Illinois General Assembly - Full Text of HB3980
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Full Text of HB3980  102nd General Assembly

HB3980 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB3980

 

Introduced 3/4/2021, by Rep. Suzanne Ness

 

SYNOPSIS AS INTRODUCED:
 
625 ILCS 5/1-105.2
625 ILCS 5/3-400  from Ch. 95 1/2, par. 3-400
625 ILCS 5/6-306.5  from Ch. 95 1/2, par. 6-306.5
625 ILCS 5/11-208  from Ch. 95 1/2, par. 11-208
625 ILCS 5/11-208.3  from Ch. 95 1/2, par. 11-208.3
625 ILCS 5/11-208.8
625 ILCS 5/11-208.6 rep.
30 ILCS 805/8.45 new

    Amends the Illinois Vehicle Code. Repeals a Section providing authority to use automated traffic law enforcement systems at intersections in which cameras are used to photograph or video record a motor vehicle's failure to stop and yield as required by traffic control signals. Imposes limits on the power of local governments to use automated speed enforcement systems to provide recorded images of a motor vehicle for the purpose of recording its speed. Denies home rule powers. Amends the State Mandates Act to require implementation without reimbursement from the State. Makes conforming and other changes.


LRB102 04375 HEP 14393 b

FISCAL NOTE ACT MAY APPLY
HOME RULE NOTE ACT MAY APPLY
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

 

 

A BILL FOR

 

HB3980LRB102 04375 HEP 14393 b

1    AN ACT concerning transportation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Vehicle Code is amended by
5changing Sections 1-105.2, 3-400, 6-306.5, 11-208, 11-208.3,
6and 11-208.8 as follows:
 
7    (625 ILCS 5/1-105.2)
8    Sec. 1-105.2. Automated traffic law violation. A violation
9described in Section 11-208.6, 11-208.9, or 11-1201.1 of this
10Code.
11(Source: P.A. 98-556, eff. 1-1-14.)
 
12    (625 ILCS 5/3-400)  (from Ch. 95 1/2, par. 3-400)
13    Sec. 3-400. Definitions. Notwithstanding the definitions
14set forth in Chapter 1 of this Act, for the purposes of this
15Article, the following words shall have the meaning ascribed
16to them as follows:
17    "Apportionable Fee" means any periodic recurring fee
18required for licensing or registering vehicles, such as, but
19not limited to, registration fees, license or weight fees.
20    "Apportionable Vehicle" means any vehicle, except
21recreational vehicles, vehicles displaying restricted plates,
22city pickup and delivery vehicles, buses used in

 

 

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1transportation of chartered parties, and government owned
2vehicles that are used or intended for use in 2 or more member
3jurisdictions that allocate or proportionally register
4vehicles, in a fleet which is used for the transportation of
5persons for hire or the transportation of property and which
6has a gross vehicle weight in excess of 26,000 pounds; or has
7three or more axles regardless of weight; or is used in
8combination when the weight of such combination exceeds 26,000
9pounds gross vehicle weight. Vehicles, or combinations having
10a gross vehicle weight of 26,000 pounds or less and two-axle
11vehicles may be proportionally registered at the option of
12such owner.
13    "Base Jurisdiction" means, for purposes of fleet
14registration, the jurisdiction where the registrant has an
15established place of business, where operational records of
16the fleet are maintained and where mileage is accrued by the
17fleet. In case a registrant operates more than one fleet, and
18maintains records for each fleet in different places, the
19"base jurisdiction" for a fleet shall be the jurisdiction
20where an established place of business is maintained, where
21records of the operation of that fleet are maintained and
22where mileage is accrued by that fleet.
23    "Operational Records" means documents supporting miles
24traveled in each jurisdiction and total miles traveled, such
25as fuel reports, trip leases, and logs.
26    "Owner" means a person who holds legal title of a motor

 

 

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1vehicle, or in the event a motor vehicle is the subject of an
2agreement for the conditional sale or lease thereof with the
3right of purchase upon performance of the conditions stated in
4the agreement and with an immediate right of possession vested
5in the conditional vendee or lessee with right of purchase, or
6in the event a mortgagor of such motor vehicle is entitled to
7possession, or in the event a lessee of such motor vehicle is
8entitled to possession or control, then such conditional
9vendee or lessee with right of purchase or mortgagor or lessee
10is considered to be the owner for the purpose of this Act.
11    "Registration plate or digital registration plate cover"
12means any tinted, colored, painted, marked, clear, or
13illuminated object that is designed to (i) cover any of the
14characters of a motor vehicle's registration plate or digital
15registration plate; or (ii) distort a recorded image of any of
16the characters of a motor vehicle's registration plate or
17digital registration plate recorded by an automated
18enforcement system as defined in Section 11-208.6, 11-208.8,
19or 11-1201.1 of this Code or recorded by an automated traffic
20control system as defined in Section 15 of the Automated
21Traffic Control Systems in Highway Construction or Maintenance
22Zones Act.
23    "Rental Owner" means an owner principally engaged, with
24respect to one or more rental fleets, in renting to others or
25offering for rental the vehicles of such fleets, without
26drivers.

 

 

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1    "Restricted Plates" shall include, but is not limited to,
2dealer, manufacturer, transporter, farm, repossessor, and
3permanently mounted type plates. Vehicles displaying any of
4these type plates from a foreign jurisdiction that is a member
5of the International Registration Plan shall be granted
6reciprocity but shall be subject to the same limitations as
7similar plated Illinois registered vehicles.
8(Source: P.A. 101-395, eff. 8-16-19.)
 
9    (625 ILCS 5/6-306.5)  (from Ch. 95 1/2, par. 6-306.5)
10    Sec. 6-306.5. Failure to pay fine or penalty for standing,
11parking, compliance, automated speed enforcement system, or
12automated traffic law violations; suspension of driving
13privileges.
14    (a) Upon receipt of a certified report, as prescribed by
15subsection (c) of this Section, from any municipality or
16county stating that the owner of a registered vehicle has
17failed to pay any fine or penalty due and owing as a result of
185 offenses for automated speed enforcement system violations
19or automated traffic violations as defined in Sections
2011-208.6, 11-208.8, 11-208.9, or 11-1201.1, or combination
21thereof, or (3) is more than 14 days in default of a payment
22plan pursuant to which a suspension had been terminated under
23subsection (c) of this Section, the Secretary of State shall
24suspend the driving privileges of such person in accordance
25with the procedures set forth in this Section. The Secretary

 

 

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1shall also suspend the driving privileges of an owner of a
2registered vehicle upon receipt of a certified report, as
3prescribed by subsection (f) of this Section, from any
4municipality or county stating that such person has failed to
5satisfy any fines or penalties imposed by final judgments for
65 or more automated speed enforcement system or automated
7traffic law violations, or combination thereof, after
8exhaustion of judicial review procedures.
9    (b) Following receipt of the certified report of the
10municipality or county as specified in this Section, the
11Secretary of State shall notify the person whose name appears
12on the certified report that the person's driver's drivers
13license will be suspended at the end of a specified period of
14time unless the Secretary of State is presented with a notice
15from the municipality or county certifying that the fine or
16penalty due and owing the municipality or county has been paid
17or that inclusion of that person's name on the certified
18report was in error. The Secretary's notice shall state in
19substance the information contained in the municipality's or
20county's certified report to the Secretary, and shall be
21effective as specified by subsection (c) of Section 6-211 of
22this Code.
23    (c) The report of the appropriate municipal or county
24official notifying the Secretary of State of unpaid fines or
25penalties pursuant to this Section shall be certified and
26shall contain the following:

 

 

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1        (1) The name, last known address as recorded with the
2    Secretary of State, as provided by the lessor of the cited
3    vehicle at the time of lease, or as recorded in a United
4    States Post Office approved database if any notice sent
5    under Section 11-208.3 of this Code is returned as
6    undeliverable, and driver's drivers license number of the
7    person who failed to pay the fine or penalty or who has
8    defaulted in a payment plan and the registration number of
9    any vehicle known to be registered to such person in this
10    State.
11        (2) The name of the municipality or county making the
12    report pursuant to this Section.
13        (3) A statement that the municipality or county sent a
14    notice of impending driver's drivers license suspension as
15    prescribed by ordinance enacted pursuant to Section
16    11-208.3 of this Code or a notice of default in a payment
17    plan, to the person named in the report at the address
18    recorded with the Secretary of State or at the last
19    address known to the lessor of the cited vehicle at the
20    time of lease or, if any notice sent under Section
21    11-208.3 of this Code is returned as undeliverable, at the
22    last known address recorded in a United States Post Office
23    approved database; the date on which such notice was sent;
24    and the address to which such notice was sent. In a
25    municipality or county with a population of 1,000,000 or
26    more, the report shall also include a statement that the

 

 

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1    alleged violator's State vehicle registration number and
2    vehicle make, if specified on the automated speed
3    enforcement system violation or automated traffic law
4    violation notice, are correct as they appear on the
5    citations.
6        (4) A unique identifying reference number for each
7    request of suspension sent whenever a person has failed to
8    pay the fine or penalty or has defaulted on a payment plan.
9    (d) Any municipality or county making a certified report
10to the Secretary of State pursuant to this Section shall
11notify the Secretary of State, in a form prescribed by the
12Secretary, whenever a person named in the certified report has
13paid the previously reported fine or penalty, whenever a
14person named in the certified report has entered into a
15payment plan pursuant to which the municipality or county has
16agreed to terminate the suspension, or whenever the
17municipality or county determines that the original report was
18in error. A certified copy of such notification shall also be
19given upon request and at no additional charge to the person
20named therein. Upon receipt of the municipality's or county's
21notification or presentation of a certified copy of such
22notification, the Secretary of State shall terminate the
23suspension.
24    (e) Any municipality or county making a certified report
25to the Secretary of State pursuant to this Section shall also
26by ordinance establish procedures for persons to challenge the

 

 

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1accuracy of the certified report. The ordinance shall also
2state the grounds for such a challenge, which may be limited to
3(1) the person not having been the owner or lessee of the
4vehicle or vehicles receiving a combination of 5 or more
5automated speed enforcement system or automated traffic law
6violations on the date or dates such notices were issued; and
7(2) the person having already paid the fine or penalty for the
8combination of 5 or more automated speed enforcement system or
9automated traffic law violations indicated on the certified
10report.
11    (f) Any municipality or county, other than a municipality
12or county establishing automated speed enforcement system
13regulations under Section 11-208.8, or automated traffic law
14regulations under Section 11-208.6, 11-208.9, or 11-1201.1,
15may also cause a suspension of a person's driver's drivers
16license pursuant to this Section. Such municipality or county
17may invoke this sanction by making a certified report to the
18Secretary of State upon a person's failure to satisfy any fine
19or penalty imposed by final judgment for a combination of 5 or
20more automated speed enforcement system or automated traffic
21law violations after exhaustion of judicial review procedures,
22but only if:
23        (1) the municipality or county complies with the
24    provisions of this Section in all respects except in
25    regard to enacting an ordinance pursuant to Section
26    11-208.3;

 

 

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1        (2) the municipality or county has sent a notice of
2    impending driver's drivers license suspension as
3    prescribed by an ordinance enacted pursuant to subsection
4    (g) of this Section; and
5        (3) in municipalities or counties with a population of
6    1,000,000 or more, the municipality or county has verified
7    that the alleged violator's State vehicle registration
8    number and vehicle make are correct as they appear on the
9    citations.
10    (g) Any municipality or county, other than a municipality
11or county establishing automated speed enforcement system
12regulations under Section 11-208.8, or automated traffic law
13regulations under Section 11-208.6, 11-208.9, or 11-1201.1,
14may provide by ordinance for the sending of a notice of
15impending driver's drivers license suspension to the person
16who has failed to satisfy any fine or penalty imposed by final
17judgment for a combination of 5 or more automated speed
18enforcement system or automated traffic law violations after
19exhaustion of judicial review procedures. An ordinance so
20providing shall specify that the notice sent to the person
21liable for any fine or penalty shall state that failure to pay
22the fine or penalty owing within 45 days of the notice's date
23will result in the municipality or county notifying the
24Secretary of State that the person's driver's drivers license
25is eligible for suspension pursuant to this Section. The
26notice of impending driver's drivers license suspension shall

 

 

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1be sent by first class United States mail, postage prepaid, to
2the address recorded with the Secretary of State or at the last
3address known to the lessor of the cited vehicle at the time of
4lease or, if any notice sent under Section 11-208.3 of this
5Code is returned as undeliverable, to the last known address
6recorded in a United States Post Office approved database.
7    (h) An administrative hearing to contest an impending
8suspension or a suspension made pursuant to this Section may
9be had upon filing a written request with the Secretary of
10State. The filing fee for this hearing shall be $20, to be paid
11at the time the request is made. A municipality or county which
12files a certified report with the Secretary of State pursuant
13to this Section shall reimburse the Secretary for all
14reasonable costs incurred by the Secretary as a result of the
15filing of the report, including, but not limited to, the costs
16of providing the notice required pursuant to subsection (b)
17and the costs incurred by the Secretary in any hearing
18conducted with respect to the report pursuant to this
19subsection and any appeal from such a hearing.
20    (i) The provisions of this Section shall apply on and
21after January 1, 1988.
22    (j) For purposes of this Section, the term "compliance
23violation" is defined as in Section 11-208.3.
24(Source: P.A. 101-623, eff. 7-1-20; revised 8-18-20.)
 
25    (625 ILCS 5/11-208)   (from Ch. 95 1/2, par. 11-208)

 

 

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1    Sec. 11-208. Powers of local authorities.
2    (a) The provisions of this Code shall not be deemed to
3prevent local authorities with respect to streets and highways
4under their jurisdiction and within the reasonable exercise of
5the police power from:
6        1. Regulating the standing or parking of vehicles,
7    except as limited by Sections 11-1306 and 11-1307 of this
8    Act;
9        2. Regulating traffic by means of police officers or
10    traffic control signals;
11        3. Regulating or prohibiting processions or
12    assemblages on the highways; and certifying persons to
13    control traffic for processions or assemblages;
14        4. Designating particular highways as one-way highways
15    and requiring that all vehicles thereon be moved in one
16    specific direction;
17        5. Regulating the speed of vehicles in public parks
18    subject to the limitations set forth in Section 11-604;
19        6. Designating any highway as a through highway, as
20    authorized in Section 11-302, and requiring that all
21    vehicles stop before entering or crossing the same or
22    designating any intersection as a stop intersection or a
23    yield right-of-way intersection and requiring all vehicles
24    to stop or yield the right-of-way at one or more entrances
25    to such intersections;
26        7. Restricting the use of highways as authorized in

 

 

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1    Chapter 15;
2        8. Regulating the operation of mobile carrying
3    devices, bicycles, low-speed electric bicycles, and
4    low-speed gas bicycles, and requiring the registration and
5    licensing of same, including the requirement of a
6    registration fee;
7        9. Regulating or prohibiting the turning of vehicles
8    or specified types of vehicles at intersections;
9        10. Altering the speed limits as authorized in Section
10    11-604;
11        11. Prohibiting U-turns;
12        12. Prohibiting pedestrian crossings at other than
13    designated and marked crosswalks or at intersections;
14        13. Prohibiting parking during snow removal operation;
15        14. Imposing fines in accordance with Section
16    11-1301.3 as penalties for use of any parking place
17    reserved for persons with disabilities, as defined by
18    Section 1-159.1, or veterans with disabilities by any
19    person using a motor vehicle not bearing registration
20    plates specified in Section 11-1301.1 or a special decal
21    or device as defined in Section 11-1301.2 as evidence that
22    the vehicle is operated by or for a person with
23    disabilities or a veteran with a disability;
24        15. Adopting such other traffic regulations as are
25    specifically authorized by this Code; or
26        16. Enforcing the provisions of subsection (f) of

 

 

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1    Section 3-413 of this Code or a similar local ordinance.
2    (b) No ordinance or regulation enacted under paragraph 1,
34, 5, 6, 7, 9, 10, 11 or 13 of subsection (a) shall be
4effective until signs giving reasonable notice of such local
5traffic regulations are posted.
6    (c) The provisions of this Code shall not prevent any
7municipality having a population of 500,000 or more
8inhabitants from prohibiting any person from driving or
9operating any motor vehicle upon the roadways of such
10municipality with headlamps on high beam or bright.
11    (d) The provisions of this Code shall not be deemed to
12prevent local authorities within the reasonable exercise of
13their police power from prohibiting, on private property, the
14unauthorized use of parking spaces reserved for persons with
15disabilities.
16    (e) No unit of local government, including a home rule
17unit, may enact or enforce an ordinance that applies only to
18motorcycles if the principal purpose for that ordinance is to
19restrict the access of motorcycles to any highway or portion
20of a highway for which federal or State funds have been used
21for the planning, design, construction, or maintenance of that
22highway. No unit of local government, including a home rule
23unit, may enact an ordinance requiring motorcycle users to
24wear protective headgear. Nothing in this subsection (e) shall
25affect the authority of a unit of local government to regulate
26motorcycles for traffic control purposes or in accordance with

 

 

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1Section 12-602 of this Code. No unit of local government,
2including a home rule unit, may regulate motorcycles in a
3manner inconsistent with this Code. This subsection (e) is a
4limitation under subsection (i) of Section 6 of Article VII of
5the Illinois Constitution on the concurrent exercise by home
6rule units of powers and functions exercised by the State.
7    (e-5) The City of Chicago may enact an ordinance providing
8for a noise monitoring system upon any portion of the roadway
9known as Lake Shore Drive. Twelve months after the
10installation of the noise monitoring system, and any time
11after the first report as the City deems necessary, the City of
12Chicago shall prepare a noise monitoring report with the data
13collected from the system and shall, upon request, make the
14report available to the public. For purposes of this
15subsection (e-5), "noise monitoring system" means an automated
16noise monitor capable of recording noise levels 24 hours per
17day and 365 days per year with computer equipment sufficient
18to process the data.
19    (e-10) A unit of local government, including a home rule
20unit, may not enact an ordinance prohibiting the use of
21Automated Driving System equipped vehicles on its roadways.
22Nothing in this subsection (e-10) shall affect the authority
23of a unit of local government to regulate Automated Driving
24System equipped vehicles for traffic control purposes. No unit
25of local government, including a home rule unit, may regulate
26Automated Driving System equipped vehicles in a manner

 

 

HB3980- 15 -LRB102 04375 HEP 14393 b

1inconsistent with this Code. For purposes of this subsection
2(e-10), "Automated Driving System equipped vehicle" means any
3vehicle equipped with an Automated Driving System of hardware
4and software that are collectively capable of performing the
5entire dynamic driving task on a sustained basis, regardless
6of whether it is limited to a specific operational domain.
7This subsection (e-10) is a limitation under subsection (i) of
8Section 6 of Article VII of the Illinois Constitution on the
9concurrent exercise by home rule units of powers and functions
10exercised by the State.
11    (f) No unit of local government, including a home rule
12unit, A municipality or county designated in Section 11-208.6
13may enact or enforce an ordinance providing for an automated
14traffic law enforcement system to enforce violations of
15Section 11-306 of this Code or a similar provision of a local
16ordinance and imposing liability on a registered owner or
17lessee of a vehicle used in such a violation. For purposes of
18this subsection (f), "automated traffic law enforcement
19system" means a device with one or more motor vehicle sensors
20working in conjunction with a red light signal to produce
21recorded images of motor vehicles entering into an
22intersection against a red signal indication in violation of
23Section 11-306 of this Code or a similar provision of a local
24ordinance. This subsection (f) is a denial and limitation of
25home rule powers and functions under subsection (g) of Section
266 of Article VII of the Illinois Constitution.

 

 

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1    (g) A municipality or county, as provided in Section
211-1201.1, may enact an ordinance providing for an automated
3traffic law enforcement system to enforce violations of
4Section 11-1201 of this Code or a similar provision of a local
5ordinance and imposing liability on a registered owner of a
6vehicle used in such a violation.
7    (h) A municipality designated in Section 11-208.8 may
8enact an ordinance providing for an automated speed
9enforcement system to enforce violations of Article VI of
10Chapter 11 of this Code or a similar provision of a local
11ordinance.
12    (i) A municipality or county designated in Section
1311-208.9 may enact an ordinance providing for an automated
14traffic law enforcement system to enforce violations of
15Section 11-1414 of this Code or a similar provision of a local
16ordinance and imposing liability on a registered owner or
17lessee of a vehicle used in such a violation.
18(Source: P.A. 100-209, eff. 1-1-18; 100-257, eff. 8-22-17;
19100-352, eff. 6-1-18; 100-863, eff. 8-14-18; 101-123, eff.
207-26-19.)
 
21    (625 ILCS 5/11-208.3)  (from Ch. 95 1/2, par. 11-208.3)
22    Sec. 11-208.3. Administrative adjudication of violations
23of traffic regulations concerning the standing, parking, or
24condition of vehicles, automated traffic law violations, and
25automated speed enforcement system violations.

 

 

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1    (a) Any municipality or county may provide by ordinance
2for a system of administrative adjudication of vehicular
3standing and parking violations and vehicle compliance
4violations as described in this subsection, automated traffic
5law violations as defined in Section 11-208.6, 11-208.9, or
611-1201.1, and automated speed enforcement system violations
7as defined in Section 11-208.8. The administrative system
8shall have as its purpose the fair and efficient enforcement
9of municipal or county regulations through the administrative
10adjudication of automated speed enforcement system or
11automated traffic law violations and violations of municipal
12or county ordinances regulating the standing and parking of
13vehicles, the condition and use of vehicle equipment, and the
14display of municipal or county wheel tax licenses within the
15municipality's or county's borders. The administrative system
16shall only have authority to adjudicate civil offenses
17carrying fines not in excess of $500 or requiring the
18completion of a traffic education program, or both, that occur
19after the effective date of the ordinance adopting such a
20system under this Section. For purposes of this Section,
21"compliance violation" means a violation of a municipal or
22county regulation governing the condition or use of equipment
23on a vehicle or governing the display of a municipal or county
24wheel tax license.
25    (b) Any ordinance establishing a system of administrative
26adjudication under this Section shall provide for:

 

 

HB3980- 18 -LRB102 04375 HEP 14393 b

1        (1) A traffic compliance administrator authorized to
2    adopt, distribute, and process parking, compliance, and
3    automated speed enforcement system or automated traffic
4    law violation notices and other notices required by this
5    Section, collect money paid as fines and penalties for
6    violation of parking and compliance ordinances and
7    automated speed enforcement system or automated traffic
8    law violations, and operate an administrative adjudication
9    system. The traffic compliance administrator also may make
10    a certified report to the Secretary of State under Section
11    6-306.5.
12        (2) A parking, standing, compliance, automated speed
13    enforcement system, or automated traffic law violation
14    notice that shall specify or include the date, time, and
15    place of violation of a parking, standing, compliance,
16    automated speed enforcement system, or automated traffic
17    law regulation; the particular regulation violated; any
18    requirement to complete a traffic education program; the
19    fine and any penalty that may be assessed for late payment
20    or failure to complete a required traffic education
21    program, or both, when so provided by ordinance; the
22    vehicle make or a photograph of the vehicle; the state
23    registration number of the vehicle; and the identification
24    number of the person issuing the notice. With regard to
25    automated speed enforcement system or automated traffic
26    law violations, vehicle make shall be specified on the

 

 

HB3980- 19 -LRB102 04375 HEP 14393 b

1    automated speed enforcement system or automated traffic
2    law violation notice if the notice does not include a
3    photograph of the vehicle and the make is available and
4    readily discernible. With regard to municipalities or
5    counties with a population of 1 million or more, it shall
6    be grounds for dismissal of a parking violation if the
7    state registration number or vehicle make specified is
8    incorrect. The violation notice shall state that the
9    completion of any required traffic education program, the
10    payment of any indicated fine, and the payment of any
11    applicable penalty for late payment or failure to complete
12    a required traffic education program, or both, shall
13    operate as a final disposition of the violation. The
14    notice also shall contain information as to the
15    availability of a hearing in which the violation may be
16    contested on its merits. The violation notice shall
17    specify the time and manner in which a hearing may be had.
18        (3) Service of a parking, standing, or compliance
19    violation notice by: (i) affixing the original or a
20    facsimile of the notice to an unlawfully parked or
21    standing vehicle; (ii) handing the notice to the operator
22    of a vehicle if he or she is present; or (iii) mailing the
23    notice to the address of the registered owner or lessee of
24    the cited vehicle as recorded with the Secretary of State
25    or the lessor of the motor vehicle within 30 days after the
26    Secretary of State or the lessor of the motor vehicle

 

 

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1    notifies the municipality or county of the identity of the
2    owner or lessee of the vehicle, but not later than 90 days
3    after the date of the violation, except that in the case of
4    a lessee of a motor vehicle, service of a parking,
5    standing, or compliance violation notice may occur no
6    later than 210 days after the violation; and service of an
7    automated speed enforcement system or automated traffic
8    law violation notice by mail to the address of the
9    registered owner or lessee of the cited vehicle as
10    recorded with the Secretary of State or the lessor of the
11    motor vehicle within 30 days after the Secretary of State
12    or the lessor of the motor vehicle notifies the
13    municipality or county of the identity of the owner or
14    lessee of the vehicle, but not later than 90 days after the
15    violation, except that in the case of a lessee of a motor
16    vehicle, service of an automated traffic law violation
17    notice may occur no later than 210 days after the
18    violation. A person authorized by ordinance to issue and
19    serve parking, standing, and compliance violation notices
20    shall certify as to the correctness of the facts entered
21    on the violation notice by signing his or her name to the
22    notice at the time of service or, in the case of a notice
23    produced by a computerized device, by signing a single
24    certificate to be kept by the traffic compliance
25    administrator attesting to the correctness of all notices
26    produced by the device while it was under his or her

 

 

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1    control. In the case of an automated traffic law
2    violation, the ordinance shall require a determination by
3    a technician employed or contracted by the municipality or
4    county that, based on inspection of recorded images, the
5    motor vehicle was being operated in violation of Section
6    11-208.6, 11-208.9, or 11-1201.1 or a local ordinance. If
7    the technician determines that the vehicle entered the
8    intersection as part of a funeral procession or in order
9    to yield the right-of-way to an emergency vehicle, a
10    citation shall not be issued. In municipalities with a
11    population of less than 1,000,000 inhabitants and counties
12    with a population of less than 3,000,000 inhabitants, the
13    automated traffic law ordinance shall require that all
14    determinations by a technician that a motor vehicle was
15    being operated in violation of Section 11-208.6, 11-208.9,
16    or 11-1201.1 or a local ordinance must be reviewed and
17    approved by a law enforcement officer or retired law
18    enforcement officer of the municipality or county issuing
19    the violation. In municipalities with a population of
20    1,000,000 or more inhabitants and counties with a
21    population of 3,000,000 or more inhabitants, the automated
22    traffic law ordinance shall require that all
23    determinations by a technician that a motor vehicle was
24    being operated in violation of Section 11-208.6, 11-208.9,
25    or 11-1201.1 or a local ordinance must be reviewed and
26    approved by a law enforcement officer or retired law

 

 

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1    enforcement officer of the municipality or county issuing
2    the violation or by an additional fully trained
3    fully-trained reviewing technician who is not employed by
4    the contractor who employs the technician who made the
5    initial determination. In the case of an automated speed
6    enforcement system violation, the ordinance shall require
7    a determination by a technician employed by the
8    municipality, based upon an inspection of recorded images,
9    video or other documentation, including documentation of
10    the speed limit and automated speed enforcement signage,
11    and documentation of the inspection, calibration, and
12    certification of the speed equipment, that the vehicle was
13    being operated in violation of Article VI of Chapter 11 of
14    this Code or a similar local ordinance. If the technician
15    determines that the vehicle speed was not determined by a
16    calibrated, certified speed equipment device based upon
17    the speed equipment documentation, or if the vehicle was
18    an emergency vehicle, a citation may not be issued. The
19    automated speed enforcement ordinance shall require that
20    all determinations by a technician that a violation
21    occurred be reviewed and approved by a law enforcement
22    officer or retired law enforcement officer of the
23    municipality issuing the violation or by an additional
24    fully trained reviewing technician who is not employed by
25    the contractor who employs the technician who made the
26    initial determination. Routine and independent calibration

 

 

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1    of the speeds produced by automated speed enforcement
2    systems and equipment shall be conducted annually by a
3    qualified technician. Speeds produced by an automated
4    speed enforcement system shall be compared with speeds
5    produced by lidar or other independent equipment. Radar or
6    lidar equipment shall undergo an internal validation test
7    no less frequently than once each week. Qualified
8    technicians shall test loop-based loop based equipment no
9    less frequently than once a year. Radar equipment shall be
10    checked for accuracy by a qualified technician when the
11    unit is serviced, when unusual or suspect readings
12    persist, or when deemed necessary by a reviewing
13    technician. Radar equipment shall be checked with the
14    internal frequency generator and the internal circuit test
15    whenever the radar is turned on. Technicians must be alert
16    for any unusual or suspect readings, and if unusual or
17    suspect readings of a radar unit persist, that unit shall
18    immediately be removed from service and not returned to
19    service until it has been checked by a qualified
20    technician and determined to be functioning properly.
21    Documentation of the annual calibration results, including
22    the equipment tested, test date, technician performing the
23    test, and test results, shall be maintained and available
24    for use in the determination of an automated speed
25    enforcement system violation and issuance of a citation.
26    The technician performing the calibration and testing of

 

 

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1    the automated speed enforcement equipment shall be trained
2    and certified in the use of equipment for speed
3    enforcement purposes. Training on the speed enforcement
4    equipment may be conducted by law enforcement, civilian,
5    or manufacturer's personnel and if applicable may be
6    equivalent to the equipment use and operations training
7    included in the Speed Measuring Device Operator Program
8    developed by the National Highway Traffic Safety
9    Administration (NHTSA). The vendor or technician who
10    performs the work shall keep accurate records on each
11    piece of equipment the technician calibrates and tests. As
12    used in this paragraph, "fully trained fully-trained
13    reviewing technician" means a person who has received at
14    least 40 hours of supervised training in subjects which
15    shall include image inspection and interpretation, the
16    elements necessary to prove a violation, license plate
17    identification, and traffic safety and management. In all
18    municipalities and counties, the automated speed
19    enforcement system or automated traffic law ordinance
20    shall require that no additional fee shall be charged to
21    the alleged violator for exercising his or her right to an
22    administrative hearing, and persons shall be given at
23    least 25 days following an administrative hearing to pay
24    any civil penalty imposed by a finding that Section
25    11-208.6, 11-208.8, 11-208.9, or 11-1201.1 or a similar
26    local ordinance has been violated. The original or a

 

 

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1    facsimile of the violation notice or, in the case of a
2    notice produced by a computerized device, a printed record
3    generated by the device showing the facts entered on the
4    notice, shall be retained by the traffic compliance
5    administrator, and shall be a record kept in the ordinary
6    course of business. A parking, standing, compliance,
7    automated speed enforcement system, or automated traffic
8    law violation notice issued, signed, and served in
9    accordance with this Section, a copy of the notice, or the
10    computer-generated computer generated record shall be
11    prima facie correct and shall be prima facie evidence of
12    the correctness of the facts shown on the notice. The
13    notice, copy, or computer-generated computer generated
14    record shall be admissible in any subsequent
15    administrative or legal proceedings.
16        (4) An opportunity for a hearing for the registered
17    owner of the vehicle cited in the parking, standing,
18    compliance, automated speed enforcement system, or
19    automated traffic law violation notice in which the owner
20    may contest the merits of the alleged violation, and
21    during which formal or technical rules of evidence shall
22    not apply; provided, however, that under Section 11-1306
23    of this Code the lessee of a vehicle cited in the violation
24    notice likewise shall be provided an opportunity for a
25    hearing of the same kind afforded the registered owner.
26    The hearings shall be recorded, and the person conducting

 

 

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1    the hearing on behalf of the traffic compliance
2    administrator shall be empowered to administer oaths and
3    to secure by subpoena both the attendance and testimony of
4    witnesses and the production of relevant books and papers.
5    Persons appearing at a hearing under this Section may be
6    represented by counsel at their expense. The ordinance may
7    also provide for internal administrative review following
8    the decision of the hearing officer.
9        (5) Service of additional notices, sent by first class
10    United States mail, postage prepaid, to the address of the
11    registered owner of the cited vehicle as recorded with the
12    Secretary of State or, if any notice to that address is
13    returned as undeliverable, to the last known address
14    recorded in a United States Post Office approved database,
15    or, under Section 11-1306 or subsection (p) of Section
16    11-208.6 or 11-208.9, or subsection (p) of Section
17    11-208.8 of this Code, to the lessee of the cited vehicle
18    at the last address known to the lessor of the cited
19    vehicle at the time of lease or, if any notice to that
20    address is returned as undeliverable, to the last known
21    address recorded in a United States Post Office approved
22    database. The service shall be deemed complete as of the
23    date of deposit in the United States mail. The notices
24    shall be in the following sequence and shall include, but
25    not be limited to, the information specified herein:
26            (i) A second notice of parking, standing, or

 

 

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1        compliance violation if the first notice of the
2        violation was issued by affixing the original or a
3        facsimile of the notice to the unlawfully parked
4        vehicle or by handing the notice to the operator. This
5        notice shall specify or include the date and location
6        of the violation cited in the parking, standing, or
7        compliance violation notice, the particular regulation
8        violated, the vehicle make or a photograph of the
9        vehicle, the state registration number of the vehicle,
10        any requirement to complete a traffic education
11        program, the fine and any penalty that may be assessed
12        for late payment or failure to complete a traffic
13        education program, or both, when so provided by
14        ordinance, the availability of a hearing in which the
15        violation may be contested on its merits, and the time
16        and manner in which the hearing may be had. The notice
17        of violation shall also state that failure to complete
18        a required traffic education program, to pay the
19        indicated fine and any applicable penalty, or to
20        appear at a hearing on the merits in the time and
21        manner specified, will result in a final determination
22        of violation liability for the cited violation in the
23        amount of the fine or penalty indicated, and that,
24        upon the occurrence of a final determination of
25        violation liability for the failure, and the
26        exhaustion of, or failure to exhaust, available

 

 

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1        administrative or judicial procedures for review, any
2        incomplete traffic education program or any unpaid
3        fine or penalty, or both, will constitute a debt due
4        and owing the municipality or county.
5            (ii) A notice of final determination of parking,
6        standing, compliance, automated speed enforcement
7        system, or automated traffic law violation liability.
8        This notice shall be sent following a final
9        determination of parking, standing, compliance,
10        automated speed enforcement system, or automated
11        traffic law violation liability and the conclusion of
12        judicial review procedures taken under this Section.
13        The notice shall state that the incomplete traffic
14        education program or the unpaid fine or penalty, or
15        both, is a debt due and owing the municipality or
16        county. The notice shall contain warnings that failure
17        to complete any required traffic education program or
18        to pay any fine or penalty due and owing the
19        municipality or county, or both, within the time
20        specified may result in the municipality's or county's
21        filing of a petition in the Circuit Court to have the
22        incomplete traffic education program or unpaid fine or
23        penalty, or both, rendered a judgment as provided by
24        this Section, or, where applicable, may result in
25        suspension of the person's driver's drivers license
26        for failure to complete a traffic education program or

 

 

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1        to pay fines or penalties, or both, for 5 or more
2        automated traffic law violations under Section
3        11-208.6 or 11-208.9 or automated speed enforcement
4        system violations under Section 11-208.8.
5        (6) A notice of impending driver's drivers license
6    suspension. This notice shall be sent to the person liable
7    for failure to complete a required traffic education
8    program or to pay any fine or penalty that remains due and
9    owing, or both, on 5 or more unpaid automated speed
10    enforcement system or automated traffic law violations.
11    The notice shall state that failure to complete a required
12    traffic education program or to pay the fine or penalty
13    owing, or both, within 45 days of the notice's date will
14    result in the municipality or county notifying the
15    Secretary of State that the person is eligible for
16    initiation of suspension proceedings under Section 6-306.5
17    of this Code. The notice shall also state that the person
18    may obtain a photostatic copy of an original ticket
19    imposing a fine or penalty by sending a self-addressed
20    self addressed, stamped envelope to the municipality or
21    county along with a request for the photostatic copy. The
22    notice of impending driver's drivers license suspension
23    shall be sent by first class United States mail, postage
24    prepaid, to the address recorded with the Secretary of
25    State or, if any notice to that address is returned as
26    undeliverable, to the last known address recorded in a

 

 

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1    United States Post Office approved database.
2        (7) Final determinations of violation liability. A
3    final determination of violation liability shall occur
4    following failure to complete the required traffic
5    education program or to pay the fine or penalty, or both,
6    after a hearing officer's determination of violation
7    liability and the exhaustion of or failure to exhaust any
8    administrative review procedures provided by ordinance.
9    Where a person fails to appear at a hearing to contest the
10    alleged violation in the time and manner specified in a
11    prior mailed notice, the hearing officer's determination
12    of violation liability shall become final: (A) upon denial
13    of a timely petition to set aside that determination, or
14    (B) upon expiration of the period for filing the petition
15    without a filing having been made.
16        (8) A petition to set aside a determination of
17    parking, standing, compliance, automated speed enforcement
18    system, or automated traffic law violation liability that
19    may be filed by a person owing an unpaid fine or penalty. A
20    petition to set aside a determination of liability may
21    also be filed by a person required to complete a traffic
22    education program. The petition shall be filed with and
23    ruled upon by the traffic compliance administrator in the
24    manner and within the time specified by ordinance. The
25    grounds for the petition may be limited to: (A) the person
26    not having been the owner or lessee of the cited vehicle on

 

 

HB3980- 31 -LRB102 04375 HEP 14393 b

1    the date the violation notice was issued, (B) the person
2    having already completed the required traffic education
3    program or paid the fine or penalty, or both, for the
4    violation in question, and (C) excusable failure to appear
5    at or request a new date for a hearing. With regard to
6    municipalities or counties with a population of 1 million
7    or more, it shall be grounds for dismissal of a parking
8    violation if the state registration number or vehicle
9    make, only if specified in the violation notice, is
10    incorrect. After the determination of parking, standing,
11    compliance, automated speed enforcement system, or
12    automated traffic law violation liability has been set
13    aside upon a showing of just cause, the registered owner
14    shall be provided with a hearing on the merits for that
15    violation.
16        (9) Procedures for non-residents. Procedures by which
17    persons who are not residents of the municipality or
18    county may contest the merits of the alleged violation
19    without attending a hearing.
20        (10) A schedule of civil fines for violations of
21    vehicular standing, parking, compliance, automated speed
22    enforcement system, or automated traffic law regulations
23    enacted by ordinance pursuant to this Section, and a
24    schedule of penalties for late payment of the fines or
25    failure to complete required traffic education programs,
26    provided, however, that the total amount of the fine and

 

 

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1    penalty for any one violation shall not exceed $250,
2    except as provided in subsection (c) of Section 11-1301.3
3    of this Code.
4        (11) Other provisions as are necessary and proper to
5    carry into effect the powers granted and purposes stated
6    in this Section.
7    (c) Any municipality or county establishing vehicular
8standing, parking, compliance, automated speed enforcement
9system, or automated traffic law regulations under this
10Section may also provide by ordinance for a program of vehicle
11immobilization for the purpose of facilitating enforcement of
12those regulations. The program of vehicle immobilization shall
13provide for immobilizing any eligible vehicle upon the public
14way by presence of a restraint in a manner to prevent operation
15of the vehicle. Any ordinance establishing a program of
16vehicle immobilization under this Section shall provide:
17        (1) Criteria for the designation of vehicles eligible
18    for immobilization. A vehicle shall be eligible for
19    immobilization when the registered owner of the vehicle
20    has accumulated the number of incomplete traffic education
21    programs or unpaid final determinations of parking,
22    standing, compliance, automated speed enforcement system,
23    or automated traffic law violation liability, or both, as
24    determined by ordinance.
25        (2) A notice of impending vehicle immobilization and a
26    right to a hearing to challenge the validity of the notice

 

 

HB3980- 33 -LRB102 04375 HEP 14393 b

1    by disproving liability for the incomplete traffic
2    education programs or unpaid final determinations of
3    parking, standing, compliance, automated speed enforcement
4    system, or automated traffic law violation liability, or
5    both, listed on the notice.
6        (3) The right to a prompt hearing after a vehicle has
7    been immobilized or subsequently towed without the
8    completion of the required traffic education program or
9    payment of the outstanding fines and penalties on parking,
10    standing, compliance, automated speed enforcement system,
11    or automated traffic law violations, or both, for which
12    final determinations have been issued. An order issued
13    after the hearing is a final administrative decision
14    within the meaning of Section 3-101 of the Code of Civil
15    Procedure.
16        (4) A post immobilization and post-towing notice
17    advising the registered owner of the vehicle of the right
18    to a hearing to challenge the validity of the impoundment.
19    (d) Judicial review of final determinations of parking,
20standing, compliance, automated speed enforcement system, or
21automated traffic law violations and final administrative
22decisions issued after hearings regarding vehicle
23immobilization and impoundment made under this Section shall
24be subject to the provisions of the Administrative Review Law.
25    (e) Any fine, penalty, incomplete traffic education
26program, or part of any fine or any penalty remaining unpaid

 

 

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1after the exhaustion of, or the failure to exhaust,
2administrative remedies created under this Section and the
3conclusion of any judicial review procedures shall be a debt
4due and owing the municipality or county and, as such, may be
5collected in accordance with applicable law. Completion of any
6required traffic education program and payment in full of any
7fine or penalty resulting from a standing, parking,
8compliance, automated speed enforcement system, or automated
9traffic law violation shall constitute a final disposition of
10that violation.
11    (f) After the expiration of the period within which
12judicial review may be sought for a final determination of
13parking, standing, compliance, automated speed enforcement
14system, or automated traffic law violation, the municipality
15or county may commence a proceeding in the Circuit Court for
16purposes of obtaining a judgment on the final determination of
17violation. Nothing in this Section shall prevent a
18municipality or county from consolidating multiple final
19determinations of parking, standing, compliance, automated
20speed enforcement system, or automated traffic law violations
21against a person in a proceeding. Upon commencement of the
22action, the municipality or county shall file a certified copy
23or record of the final determination of parking, standing,
24compliance, automated speed enforcement system, or automated
25traffic law violation, which shall be accompanied by a
26certification that recites facts sufficient to show that the

 

 

HB3980- 35 -LRB102 04375 HEP 14393 b

1final determination of violation was issued in accordance with
2this Section and the applicable municipal or county ordinance.
3Service of the summons and a copy of the petition may be by any
4method provided by Section 2-203 of the Code of Civil
5Procedure or by certified mail, return receipt requested,
6provided that the total amount of fines and penalties for
7final determinations of parking, standing, compliance,
8automated speed enforcement system, or automated traffic law
9violations does not exceed $2500. If the court is satisfied
10that the final determination of parking, standing, compliance,
11automated speed enforcement system, or automated traffic law
12violation was entered in accordance with the requirements of
13this Section and the applicable municipal or county ordinance,
14and that the registered owner or the lessee, as the case may
15be, had an opportunity for an administrative hearing and for
16judicial review as provided in this Section, the court shall
17render judgment in favor of the municipality or county and
18against the registered owner or the lessee for the amount
19indicated in the final determination of parking, standing,
20compliance, automated speed enforcement system, or automated
21traffic law violation, plus costs. The judgment shall have the
22same effect and may be enforced in the same manner as other
23judgments for the recovery of money.
24    (g) The fee for participating in a traffic education
25program under this Section shall not exceed $25.
26    A low-income individual required to complete a traffic

 

 

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1education program under this Section who provides proof of
2eligibility for the federal earned income tax credit under
3Section 32 of the Internal Revenue Code or the Illinois earned
4income tax credit under Section 212 of the Illinois Income Tax
5Act shall not be required to pay any fee for participating in a
6required traffic education program.
7(Source: P.A. 101-32, eff. 6-28-19; 101-623, eff. 7-1-20;
8revised 12-21-20.)
 
9    (625 ILCS 5/11-208.8)
10    Sec. 11-208.8. Automated speed enforcement systems in
11safety zones.
12    (a) As used in this Section:
13    "Automated speed enforcement system" means a photographic
14device, radar device, laser device, or other electrical or
15mechanical device or devices installed or utilized in a safety
16zone and designed to record the speed of a vehicle and obtain a
17clear photograph or other recorded image of the vehicle and
18the vehicle's registration plate or digital registration plate
19while the driver is violating Article VI of Chapter 11 of this
20Code or a similar provision of a local ordinance.
21    An automated speed enforcement system is a system, located
22in a safety zone which is under the jurisdiction of a
23municipality, that produces a recorded image of a motor
24vehicle's violation of a provision of this Code or a local
25ordinance and is designed to obtain a clear recorded image of

 

 

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1the vehicle and the vehicle's license plate. The recorded
2image must also display the time, date, and location of the
3violation.
4    "Owner" means the person or entity to whom the vehicle is
5registered.
6    "Recorded image" means images recorded by an automated
7speed enforcement system on:
8        (1) 2 or more photographs;
9        (2) 2 or more microphotographs;
10        (3) 2 or more electronic images; or
11        (4) a video recording showing the motor vehicle and,
12    on at least one image or portion of the recording, clearly
13    identifying the registration plate or digital registration
14    plate number of the motor vehicle.
15    "Safety zone" means an area that is within one-eighth of a
16mile from the nearest property line of any public or private
17elementary or secondary school, or from the nearest property
18line of any facility, area, or land owned by a school district
19that is used for educational purposes approved by the Illinois
20State Board of Education, not including school district
21headquarters or administrative buildings. A safety zone also
22includes an area that is within one-eighth of a mile from the
23nearest property line of any facility, area, or land owned by a
24park district used for recreational purposes. However, if any
25portion of a roadway is within either one-eighth mile radius,
26the safety zone also shall include the roadway extended to the

 

 

HB3980- 38 -LRB102 04375 HEP 14393 b

1furthest portion of the next furthest intersection. The term
2"safety zone" does not include any portion of the roadway
3known as Lake Shore Drive or any controlled access highway
4with 8 or more lanes of traffic.
5    (a-5) The automated speed enforcement system shall be
6operational and violations shall be recorded only at the
7following times:
8        (i) if the safety zone is based upon the property line
9    of any facility, area, or land owned by a school district,
10    only on school days and no earlier than 6 a.m. and no later
11    than 8:30 p.m. if the school day is during the period of
12    Monday through Thursday, or 9 p.m. if the school day is a
13    Friday; and
14        (ii) if the safety zone is based upon the property
15    line of any facility, area, or land owned by a park
16    district, no earlier than one hour prior to the time that
17    the facility, area, or land is open to the public or other
18    patrons, and no later than one hour after the facility,
19    area, or land is closed to the public or other patrons.
20    (b) A municipality that produces a recorded image of a
21motor vehicle's violation of a provision of this Code or a
22local ordinance must make the recorded images of a violation
23accessible to the alleged violator by providing the alleged
24violator with a website address, accessible through the
25Internet.
26    (c) Notwithstanding any penalties for any other violations

 

 

HB3980- 39 -LRB102 04375 HEP 14393 b

1of this Code, the owner of a motor vehicle used in a traffic
2violation recorded by an automated speed enforcement system
3shall be subject to the following penalties:
4        (1) if the recorded speed is no less than 6 miles per
5    hour and no more than 10 miles per hour over the legal
6    speed limit, a civil penalty not exceeding $50, plus an
7    additional penalty of not more than $50 for failure to pay
8    the original penalty in a timely manner; or
9        (2) if the recorded speed is more than 10 miles per
10    hour over the legal speed limit, a civil penalty not
11    exceeding $100, plus an additional penalty of not more
12    than $100 for failure to pay the original penalty in a
13    timely manner.
14    A penalty may not be imposed under this Section if the
15driver of the motor vehicle received a Uniform Traffic
16Citation from a police officer for a speeding violation
17occurring within one-eighth of a mile and 15 minutes of the
18violation that was recorded by the system. A violation for
19which a civil penalty is imposed under this Section is not a
20violation of a traffic regulation governing the movement of
21vehicles and may not be recorded on the driving record of the
22owner of the vehicle. A law enforcement officer is not
23required to be present or to witness the violation. No penalty
24may be imposed under this Section if the recorded speed of a
25vehicle is 5 miles per hour or less over the legal speed limit.
26The municipality may send, in the same manner that notices are

 

 

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1sent under this Section, a speed violation warning notice
2where the violation involves a speed of 5 miles per hour or
3less above the legal speed limit.
4    (d) The net proceeds that a municipality receives from
5civil penalties imposed under an automated speed enforcement
6system, after deducting all non-personnel and personnel costs
7associated with the operation and maintenance of such system,
8shall be expended or obligated by the municipality for the
9following purposes:
10        (i) public safety initiatives to ensure safe passage
11    around schools, and to provide police protection and
12    surveillance around schools and parks, including but not
13    limited to: (1) personnel costs; and (2) non-personnel
14    costs such as construction and maintenance of public
15    safety infrastructure and equipment;
16        (ii) initiatives to improve pedestrian and traffic
17    safety;
18        (iii) construction and maintenance of infrastructure
19    within the municipality, including but not limited to
20    roads and bridges; and
21        (iv) after school programs.
22    (e) For each violation of a provision of this Code or a
23local ordinance recorded by an automated speed enforcement
24system, the municipality having jurisdiction shall issue a
25written notice of the violation to the registered owner of the
26vehicle as the alleged violator. The notice shall be delivered

 

 

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1to the registered owner of the vehicle, by mail, within 30 days
2after the Secretary of State notifies the municipality of the
3identity of the owner of the vehicle, but in no event later
4than 90 days after the violation.
5    (f) The notice required under subsection (e) of this
6Section shall include:
7        (1) the name and address of the registered owner of
8    the vehicle;
9        (2) the registration number of the motor vehicle
10    involved in the violation;
11        (3) the violation charged;
12        (4) the date, time, and location where the violation
13    occurred;
14        (5) a copy of the recorded image or images;
15        (6) the amount of the civil penalty imposed and the
16    date by which the civil penalty should be paid;
17        (7) a statement that recorded images are evidence of a
18    violation of a speed restriction;
19        (8) a warning that failure to pay the civil penalty or
20    to contest liability in a timely manner is an admission of
21    liability and may result in a suspension of the driving
22    privileges of the registered owner of the vehicle;
23        (9) a statement that the person may elect to proceed
24    by:
25            (A) paying the fine; or
26            (B) challenging the charge in court, by mail, or

 

 

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1        by administrative hearing; and
2        (10) a website address, accessible through the
3    Internet, where the person may view the recorded images of
4    the violation.
5    (g) If a person charged with a traffic violation, as a
6result of an automated speed enforcement system, does not pay
7the fine or successfully contest the civil penalty resulting
8from that violation, the Secretary of State shall suspend the
9driving privileges of the registered owner of the vehicle
10under Section 6-306.5 of this Code for failing to pay any fine
11or penalty due and owing, or both, as a result of a combination
12of 5 violations of the automated speed enforcement system or
13the automated traffic law under Section 11-208.6 of this Code.
14    (h) Based on inspection of recorded images produced by an
15automated speed enforcement system, a notice alleging that the
16violation occurred shall be evidence of the facts contained in
17the notice and admissible in any proceeding alleging a
18violation under this Section.
19    (i) Recorded images made by an automated speed enforcement
20system are confidential and shall be made available only to
21the alleged violator and governmental and law enforcement
22agencies for purposes of adjudicating a violation of this
23Section, for statistical purposes, or for other governmental
24purposes. Any recorded image evidencing a violation of this
25Section, however, may be admissible in any proceeding
26resulting from the issuance of the citation.

 

 

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1    (j) The court or hearing officer may consider in defense
2of a violation:
3        (1) that the motor vehicle or registration plates or
4    digital registration plates of the motor vehicle were
5    stolen before the violation occurred and not under the
6    control or in the possession of the owner at the time of
7    the violation;
8        (2) that the driver of the motor vehicle received a
9    Uniform Traffic Citation from a police officer for a
10    speeding violation occurring within one-eighth of a mile
11    and 15 minutes of the violation that was recorded by the
12    system; and
13        (3) any other evidence or issues provided by municipal
14    ordinance.
15    (k) To demonstrate that the motor vehicle or the
16registration plates or digital registration plates were stolen
17before the violation occurred and were not under the control
18or possession of the owner at the time of the violation, the
19owner must submit proof that a report concerning the stolen
20motor vehicle or registration plates was filed with a law
21enforcement agency in a timely manner.
22    (l) A roadway equipped with an automated speed enforcement
23system shall be posted with a sign conforming to the national
24Manual on Uniform Traffic Control Devices that is visible to
25approaching traffic stating that vehicle speeds are being
26photo-enforced and indicating the speed limit. The

 

 

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1municipality shall install such additional signage as it
2determines is necessary to give reasonable notice to drivers
3as to where automated speed enforcement systems are installed.
4    (m) A roadway where a new automated speed enforcement
5system is installed shall be posted with signs providing 30
6days notice of the use of a new automated speed enforcement
7system prior to the issuance of any citations through the
8automated speed enforcement system.
9    (n) The compensation paid for an automated speed
10enforcement system must be based on the value of the equipment
11or the services provided and may not be based on the number of
12traffic citations issued or the revenue generated by the
13system.
14    (o) A municipality shall make a certified report to the
15Secretary of State pursuant to Section 6-306.5 of this Code
16whenever a registered owner of a vehicle has failed to pay any
17fine or penalty due and owing as a result of a combination of 5
18offenses for automated speed or traffic law enforcement system
19violations.
20    (p) No person who is the lessor of a motor vehicle pursuant
21to a written lease agreement shall be liable for an automated
22speed or traffic law enforcement system violation involving
23such motor vehicle during the period of the lease; provided
24that upon the request of the appropriate authority received
25within 120 days after the violation occurred, the lessor
26provides within 60 days after such receipt the name and

 

 

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1address of the lessee. The drivers license number of a lessee
2may be subsequently individually requested by the appropriate
3authority if needed for enforcement of this Section.
4    Upon the provision of information by the lessor pursuant
5to this subsection, the municipality may issue the violation
6to the lessee of the vehicle in the same manner as it would
7issue a violation to a registered owner of a vehicle pursuant
8to this Section, and the lessee may be held liable for the
9violation.
10    (q) A municipality using an automated speed enforcement
11system must provide notice to drivers by publishing the
12locations of all safety zones where system equipment is
13installed on the website of the municipality.
14    (r) A municipality operating an automated speed
15enforcement system shall conduct a statistical analysis to
16assess the safety impact of the system. The statistical
17analysis shall be based upon the best available crash,
18traffic, and other data, and shall cover a period of time
19before and after installation of the system sufficient to
20provide a statistically valid comparison of safety impact. The
21statistical analysis shall be consistent with professional
22judgment and acceptable industry practice. The statistical
23analysis also shall be consistent with the data required for
24valid comparisons of before and after conditions and shall be
25conducted within a reasonable period following the
26installation of the automated traffic law enforcement system.

 

 

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1The statistical analysis required by this subsection shall be
2made available to the public and shall be published on the
3website of the municipality.
4    (s) This Section applies only to municipalities with a
5population of 1,000,000 or more inhabitants.
6    (t) Except as provided in this Section, a county or
7municipality, including a home rule county or municipality,
8may not use an automated speed enforcement system to provide
9recorded images of a motor vehicle for the purpose of
10recording its speed. Except as provided under this Section,
11the regulation of the use of automated speed enforcement
12systems to record vehicle speeds is an exclusive power and
13function of the State. This subsection (c) is a denial and
14limitation of home rule powers and functions under subsection
15(h) of Section 6 of Article VII of the Illinois Constitution.
16(Source: P.A. 101-395, eff. 8-16-19.)
 
17    (625 ILCS 5/11-208.6 rep.)
18    Section 10. The Illinois Vehicle Code is amended by
19repealing Section 11-208.6.
 
20    Section 90. The State Mandates Act is amended by adding
21Section 8.45 as follows:
 
22    (30 ILCS 805/8.45 new)
23    Sec. 8.45. Exempt mandate. Notwithstanding Sections 6 and

 

 

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18 of this Act, no reimbursement by the State is required for
2the implementation of any mandate created by this amendatory
3Act of the 102nd General Assembly.