093_SB0173sam002

 










                                     LRB093 07216 DRH 14013 a

 1                    AMENDMENT TO SENATE BILL 173

 2        AMENDMENT NO.     .  Amend Senate Bill 173  by  replacing
 3    everything after the enacting clause with the following:

 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
 
                            -2-      LRB093 07216 DRH 14013 a
 1    privileges of an owner of a registered vehicle  upon  receipt
 2    of  a  certified  report,  as prescribed by subsection (f) of
 3    this Section, from any municipality stating that such  person
 4    has failed to satisfy any fines or penalties imposed by final
 5    judgments  for  5 or more automated traffic law violations or
 6    10  or  more  violations  of  local  standing,  parking,   or
 7    compliance  regulations  after  exhaustion of judicial review
 8    procedures.
 9        (b)  Following receipt of the  certified  report  of  the
10    municipality  as  specified in this Section, the Secretary of
11    State shall notify the  person  whose  name  appears  on  the
12    certified  report  that  the person's drivers license will be
13    suspended at the end of a specified period of time unless the
14    Secretary of State  is  presented  with  a  notice  from  the
15    municipality  certifying  that  the  fine  or penalty due and
16    owing the municipality has been paid  or  that  inclusion  of
17    that person's name on the certified report was in error.  The
18    Secretary's  notice  shall state in substance the information
19    contained in  the  municipality's  certified  report  to  the
20    Secretary,  and shall be effective as specified by subsection
21    (c) of Section 6-211 of this Code.
22        (c)  The report of  the  appropriate  municipal  official
23    notifying the Secretary of State of unpaid fines or penalties
24    pursuant to this Section shall be certified and shall contain
25    the following:
26             (1)  The   name,  last  known  address  and  drivers
27        license number of the person who failed to pay  the  fine
28        or  penalty  and  the  registration number of any vehicle
29        known to be registered to such person in this State.
30             (2)  The name of the municipality making the  report
31        pursuant to this Section.
32             (3)  A statement that the municipality sent a notice
33        of  impending drivers license suspension as prescribed by
34        ordinance enacted pursuant to Section  11-208.3,  to  the
 
                            -3-      LRB093 07216 DRH 14013 a
 1        person  named  in the report at the address recorded with
 2        the Secretary of State; the date on which such notice was
 3        sent; and the address to which such notice was sent. In a
 4        municipality with a population of 1,000,000 or more,  the
 5        report  shall  also  include a statement that the alleged
 6        violator's State vehicle registration number and  vehicle
 7        make are correct as they appear on the citations.
 8        (d)  Any  municipality  making  a certified report to the
 9    Secretary of State pursuant to this Section shall notify  the
10    Secretary  of  State,  in a form prescribed by the Secretary,
11    whenever a person named in the certified report has paid  the
12    previously   reported   fine   or  penalty  or  whenever  the
13    municipality determines  that  the  original  report  was  in
14    error.   A  certified copy of such notification shall also be
15    given upon request and at no additional charge to the  person
16    named   therein.    Upon   receipt   of   the  municipality's
17    notification or presentation of  a  certified  copy  of  such
18    notification,  the  Secretary  of  State  shall terminate the
19    suspension.
20        (e)  Any municipality making a certified  report  to  the
21    Secretary  of  State  pursuant  to this Section shall also by
22    ordinance establish procedures for persons to  challenge  the
23    accuracy  of  the certified report.  The ordinance shall also
24    state the grounds for such a challenge, which may be  limited
25    to  (1) the person not having been the owner or lessee of the
26    vehicle or vehicles receiving 10 or more  standing,  parking,
27    or  compliance  violation  notices  or  5  or  more automated
28    traffic law violation notices  on  the  date  or  dates  such
29    notices  were  issued; and (2) the person having already paid
30    the fine or penalty for the 10 or more standing, parking,  or
31    compliance  violations  or  5  or  more automated traffic law
32    violations indicated on the certified report.
33        (f)  Any  municipality,   other   than   a   municipality
34    establishing  vehicular  standing,  parking,  and  compliance
 
                            -4-      LRB093 07216 DRH 14013 a
 1    regulations pursuant to Section 11-208.3 or automated traffic
 2    law  regulations  under  Section  11-208.5,  may also cause a
 3    suspension of a person's drivers  license  pursuant  to  this
 4    Section. Such municipality may invoke this sanction by making
 5    a  certified report to the Secretary of State upon a person's
 6    failure to satisfy any  fine  or  penalty  imposed  by  final
 7    judgment  for  10  or  more  violations  of  local  standing,
 8    parking,  or  compliance  regulations  or 5 or more automated
 9    traffic law violations after exhaustion  of  judicial  review
10    procedures, but only if:
11             (1)  the  municipality  complies with the provisions
12        of this Section in  all  respects  except  in  regard  to
13        enacting an ordinance pursuant to Section 11-208.3;
14             (2)  the municipality has sent a notice of impending
15        drivers  license suspension as prescribed by an ordinance
16        enacted pursuant to subsection (g) of this Section; and
17             (3)  in  municipalities   with   a   population   of
18        1,000,000 or more, the municipality has verified that the
19        alleged  violator's State vehicle registration number and
20        vehicle make are correct as they appear on the citations.
21        (g)  Any  municipality,   other   than   a   municipality
22    establishing  standing,  parking,  and compliance regulations
23    pursuant  to  Section  11-208.3  or  automated  traffic   law
24    regulations  under Section 11-208.5, may provide by ordinance
25    for the sending of a  notice  of  impending  drivers  license
26    suspension  to  the person who has failed to satisfy any fine
27    or  penalty  imposed  by  final  judgment  for  10  or   more
28    violations   of   local   standing,  parking,  or  compliance
29    regulations or 5 or more  automated  traffic  law  violations
30    after exhaustion of judicial review procedures.  An ordinance
31    so providing shall specify that the notice sent to the person
32    liable  for  any  fine or penalty shall state that failure to
33    pay the fine or penalty owing within 45 days of the  notice's
34    date  will result in the municipality notifying the Secretary
 
                            -5-      LRB093 07216 DRH 14013 a
 1    of State that the person's drivers license  is  eligible  for
 2    suspension  pursuant to this Section. The notice of impending
 3    drivers license suspension  shall  be  sent  by  first  class
 4    United  States mail, postage prepaid, to the address recorded
 5    with the Secretary of State.
 6        (h)  An administrative hearing to  contest  an  impending
 7    suspension  or a suspension made pursuant to this Section may
 8    be had upon filing a written request with  the  Secretary  of
 9    State.   The  filing fee for this hearing shall be $20, to be
10    paid at the time the request is made.  A  municipality  which
11    files a certified report with the Secretary of State pursuant
12    to  this  Section  shall  reimburse  the  Secretary  for  all
13    reasonable costs incurred by the Secretary as a result of the
14    filing  of the report, including but not limited to the costs
15    of providing the notice required pursuant to  subsection  (b)
16    and  the  costs  incurred  by  the  Secretary  in any hearing
17    conducted  with  respect  to  the  report  pursuant  to  this
18    subsection and any appeal from such a hearing.
19        (i)  The provisions of this Section shall  apply  on  and
20    after January 1, 1988.
21        (j)  For  purposes  of this Section, the term "compliance
22    violation" is defined as in Section 11-208.3.
23    (Source: P.A.  89-190,  eff.  1-1-96;  90-145,  eff.  1-1-98;
24    90-481, eff. 8-17-97.)

25        (625 ILCS 5/11-208) (from Ch. 95 1/2, par. 11-208)
26        Sec. 11-208.  Powers of local authorities.
27        (a)  The  provisions  of this Code shall not be deemed to
28    prevent  local  authorities  with  respect  to  streets   and
29    highways  under  their jurisdiction and within the reasonable
30    exercise of the police power from:
31             1.  Regulating the standing or parking of  vehicles,
32        except as limited by Section 11-1306 of this Act;
33             2.  Regulating  traffic  by means of police officers
 
                            -6-      LRB093 07216 DRH 14013 a
 1        or traffic control signals;
 2             3.  Regulating   or   prohibiting   processions   or
 3        assemblages on the highways;
 4             4.  Designating  particular  highways   as   one-way
 5        highways and requiring that all vehicles thereon be moved
 6        in one specific direction;
 7             5.  Regulating the speed of vehicles in public parks
 8        subject to the limitations set forth in Section 11-604;
 9             6.  Designating any highway as a through highway, as
10        authorized  in  Section  11-302,  and  requiring that all
11        vehicles stop before entering or  crossing  the  same  or
12        designating  any intersection as a stop intersection or a
13        yield  right-of-way  intersection   and   requiring   all
14        vehicles to stop or yield the right-of-way at one or more
15        entrances to such intersections;
16             7.  Restricting the use of highways as authorized in
17        Chapter 15;
18             8.  Regulating   the   operation   of  bicycles  and
19        requiring  the  registration  and  licensing   of   same,
20        including the requirement of a registration fee;
21             9.  Regulating   or   prohibiting   the  turning  of
22        vehicles or specified types of vehicles at intersections;
23             10.  Altering the  speed  limits  as  authorized  in
24        Section 11-604;
25             11.  Prohibiting U-turns;
26             12.  Prohibiting  pedestrian crossings at other than
27        designated and marked crosswalks or at intersections;
28             13.  Prohibiting   parking   during   snow   removal
29        operation;
30             14.  Imposing  fines  in  accordance  with   Section
31        11-1301.3  as  penalties  for  use  of  any parking place
32        reserved for persons with  disabilities,  as  defined  by
33        Section 1-159.1, or disabled veterans by any person using
34        a motor vehicle not bearing registration plates specified
 
                            -7-      LRB093 07216 DRH 14013 a
 1        in  Section  11-1301.1  or  a  special decal or device as
 2        defined in Section 11-1301.2 as evidence that the vehicle
 3        is operated by or  for  a  person  with  disabilities  or
 4        disabled veteran;
 5             15.  Adopting  such other traffic regulations as are
 6        specifically authorized by this Code; or
 7             16.  Enforcing the provisions of subsection  (f)  of
 8        Section 3-413 of this Code or a similar local ordinance.
 9        (b)  No ordinance or regulation enacted under subsections
10    1,  4,  5,  6,  7,  9, 10, 11 or 13 of paragraph (a) shall be
11    effective until signs giving reasonable notice of such  local
12    traffic regulations are posted.
13        (c)  The  provisions  of  this Code shall not prevent any
14    municipality  having  a  population  of   500,000   or   more
15    inhabitants  from  prohibiting  any  person  from  driving or
16    operating  any  motor  vehicle  upon  the  roadways  of  such
17    municipality with headlamps on high beam or bright.
18        (d)  The provisions of this Code shall not be  deemed  to
19    prevent  local  authorities within the reasonable exercise of
20    their police power from prohibiting, on private property, the
21    unauthorized use of parking spaces reserved for persons  with
22    disabilities.
23        (e)  No  unit  of local government, including a home rule
24    unit, may enact or enforce an ordinance that applies only  to
25    motorcycles if the principal purpose for that ordinance is to
26    restrict  the access of motorcycles to any highway or portion
27    of a highway for which federal or State funds have been  used
28    for  the  planning,  design,  construction, or maintenance of
29    that highway.  No unit of local government, including a  home
30    rule  unit, may enact an ordinance requiring motorcycle users
31    to wear protective headgear.  Nothing in this subsection  (e)
32    shall  affect  the authority of a unit of local government to
33    regulate motorcycles  for  traffic  control  purposes  or  in
34    accordance  with  Section  12-602  of  this Code.  No unit of
 
                            -8-      LRB093 07216 DRH 14013 a
 1    local government, including a home rule  unit,  may  regulate
 2    motorcycles  in  a  manner inconsistent with this Code.  This
 3    subsection (e)  is  a  limitation  under  subsection  (i)  of
 4    Section  6 of Article VII of the Illinois Constitution on the
 5    concurrent  exercise  by  home  rule  units  of  powers   and
 6    functions exercised by the State.
 7        (f)  A  municipality  or  county  may  enact an ordinance
 8    providing for an automated traffic law enforcement system  to
 9    enforce  violations  of  this Code or similar provisions of a
10    local ordinance.
11    (Source: P.A. 90-106,  eff.  1-1-98;  90-513,  eff.  8-22-97;
12    90-655, eff. 7-30-98; 91-519, eff. 1-1-00.)

13        (625 ILCS 5/11-208.3) (from Ch. 95 1/2, par. 11-208.3)
14        Sec. 11-208.3.  Administrative adjudication of violations
15    of  traffic  regulations concerning the standing, parking, or
16    condition of vehicles and automated traffic law violations.
17        (a)  Any municipality may  provide  by  ordinance  for  a
18    system  of  administrative adjudication of vehicular standing
19    and parking violations and vehicle compliance  violations  as
20    defined   in  this  subsection,  and  automated  traffic  law
21    violations as defined in Section 11-208.5. The administrative
22    system shall have as  its  purpose  the  fair  and  efficient
23    enforcement    of    municipal    regulations   through   the
24    administrative  adjudication   of   automated   traffic   law
25    violations  and violations of municipal ordinances regulating
26    the standing and parking of vehicles, the condition  and  use
27    of  vehicle equipment, and the display of municipal wheel tax
28    licenses   within   the    municipality's    borders.     The
29    administrative system shall only have authority to adjudicate
30    civil  offenses  carrying  fines  not  in excess of $250 that
31    occur after the effective date of the ordinance adopting such
32    a system under this Section. For purposes  of  this  Section,
33    "compliance  violation"  means  a  violation  of  a municipal
 
                            -9-      LRB093 07216 DRH 14013 a
 1    regulation governing the condition or use of equipment  on  a
 2    vehicle  or  governing  the  display of a municipal wheel tax
 3    license.
 4        (b)  Any   ordinance    establishing    a    system    of
 5    administrative  adjudication under this Section shall provide
 6    for:
 7             (1)  A traffic compliance  administrator  authorized
 8        to adopt, distribute and process parking, and compliance,
 9        and  automated  traffic  law  violation notices and other
10        notices required by this Section, collect money  paid  as
11        fines   and   penalties  for  violation  of  parking  and
12        compliance   ordinances   and   automated   traffic   law
13        violations, and operate  an  administrative  adjudication
14        system.   The  traffic  compliance administrator also may
15        make a certified report to the Secretary of  State  under
16        Section 6-306.5.
17             (2)  A   parking,   standing,   or   compliance,  or
18        automated traffic law violation notice that shall specify
19        the date, time, and place  of  violation  of  a  parking,
20        standing,   or   compliance,  or  automated  traffic  law
21        regulation; the particular regulation violated; the  fine
22        and  any  penalty  that may be assessed for late payment,
23        when so provided by ordinance; the vehicle make and state
24        registration number; and the identification number of the
25        person issuing the notice. With regard to  municipalities
26        with  a  population  of  1  million  or more, it shall be
27        grounds for dismissal of a parking violation if the State
28        registration  number  or  vehicle   make   specified   is
29        incorrect.  The  violation  notice  shall  state that the
30        payment of the indicated  fine,  and  of  any  applicable
31        penalty  for  late  payment,  shall  operate  as  a final
32        disposition of the  violation.   The  notice  also  shall
33        contain  information  as to the availability of a hearing
34        in which the violation may be contested  on  its  merits.
 
                            -10-     LRB093 07216 DRH 14013 a
 1        The violation notice shall specify the time and manner in
 2        which a hearing may be had.
 3             (3)  Service of the parking, standing, or compliance
 4        violation  notice by affixing the original or a facsimile
 5        of the notice to  an  unlawfully  parked  vehicle  or  by
 6        handing  the notice to the operator of a vehicle if he or
 7        she is present and service of an  automated  traffic  law
 8        violation notice by mail to the address of the registered
 9        owner of the cited vehicle as recorded with the Secretary
10        of  State  within  30  days after the violation. A person
11        authorized by  ordinance  to  issue  and  serve  parking,
12        standing,   and  compliance,  or  automated  traffic  law
13        violation notices shall certify as to the correctness  of
14        the  facts entered on the violation notice by signing his
15        or her name to the notice at the time of  service  or  in
16        the  case  of a notice produced by a computerized device,
17        by signing a single certificate to be kept by the traffic
18        compliance administrator attesting to the correctness  of
19        all notices produced by the device while it was under his
20        or  her  control. In the case of an automated traffic law
21        violation, the ordinance shall require a signed statement
22        by a technician employed by the  municipality  or  county
23        that,  based  on inspection of recorded images, the motor
24        vehicle was being operated in violation Section 11-208.5.
25        The original or a facsimile of the violation  notice  or,
26        in  the  case  of  a  notice  produced  by a computerized
27        device, a printed record generated by the device  showing
28        the facts entered on the notice, shall be retained by the
29        traffic  compliance  administrator, and shall be a record
30        kept in the ordinary  course  of  business.   A  parking,
31        standing,   or   compliance,  or  automated  traffic  law
32        violation notice issued, signed and served in  accordance
33        with  this Section, a copy of the notice, or the computer
34        generated record shall be prima facie correct  and  shall
 
                            -11-     LRB093 07216 DRH 14013 a
 1        be  prima  facie evidence of the correctness of the facts
 2        shown on the  notice.   The  notice,  copy,  or  computer
 3        generated  record  shall  be admissible in any subsequent
 4        administrative or legal proceedings.
 5             (4)  An opportunity for a hearing for the registered
 6        owner of the vehicle cited in the parking,  standing,  or
 7        compliance,  or automated traffic law violation notice in
 8        which the owner may contest the  merits  of  the  alleged
 9        violation,  and during which formal or technical rules of
10        evidence shall not apply; provided, however,  that  under
11        Section  11-1306  of  this  Code  the lessee of a vehicle
12        cited in the violation notice likewise shall be  provided
13        an  opportunity  for  a hearing of the same kind afforded
14        the registered owner.  The hearings  shall  be  recorded,
15        and  the  person  conducting the hearing on behalf of the
16        traffic compliance administrator shall  be  empowered  to
17        administer  oaths  and  to  secure  by  subpoena both the
18        attendance and testimony of witnesses and the  production
19        of  relevant  books  and  papers.  Persons appearing at a
20        hearing under this Section may be represented by  counsel
21        at  their  expense.  The  ordinance  may also provide for
22        internal administrative review following the decision  of
23        the hearing officer.
24             (5)  Service  of  additional  notices, sent by first
25        class United States mail, postage prepaid, to the address
26        of the registered owner of the cited vehicle as  recorded
27        with  the Secretary of State or, under Section 11-1306 of
28        this Code, to the lessee of the cited vehicle at the last
29        address known to the lessor of the cited vehicle  at  the
30        time  of  lease.  The service shall be deemed complete as
31        of the date of deposit in the  United  States  mail.  The
32        notices  shall  be  in  the  following sequence and shall
33        include but not be limited to the  information  specified
34        herein:
 
                            -12-     LRB093 07216 DRH 14013 a
 1                  (i)  A second notice of violation.  This notice
 2             shall specify the date and location of the violation
 3             cited  in  the  parking, standing, or compliance, or
 4             automated  traffic   law   violation   notice,   the
 5             particular regulation violated, the vehicle make and
 6             state  registration number, the fine and any penalty
 7             that may  be  assessed  for  late  payment  when  so
 8             provided by ordinance, the availability of a hearing
 9             in  which  the  violation  may  be  contested on its
10             merits, and the time and manner in which the hearing
11             may be had.  The  notice  of  violation  shall  also
12             state  that failure either to pay the indicated fine
13             and any  applicable  penalty,  or  to  appear  at  a
14             hearing  on  the  merits  in  the  time  and  manner
15             specified,  will  result in a final determination of
16             violation liability for the cited violation  in  the
17             amount  of  the fine or penalty indicated, and that,
18             upon the occurrence  of  a  final  determination  of
19             violation   liability   for  the  failure,  and  the
20             exhaustion of,  or  failure  to  exhaust,  available
21             administrative  or  judicial  procedures for review,
22             any unpaid fine or penalty will  constitute  a  debt
23             due and owing the municipality.
24                  (ii)  A   notice   of  final  determination  of
25             parking,  standing,  or  compliance,  or   automated
26             traffic  law  violation liability. This notice shall
27             be sent following a final determination of  parking,
28             standing,  or  compliance,  or automated traffic law
29             violation liability and the conclusion  of  judicial
30             review  procedures  taken  under  this Section.  The
31             notice shall state that the unpaid fine  or  penalty
32             is  a  debt  due  and  owing  the municipality.  The
33             notice shall contain warnings that  failure  to  pay
34             any  fine  or penalty due and owing the municipality
 
                            -13-     LRB093 07216 DRH 14013 a
 1             within  the  time  specified  may  result   in   the
 2             municipality's  filing  of a petition in the Circuit
 3             Court to have the unpaid fine or penalty rendered  a
 4             judgment  as provided by this Section, or may result
 5             in suspension of the person's  drivers  license  for
 6             failure  to  pay  fines  or penalties for 10 or more
 7             parking violations under Section 6-306.5 or  5  more
 8             automated   traffic  law  violations  under  Section
 9             11-208.5.
10             (6)  A   Notice   of   impending   drivers   license
11        suspension.  This notice shall  be  sent  to  the  person
12        liable for any fine or penalty that remains due and owing
13        on  10  or  more  parking  violations or 5 or more unpaid
14        automated traffic law violations.  The notice shall state
15        that failure to pay the fine or penalty owing  within  45
16        days of the notice's date will result in the municipality
17        notifying  the  Secretary  of  State  that  the person is
18        eligible for initiation of suspension  proceedings  under
19        Section 6-306.5 of this Code. The notice shall also state
20        that  the  person  may  obtain  a  photostatic copy of an
21        original ticket imposing a fine or penalty by  sending  a
22        self  addressed,  stamped  envelope  to  the municipality
23        along with a request  for  the  photostatic  copy.    The
24        notice  of  impending drivers license suspension shall be
25        sent by first class United States mail, postage  prepaid,
26        to the address recorded with the Secretary of State.
27             (7)  Final determinations of violation liability.  A
28        final  determination  of  violation liability shall occur
29        following failure to pay the  fine  or  penalty  after  a
30        hearing  officer's  determination  of violation liability
31        and  the  exhaustion  of  or  failure  to   exhaust   any
32        administrative  review  procedures provided by ordinance.
33        Where a person fails to appear at a  hearing  to  contest
34        the alleged violation in the time and manner specified in
 
                            -14-     LRB093 07216 DRH 14013 a
 1        a    prior   mailed   notice,   the   hearing   officer's
 2        determination of violation liability shall become  final:
 3        (A)  upon  denial  of a timely petition to set aside that
 4        determination, or (B) upon expiration of the  period  for
 5        filing the petition without a filing having been made.
 6             (8)  A  petition  to  set  aside  a determination of
 7        parking, standing, or compliance,  or  automated  traffic
 8        law  violation  liability  that  may be filed by a person
 9        owing an unpaid fine or penalty. The  petition  shall  be
10        filed  with  and  ruled  upon  by  the traffic compliance
11        administrator in the manner and within the time specified
12        by ordinance. The grounds for the petition may be limited
13        to:  (A) the person not having been the owner  or  lessee
14        of the cited vehicle on the date the violation notice was
15        issued,  (B)  the  person having already paid the fine or
16        penalty for the violation in question, and (C)  excusable
17        failure to appear at or request a new date for a hearing.
18        With  regard  to  municipalities  with  a population of 1
19        million or more, it shall be grounds for dismissal  of  a
20        parking  violation  if  the  State registration number or
21        vehicle  make   specified   is   incorrect.   After   the
22        determination  of  parking,  standing,  or compliance, or
23        automated traffic law violation liability  has  been  set
24        aside  upon a showing of just cause, the registered owner
25        shall be provided with a hearing on the merits  for  that
26        violation.
27             (9)  Procedures  for  non-residents.  Procedures  by
28        which  persons  who are not residents of the municipality
29        may contest the merits of the alleged  violation  without
30        attending a hearing.
31             (10)  A  schedule  of  civil fines for violations of
32        vehicular  standing,   parking,   and   compliance,   and
33        automated  traffic  law  regulations enacted by ordinance
34        pursuant to this Section, and a schedule of penalties for
 
                            -15-     LRB093 07216 DRH 14013 a
 1        late payment of the fines, provided,  however,  that  the
 2        total  amount  of  the  fine  and  penalty  for  any  one
 3        violation shall not exceed $250.
 4             (11)  Other  provisions  as are necessary and proper
 5        to carry into effect  the  powers  granted  and  purposes
 6        stated in this Section.
 7        (c)  Any  municipality  establishing  vehicular standing,
 8    parking,  and   compliance,   and   automated   traffic   law
 9    regulations  under this Section may also provide by ordinance
10    for a program of vehicle immobilization for  the  purpose  of
11    facilitating  enforcement  of those regulations.  The program
12    of vehicle immobilization shall provide for immobilizing  any
13    eligible  vehicle  upon  the  public  way  by  presence  of a
14    restraint in a manner to prevent operation  of  the  vehicle.
15    Any    ordinance    establishing   a   program   of   vehicle
16    immobilization under this Section shall provide:
17             (1)  Criteria  for  the  designation   of   vehicles
18        eligible for immobilization.  A vehicle shall be eligible
19        for  immobilization  when  the  registered  owner  of the
20        vehicle  has  accumulated  the  number  of  unpaid  final
21        determinations of parking, standing,  or  compliance,  or
22        automated  traffic  law violation liability as determined
23        by ordinance.
24             (2)  A notice of  impending  vehicle  immobilization
25        and a right to a hearing to challenge the validity of the
26        notice  by  disproving  liability  for  the  unpaid final
27        determinations of parking, standing,  or  compliance,  or
28        automated  traffic  law violation liability listed on the
29        notice.
30             (3)  The right to a prompt hearing after  a  vehicle
31        has   been  immobilized  or  subsequently  towed  without
32        payment  of  the  outstanding  fines  and  penalties   on
33        parking,  standing,  or  compliance, or automated traffic
34        law violations for which final determinations  have  been
 
                            -16-     LRB093 07216 DRH 14013 a
 1        issued.   An  order  issued  after the hearing is a final
 2        administrative decision within  the  meaning  of  Section
 3        3-101 of the Code of Civil Procedure.
 4             (4)  A  post  immobilization  and post-towing notice
 5        advising the registered owner of the vehicle of the right
 6        to  a  hearing  to  challenge   the   validity   of   the
 7        impoundment.
 8        (d)  Judicial  review of final determinations of parking,
 9    standing,  and  compliance,   and   automated   traffic   law
10    violations  and  final  administrative decisions issued after
11    hearings regarding  vehicle  immobilization  and  impoundment
12    made under this Section shall be subject to the provisions of
13    the Administrative Review Law.
14        (e)  Any  fine,  penalty,  or  part  of  any  fine or any
15    penalty remaining unpaid after  the  exhaustion  of,  or  the
16    failure  to  exhaust,   administrative remedies created under
17    this Section  and  the  conclusion  of  any  judicial  review
18    procedures  shall  be  a  debt due and owing the municipality
19    and, as such, may be collected in accordance with  applicable
20    law.  Payment in full of any fine or penalty resulting from a
21    standing,  parking,  or  compliance, or automated traffic law
22    violation  shall  constitute  a  final  disposition  of  that
23    violation.
24        (f)  After the expiration  of  the  period  within  which
25    judicial  review  may  be sought for a final determination of
26    parking, standing, or compliance, or  automated  traffic  law
27    violation,  the municipality may commence a proceeding in the
28    Circuit Court for purposes of obtaining  a  judgment  on  the
29    final  determination  of  violation.  Nothing in this Section
30    shall prevent  a  municipality  from  consolidating  multiple
31    final  determinations of parking, standing, or compliance, or
32    automated traffic law violations violation against  a  person
33    in  a  proceeding.  Upon  commencement  of  the  action,  the
34    municipality  shall  file  a  certified  copy  of  the  final
 
                            -17-     LRB093 07216 DRH 14013 a
 1    determination   of   parking,  standing,  or  compliance,  or
 2    automated traffic law violation, which shall  be  accompanied
 3    by a certification that recites facts sufficient to show that
 4    the final determination of violation was issued in accordance
 5    with  this  Section  and  the applicable municipal ordinance.
 6    Service of the summons and a copy of the petition may  be  by
 7    any  method  provided  by  Section 2-203 of the Code of Civil
 8    Procedure or by certified  mail,  return  receipt  requested,
 9    provided  that  the  total  amount of fines and penalties for
10    final determinations of parking, standing, or compliance,  or
11    automated  traffic  law violations does not exceed $2500.  If
12    the court  is  satisfied  that  the  final  determination  of
13    parking,  standing,  or  compliance, or automated traffic law
14    violation was entered in accordance with the requirements  of
15    this Section and the applicable municipal ordinance, and that
16    the  registered  owner or the lessee, as the case may be, had
17    an opportunity for an administrative hearing and for judicial
18    review as provided in this Section, the  court  shall  render
19    judgment  in  favor  of  the  municipality  and  against  the
20    registered  owner  or  the lessee for the amount indicated in
21    the final determination of parking, standing, or  compliance,
22    or  automated traffic law violation, plus costs. The judgment
23    shall have the same effect and may be enforced  in  the  same
24    manner as other judgments for the recovery of money.
25    (Source: P.A. 92-695, eff. 1-1-03.)

26        (625 ILCS 5/11-208.5 new)
27        Sec. 11-208.5.  Automated traffic law enforcement system.
28        (a)  As  used  in  this  Section,  "automated traffic law
29    enforcement system" means a device with  one  or  more  motor
30    vehicle sensors working in conjunction with:
31             (1)  a  red  light signal to produce recorded images
32        of motor vehicles entering an intersection against a  red
33        signal  indication in violation of Section 11-306 of this
 
                            -18-     LRB093 07216 DRH 14013 a
 1        Code or a similar provision of a local ordinance;
 2             (2)  a speed measuring device  to  produce  recorded
 3        images  of  motor vehicles traveling at a prohibited rate
 4        of speed; or
 5             (3)  any other traffic control  device  designed  to
 6        enhance highway safety.
 7        An  automated  traffic law enforcement system is a system
 8    in a  municipality  or  county  operated  by  a  governmental
 9    agency,  in  cooperation  with a law enforcement agency, that
10    produces a recorded image of a motor vehicle's violation of a
11    provision of this Code or a local ordinance and  is  designed
12    to  obtain  a  clear  recorded  image  of the vehicle and the
13    vehicle's license plate. The recorded image must also display
14    the time, date, and location of the violation.
15        (b)  As used in this  Section,  "recorded  images"  means
16    images  recorded  by  an  automated  traffic  law enforcement
17    system on:
18             (1)  2 or more photographs;
19             (2)  2 or more microphotographs;
20             (3)  2 or more electronic images; or
21             (4)  a videotape showing the motor vehicle  and,  on
22        at   least   one   image  or  portion  of  tape,  clearly
23        identifying the registration plate number  of  the  motor
24        vehicle.
25        (c)  For  each violation of a provision of this Code or a
26    local  ordinance  recorded  by  an  automatic   traffic   law
27    enforcement  system,  the local law enforcement agency having
28    jurisdiction shall issue a written citation and a  notice  of
29    the  violation  to the registered owner of the vehicle as the
30    alleged violator. The citation and notice shall be  delivered
31    to  the  registered  owner of the vehicle, by mail, within 30
32    days of the violation.
33        The citation shall include:
34             (1)  the name and address of the registered owner of
 
                            -19-     LRB093 07216 DRH 14013 a
 1        the vehicle;
 2             (2)  the registration number of  the  motor  vehicle
 3        involved in the violation;
 4             (3)  the violation charged;
 5             (4)  the location where the violation occurred;
 6             (5)  the date and time of the violation;
 7             (6)  a copy of the recorded images;
 8             (7)  the amount of the civil penalty imposed and the
 9        date by which the civil penalty should be paid;
10             (8)  a  signed statement by a technician employed by
11        the agency that, based on inspection of recorded  images,
12        the  motor  vehicle  was being operated in violation of a
13        automated traffic law enforcement system;
14             (9)  a statement that recorded images  are  evidence
15        of a violation of a traffic control device or posted rate
16        of speed; and
17             (10)  warning  that failure to pay the civil penalty
18        or  to  contest  liability  in  a  timely  manner  is  an
19        admission of liability and may result in a suspension  of
20        the  driving  privileges  of  the registered owner of the
21        vehicle.
22        (d)  The citation issued to the registered owner  of  the
23    vehicle  shall  be  accompanied  by  a  written  notice,  the
24    contents  of  which  is  set  forth in subsection (e) of this
25    Section, explaining how the registered owner of  the  vehicle
26    can  elect  to  proceed by either paying the civil penalty or
27    challenging the issuance of the citation.
28        (e)  The written notice explaining the alleged violator's
29    rights and obligations must include the following text:
30        "You have been served with the accompanying citation  and
31        cited  with  having  violated  Section  11-208.5  of  the
32        Illinois Vehicle Code. You can elect to proceed by:
33             1.  paying the fine; or
34             2.  challenging  the  issuance  of  the  Citation in
 
                            -20-     LRB093 07216 DRH 14013 a
 1        court."
 2        (f)  If a person charged with a traffic violation,  as  a
 3    result  of automated traffic law enforcement system, does not
 4    pay or successfully contest the civil penalty resulting  from
 5    that  violation,  the  Secretary  of  State shall suspend the
 6    driving privileges of the registered  owner  of  the  vehicle
 7    under  Section  6-306.5  of  this Code for failing to pay any
 8    fine or penalty due and owing as a result of 5 violations  of
 9    the automated traffic law enforcement system.
10        (g)  Based  on  inspection of recorded images produced by
11    an automated traffic law enforcement system, a citation or  a
12    copy  of  a citation alleging that the violation occurred and
13    signed by a duly authorized agent  of  the  agency  shall  be
14    evidence  of  the facts contained in the citation or copy and
15    admissible in any proceeding alleging a violation under  this
16    Section.
17        (h)  Recorded  images  made  by  an automatic traffic law
18    enforcement  system  are  confidential  and  shall  be   made
19    available  only  to the alleged violator and governmental and
20    law enforcement  agencies  for  purposes  of  adjudicating  a
21    violation  of  this  Section. Any recorded image evidencing a
22    violation of this Section,  however,  is  admissible  in  any
23    proceeding  resulting  from the issuance of the citation when
24    there is reasonable and sufficient proof of the  accuracy  of
25    the  camera  or  electronic  instrument  recording the image.
26    There is a rebuttable presumption that the recorded image  is
27    accurate if the camera or electronic recording instrument was
28    in good working order at the beginning and the end of the day
29    of the alleged offense.
30        (i)  The court may consider in defense of a violation:
31             (1)  that  the  motor vehicle or registration plates
32        of the motor vehicle were  stolen  before  the  violation
33        occurred   and  not  under  the  control  of  or  in  the
34        possession of the owner at the time of the violation;
 
                            -21-     LRB093 07216 DRH 14013 a
 1             (2)  with respect to an alleged automated red  light
 2        violation,  that the driver of the vehicle passed through
 3        the intersection when the light was  red  either  (i)  in
 4        order  to  yield the right-of-way to an emergency vehicle
 5        or (ii) as part of a funeral procession; and
 6             (3)  any other evidence or  issues  that  the  Court
 7        deems pertinent.
 8        (j)  To   demonstrate  that  the  motor  vehicle  or  the
 9    registration plates were stolen before the violation occurred
10    and were not under the control or possession of the owner  at
11    the time of the violation, the owner must submit proof that a
12    police   report   concerning  the  stolen  motor  vehicle  or
13    registration plates was filed in a timely manner.
14        (k)  Unless the driver of the motor  vehicle  received  a
15    Uniform Traffic Citation from a police officer at the time of
16    the  violation, the motor vehicle owner is subject to a civil
17    penalty not exceeding $500 if the motor vehicle  is  recorded
18    by  an  automated traffic law enforcement system. A violation
19    for which a civil penalty is imposed under  this  Section  is
20    not  a  violation  of  a  traffic  regulation  governing  the
21    movement  of  vehicles and may not be recorded on the driving
22    record of the owner of the vehicle.

23        (625 ILCS 5/11-306) (from Ch. 95 1/2, par. 11-306)
24        Sec. 11-306.   Traffic-control  signal  legend.  Whenever
25    traffic  is  controlled by traffic-control signals exhibiting
26    different   colored   lights   or   color   lighted   arrows,
27    successively one at a time or in combination, only the colors
28    green, red and yellow  shall  be  used,  except  for  special
29    pedestrian  signals  carrying  a  word legend, and the lights
30    shall  indicate  and  apply  to  drivers  of   vehicles   and
31    pedestrians as follows:
32        (a)  Green indication.
33             1.  Vehicular traffic facing a circular green signal
 
                            -22-     LRB093 07216 DRH 14013 a
 1        may proceed straight through or turn right or left unless
 2        a   sign  at  such  place  prohibits  either  such  turn.
 3        Vehicular traffic, including vehicles  turning  right  or
 4        left,  shall yield the right of way to other vehicles and
 5        to pedestrians lawfully within  the  intersection  or  an
 6        adjacent crosswalk at the time such signal is exhibited.
 7             2.  Vehicular  traffic  facing a green arrow signal,
 8        shown alone or in combination  with  another  indication,
 9        may  cautiously  enter  the intersection only to make the
10        movement indicated by such arrow, or such other  movement
11        as  is  permitted  by other indications shown at the same
12        time.  Such vehicular traffic shall yield  the  right  of
13        way  to pedestrians lawfully within an adjacent crosswalk
14        and to other traffic lawfully using the intersection.
15             3.  Unless     otherwise     directed      by      a
16        pedestrian-control signal, as provided in Section 11-307,
17        pedestrians facing any green signal, except when the sole
18        green  signal  is  a  turn  arrow, may proceed across the
19        roadway within any marked or unmarked crosswalk.
20        (b)  Steady yellow indication.
21             1.  Vehicular  traffic  facing  a  steady   circular
22        yellow  or yellow arrow signal is thereby warned that the
23        related green movement is being terminated or that a  red
24        indication will be exhibited immediately thereafter.
25             2.  Pedestrians  facing  a steady circular yellow or
26        yellow arrow  signal,  unless  otherwise  directed  by  a
27        pedestrian-control  signal as provided in Section 11-307,
28        are thereby advised that there is  insufficient  time  to
29        cross the roadway before a red indication is shown and no
30        pedestrian shall then start to cross the roadway.
31        (c)  Steady red indication.
32             1.  Except  as  provided  in  paragraph  3  of  this
33        subsection   (c),   vehicular  traffic  facing  a  steady
34        circular red signal alone shall stop at a clearly  marked
 
                            -23-     LRB093 07216 DRH 14013 a
 1        stop  line,  but  if  there  is no such stop line, before
 2        entering  the  crosswalk  on  the  near   side   of   the
 3        intersection,  or  if  there  is  no such crosswalk, then
 4        before  entering  the  intersection,  and  shall   remain
 5        standing until an indication to proceed is shown.
 6             2.  Except  as  provided  in  paragraph  3  of  this
 7        subsection  (c),  vehicular  traffic  facing a steady red
 8        arrow signal shall not enter the intersection to make the
 9        movement indicated by the arrow and, unless entering  the
10        intersection  to  make  a  movement  permitted by another
11        signal, shall stop at a clearly marked stop line, but  if
12        there is no such stop line, before entering the crosswalk
13        on  the  near side of the intersection, or if there is no
14        such crosswalk, then before  entering  the  intersection,
15        and  shall remain standing until an indication permitting
16        the movement indicated by such red arrow is shown.
17             3.  Except when a sign is  in  place  prohibiting  a
18        turn   and   local  authorities  by  ordinance  or  State
19        authorities by rule or regulation prohibit any such turn,
20        vehicular  traffic  facing  any  steady  red  signal  may
21        cautiously enter the intersection to turn  right,  or  to
22        turn  left  from  a one-way street into a one-way street,
23        after stopping as required by paragraph 1 or paragraph  2
24        of  this  subsection.    After stopping, the driver shall
25        yield the right of way to any vehicle in the intersection
26        or approaching  on  another  roadway  so  closely  as  to
27        constitute  an  immediate  hazard  during  the  time such
28        driver is moving across or  within  the  intersection  or
29        junction  or roadways.  Such driver shall yield the right
30        of way to  pedestrians  within  the  intersection  or  an
31        adjacent crosswalk.
32             4.  Unless      otherwise      directed     by     a
33        pedestrian-control signal as provided in Section  11-307,
34        pedestrians  facing  a  steady  circular red or red arrow
 
                            -24-     LRB093 07216 DRH 14013 a
 1        signal alone shall not enter the roadway.
 2             5.  A municipality with a population of 1,000,000 or
 3        more  may enact an ordinance that provides for the use of
 4        an automated red  light  enforcement  system  to  enforce
 5        violations  of  this  subsection  (c)  that  result in or
 6        involve a motor vehicle accident, leaving the scene of  a
 7        motor  vehicle accident, or reckless driving that results
 8        in bodily injury.
 9             This  paragraph  5  is  subject   to   prosecutorial
10        discretion that is consistent with applicable law.
11        (d)  In  the  event an official traffic control signal is
12    erected and maintained at a place other than an intersection,
13    the provisions of this Section shall be applicable except  as
14    to  provisions which by their nature can have no application.
15    Any stop required shall be at a traffic sign or a marking  on
16    the  pavement  indicating where the stop shall be made or, in
17    the absence of such sign or marking, the stop shall  be  made
18    at the signal.
19        (e)  The  motorman  of any streetcar shall obey the above
20    signals as applicable to vehicles.
21    (Source: P.A. 90-86, eff. 7-10-97; 91-357, eff. 7-29-99.)

22        (625 ILCS 5/1-105.5 rep.)
23        Section 10.  The Illinois  Vehicle  Code  is  amended  by
24    repealing Section 1-105.5.

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