Illinois General Assembly - Full Text of HB4353
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Full Text of HB4353  99th General Assembly

HB4353 99TH GENERAL ASSEMBLY

  
  

 


 
99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB4353

 

Introduced , by Rep. Sonya M. Harper

 

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 5/11-208.9
625 ILCS 5/11-612
625 ILCS 5/11-208.6 rep.
625 ILCS 5/11-208.8 rep.

    Amends the Illinois Vehicle Code. Repeals Sections providing authority to municipalities and counties to use automated traffic law enforcement systems at intersections and in school or park safety zones, in which cameras are used to photograph or video record a motor vehicle's violation of a stop, yield, or speed requirement. Denies home rule powers. Makes conforming and other technical changes. Effective immediately.


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FISCAL NOTE ACT MAY APPLY
HOME RULE NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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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 changing
5Sections 1-105.2, 3-400, 6-306.5, 11-208, 11-208.3, 11-208.9,
6and 11-612 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 to
16them 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 transportation

 

 

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1of chartered parties, and government owned vehicles that are
2used or intended for use in 2 or more member jurisdictions that
3allocate or proportionally register vehicles, in a fleet which
4is used for the transportation of persons for hire or the
5transportation of property and which has a gross vehicle weight
6in excess of 26,000 pounds; or has three or more axles
7regardless of weight; or is used in combination when the weight
8of such combination exceeds 26,000 pounds gross vehicle weight.
9Vehicles, or combinations having a gross vehicle weight of
1026,000 pounds or less and two-axle vehicles may be
11proportionally registered at the option of such owner.
12    "Base Jurisdiction" means, for purposes of fleet
13registration, the jurisdiction where the registrant has an
14established place of business, where operational records of the
15fleet are maintained and where mileage is accrued by the fleet.
16In case a registrant operates more than one fleet, and
17maintains records for each fleet in different places, the "base
18jurisdiction" for a fleet shall be the jurisdiction where an
19established place of business is maintained, where records of
20the operation of that fleet are maintained and where mileage is
21accrued by that fleet.
22    "Operational Records" means documents supporting miles
23traveled in each jurisdiction and total miles traveled, such as
24fuel reports, trip leases, and logs.
25    "Owner" means a person who holds legal title of a motor
26vehicle, or in the event a motor vehicle is the subject of an

 

 

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1agreement for the conditional sale or lease thereof with the
2right of purchase upon performance of the conditions stated in
3the agreement and with an immediate right of possession vested
4in the conditional vendee or lessee with right of purchase, or
5in the event a mortgagor of such motor vehicle is entitled to
6possession, or in the event a lessee of such motor vehicle is
7entitled to possession or control, then such conditional vendee
8or lessee with right of purchase or mortgagor or lessee is
9considered to be the owner for the purpose of this Act.
10    "Registration plate cover" means any tinted, colored,
11painted, marked, clear, or illuminated object that is designed
12to (i) cover any of the characters of a motor vehicle's
13registration plate; or (ii) distort a recorded image of any of
14the characters of a motor vehicle's registration plate recorded
15by an automated enforcement system as defined in Section
1611-208.9 11-208.6, 11-208.8, or 11-1201.1 of this Code or
17recorded by an automated traffic control system as defined in
18Section 15 of the Automated Traffic Control Systems in Highway
19Construction or Maintenance Zones Act.
20    "Rental Owner" means an owner principally engaged, with
21respect to one or more rental fleets, in renting to others or
22offering for rental the vehicles of such fleets, without
23drivers.
24    "Restricted Plates" shall include, but is not limited to,
25dealer, manufacturer, transporter, farm, repossessor, and
26permanently mounted type plates. Vehicles displaying any of

 

 

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1these type plates from a foreign jurisdiction that is a member
2of the International Registration Plan shall be granted
3reciprocity but shall be subject to the same limitations as
4similar plated Illinois registered vehicles.
5(Source: P.A. 98-463, eff. 8-16-13; 99-78, eff. 7-20-15.)
 
6    (625 ILCS 5/6-306.5)  (from Ch. 95 1/2, par. 6-306.5)
7    Sec. 6-306.5. Failure to pay fine or penalty for standing,
8parking, compliance, automated speed enforcement system, or
9automated traffic law violations; suspension of driving
10privileges.
11    (a) Upon receipt of a certified report, as prescribed by
12subsection (c) of this Section, from any municipality or county
13stating that the owner of a registered vehicle: (1) has failed
14to pay any fine or penalty due and owing as a result of 10 or
15more violations of a municipality's or county's vehicular
16standing, parking, or compliance regulations established by
17ordinance pursuant to Section 11-208.3 of this Code, (2) has
18failed to pay any fine or penalty due and owing as a result of 5
19offenses for automated speed enforcement system violations or
20automated traffic violations as defined in Section Sections
2111-208.6, 11-208.8, 11-208.9, or 11-1201.1, or combination
22thereof, or (3) is more than 14 days in default of a payment
23plan pursuant to which a suspension had been terminated under
24subsection (c) of this Section, the Secretary of State shall
25suspend the driving privileges of such person in accordance

 

 

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

 

 

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

 

 

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

 

 

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1(1) the person not having been the owner or lessee of the
2vehicle or vehicles receiving 10 or more standing, parking, or
3compliance violation notices or a combination of 5 or more
4automated speed enforcement system or automated traffic law
5violations on the date or dates such notices were issued; and
6(2) the person having already paid the fine or penalty for the
710 or more standing, parking, or compliance violations or
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 vehicular standing, parking, and
13compliance regulations under pursuant to Section 11-208.3,
14automated speed enforcement system regulations under Section
1511-208.8, or automated traffic law regulations under Section
1611-208.6, 11-208.9, or 11-1201.1, may also cause a suspension
17of a person's drivers license pursuant to this Section. Such
18municipality or county may invoke this sanction by making a
19certified report to the Secretary of State upon a person's
20failure to satisfy any fine or penalty imposed by final
21judgment for 10 or more violations of local standing, parking,
22or compliance regulations or a combination of 5 or more
23automated speed enforcement system or automated traffic law
24violations after exhaustion of judicial review procedures, but
25only if:
26        (1) the municipality or county complies with the

 

 

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1    provisions of this Section in all respects except in regard
2    to enacting an ordinance pursuant to Section 11-208.3;
3        (2) the municipality or county has sent a notice of
4    impending drivers license suspension as prescribed by an
5    ordinance enacted pursuant to subsection (g) of this
6    Section; and
7        (3) in municipalities or counties with a population of
8    1,000,000 or more, the municipality or county has verified
9    that the alleged violator's State vehicle registration
10    number and vehicle make are correct as they appear on the
11    citations.
12    (g) Any municipality or county, other than a municipality
13or county establishing standing, parking, and compliance
14regulations under pursuant to Section 11-208.3, automated
15speed enforcement system regulations under Section 11-208.8,
16or automated traffic law regulations under Section 11-208.6,
1711-208.9, or 11-1201.1, may provide by ordinance for the
18sending of a notice of impending drivers license suspension to
19the person who has failed to satisfy any fine or penalty
20imposed by final judgment for 10 or more violations of local
21standing, parking, or compliance regulations or a combination
22of 5 or more automated speed enforcement system or automated
23traffic law violations after exhaustion of judicial review
24procedures. An ordinance so providing shall specify that the
25notice sent to the person liable for any fine or penalty shall
26state that failure to pay the fine or penalty owing within 45

 

 

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1days of the notice's date will result in the municipality or
2county notifying the Secretary of State that the person's
3drivers license is eligible for suspension pursuant to this
4Section. The notice of impending drivers license suspension
5shall be sent by first class United States mail, postage
6prepaid, to the address recorded with the Secretary of State or
7at the last address known to the lessor of the cited vehicle at
8the time of lease or, if any notice sent under Section 11-208.3
9of this Code is returned as undeliverable, to the last known
10address recorded in a United States Post Office approved
11database.
12    (h) An administrative hearing to contest an impending
13suspension or a suspension made pursuant to this Section may be
14had upon filing a written request with the Secretary of State.
15The filing fee for this hearing shall be $20, to be paid at the
16time the request is made. A municipality or county which files
17a certified report with the Secretary of State pursuant to this
18Section shall reimburse the Secretary for all reasonable costs
19incurred by the Secretary as a result of the filing of the
20report, including but not limited to the costs of providing the
21notice required pursuant to subsection (b) and the costs
22incurred by the Secretary in any hearing conducted with respect
23to the report pursuant to this subsection and any appeal from
24such a hearing.
25    (i) The provisions of this Section shall apply on and after
26January 1, 1988.

 

 

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1    (j) For purposes of this Section, the term "compliance
2violation" is defined as in Section 11-208.3.
3(Source: P.A. 97-333, eff. 8-12-11; 97-672, eff. 7-1-12;
498-556, eff. 1-1-14.)
 
5    (625 ILCS 5/11-208)   (from Ch. 95 1/2, par. 11-208)
6    Sec. 11-208. Powers of local authorities.
7    (a) The provisions of this Code shall not be deemed to
8prevent local authorities with respect to streets and highways
9under their jurisdiction and within the reasonable exercise of
10the police power from:
11        1. Regulating the standing or parking of vehicles,
12    except as limited by Sections 11-1306 and 11-1307 of this
13    Act;
14        2. Regulating traffic by means of police officers or
15    traffic control signals;
16        3. Regulating or prohibiting processions or
17    assemblages on the highways; and certifying persons to
18    control traffic for processions or assemblages;
19        4. Designating particular highways as one-way highways
20    and requiring that all vehicles thereon be moved in one
21    specific direction;
22        5. Regulating the speed of vehicles in public parks
23    subject to the limitations set forth in Section 11-604;
24        6. Designating any highway as a through highway, as
25    authorized in Section 11-302, and requiring that all

 

 

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1    vehicles stop before entering or crossing the same or
2    designating any intersection as a stop intersection or a
3    yield right-of-way intersection and requiring all vehicles
4    to stop or yield the right-of-way at one or more entrances
5    to such intersections;
6        7. Restricting the use of highways as authorized in
7    Chapter 15;
8        8. Regulating the operation of bicycles and requiring
9    the registration and licensing of same, including the
10    requirement of a registration fee;
11        9. Regulating or prohibiting the turning of vehicles or
12    specified types of vehicles at intersections;
13        10. Altering the speed limits as authorized in Section
14    11-604;
15        11. Prohibiting U-turns;
16        12. Prohibiting pedestrian crossings at other than
17    designated and marked crosswalks or at intersections;
18        13. Prohibiting parking during snow removal operation;
19        14. Imposing fines in accordance with Section
20    11-1301.3 as penalties for use of any parking place
21    reserved for persons with disabilities, as defined by
22    Section 1-159.1, or veterans with disabilities by any
23    person using a motor vehicle not bearing registration
24    plates specified in Section 11-1301.1 or a special decal or
25    device as defined in Section 11-1301.2 as evidence that the
26    vehicle is operated by or for a person with disabilities or

 

 

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1    a veteran with a disability;
2        15. Adopting such other traffic regulations as are
3    specifically authorized by this Code; or
4        16. Enforcing the provisions of subsection (f) of
5    Section 3-413 of this Code or a similar local ordinance.
6    (b) No ordinance or regulation enacted under subsections 1,
74, 5, 6, 7, 9, 10, 11 or 13 of paragraph (a) shall be effective
8until signs giving reasonable notice of such local traffic
9regulations are posted.
10    (c) The provisions of this Code shall not prevent any
11municipality having a population of 500,000 or more inhabitants
12from prohibiting any person from driving or operating any motor
13vehicle upon the roadways of such municipality with headlamps
14on high beam or bright.
15    (d) The provisions of this Code shall not be deemed to
16prevent local authorities within the reasonable exercise of
17their police power from prohibiting, on private property, the
18unauthorized use of parking spaces reserved for persons with
19disabilities.
20    (e) No unit of local government, including a home rule
21unit, may enact or enforce an ordinance that applies only to
22motorcycles if the principal purpose for that ordinance is to
23restrict the access of motorcycles to any highway or portion of
24a highway for which federal or State funds have been used for
25the planning, design, construction, or maintenance of that
26highway. No unit of local government, including a home rule

 

 

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1unit, may enact an ordinance requiring motorcycle users to wear
2protective headgear. Nothing in this subsection (e) shall
3affect the authority of a unit of local government to regulate
4motorcycles for traffic control purposes or in accordance with
5Section 12-602 of this Code. No unit of local government,
6including a home rule unit, may regulate motorcycles in a
7manner inconsistent with this Code. This subsection (e) is a
8limitation under subsection (i) of Section 6 of Article VII of
9the Illinois Constitution on the concurrent exercise by home
10rule units of powers and functions exercised 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 Section
1511-306 of this Code or a similar provision of a local ordinance
16and imposing liability on a registered owner or lessee of a
17vehicle used in such a violation. For the purposes of this
18subsection (f), "automated traffic law enforcement system"
19means a device with one or more motor vehicle sensors working
20in conjunction with a red light signal to produce recorded
21images of motor vehicles entering an intersection against a red
22signal indication in violation of Section 11-306 of this Code
23or a similar provision of a local ordinance. This subsection
24(f) is a denial and limitation of home rule powers and
25functions under subsection (g) of Section 6 of Article VII of
26the 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 Section
411-1201 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) No unit of local government, including a home rule
8unit, A municipality designated in Section 11-208.8 may enact
9or enforce an ordinance providing for an automated speed
10enforcement system to enforce violations of Article VI of
11Chapter 11 of this Code or a similar provision of a local
12ordinance. For purposes of this subsection (h), "automated
13speed enforcement system" means a photographic device, radar
14device, laser device, or other electrical or mechanical device
15or devices installed or utilized and designed to record the
16speed of a vehicle and obtain a clear photograph or other
17recorded image of the vehicle and the vehicle's registration
18plate while the driver is violating Article VI of Chapter 11 of
19this Code or a similar provision of a local ordinance. This
20subsection (h) is a denial and limitation of home rule powers
21and functions under subsection (g) of Section 6 of Article VII
22of the Illinois Constitution.
23    (i) A municipality or county designated in Section 11-208.9
24may enact an ordinance providing for an automated traffic law
25enforcement system to enforce violations of Section 11-1414 of
26this Code or a similar provision of a local ordinance and

 

 

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1imposing liability on a registered owner or lessee of a vehicle
2used in such a violation.
3(Source: P.A. 98-396, eff. 1-1-14; 98-556, eff. 1-1-14; 98-756,
4eff. 7-16-14; 99-143, eff. 7-27-15.)
 
5    (625 ILCS 5/11-208.3)  (from Ch. 95 1/2, par. 11-208.3)
6    Sec. 11-208.3. Administrative adjudication of violations
7of traffic regulations concerning the standing, parking, or
8condition of vehicles, and automated traffic law violations,
9and automated speed enforcement system violations.
10    (a) Any municipality or county may provide by ordinance for
11a system of administrative adjudication of vehicular standing
12and parking violations and vehicle compliance violations as
13described in this subsection, and automated traffic law
14violations as defined in Section 11-208.6, 11-208.9, or
1511-1201.1, and automated speed enforcement system violations
16as defined in Section 11-208.8. The administrative system shall
17have as its purpose the fair and efficient enforcement of
18municipal or county regulations through the administrative
19adjudication of automated speed enforcement system or
20automated traffic law violations and violations of municipal or
21county ordinances regulating the standing and parking of
22vehicles, the condition and use of vehicle equipment, and the
23display of municipal or county wheel tax licenses within the
24municipality's or county's borders. The administrative system
25shall only have authority to adjudicate civil offenses carrying

 

 

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1fines not in excess of $500 or requiring the completion of a
2traffic education program, or both, that occur after the
3effective date of the ordinance adopting such a system under
4this Section. For purposes of this Section, "compliance
5violation" means a violation of a municipal or county
6regulation governing the condition or use of equipment on a
7vehicle or governing the display of a municipal or county wheel
8tax license.
9    (b) Any ordinance establishing a system of administrative
10adjudication under this Section shall provide for:
11        (1) A traffic compliance administrator authorized to
12    adopt, distribute and process parking, compliance, and
13    automated speed enforcement system or automated traffic
14    law violation notices and other notices required by this
15    Section, collect money paid as fines and penalties for
16    violation of parking and compliance ordinances and
17    automated speed enforcement system or automated traffic
18    law violations, and operate an administrative adjudication
19    system. The traffic compliance administrator also may make
20    a certified report to the Secretary of State under Section
21    6-306.5.
22        (2) A parking, standing, compliance, automated speed
23    enforcement system, or automated traffic law violation
24    notice that shall specify the date, time, and place of
25    violation of a parking, standing, compliance, automated
26    speed enforcement system, or automated traffic law

 

 

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1    regulation; the particular regulation violated; any
2    requirement to complete a traffic education program; the
3    fine and any penalty that may be assessed for late payment
4    or failure to complete a required traffic education
5    program, or both, when so provided by ordinance; the
6    vehicle make and state registration number; and the
7    identification number of the person issuing the notice.
8    With regard to automated speed enforcement system or
9    automated traffic law violations, vehicle make shall be
10    specified on the automated speed enforcement system or
11    automated traffic law violation notice if the make is
12    available and readily discernible. With regard to
13    municipalities or counties with a population of 1 million
14    or more, it shall be grounds for dismissal of a parking
15    violation if the state registration number or vehicle make
16    specified is incorrect. The violation notice shall state
17    that the completion of any required traffic education
18    program, the payment of any indicated fine, and the payment
19    of any applicable penalty for late payment or failure to
20    complete a required traffic education program, or both,
21    shall operate as a final disposition of the violation. The
22    notice also shall contain information as to the
23    availability of a hearing in which the violation may be
24    contested on its merits. The violation notice shall specify
25    the time and manner in which a hearing may be had.
26        (3) Service of the parking, standing, or compliance

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1        a traffic education program, the fine and any penalty
2        that may be assessed for late payment or failure to
3        complete a traffic education program, or both, when so
4        provided by ordinance, the availability of a hearing in
5        which the violation may be contested on its merits, and
6        the time and manner in which the hearing may be had.
7        The notice of violation shall also state that failure
8        to complete a required traffic education program, to
9        pay the indicated fine and any applicable penalty, or
10        to appear at a hearing on the merits in the time and
11        manner specified, will result in a final determination
12        of violation liability for the cited violation in the
13        amount of the fine or penalty indicated, and that, upon
14        the occurrence of a final determination of violation
15        liability for the failure, and the exhaustion of, or
16        failure to exhaust, available administrative or
17        judicial procedures for review, any incomplete traffic
18        education program or any unpaid fine or penalty, or
19        both, will constitute a debt due and owing the
20        municipality or county.
21            (ii) A notice of final determination of parking,
22        standing, compliance, automated speed enforcement
23        system, or automated traffic law violation liability.
24        This notice shall be sent following a final
25        determination of parking, standing, compliance,
26        automated speed enforcement system, or automated

 

 

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1        traffic law violation liability and the conclusion of
2        judicial review procedures taken under this Section.
3        The notice shall state that the incomplete traffic
4        education program or the unpaid fine or penalty, or
5        both, is a debt due and owing the municipality or
6        county. The notice shall contain warnings that failure
7        to complete any required traffic education program or
8        to pay any fine or penalty due and owing the
9        municipality or county, or both, within the time
10        specified may result in the municipality's or county's
11        filing of a petition in the Circuit Court to have the
12        incomplete traffic education program or unpaid fine or
13        penalty, or both, rendered a judgment as provided by
14        this Section, or may result in suspension of the
15        person's drivers license for failure to complete a
16        traffic education program or to pay fines or penalties,
17        or both, for 10 or more parking violations under
18        Section 6-306.5, or a combination of 5 or more
19        automated traffic law violations under Section
20        11-208.6 or 11-208.9 or 11-1201.1 of this Code or
21        automated speed enforcement system violations under
22        Section 11-208.8.
23        (6) A notice of impending drivers license suspension.
24    This notice shall be sent to the person liable for failure
25    to complete a required traffic education program or to pay
26    any fine or penalty that remains due and owing, or both, on

 

 

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1    10 or more parking violations or combination of 5 or more
2    unpaid automated speed enforcement system or automated
3    traffic law violations. The notice shall state that failure
4    to complete a required traffic education program or to pay
5    the fine or penalty owing, or both, within 45 days of the
6    notice's date will result in the municipality or county
7    notifying the Secretary of State that the person is
8    eligible for initiation of suspension proceedings under
9    Section 6-306.5 of this Code. The notice shall also state
10    that the person may obtain a photostatic copy of an
11    original ticket imposing a fine or penalty by sending a
12    self addressed, stamped envelope to the municipality or
13    county along with a request for the photostatic copy. The
14    notice of impending drivers license suspension shall be
15    sent by first class United States mail, postage prepaid, to
16    the address recorded with the Secretary of State or, if any
17    notice to that address is returned as undeliverable, to the
18    last known address recorded in a United States Post Office
19    approved database.
20        (7) Final determinations of violation liability. A
21    final determination of violation liability shall occur
22    following failure to complete the required traffic
23    education program or to pay the fine or penalty, or both,
24    after a hearing officer's determination of violation
25    liability and the exhaustion of or failure to exhaust any
26    administrative review procedures provided by ordinance.

 

 

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1    Where a person fails to appear at a hearing to contest the
2    alleged violation in the time and manner specified in a
3    prior mailed notice, the hearing officer's determination
4    of violation liability shall become final: (A) upon denial
5    of a timely petition to set aside that determination, or
6    (B) upon expiration of the period for filing the petition
7    without a filing having been made.
8        (8) A petition to set aside a determination of parking,
9    standing, compliance, automated speed enforcement system,
10    or automated traffic law violation liability that may be
11    filed by a person owing an unpaid fine or penalty. A
12    petition to set aside a determination of liability may also
13    be filed by a person required to complete a traffic
14    education program. The petition shall be filed with and
15    ruled upon by the traffic compliance administrator in the
16    manner and within the time specified by ordinance. The
17    grounds for the petition may be limited to: (A) the person
18    not having been the owner or lessee of the cited vehicle on
19    the date the violation notice was issued, (B) the person
20    having already completed the required traffic education
21    program or paid the fine or penalty, or both, for the
22    violation in question, and (C) excusable failure to appear
23    at or request a new date for a hearing. With regard to
24    municipalities or counties with a population of 1 million
25    or more, it shall be grounds for dismissal of a parking
26    violation if the state registration number, or vehicle make

 

 

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1    if specified, is incorrect. After the determination of
2    parking, standing, compliance, automated speed enforcement
3    system, or automated traffic law violation liability has
4    been set aside upon a showing of just cause, the registered
5    owner shall be provided with a hearing on the merits for
6    that violation.
7        (9) Procedures for non-residents. Procedures by which
8    persons who are not residents of the municipality or county
9    may contest the merits of the alleged violation without
10    attending a hearing.
11        (10) A schedule of civil fines for violations of
12    vehicular standing, parking, compliance, automated speed
13    enforcement system, or automated traffic law regulations
14    enacted by ordinance under pursuant to this Section, and a
15    schedule of penalties for late payment of the fines or
16    failure to complete required traffic education programs,
17    provided, however, that the total amount of the fine and
18    penalty for any one violation shall not exceed $250, except
19    as provided in subsection (c) of Section 11-1301.3 of this
20    Code.
21        (11) Other provisions as are necessary and proper to
22    carry into effect the powers granted and purposes stated in
23    this Section.
24    (c) Any municipality or county establishing vehicular
25standing, parking, compliance, automated speed enforcement
26system, or automated traffic law regulations under this Section

 

 

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1may also provide by ordinance for a program of vehicle
2immobilization for the purpose of facilitating enforcement of
3those regulations. The program of vehicle immobilization shall
4provide for immobilizing any eligible vehicle upon the public
5way by presence of a restraint in a manner to prevent operation
6of the vehicle. Any ordinance establishing a program of vehicle
7immobilization under this Section shall provide:
8        (1) Criteria for the designation of vehicles eligible
9    for immobilization. A vehicle shall be eligible for
10    immobilization when the registered owner of the vehicle has
11    accumulated the number of incomplete traffic education
12    programs or unpaid final determinations of parking,
13    standing, compliance, automated speed enforcement system,
14    or automated traffic law violation liability, or both, as
15    determined by ordinance.
16        (2) A notice of impending vehicle immobilization and a
17    right to a hearing to challenge the validity of the notice
18    by disproving liability for the incomplete traffic
19    education programs or unpaid final determinations of
20    parking, standing, compliance, automated speed enforcement
21    system, or automated traffic law violation liability, or
22    both, listed on the notice.
23        (3) The right to a prompt hearing after a vehicle has
24    been immobilized or subsequently towed without the
25    completion of the required traffic education program or
26    payment of the outstanding fines and penalties on parking,

 

 

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1    standing, compliance, automated speed enforcement system,
2    or automated traffic law violations, or both, for which
3    final determinations have been issued. An order issued
4    after the hearing is a final administrative decision within
5    the meaning of Section 3-101 of the Code of Civil
6    Procedure.
7        (4) A post immobilization and post-towing notice
8    advising the registered owner of the vehicle of the right
9    to a hearing to challenge the validity of the impoundment.
10    (d) Judicial review of final determinations of parking,
11standing, compliance, automated speed enforcement system, or
12automated traffic law violations and final administrative
13decisions issued after hearings regarding vehicle
14immobilization and impoundment made under this Section shall be
15subject to the provisions of the Administrative Review Law.
16    (e) Any fine, penalty, incomplete traffic education
17program, or part of any fine or any penalty remaining unpaid
18after the exhaustion of, or the failure to exhaust,
19administrative remedies created under this Section and the
20conclusion of any judicial review procedures shall be a debt
21due and owing the municipality or county and, as such, may be
22collected in accordance with applicable law. Completion of any
23required traffic education program and payment in full of any
24fine or penalty resulting from a standing, parking, compliance,
25automated speed enforcement system, or automated traffic law
26violation shall constitute a final disposition of that

 

 

HB4353- 33 -LRB099 15136 RJF 39362 b

1violation.
2    (f) After the expiration of the period within which
3judicial review may be sought for a final determination of
4parking, standing, compliance, automated speed enforcement
5system, or automated traffic law violation, the municipality or
6county may commence a proceeding in the Circuit Court for
7purposes of obtaining a judgment on the final determination of
8violation. Nothing in this Section shall prevent a municipality
9or county from consolidating multiple final determinations of
10parking, standing, compliance, automated speed enforcement
11system, or automated traffic law violations against a person in
12a proceeding. Upon commencement of the action, the municipality
13or county shall file a certified copy or record of the final
14determination of parking, standing, compliance, automated
15speed enforcement system, or automated traffic law violation,
16which shall be accompanied by a certification that recites
17facts sufficient to show that the final determination of
18violation was issued in accordance with this Section and the
19applicable municipal or county ordinance. Service of the
20summons and a copy of the petition may be by any method
21provided by Section 2-203 of the Code of Civil Procedure or by
22certified mail, return receipt requested, provided that the
23total amount of fines and penalties for final determinations of
24parking, standing, compliance, automated speed enforcement
25system, or automated traffic law violations does not exceed
26$2500. If the court is satisfied that the final determination

 

 

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1of parking, standing, compliance, automated speed enforcement
2system, or automated traffic law violation was entered in
3accordance with the requirements of this Section and the
4applicable municipal or county ordinance, and that the
5registered owner or the lessee, as the case may be, had an
6opportunity for an administrative hearing and for judicial
7review as provided in this Section, the court shall render
8judgment in favor of the municipality or county and against the
9registered owner or the lessee for the amount indicated in the
10final determination of parking, standing, compliance,
11automated speed enforcement system, or automated traffic law
12violation, plus costs. The judgment shall have the same effect
13and may be enforced in the same manner as other judgments for
14the recovery of money.
15    (g) The fee for participating in a traffic education
16program under this Section shall not exceed $25.
17    A low-income individual required to complete a traffic
18education program under this Section who provides proof of
19eligibility for the federal earned income tax credit under
20Section 32 of the Internal Revenue Code or the Illinois earned
21income tax credit under Section 212 of the Illinois Income Tax
22Act shall not be required to pay any fee for participating in a
23required traffic education program.
24(Source: P.A. 97-29, eff. 1-1-12; 97-333, eff. 8-12-11; 97-672,
25eff. 7-1-12; 98-556, eff. 1-1-14; 98-1028, eff. 8-22-14.)
 

 

 

HB4353- 35 -LRB099 15136 RJF 39362 b

1    (625 ILCS 5/11-208.9)
2    Sec. 11-208.9. Automated traffic law enforcement system;
3approaching, overtaking, and passing a school bus.
4    (a) As used in this Section, "automated traffic law
5enforcement system" means a device with one or more motor
6vehicle sensors working in conjunction with the visual signals
7on a school bus, as specified in Sections 12-803 and 12-805 of
8this Code, to produce recorded images of motor vehicles that
9fail to stop before meeting or overtaking, from either
10direction, any school bus stopped at any location for the
11purpose of receiving or discharging pupils in violation of
12Section 11-1414 of this Code or a similar provision of a local
13ordinance.
14    An automated traffic law enforcement system is a system, in
15a municipality or county operated by a governmental agency,
16that produces a recorded image of a motor vehicle's violation
17of a provision of this Code or a local ordinance and is
18designed to obtain a clear recorded image of the vehicle and
19the vehicle's license plate. The recorded image must also
20display the time, date, and location of the violation.
21    (b) As used in this Section, "recorded images" means images
22recorded by an automated traffic law enforcement system on:
23        (1) 2 or more photographs;
24        (2) 2 or more microphotographs;
25        (3) 2 or more electronic images; or
26        (4) a video recording showing the motor vehicle and, on

 

 

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1    at least one image or portion of the recording, clearly
2    identifying the registration plate number of the motor
3    vehicle.
4    (c) A municipality or county that produces a recorded image
5of a motor vehicle's violation of a provision of this Code or a
6local ordinance must make the recorded images of a violation
7accessible to the alleged violator by providing the alleged
8violator with a website address, accessible through the
9Internet.
10    (d) For each violation of a provision of this Code or a
11local ordinance recorded by an automated traffic law
12enforcement system, the county or municipality having
13jurisdiction shall issue a written notice of the violation to
14the registered owner of the vehicle as the alleged violator.
15The notice shall be delivered to the registered owner of the
16vehicle, by mail, within 30 days after the Secretary of State
17notifies the municipality or county of the identity of the
18owner of the vehicle, but in no event later than 90 days after
19the violation.
20    (e) The notice required under subsection (d) shall include:
21        (1) the name and address of the registered owner of the
22    vehicle;
23        (2) the registration number of the motor vehicle
24    involved in the violation;
25        (3) the violation charged;
26        (4) the location where the violation occurred;

 

 

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1        (5) the date and time of the violation;
2        (6) a copy of the recorded images;
3        (7) the amount of the civil penalty imposed and the
4    date by which the civil penalty should be paid;
5        (8) a statement that recorded images are evidence of a
6    violation of overtaking or passing a school bus stopped for
7    the purpose of receiving or discharging pupils;
8        (9) a warning that failure to pay the civil penalty or
9    to contest liability in a timely manner is an admission of
10    liability and may result in a suspension of the driving
11    privileges of the registered owner of the vehicle;
12        (10) a statement that the person may elect to proceed
13    by:
14            (A) paying the fine; or
15            (B) challenging the charge in court, by mail, or by
16        administrative hearing; and
17        (11) a website address, accessible through the
18    Internet, where the person may view the recorded images of
19    the violation.
20    (f) If a person charged with a traffic violation, as a
21result of an automated traffic law enforcement system under
22this Section, does not pay the fine or successfully contest the
23civil penalty resulting from that violation, the Secretary of
24State shall suspend the driving privileges of the registered
25owner of the vehicle under Section 6-306.5 of this Code for
26failing to pay any fine or penalty due and owing as a result of

 

 

HB4353- 38 -LRB099 15136 RJF 39362 b

1a combination of 5 violations of the automated traffic law
2enforcement system or the automated speed enforcement system
3under Section 11-208.8 of this Code.
4    (g) Based on inspection of recorded images produced by an
5automated traffic law enforcement system, a notice alleging
6that the violation occurred shall be evidence of the facts
7contained in the notice and admissible in any proceeding
8alleging a violation under this Section.
9    (h) Recorded images made by an automated traffic law
10enforcement system are confidential and shall be made available
11only to the alleged violator and governmental and law
12enforcement agencies for purposes of adjudicating a violation
13of this Section, for statistical purposes, or for other
14governmental purposes. Any recorded image evidencing a
15violation of this Section, however, may be admissible in any
16proceeding resulting from the issuance of the citation.
17    (i) The court or hearing officer may consider in defense of
18a violation:
19        (1) that the motor vehicle or registration plates of
20    the motor vehicle were stolen before the violation occurred
21    and not under the control of or in the possession of the
22    owner at the time of the violation;
23        (2) that the driver of the motor vehicle received a
24    Uniform Traffic Citation from a police officer for a
25    violation of Section 11-1414 of this Code within one-eighth
26    of a mile and 15 minutes of the violation that was recorded

 

 

HB4353- 39 -LRB099 15136 RJF 39362 b

1    by the system;
2        (3) that the visual signals required by Sections 12-803
3    and 12-805 of this Code were damaged, not activated, not
4    present in violation of Sections 12-803 and 12-805, or
5    inoperable; and
6        (4) any other evidence or issues provided by municipal
7    or county ordinance.
8    (j) To demonstrate that the motor vehicle or the
9registration plates were stolen before the violation occurred
10and were not under the control or possession of the owner at
11the time of the violation, the owner must submit proof that a
12report concerning the stolen motor vehicle or registration
13plates was filed with a law enforcement agency in a timely
14manner.
15    (k) Unless the driver of the motor vehicle received a
16Uniform Traffic Citation from a police officer at the time of
17the violation, the motor vehicle owner is subject to a civil
18penalty not exceeding $150 for a first time violation or $500
19for a second or subsequent violation, plus an additional
20penalty of not more than $100 for failure to pay the original
21penalty in a timely manner, if the motor vehicle is recorded by
22an automated traffic law enforcement system. A violation for
23which a civil penalty is imposed under this Section is not a
24violation of a traffic regulation governing the movement of
25vehicles and may not be recorded on the driving record of the
26owner of the vehicle, but may be recorded by the municipality

 

 

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1or county for the purpose of determining if a person is subject
2to the higher fine for a second or subsequent offense.
3    (l) A school bus equipped with an automated traffic law
4enforcement system must be posted with a sign indicating that
5the school bus is being monitored by an automated traffic law
6enforcement system.
7    (m) A municipality or county that has one or more school
8buses equipped with an automated traffic law enforcement system
9must provide notice to drivers by posting a list of school
10districts using school buses equipped with an automated traffic
11law enforcement system on the municipality or county website.
12School districts that have one or more school buses equipped
13with an automated traffic law enforcement system must provide
14notice to drivers by posting that information on their
15websites.
16    (n) A municipality or county operating an automated traffic
17law enforcement system shall conduct a statistical analysis to
18assess the safety impact in each school district using school
19buses equipped with an automated traffic law enforcement system
20following installation of the system. The statistical analysis
21shall be based upon the best available crash, traffic, and
22other data, and shall cover a period of time before and after
23installation of the system sufficient to provide a
24statistically valid comparison of safety impact. The
25statistical analysis shall be consistent with professional
26judgment and acceptable industry practice. The statistical

 

 

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1analysis also shall be consistent with the data required for
2valid comparisons of before and after conditions and shall be
3conducted within a reasonable period following the
4installation of the automated traffic law enforcement system.
5The statistical analysis required by this subsection shall be
6made available to the public and shall be published on the
7website of the municipality or county. If the statistical
8analysis for the 36-month period following installation of the
9system indicates that there has been an increase in the rate of
10accidents at the approach to school buses monitored by the
11system, the municipality or county shall undertake additional
12studies to determine the cause and severity of the accidents,
13and may take any action that it determines is necessary or
14appropriate to reduce the number or severity of the accidents
15involving school buses equipped with an automated traffic law
16enforcement system.
17    (o) The compensation paid for an automated traffic law
18enforcement system must be based on the value of the equipment
19or the services provided and may not be based on the number of
20traffic citations issued or the revenue generated by the
21system.
22    (p) No person who is the lessor of a motor vehicle pursuant
23to a written lease agreement shall be liable for an automated
24speed or traffic law enforcement system violation involving
25such motor vehicle during the period of the lease; provided
26that upon the request of the appropriate authority received

 

 

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1within 120 days after the violation occurred, the lessor
2provides within 60 days after such receipt the name and address
3of the lessee. The drivers license number of a lessee may be
4subsequently individually requested by the appropriate
5authority if needed for enforcement of this Section.
6    Upon the provision of information by the lessor pursuant to
7this subsection, the county or municipality may issue the
8violation to the lessee of the vehicle in the same manner as it
9would issue a violation to a registered owner of a vehicle
10pursuant to this Section, and the lessee may be held liable for
11the violation.
12    (q) A municipality or county shall make a certified report
13to the Secretary of State under pursuant to Section 6-306.5 of
14this Code whenever a registered owner of a vehicle has failed
15to pay any fine or penalty due and owing as a result of a
16combination of 5 offenses for automated traffic law or speed
17enforcement system violations.
18    (r) After a municipality or county enacts an ordinance
19providing for automated traffic law enforcement systems under
20this Section, each school district within that municipality or
21county's jurisdiction may implement an automated traffic law
22enforcement system under this Section. The elected school board
23for that district must approve the implementation of an
24automated traffic law enforcement system. The school district
25shall be responsible for entering into a contract, approved by
26the elected school board of that district, with vendors for the

 

 

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1installation, maintenance, and operation of the automated
2traffic law enforcement system. The school district must enter
3into an intergovernmental agreement, approved by the elected
4school board of that district, with the municipality or county
5with jurisdiction over that school district for the
6administration of the automated traffic law enforcement
7system. The proceeds from a school district's automated traffic
8law enforcement system's fines shall be divided equally between
9the school district and the municipality or county
10administering the automated traffic law enforcement system.
11(Source: P.A. 98-556, eff. 1-1-14.)
 
12    (625 ILCS 5/11-612)
13    Sec. 11-612. Certain systems to record vehicle speeds
14prohibited. Except as authorized in the Automated Traffic
15Control Systems in Highway Construction or Maintenance Zones
16Act and Section 11-208.8 of this Code, no photographic, video,
17or other imaging system may be used in this State to record
18vehicle speeds for the purpose of enforcing any law or
19ordinance regarding a maximum or minimum speed limit unless a
20law enforcement officer is present at the scene and witnesses
21the event. No State or local governmental entity, including a
22home rule county or municipality, may use such a system in a
23way that is prohibited by this Section. The regulation of the
24use of such systems is an exclusive power and function of the
25State. This Section is a denial and limitation of home rule

 

 

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1powers and functions under subsection (h) of Section 6 of
2Article VII of the Illinois Constitution.
3(Source: P.A. 97-672, eff. 7-1-12.)
 
4    (625 ILCS 5/11-208.6 rep.)
5    (625 ILCS 5/11-208.8 rep.)
6    Section 10. The Illinois Vehicle Code is amended by
7repealing Sections 11-208.6 and 11-208.8.
 
8    Section 99. Effective date. This Act takes effect upon
9becoming law.