093_SB0173eng

 
SB173 Engrossed                      LRB093 07216 DRH 07372 b

 1        AN ACT in relation to vehicles.

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

 4        Section  5.  The  Illinois  Vehicle  Code  is  amended by
 5    changing Sections 6-306.5, 11-208, 11-208.3, and  11-306  and
 6    adding Section 11-208.5 as follows:

 7        (625 ILCS 5/6-306.5) (from Ch. 95 1/2, par. 6-306.5)
 8        Sec.  6-306.5.   Failure  to  pay  fine  or  penalty  for
 9    standing,  parking,  or  compliance, or automated traffic law
10    violations; suspension of driving privileges.
11        (a) Upon receipt of a certified report,  as prescribed by
12    subsection (c) of this Section, from any municipality stating
13    that the owner of a registered vehicle has: (1) failed to pay
14    any fine or penalty due and owing as a result of 10  or  more
15    violations  of  a municipality's vehicular standing, parking,
16    or compliance regulations established by  ordinance  pursuant
17    to  Section  11-208.3  of this Code, or (2) failed to pay any
18    fine or penalty due and owing as a result of 5  offenses  for
19    automated  traffic violations as defined in Section 11-208.5,
20    the Secretary of State shall suspend the  driving  privileges
21    of such person in accordance with the procedures set forth in
22    this  Section.  The  Secretary shall also suspend the driving
23    privileges of an owner of a registered vehicle  upon  receipt
24    of  a  certified  report,  as prescribed by subsection (f) of
25    this Section, from any municipality stating that such  person
26    has failed to satisfy any fines or penalties imposed by final
27    judgments  for  5 or more automated traffic law violations or
28    10  or  more  violations  of  local  standing,  parking,   or
29    compliance  regulations  after  exhaustion of judicial review
30    procedures.
31        (b)  Following receipt of the  certified  report  of  the
 
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 1    municipality  as  specified in this Section, the Secretary of
 2    State shall notify the  person  whose  name  appears  on  the
 3    certified  report  that  the person's drivers license will be
 4    suspended at the end of a specified period of time unless the
 5    Secretary of State  is  presented  with  a  notice  from  the
 6    municipality  certifying  that  the  fine  or penalty due and
 7    owing the municipality has been paid  or  that  inclusion  of
 8    that person's name on the certified report was in error.  The
 9    Secretary's  notice  shall state in substance the information
10    contained in  the  municipality's  certified  report  to  the
11    Secretary,  and shall be effective as specified by subsection
12    (c) of Section 6-211 of this Code.
13        (c)  The report of  the  appropriate  municipal  official
14    notifying the Secretary of State of unpaid fines or penalties
15    pursuant to this Section shall be certified and shall contain
16    the following:
17             (1)  The   name,  last  known  address  and  drivers
18        license number of the person who failed to pay  the  fine
19        or  penalty  and  the  registration number of any vehicle
20        known to be registered to such person in this State.
21             (2)  The name of the municipality making the  report
22        pursuant to this Section.
23             (3)  A statement that the municipality sent a notice
24        of  impending drivers license suspension as prescribed by
25        ordinance enacted pursuant to Section  11-208.3,  to  the
26        person  named  in the report at the address recorded with
27        the Secretary of State; the date on which such notice was
28        sent; and the address to which such notice was sent. In a
29        municipality with a population of 1,000,000 or more,  the
30        report  shall  also  include a statement that the alleged
31        violator's State vehicle registration number and  vehicle
32        make are correct as they appear on the citations.
33        (d)  Any  municipality  making  a certified report to the
34    Secretary of State pursuant to this Section shall notify  the
 
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 1    Secretary  of  State,  in a form prescribed by the Secretary,
 2    whenever a person named in the certified report has paid  the
 3    previously   reported   fine   or  penalty  or  whenever  the
 4    municipality determines  that  the  original  report  was  in
 5    error.   A  certified copy of such notification shall also be
 6    given upon request and at no additional charge to the  person
 7    named   therein.    Upon   receipt   of   the  municipality's
 8    notification or presentation of  a  certified  copy  of  such
 9    notification,  the  Secretary  of  State  shall terminate the
10    suspension.
11        (e)  Any municipality making a certified  report  to  the
12    Secretary  of  State  pursuant  to this Section shall also by
13    ordinance establish procedures for persons to  challenge  the
14    accuracy  of  the certified report.  The ordinance shall also
15    state the grounds for such a challenge, which may be  limited
16    to  (1) the person not having been the owner or lessee of the
17    vehicle or vehicles receiving 10 or more  standing,  parking,
18    or  compliance  violation  notices  or  5  or  more automated
19    traffic law violation notices  on  the  date  or  dates  such
20    notices  were  issued; and (2) the person having already paid
21    the fine or penalty for the 10 or more standing, parking,  or
22    compliance  violations  or  5  or  more automated traffic law
23    violations indicated on the certified report.
24        (f)  Any  municipality,   other   than   a   municipality
25    establishing  vehicular  standing,  parking,  and  compliance
26    regulations pursuant to Section 11-208.3 or automated traffic
27    law  regulations  under  Section  11-208.5,  may also cause a
28    suspension of a person's drivers  license  pursuant  to  this
29    Section. Such municipality may invoke this sanction by making
30    a  certified report to the Secretary of State upon a person's
31    failure to satisfy any  fine  or  penalty  imposed  by  final
32    judgment  for  10  or  more  violations  of  local  standing,
33    parking,  or  compliance  regulations  or 5 or more automated
34    traffic law violations after exhaustion  of  judicial  review
 
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 1    procedures, but only if:
 2             (1)  the  municipality  complies with the provisions
 3        of this Section in  all  respects  except  in  regard  to
 4        enacting an ordinance pursuant to Section 11-208.3;
 5             (2)  the municipality has sent a notice of impending
 6        drivers  license suspension as prescribed by an ordinance
 7        enacted pursuant to subsection (g) of this Section; and
 8             (3)  in  municipalities   with   a   population   of
 9        1,000,000 or more, the municipality has verified that the
10        alleged  violator's State vehicle registration number and
11        vehicle make are correct as they appear on the citations.
12        (g)  Any  municipality,   other   than   a   municipality
13    establishing  standing,  parking,  and compliance regulations
14    pursuant  to  Section  11-208.3  or  automated  traffic   law
15    regulations  under Section 11-208.5, may provide by ordinance
16    for the sending of a  notice  of  impending  drivers  license
17    suspension  to  the person who has failed to satisfy any fine
18    or  penalty  imposed  by  final  judgment  for  10  or   more
19    violations   of   local   standing,  parking,  or  compliance
20    regulations or 5 or more  automated  traffic  law  violations
21    after exhaustion of judicial review procedures.  An ordinance
22    so providing shall specify that the notice sent to the person
23    liable  for  any  fine or penalty shall state that failure to
24    pay the fine or penalty owing within 45 days of the  notice's
25    date  will result in the municipality notifying the Secretary
26    of State that the person's drivers license  is  eligible  for
27    suspension  pursuant to this Section. The notice of impending
28    drivers license suspension  shall  be  sent  by  first  class
29    United  States mail, postage prepaid, to the address recorded
30    with the Secretary of State.
31        (h)  An administrative hearing to  contest  an  impending
32    suspension  or a suspension made pursuant to this Section may
33    be had upon filing a written request with  the  Secretary  of
34    State.   The  filing fee for this hearing shall be $20, to be
 
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 1    paid at the time the request is made.  A  municipality  which
 2    files a certified report with the Secretary of State pursuant
 3    to  this  Section  shall  reimburse  the  Secretary  for  all
 4    reasonable costs incurred by the Secretary as a result of the
 5    filing  of the report, including but not limited to the costs
 6    of providing the notice required pursuant to  subsection  (b)
 7    and  the  costs  incurred  by  the  Secretary  in any hearing
 8    conducted  with  respect  to  the  report  pursuant  to  this
 9    subsection and any appeal from such a hearing.
10        (i)  The provisions of this Section shall  apply  on  and
11    after January 1, 1988.
12        (j)  For  purposes  of this Section, the term "compliance
13    violation" is defined as in Section 11-208.3.
14    (Source: P.A.  89-190,  eff.  1-1-96;  90-145,  eff.  1-1-98;
15    90-481, eff. 8-17-97.)

16        (625 ILCS 5/11-208) (from Ch. 95 1/2, par. 11-208)
17        Sec. 11-208.  Powers of local authorities.
18        (a)  The  provisions  of this Code shall not be deemed to
19    prevent  local  authorities  with  respect  to  streets   and
20    highways  under  their jurisdiction and within the reasonable
21    exercise of the police power from:
22             1.  Regulating the standing or parking of  vehicles,
23        except as limited by Section 11-1306 of this Act;
24             2.  Regulating  traffic  by means of police officers
25        or traffic control signals;
26             3.  Regulating   or   prohibiting   processions   or
27        assemblages on the highways;
28             4.  Designating  particular  highways   as   one-way
29        highways and requiring that all vehicles thereon be moved
30        in one specific direction;
31             5.  Regulating the speed of vehicles in public parks
32        subject to the limitations set forth in Section 11-604;
33             6.  Designating any highway as a through highway, as
 
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 1        authorized  in  Section  11-302,  and  requiring that all
 2        vehicles stop before entering or  crossing  the  same  or
 3        designating  any intersection as a stop intersection or a
 4        yield  right-of-way  intersection   and   requiring   all
 5        vehicles to stop or yield the right-of-way at one or more
 6        entrances to such intersections;
 7             7.  Restricting the use of highways as authorized in
 8        Chapter 15;
 9             8.  Regulating   the   operation   of  bicycles  and
10        requiring  the  registration  and  licensing   of   same,
11        including the requirement of a registration fee;
12             9.  Regulating   or   prohibiting   the  turning  of
13        vehicles or specified types of vehicles at intersections;
14             10.  Altering the  speed  limits  as  authorized  in
15        Section 11-604;
16             11.  Prohibiting U-turns;
17             12.  Prohibiting  pedestrian crossings at other than
18        designated and marked crosswalks or at intersections;
19             13.  Prohibiting   parking   during   snow   removal
20        operation;
21             14.  Imposing  fines  in  accordance  with   Section
22        11-1301.3  as  penalties  for  use  of  any parking place
23        reserved for persons with  disabilities,  as  defined  by
24        Section 1-159.1, or disabled veterans by any person using
25        a motor vehicle not bearing registration plates specified
26        in  Section  11-1301.1  or  a  special decal or device as
27        defined in Section 11-1301.2 as evidence that the vehicle
28        is operated by or  for  a  person  with  disabilities  or
29        disabled veteran;
30             15.  Adopting  such other traffic regulations as are
31        specifically authorized by this Code; or
32             16.  Enforcing the provisions of subsection  (f)  of
33        Section 3-413 of this Code or a similar local ordinance.
34        (b)  No ordinance or regulation enacted under subsections
 
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 1    1,  4,  5,  6,  7,  9, 10, 11 or 13 of paragraph (a) shall be
 2    effective until signs giving reasonable notice of such  local
 3    traffic regulations are posted.
 4        (c)  The  provisions  of  this Code shall not prevent any
 5    municipality  having  a  population  of   500,000   or   more
 6    inhabitants  from  prohibiting  any  person  from  driving or
 7    operating  any  motor  vehicle  upon  the  roadways  of  such
 8    municipality with headlamps on high beam or bright.
 9        (d)  The provisions of this Code shall not be  deemed  to
10    prevent  local  authorities within the reasonable exercise of
11    their police power from prohibiting, on private property, the
12    unauthorized use of parking spaces reserved for persons  with
13    disabilities.
14        (e)  No  unit  of local government, including a home rule
15    unit, may enact or enforce an ordinance that applies only  to
16    motorcycles if the principal purpose for that ordinance is to
17    restrict  the access of motorcycles to any highway or portion
18    of a highway for which federal or State funds have been  used
19    for  the  planning,  design,  construction, or maintenance of
20    that highway.  No unit of local government, including a  home
21    rule  unit, may enact an ordinance requiring motorcycle users
22    to wear protective headgear.  Nothing in this subsection  (e)
23    shall  affect  the authority of a unit of local government to
24    regulate motorcycles  for  traffic  control  purposes  or  in
25    accordance  with  Section  12-602  of  this Code.  No unit of
26    local government, including a home rule  unit,  may  regulate
27    motorcycles  in  a  manner inconsistent with this Code.  This
28    subsection (e)  is  a  limitation  under  subsection  (i)  of
29    Section  6 of Article VII of the Illinois Constitution on the
30    concurrent  exercise  by  home  rule  units  of  powers   and
31    functions exercised by the State.
32        (f)  A  municipality  or  county  may  enact an ordinance
33    providing for an automated traffic law enforcement system  to
34    enforce  violations  of  this Code or similar provisions of a
 
SB173 Engrossed             -8-      LRB093 07216 DRH 07372 b
 1    local ordinance.
 2    (Source: P.A. 90-106,  eff.  1-1-98;  90-513,  eff.  8-22-97;
 3    90-655, eff. 7-30-98; 91-519, eff. 1-1-00.)

 4        (625 ILCS 5/11-208.3) (from Ch. 95 1/2, par. 11-208.3)
 5        Sec. 11-208.3.  Administrative adjudication of violations
 6    of  traffic  regulations concerning the standing, parking, or
 7    condition of vehicles and automated traffic law violations.
 8        (a)  Any municipality may  provide  by  ordinance  for  a
 9    system  of  administrative adjudication of vehicular standing
10    and parking violations and vehicle compliance  violations  as
11    defined   in  this  subsection,  and  automated  traffic  law
12    violations as defined in Section 11-208.5. The administrative
13    system shall have as  its  purpose  the  fair  and  efficient
14    enforcement    of    municipal    regulations   through   the
15    administrative  adjudication   of   automated   traffic   law
16    violations  and violations of municipal ordinances regulating
17    the standing and parking of vehicles, the condition  and  use
18    of  vehicle equipment, and the display of municipal wheel tax
19    licenses   within   the    municipality's    borders.     The
20    administrative system shall only have authority to adjudicate
21    civil  offenses  carrying  fines  not  in excess of $250 that
22    occur after the effective date of the ordinance adopting such
23    a system under this Section. For purposes  of  this  Section,
24    "compliance  violation"  means  a  violation  of  a municipal
25    regulation governing the condition or use of equipment  on  a
26    vehicle  or  governing  the  display of a municipal wheel tax
27    license.
28        (b)  Any   ordinance    establishing    a    system    of
29    administrative  adjudication under this Section shall provide
30    for:
31             (1)  A traffic compliance  administrator  authorized
32        to adopt, distribute and process parking, and compliance,
33        and  automated  traffic  law  violation notices and other
 
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 1        notices required by this Section, collect money  paid  as
 2        fines   and   penalties  for  violation  of  parking  and
 3        compliance   ordinances   and   automated   traffic   law
 4        violations, and operate  an  administrative  adjudication
 5        system.   The  traffic  compliance administrator also may
 6        make a certified report to the Secretary of  State  under
 7        Section 6-306.5.
 8             (2)  A   parking,   standing,   or   compliance,  or
 9        automated traffic law violation notice that shall specify
10        the date, time, and place  of  violation  of  a  parking,
11        standing,   or   compliance,  or  automated  traffic  law
12        regulation; the particular regulation violated; the  fine
13        and  any  penalty  that may be assessed for late payment,
14        when so provided by ordinance; the vehicle make and state
15        registration number; and the identification number of the
16        person issuing the notice. With regard to  municipalities
17        with  a  population  of  1  million  or more, it shall be
18        grounds for dismissal of a parking violation if the State
19        registration  number  or  vehicle   make   specified   is
20        incorrect.  The  violation  notice  shall  state that the
21        payment of the indicated  fine,  and  of  any  applicable
22        penalty  for  late  payment,  shall  operate  as  a final
23        disposition of the  violation.   The  notice  also  shall
24        contain  information  as to the availability of a hearing
25        in which the violation may be contested  on  its  merits.
26        The violation notice shall specify the time and manner in
27        which a hearing may be had.
28             (3)  Service of the parking, standing, or compliance
29        violation  notice by affixing the original or a facsimile
30        of the notice to  an  unlawfully  parked  vehicle  or  by
31        handing  the notice to the operator of a vehicle if he or
32        she is present and service of an  automated  traffic  law
33        violation notice by mail to the address of the registered
34        owner of the cited vehicle as recorded with the Secretary
 
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 1        of  State  within  30  days after the violation. A person
 2        authorized by  ordinance  to  issue  and  serve  parking,
 3        standing,   and  compliance,  or  automated  traffic  law
 4        violation notices shall certify as to the correctness  of
 5        the  facts entered on the violation notice by signing his
 6        or her name to the notice at the time of  service  or  in
 7        the  case  of a notice produced by a computerized device,
 8        by signing a single certificate to be kept by the traffic
 9        compliance administrator attesting to the correctness  of
10        all notices produced by the device while it was under his
11        or  her  control. In the case of an automated traffic law
12        violation, the ordinance shall require a signed statement
13        by a technician employed by the  municipality  or  county
14        that,  based  on inspection of recorded images, the motor
15        vehicle  was  being  operated  in  violation  of  Section
16        11-208.5. In the case of a red light  violation,  if  the
17        technician   determines  that  the  vehicle  entered  the
18        intersection as part of a funeral procession or in  order
19        to  yield  the  right-of-way  to  an emergency vehicle, a
20        citation may not be issued. The original or  a  facsimile
21        of  the  violation  notice  or,  in  the case of a notice
22        produced by  a  computerized  device,  a  printed  record
23        generated  by the device showing the facts entered on the
24        notice, shall  be  retained  by  the  traffic  compliance
25        administrator, and shall be a record kept in the ordinary
26        course  of business.  A parking, standing, or compliance,
27        or automated traffic law violation notice issued,  signed
28        and served in accordance with this Section, a copy of the
29        notice,  or  the computer generated record shall be prima
30        facie correct and shall be prima facie  evidence  of  the
31        correctness  of  the  facts  shown  on  the  notice.  The
32        notice, copy,  or  computer  generated  record  shall  be
33        admissible  in  any  subsequent  administrative  or legal
34        proceedings.
 
SB173 Engrossed             -11-     LRB093 07216 DRH 07372 b
 1             (4)  An opportunity for a hearing for the registered
 2        owner of the vehicle cited in the parking,  standing,  or
 3        compliance,  or automated traffic law violation notice in
 4        which the owner may contest the  merits  of  the  alleged
 5        violation,  and during which formal or technical rules of
 6        evidence shall not apply; provided, however,  that  under
 7        Section  11-1306  of  this  Code  the lessee of a vehicle
 8        cited in the violation notice likewise shall be  provided
 9        an  opportunity  for  a hearing of the same kind afforded
10        the registered owner.  The hearings  shall  be  recorded,
11        and  the  person  conducting the hearing on behalf of the
12        traffic compliance administrator shall  be  empowered  to
13        administer  oaths  and  to  secure  by  subpoena both the
14        attendance and testimony of witnesses and the  production
15        of  relevant  books  and  papers.  Persons appearing at a
16        hearing under this Section may be represented by  counsel
17        at  their  expense.  The  ordinance  may also provide for
18        internal administrative review following the decision  of
19        the hearing officer.
20             (5)  Service  of  additional  notices, sent by first
21        class United States mail, postage prepaid, to the address
22        of the registered owner of the cited vehicle as  recorded
23        with  the Secretary of State or, under Section 11-1306 of
24        this Code, to the lessee of the cited vehicle at the last
25        address known to the lessor of the cited vehicle  at  the
26        time  of  lease.  The service shall be deemed complete as
27        of the date of deposit in the  United  States  mail.  The
28        notices  shall  be  in  the  following sequence and shall
29        include but not be limited to the  information  specified
30        herein:
31                  (i)  A second notice of violation.  This notice
32             shall specify the date and location of the violation
33             cited  in  the  parking, standing, or compliance, or
34             automated  traffic   law   violation   notice,   the
 
SB173 Engrossed             -12-     LRB093 07216 DRH 07372 b
 1             particular regulation violated, the vehicle make and
 2             state  registration number, the fine and any penalty
 3             that may  be  assessed  for  late  payment  when  so
 4             provided by ordinance, the availability of a hearing
 5             in  which  the  violation  may  be  contested on its
 6             merits, and the time and manner in which the hearing
 7             may be had.  The  notice  of  violation  shall  also
 8             state  that failure either to pay the indicated fine
 9             and any  applicable  penalty,  or  to  appear  at  a
10             hearing  on  the  merits  in  the  time  and  manner
11             specified,  will  result in a final determination of
12             violation liability for the cited violation  in  the
13             amount  of  the fine or penalty indicated, and that,
14             upon the occurrence  of  a  final  determination  of
15             violation   liability   for  the  failure,  and  the
16             exhaustion of,  or  failure  to  exhaust,  available
17             administrative  or  judicial  procedures for review,
18             any unpaid fine or penalty will  constitute  a  debt
19             due and owing the municipality.
20                  (ii)  A   notice   of  final  determination  of
21             parking,  standing,  or  compliance,  or   automated
22             traffic  law  violation liability. This notice shall
23             be sent following a final determination of  parking,
24             standing,  or  compliance,  or automated traffic law
25             violation liability and the conclusion  of  judicial
26             review  procedures  taken  under  this Section.  The
27             notice shall state that the unpaid fine  or  penalty
28             is  a  debt  due  and  owing  the municipality.  The
29             notice shall contain warnings that  failure  to  pay
30             any  fine  or penalty due and owing the municipality
31             within  the  time  specified  may  result   in   the
32             municipality's  filing  of a petition in the Circuit
33             Court to have the unpaid fine or penalty rendered  a
34             judgment  as provided by this Section, or may result
 
SB173 Engrossed             -13-     LRB093 07216 DRH 07372 b
 1             in suspension of the person's  drivers  license  for
 2             failure  to  pay  fines  or penalties for 10 or more
 3             parking violations under Section 6-306.5 or  5  more
 4             automated   traffic  law  violations  under  Section
 5             11-208.5.
 6             (6)  A   Notice   of   impending   drivers   license
 7        suspension.  This notice shall  be  sent  to  the  person
 8        liable for any fine or penalty that remains due and owing
 9        on  10  or  more  parking  violations or 5 or more unpaid
10        automated traffic law violations.  The notice shall state
11        that failure to pay the fine or penalty owing  within  45
12        days of the notice's date will result in the municipality
13        notifying  the  Secretary  of  State  that  the person is
14        eligible for initiation of suspension  proceedings  under
15        Section 6-306.5 of this Code. The notice shall also state
16        that  the  person  may  obtain  a  photostatic copy of an
17        original ticket imposing a fine or penalty by  sending  a
18        self  addressed,  stamped  envelope  to  the municipality
19        along with a request  for  the  photostatic  copy.    The
20        notice  of  impending drivers license suspension shall be
21        sent by first class United States mail, postage  prepaid,
22        to the address recorded with the Secretary of State.
23             (7)  Final determinations of violation liability.  A
24        final  determination  of  violation liability shall occur
25        following failure to pay the  fine  or  penalty  after  a
26        hearing  officer's  determination  of violation liability
27        and  the  exhaustion  of  or  failure  to   exhaust   any
28        administrative  review  procedures provided by ordinance.
29        Where a person fails to appear at a  hearing  to  contest
30        the alleged violation in the time and manner specified in
31        a    prior   mailed   notice,   the   hearing   officer's
32        determination of violation liability shall become  final:
33        (A)  upon  denial  of a timely petition to set aside that
34        determination, or (B) upon expiration of the  period  for
 
SB173 Engrossed             -14-     LRB093 07216 DRH 07372 b
 1        filing the petition without a filing having been made.
 2             (8)  A  petition  to  set  aside  a determination of
 3        parking, standing, or compliance,  or  automated  traffic
 4        law  violation  liability  that  may be filed by a person
 5        owing an unpaid fine or penalty. The  petition  shall  be
 6        filed  with  and  ruled  upon  by  the traffic compliance
 7        administrator in the manner and within the time specified
 8        by ordinance. The grounds for the petition may be limited
 9        to:  (A) the person not having been the owner  or  lessee
10        of the cited vehicle on the date the violation notice was
11        issued,  (B)  the  person having already paid the fine or
12        penalty for the violation in question, and (C)  excusable
13        failure to appear at or request a new date for a hearing.
14        With  regard  to  municipalities  with  a population of 1
15        million or more, it shall be grounds for dismissal  of  a
16        parking  violation  if  the  State registration number or
17        vehicle  make   specified   is   incorrect.   After   the
18        determination  of  parking,  standing,  or compliance, or
19        automated traffic law violation liability  has  been  set
20        aside  upon a showing of just cause, the registered owner
21        shall be provided with a hearing on the merits  for  that
22        violation.
23             (9)  Procedures  for  non-residents.  Procedures  by
24        which  persons  who are not residents of the municipality
25        may contest the merits of the alleged  violation  without
26        attending a hearing.
27             (10)  A  schedule  of  civil fines for violations of
28        vehicular  standing,   parking,   and   compliance,   and
29        automated  traffic  law  regulations enacted by ordinance
30        pursuant to this Section, and a schedule of penalties for
31        late payment of the fines, provided,  however,  that  the
32        total  amount  of  the  fine  and  penalty  for  any  one
33        violation shall not exceed $250.
34             (11)  Other  provisions  as are necessary and proper
 
SB173 Engrossed             -15-     LRB093 07216 DRH 07372 b
 1        to carry into effect  the  powers  granted  and  purposes
 2        stated in this Section.
 3        (c)  Any  municipality  establishing  vehicular standing,
 4    parking,  and   compliance,   and   automated   traffic   law
 5    regulations  under this Section may also provide by ordinance
 6    for a program of vehicle immobilization for  the  purpose  of
 7    facilitating  enforcement  of those regulations.  The program
 8    of vehicle immobilization shall provide for immobilizing  any
 9    eligible  vehicle  upon  the  public  way  by  presence  of a
10    restraint in a manner to prevent operation  of  the  vehicle.
11    Any    ordinance    establishing   a   program   of   vehicle
12    immobilization under this Section shall provide:
13             (1)  Criteria  for  the  designation   of   vehicles
14        eligible for immobilization.  A vehicle shall be eligible
15        for  immobilization  when  the  registered  owner  of the
16        vehicle  has  accumulated  the  number  of  unpaid  final
17        determinations of parking, standing,  or  compliance,  or
18        automated  traffic  law violation liability as determined
19        by ordinance.
20             (2)  A notice of  impending  vehicle  immobilization
21        and a right to a hearing to challenge the validity of the
22        notice  by  disproving  liability  for  the  unpaid final
23        determinations of parking, standing,  or  compliance,  or
24        automated  traffic  law violation liability listed on the
25        notice.
26             (3)  The right to a prompt hearing after  a  vehicle
27        has   been  immobilized  or  subsequently  towed  without
28        payment  of  the  outstanding  fines  and  penalties   on
29        parking,  standing,  or  compliance, or automated traffic
30        law violations for which final determinations  have  been
31        issued.   An  order  issued  after the hearing is a final
32        administrative decision within  the  meaning  of  Section
33        3-101 of the Code of Civil Procedure.
34             (4)  A  post  immobilization  and post-towing notice
 
SB173 Engrossed             -16-     LRB093 07216 DRH 07372 b
 1        advising the registered owner of the vehicle of the right
 2        to  a  hearing  to  challenge   the   validity   of   the
 3        impoundment.
 4        (d)  Judicial  review of final determinations of parking,
 5    standing,  and  compliance,   and   automated   traffic   law
 6    violations  and  final  administrative decisions issued after
 7    hearings regarding  vehicle  immobilization  and  impoundment
 8    made under this Section shall be subject to the provisions of
 9    the Administrative Review Law.
10        (e)  Any  fine,  penalty,  or  part  of  any  fine or any
11    penalty remaining unpaid after  the  exhaustion  of,  or  the
12    failure  to  exhaust,   administrative remedies created under
13    this Section  and  the  conclusion  of  any  judicial  review
14    procedures  shall  be  a  debt due and owing the municipality
15    and, as such, may be collected in accordance with  applicable
16    law.  Payment in full of any fine or penalty resulting from a
17    standing,  parking,  or  compliance, or automated traffic law
18    violation  shall  constitute  a  final  disposition  of  that
19    violation.
20        (f)  After the expiration  of  the  period  within  which
21    judicial  review  may  be sought for a final determination of
22    parking, standing, or compliance, or  automated  traffic  law
23    violation,  the municipality may commence a proceeding in the
24    Circuit Court for purposes of obtaining  a  judgment  on  the
25    final  determination  of  violation.  Nothing in this Section
26    shall prevent  a  municipality  from  consolidating  multiple
27    final  determinations of parking, standing, or compliance, or
28    automated traffic law violations violation against  a  person
29    in  a  proceeding.  Upon  commencement  of  the  action,  the
30    municipality  shall  file  a  certified  copy  of  the  final
31    determination   of   parking,  standing,  or  compliance,  or
32    automated traffic law violation, which shall  be  accompanied
33    by a certification that recites facts sufficient to show that
34    the final determination of violation was issued in accordance
 
SB173 Engrossed             -17-     LRB093 07216 DRH 07372 b
 1    with  this  Section  and  the applicable municipal ordinance.
 2    Service of the summons and a copy of the petition may  be  by
 3    any  method  provided  by  Section 2-203 of the Code of Civil
 4    Procedure or by certified  mail,  return  receipt  requested,
 5    provided  that  the  total  amount of fines and penalties for
 6    final determinations of parking, standing, or compliance,  or
 7    automated  traffic  law violations does not exceed $2500.  If
 8    the court  is  satisfied  that  the  final  determination  of
 9    parking,  standing,  or  compliance, or automated traffic law
10    violation was entered in accordance with the requirements  of
11    this Section and the applicable municipal ordinance, and that
12    the  registered  owner or the lessee, as the case may be, had
13    an opportunity for an administrative hearing and for judicial
14    review as provided in this Section, the  court  shall  render
15    judgment  in  favor  of  the  municipality  and  against  the
16    registered  owner  or  the lessee for the amount indicated in
17    the final determination of parking, standing, or  compliance,
18    or  automated traffic law violation, plus costs. The judgment
19    shall have the same effect and may be enforced  in  the  same
20    manner as other judgments for the recovery of money.
21    (Source: P.A. 92-695, eff. 1-1-03.)

22        (625 ILCS 5/11-208.5 new)
23        Sec. 11-208.5.  Automated traffic law enforcement system.
24        (a)  As  used  in  this  Section,  "automated traffic law
25    enforcement system" means a device with  one  or  more  motor
26    vehicle sensors working in conjunction with:
27             (1)  a  red  light signal to produce recorded images
28        of motor vehicles entering an intersection against a  red
29        signal  indication in violation of Section 11-306 of this
30        Code or a similar provision of a local ordinance;
31             (2)  a speed measuring device  to  produce  recorded
32        images  of  motor vehicles traveling at a prohibited rate
33        of speed; or
 
SB173 Engrossed             -18-     LRB093 07216 DRH 07372 b
 1             (3)  any other traffic control  device  designed  to
 2        enhance highway safety.
 3        An  automated  traffic law enforcement system is a system
 4    in a  municipality  or  county  operated  by  a  governmental
 5    agency,  in  cooperation  with a law enforcement agency, that
 6    produces a recorded image of a motor vehicle's violation of a
 7    provision of this Code or a local ordinance and  is  designed
 8    to  obtain  a  clear  recorded  image  of the vehicle and the
 9    vehicle's license plate. The recorded image must also display
10    the time, date, and location of the violation.
11        (b)  As used in this  Section,  "recorded  images"  means
12    images  recorded  by  an  automated  traffic  law enforcement
13    system on:
14             (1)  2 or more photographs;
15             (2)  2 or more microphotographs;
16             (3)  2 or more electronic images; or
17             (4)  a videotape showing the motor vehicle  and,  on
18        at   least   one   image  or  portion  of  tape,  clearly
19        identifying the registration plate number  of  the  motor
20        vehicle.
21        (c)  For  each violation of a provision of this Code or a
22    local  ordinance  recorded  by  an  automatic   traffic   law
23    enforcement  system,  the local law enforcement agency having
24    jurisdiction shall issue a written citation and a  notice  of
25    the  violation  to the registered owner of the vehicle as the
26    alleged violator. The citation and notice shall be  delivered
27    to  the  registered  owner of the vehicle, by mail, within 30
28    days of the violation.
29        The citation shall include:
30             (1)  the name and address of the registered owner of
31        the vehicle;
32             (2)  the registration number of  the  motor  vehicle
33        involved in the violation;
34             (3)  the violation charged;
 
SB173 Engrossed             -19-     LRB093 07216 DRH 07372 b
 1             (4)  the location where the violation occurred;
 2             (5)  the date and time of the violation;
 3             (6)  a copy of the recorded images;
 4             (7)  the amount of the civil penalty imposed and the
 5        date by which the civil penalty should be paid;
 6             (8)  a  signed statement by a technician employed by
 7        the agency that, based on inspection of recorded  images,
 8        the  motor  vehicle  was being operated in violation of a
 9        automated traffic law enforcement system;
10             (9)  a statement that recorded images  are  evidence
11        of a violation of a traffic control device or posted rate
12        of speed; and
13             (10)  warning  that failure to pay the civil penalty
14        or  to  contest  liability  in  a  timely  manner  is  an
15        admission of liability and may result in a suspension  of
16        the  driving  privileges  of  the registered owner of the
17        vehicle.
18        (d)  The citation issued to the registered owner  of  the
19    vehicle  shall  be  accompanied  by  a  written  notice,  the
20    contents  of  which  is  set  forth in subsection (e) of this
21    Section, explaining how the registered owner of  the  vehicle
22    can  elect  to  proceed by either paying the civil penalty or
23    challenging the issuance of the citation.
24        (e)  The written notice explaining the alleged violator's
25    rights and obligations must include the following text:
26        "You have been served with the accompanying citation  and
27        cited  with  having  violated  Section  11-208.5  of  the
28        Illinois Vehicle Code. You can elect to proceed by:
29             1.  paying the fine; or
30             2.  challenging  the  issuance  of  the  Citation in
31        court."
32        (f)  If a person charged with a traffic violation,  as  a
33    result  of  an automated traffic law enforcement system, does
34    not pay or successfully contest the civil  penalty  resulting
 
SB173 Engrossed             -20-     LRB093 07216 DRH 07372 b
 1    from that violation, the Secretary of State shall suspend the
 2    driving  privileges  of  the  registered owner of the vehicle
 3    under Section 6-306.5 of this Code for  failing  to  pay  any
 4    fine  or penalty due and owing as a result of 5 violations of
 5    the automated traffic law enforcement system.
 6        (g)  Based on inspection of recorded images  produced  by
 7    an  automated traffic law enforcement system, a citation or a
 8    copy of a citation alleging that the violation  occurred  and
 9    signed  by  a  duly  authorized  agent of the agency shall be
10    evidence of the facts contained in the citation or  copy  and
11    admissible  in any proceeding alleging a violation under this
12    Section.
13        (h)  Recorded images made by  an  automatic  traffic  law
14    enforcement   system  are  confidential  and  shall  be  made
15    available only to the alleged violator and  governmental  and
16    law  enforcement  agencies  for  purposes  of  adjudicating a
17    violation of this Section. Any recorded  image  evidencing  a
18    violation  of  this  Section,  however,  is admissible in any
19    proceeding resulting from the issuance of the  citation  when
20    there  is  reasonable and sufficient proof of the accuracy of
21    the camera or  electronic  instrument  recording  the  image.
22    There  is a rebuttable presumption that the recorded image is
23    accurate if the camera or electronic recording instrument was
24    in good working order at the beginning and the end of the day
25    of the alleged offense.
26        (i)  The court may consider in defense of a violation:
27             (1)  that the motor vehicle or  registration  plates
28        of  the  motor  vehicle  were stolen before the violation
29        occurred  and  not  under  the  control  of  or  in   the
30        possession of the owner at the time of the violation;
31             (2)  with  respect to an alleged automated red light
32        violation, that the driver of the vehicle passed  through
33        the  intersection  when  the  light was red either (i) in
34        order to yield the right-of-way to an  emergency  vehicle
 
SB173 Engrossed             -21-     LRB093 07216 DRH 07372 b
 1        or (ii) as part of a funeral procession; and
 2             (3)  any  other  evidence  or  issues that the Court
 3        deems pertinent.
 4        (j)  To  demonstrate  that  the  motor  vehicle  or   the
 5    registration plates were stolen before the violation occurred
 6    and  were not under the control or possession of the owner at
 7    the time of the violation, the owner must submit proof that a
 8    police  report  concerning  the  stolen  motor   vehicle   or
 9    registration plates was filed in a timely manner.
10        (k)  Unless  the  driver  of the motor vehicle received a
11    Uniform Traffic Citation from a police officer at the time of
12    the violation, the motor vehicle owner is subject to a  civil
13    penalty  not  exceeding $500 if the motor vehicle is recorded
14    by an automated traffic law enforcement system.  A  violation
15    for  which  a  civil penalty is imposed under this Section is
16    not  a  violation  of  a  traffic  regulation  governing  the
17    movement of vehicles and may not be recorded on  the  driving
18    record of the owner of the vehicle.
19        (l)  A roadway or intersection equipped with an automated
20    traffic  law  enforcement  system  must be posted with a sign
21    visible to approaching traffic indicating that the roadway or
22    intersection is being monitored by an automated  traffic  law
23    enforcement system.
24        (m)  The  compensation  paid for an automated traffic law
25    enforcement  system  must  be  based  on  the  value  of  the
26    equipment or the services provided and may not  be  based  on
27    the  number  of  traffic  citations  issued  or  the  revenue
28    generated by the system.

29        (625 ILCS 5/11-306) (from Ch. 95 1/2, par. 11-306)
30        Sec.  11-306.   Traffic-control  signal  legend. Whenever
31    traffic is controlled by traffic-control  signals  exhibiting
32    different   colored   lights   or   color   lighted   arrows,
33    successively one at a time or in combination, only the colors
 
SB173 Engrossed             -22-     LRB093 07216 DRH 07372 b
 1    green,  red  and  yellow  shall  be  used, except for special
 2    pedestrian signals carrying a word  legend,  and  the  lights
 3    shall   indicate   and  apply  to  drivers  of  vehicles  and
 4    pedestrians as follows:
 5        (a)  Green indication.
 6             1.  Vehicular traffic facing a circular green signal
 7        may proceed straight through or turn right or left unless
 8        a  sign  at  such  place  prohibits  either  such   turn.
 9        Vehicular  traffic,  including  vehicles turning right or
10        left, shall yield the right of way to other vehicles  and
11        to  pedestrians  lawfully  within  the intersection or an
12        adjacent crosswalk at the time such signal is exhibited.
13             2.  Vehicular traffic facing a green  arrow  signal,
14        shown  alone  or  in combination with another indication,
15        may cautiously enter the intersection only  to  make  the
16        movement  indicated by such arrow, or such other movement
17        as is permitted by other indications shown  at  the  same
18        time.   Such  vehicular  traffic shall yield the right of
19        way to pedestrians lawfully within an adjacent  crosswalk
20        and to other traffic lawfully using the intersection.
21             3.  Unless      otherwise      directed     by     a
22        pedestrian-control signal, as provided in Section 11-307,
23        pedestrians facing any green signal, except when the sole
24        green signal is a turn  arrow,  may  proceed  across  the
25        roadway within any marked or unmarked crosswalk.
26        (b)  Steady yellow indication.
27             1.  Vehicular   traffic  facing  a  steady  circular
28        yellow or yellow arrow signal is thereby warned that  the
29        related  green movement is being terminated or that a red
30        indication will be exhibited immediately thereafter.
31             2.  Pedestrians facing a steady circular  yellow  or
32        yellow  arrow  signal,  unless  otherwise  directed  by a
33        pedestrian-control signal as provided in Section  11-307,
34        are  thereby  advised  that there is insufficient time to
 
SB173 Engrossed             -23-     LRB093 07216 DRH 07372 b
 1        cross the roadway before a red indication is shown and no
 2        pedestrian shall then start to cross the roadway.
 3        (c)  Steady red indication.
 4             1.  Except  as  provided  in  paragraph  3  of  this
 5        subsection  (c),  vehicular  traffic  facing   a   steady
 6        circular  red signal alone shall stop at a clearly marked
 7        stop line, but if there is  no  such  stop  line,  before
 8        entering   the   crosswalk   on  the  near  side  of  the
 9        intersection, or if there  is  no  such  crosswalk,  then
10        before   entering  the  intersection,  and  shall  remain
11        standing until an indication to proceed is shown.
12             2.  Except  as  provided  in  paragraph  3  of  this
13        subsection (c), vehicular traffic  facing  a  steady  red
14        arrow signal shall not enter the intersection to make the
15        movement  indicated by the arrow and, unless entering the
16        intersection to make  a  movement  permitted  by  another
17        signal,  shall stop at a clearly marked stop line, but if
18        there is no such stop line, before entering the crosswalk
19        on the near side of the intersection, or if there  is  no
20        such  crosswalk,  then  before entering the intersection,
21        and shall remain standing until an indication  permitting
22        the movement indicated by such red arrow is shown.
23             3.  Except  when  a  sign  is in place prohibiting a
24        turn  and  local  authorities  by  ordinance   or   State
25        authorities by rule or regulation prohibit any such turn,
26        vehicular  traffic  facing  any  steady  red  signal  may
27        cautiously  enter  the  intersection to turn right, or to
28        turn left from a one-way street into  a  one-way  street,
29        after  stopping as required by paragraph 1 or paragraph 2
30        of this subsection.  After  stopping,  the  driver  shall
31        yield the right of way to any vehicle in the intersection
32        or  approaching  on  another  roadway  so  closely  as to
33        constitute an  immediate  hazard  during  the  time  such
34        driver  is  moving  across  or within the intersection or
 
SB173 Engrossed             -24-     LRB093 07216 DRH 07372 b
 1        junction or roadways.  Such driver shall yield the  right
 2        of  way  to  pedestrians  within  the  intersection or an
 3        adjacent crosswalk.
 4             4.  Unless     otherwise     directed      by      a
 5        pedestrian-control  signal as provided in Section 11-307,
 6        pedestrians facing a steady circular  red  or  red  arrow
 7        signal alone shall not enter the roadway.
 8             5.  A municipality with a population of 1,000,000 or
 9        more  may enact an ordinance that provides for the use of
10        an  automated  red  light  enforcement  system to enforce
11        violations of this  subsection  (c)  that  result  in  or
12        involve  a motor vehicle accident, leaving the scene of a
13        motor vehicle accident, or reckless driving that  results
14        in bodily injury.
15             This   paragraph   5  is  subject  to  prosecutorial
16        discretion that is consistent with applicable law.
17        (d)  In the event an official traffic control  signal  is
18    erected and maintained at a place other than an intersection,
19    the  provisions of this Section shall be applicable except as
20    to provisions which by their nature can have no  application.
21    Any  stop required shall be at a traffic sign or a marking on
22    the pavement indicating where the stop shall be made  or,  in
23    the  absence  of such sign or marking, the stop shall be made
24    at the signal.
25        (e)  The motorman of any streetcar shall obey  the  above
26    signals as applicable to vehicles.
27    (Source: P.A. 90-86, eff. 7-10-97; 91-357, eff. 7-29-99.)

28        (625 ILCS 5/1-105.5 rep.)
29        Section  10.  The  Illinois  Vehicle  Code  is amended by
30    repealing Section 1-105.5.

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