of a rental agreement or lease; and

(2) the corporation, association, business, or company provides the driver's license number, name, and address of the renter or lessee.

(b) A Uniform Traffic Citation dismissed with respect to a motor vehicle rental or leasing company in accordance with subsection (a) may then be issued and delivered by mail or other means to the renter or lessee identified in the photograph or recorded image from the automated traffic control system and by the affidavit of non-liability.

(c) The Department of State Police shall notify the Secretary of State if a corporation, association, business, or vehicle rental or leasing company fails to comply with this Section. The Secretary may suspend the vehicle registration or the fleet registration of any corporation, association, business, or vehicle rental or leasing company that fails to comply with this Section.

(Source: P.A. 93-947, eff. 8-19-04.)

(625 ILCS 7/35 rep.)

Section 15. The Automated Traffic Control Systems in Highway Construction or Maintenance Zones Act is amended by repealing Section 35.

Section 99. Effective date. This Act takes effect upon becoming law.".