Full Text of SB2647 100th General Assembly
SB2647sam001 100TH GENERAL ASSEMBLY | Sen. James F. Clayborne, Jr. Filed: 2/28/2018
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| 1 | | AMENDMENT TO SENATE BILL 2647
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 2647 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Illinois Vehicle Code is amended by | 5 | | changing Sections 3-400, 6-306.5, 11-208, 11-208.3, and 11-612 | 6 | | and by adding Sections 1-141.5 and 11-208.10 as follows: | 7 | | (625 ILCS 5/1-141.5 new) | 8 | | Sec. 1-141.5. Manual traffic law enforcement system | 9 | | violation. A violation described in Section 11-208.10 of this | 10 | | Code.
| 11 | | (625 ILCS 5/3-400) (from Ch. 95 1/2, par. 3-400)
| 12 | | Sec. 3-400. Definitions. Notwithstanding the definitions | 13 | | set forth in
Chapter 1 of this Act, for the purposes of this | 14 | | Article, the following
words shall have the meaning ascribed to | 15 | | them as follows:
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| 1 | | "Apportionable Fee" means any periodic recurring fee | 2 | | required for
licensing or registering vehicles, such as, but | 3 | | not limited to,
registration fees, license or weight fees.
| 4 | | "Apportionable Vehicle" means any vehicle, except | 5 | | recreational
vehicles, vehicles displaying restricted plates, | 6 | | city pickup and delivery
vehicles, buses used in transportation | 7 | | of chartered parties, and government
owned vehicles that are | 8 | | used or intended for use in 2 or more member
jurisdictions that | 9 | | allocate or proportionally register vehicles, in a
fleet which | 10 | | is used for the transportation of persons for hire or the
| 11 | | transportation of property and which has a gross vehicle weight | 12 | | in excess of
26,000 pounds; or has three or more axles | 13 | | regardless of weight; or is used in
combination when the weight | 14 | | of such combination exceeds 26,000 pounds gross
vehicle weight. | 15 | | Vehicles, or combinations having a gross vehicle weight of
| 16 | | 26,000 pounds or less and two-axle vehicles may be | 17 | | proportionally registered at
the option of such owner.
| 18 | | "Base Jurisdiction" means, for purposes of fleet | 19 | | registration, the
jurisdiction where the registrant has an | 20 | | established place of business,
where operational records of the | 21 | | fleet are maintained and where mileage
is accrued by the fleet. | 22 | | In case a registrant operates more than one
fleet, and | 23 | | maintains records for each fleet in different places, the
"base | 24 | | jurisdiction" for a fleet shall be the jurisdiction where an
| 25 | | established place of business is maintained, where records of | 26 | | the
operation of that fleet are maintained and where mileage is |
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| 1 | | accrued by
that fleet.
| 2 | | "Operational Records" means documents supporting miles | 3 | | traveled in
each jurisdiction and total miles traveled, such as | 4 | | fuel reports, trip
leases, and logs.
| 5 | | "Owner" means a person who holds legal title of a motor | 6 | | vehicle, or in the
event a motor vehicle is the subject of an | 7 | | agreement for the conditional
sale or lease thereof with the | 8 | | right of purchase upon performance of the
conditions stated in | 9 | | the agreement and with an immediate right of
possession vested | 10 | | in the conditional vendee or lessee with right of
purchase, or | 11 | | in the event a mortgagor of such motor vehicle is entitled
to | 12 | | possession, or in the event a lessee of such motor vehicle is
| 13 | | entitled to possession or control, then such conditional vendee | 14 | | or
lessee with right of purchase or mortgagor or lessee is | 15 | | considered to be
the owner for the purpose of this Act.
| 16 | | "Registration plate cover" means any tinted, colored, | 17 | | painted, marked, clear, or illuminated object that is designed | 18 | | to (i) cover any of the characters of a motor vehicle's
| 19 | | registration plate; or (ii) distort a recorded image of any of | 20 | | the characters
of a motor vehicle's registration plate recorded | 21 | | by a manual traffic law enforcement system, an automated | 22 | | enforcement system as defined in Section 11-208.6, 11-208.8, or | 23 | | 11-1201.1 of this Code , or recorded by an automated traffic | 24 | | control system as defined in Section 15 of the Automated | 25 | | Traffic Control Systems in Highway Construction or Maintenance | 26 | | Zones Act. |
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| 1 | | "Rental Owner" means an owner principally engaged, with | 2 | | respect to
one or more rental fleets, in renting to others or | 3 | | offering for rental
the vehicles of such fleets, without | 4 | | drivers.
| 5 | | "Restricted Plates" shall include, but is not limited to, | 6 | | dealer,
manufacturer, transporter, farm, repossessor, and | 7 | | permanently mounted type
plates. Vehicles displaying any of | 8 | | these type plates from a foreign
jurisdiction that is a member | 9 | | of the International Registration Plan shall be
granted | 10 | | reciprocity but shall be subject to the same limitations as | 11 | | similar
plated Illinois registered vehicles.
| 12 | | (Source: P.A. 98-463, eff. 8-16-13; 99-78, eff. 7-20-15.)
| 13 | | (625 ILCS 5/6-306.5) (from Ch. 95 1/2, par. 6-306.5)
| 14 | | Sec. 6-306.5. Failure to pay fine or penalty for standing, | 15 | | parking,
compliance, automated speed enforcement system, | 16 | | manual traffic law enforcement system, or automated traffic law | 17 | | violations; suspension of driving privileges.
| 18 | | (a) Upon receipt of
a certified report,
as prescribed by | 19 | | subsection (c) of
this Section, from
any municipality or county | 20 | | stating that the owner of a registered vehicle: (1) has failed
| 21 | | to pay any fine or penalty due and owing as a result of 10 or | 22 | | more violations
of a
municipality's or county's vehicular | 23 | | standing, parking, or compliance
regulations established by
| 24 | | ordinance pursuant to Section 11-208.3 of this Code, (2) has | 25 | | failed to pay any
fine or penalty due and owing as a result of 5 |
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| 1 | | offenses for automated speed enforcement system violations , | 2 | | manual traffic law enforcement system violations, or automated | 3 | | traffic
violations as defined in Sections
11-208.6, 11-208.8, | 4 | | 11-208.9, 11-208.10, or 11-1201.1, or combination thereof, or | 5 | | (3) is more than 14 days in default of a payment plan pursuant | 6 | | to which a suspension had been terminated under subsection (c) | 7 | | of this Section, the Secretary of State
shall suspend the | 8 | | driving privileges of such person in accordance with the
| 9 | | procedures set forth in this Section.
The Secretary shall also | 10 | | suspend the driving privileges of an owner of a
registered | 11 | | vehicle upon receipt of a certified report, as prescribed by
| 12 | | subsection (f) of this Section, from any municipality or county | 13 | | stating that such
person has failed to satisfy any fines or | 14 | | penalties imposed by final judgments
for 5 or more automated | 15 | | speed enforcement system , manual traffic law enforcement | 16 | | system, or automated traffic law violations, or combination | 17 | | thereof, or 10 or more violations of local standing, parking, | 18 | | or
compliance regulations after
exhaustion of judicial review | 19 | | procedures.
| 20 | | (b) Following receipt of the certified report of the | 21 | | municipality or county as
specified in this Section, the | 22 | | Secretary of State shall notify the person
whose name appears | 23 | | on the certified report that
the person's
drivers license will | 24 | | be suspended at the end of a specified period of time
unless | 25 | | the Secretary of State is presented with a notice from the
| 26 | | municipality or county certifying that the fine or penalty due
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| 1 | | and owing the municipality or county has been paid or that | 2 | | inclusion of that
person's name on the certified report was in | 3 | | error. The Secretary's notice
shall state in substance the | 4 | | information
contained in the municipality's or county's | 5 | | certified report to the Secretary, and
shall be effective as | 6 | | specified by subsection (c) of Section 6-211 of this
Code.
| 7 | | (c) The report of the appropriate municipal or county | 8 | | official notifying the
Secretary of State of unpaid fines or | 9 | | penalties pursuant to this Section
shall be certified and shall | 10 | | contain the following:
| 11 | | (1) The name, last known address as recorded with the | 12 | | Secretary of State, as provided by the lessor of the cited | 13 | | vehicle at the time of lease, or as recorded in a United | 14 | | States Post Office approved database if any notice sent | 15 | | under Section 11-208.3 of this Code is returned as | 16 | | undeliverable, and drivers license number of the
person who | 17 | | failed to pay the fine or
penalty or who has defaulted in a | 18 | | payment plan and the registration number of any vehicle | 19 | | known to be registered
to such person in this State.
| 20 | | (2) The name of the municipality or county making the | 21 | | report pursuant to this
Section.
| 22 | | (3) A statement that the municipality or county sent a | 23 | | notice of impending
drivers license suspension as | 24 | | prescribed by ordinance enacted
pursuant to Section | 25 | | 11-208.3 of this Code or a notice of default in a payment | 26 | | plan, to the person named in the report at the
address |
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| 1 | | recorded with the Secretary of State or at the last address | 2 | | known to the lessor of the cited vehicle at the time of | 3 | | lease or, if any notice sent under Section 11-208.3 of this | 4 | | Code is returned as undeliverable, at the last known | 5 | | address recorded in a United States Post Office approved | 6 | | database; the date on which such
notice was sent; and the | 7 | | address to which such notice was sent.
In a municipality or | 8 | | county with a population of 1,000,000 or more, the report | 9 | | shall
also include a statement that the alleged violator's | 10 | | State vehicle registration
number and vehicle make, if | 11 | | specified on the automated speed enforcement system | 12 | | violation , manual traffic law enforcement system | 13 | | violation, or automated traffic law violation notice, are | 14 | | correct as they appear on the citations. | 15 | | (4) A unique identifying reference number for each | 16 | | request of suspension sent whenever a person has failed to | 17 | | pay the fine or penalty or has defaulted on a payment plan.
| 18 | | (d) Any municipality or county making a certified report to | 19 | | the Secretary of State
pursuant to this Section
shall notify | 20 | | the Secretary of State, in a form prescribed by the
Secretary, | 21 | | whenever a person named in the certified report has paid the
| 22 | | previously reported fine or penalty, whenever a person named in | 23 | | the certified report has entered into a payment plan pursuant | 24 | | to which the municipality or county has agreed to terminate the | 25 | | suspension, or whenever the municipality or county determines
| 26 | | that the original report was in error. A certified copy of such
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| 1 | | notification shall also be given upon request and at no | 2 | | additional charge
to the person named therein. Upon receipt of | 3 | | the municipality's or county's
notification or presentation of | 4 | | a certified copy of such notification, the
Secretary of State | 5 | | shall terminate the suspension.
| 6 | | (e) Any municipality or county making a certified report to | 7 | | the Secretary of State
pursuant to this Section
shall also by | 8 | | ordinance establish procedures for persons to
challenge the | 9 | | accuracy of the certified report. The ordinance shall also
| 10 | | state the grounds for such a challenge, which may be limited to | 11 | | (1) the
person not having been the owner or lessee of the | 12 | | vehicle or vehicles
receiving 10 or more standing, parking, or | 13 | | compliance
violation notices or a combination of 5 or more | 14 | | automated speed enforcement system , manual traffic law | 15 | | enforcement system, or automated traffic law violations on the | 16 | | date or dates such notices were issued; and (2) the
person
| 17 | | having already paid the fine or penalty for the 10 or more | 18 | | standing, parking, or compliance violations or combination of 5 | 19 | | or more automated speed enforcement system or automated traffic | 20 | | law violations
indicated on the certified report.
| 21 | | (f) Any municipality or county, other than a municipality | 22 | | or county establishing vehicular
standing, parking, and | 23 | | compliance regulations pursuant to
Section 11-208.3, automated | 24 | | speed enforcement system regulations under Section 11-208.8, | 25 | | manual traffic law enforcement system regulations under | 26 | | Section 11-208.10, or automated traffic law regulations under |
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| 1 | | Section 11-208.6, 11-208.9, or 11-1201.1, may also
cause a | 2 | | suspension of a person's drivers license pursuant to this | 3 | | Section.
Such municipality or county may invoke this sanction | 4 | | by making a certified report to
the Secretary of State upon a | 5 | | person's failure to satisfy any fine or
penalty imposed by | 6 | | final judgment for 10 or more violations of local
standing, | 7 | | parking, or compliance regulations or a combination of 5 or | 8 | | more automated speed enforcement system , manual traffic law | 9 | | enforcement system, or automated traffic law violations after | 10 | | exhaustion
of judicial review
procedures, but only if:
| 11 | | (1) the municipality or county complies with the | 12 | | provisions of this Section in all
respects except in regard | 13 | | to enacting an ordinance pursuant to Section
11-208.3;
| 14 | | (2) the municipality or county has sent a notice of | 15 | | impending
drivers license suspension as prescribed by an | 16 | | ordinance enacted pursuant to
subsection (g) of this | 17 | | Section; and
| 18 | | (3) in municipalities or counties with a population of | 19 | | 1,000,000 or more, the
municipality or county
has verified | 20 | | that the alleged violator's State vehicle registration | 21 | | number and
vehicle make are correct as they appear on the | 22 | | citations.
| 23 | | (g) Any municipality or county, other than a municipality | 24 | | or county establishing
standing, parking, and compliance | 25 | | regulations pursuant to
Section 11-208.3, automated speed | 26 | | enforcement system regulations under Section 11-208.8, manual |
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| 1 | | traffic law enforcement system regulations under Section | 2 | | 11-208.10, or automated traffic law regulations under Section | 3 | | 11-208.6, 11-208.9, or 11-1201.1, may provide by
ordinance for | 4 | | the sending of a notice of impending
drivers license suspension | 5 | | to the person who has failed to satisfy any fine
or penalty | 6 | | imposed by final judgment for 10 or more violations of local
| 7 | | standing, parking, or compliance regulations or a combination | 8 | | of 5 or more automated speed enforcement system , manual traffic | 9 | | law enforcement, or automated traffic law violations after | 10 | | exhaustion
of
judicial review
procedures. An ordinance so | 11 | | providing shall specify that the notice
sent to the person | 12 | | liable for any fine or penalty
shall state that failure to pay | 13 | | the fine or
penalty owing within 45 days of the notice's date | 14 | | will result in the
municipality or county notifying the | 15 | | Secretary of State that
the person's drivers license is | 16 | | eligible for suspension pursuant to this
Section.
The notice of | 17 | | impending drivers license suspension
shall be sent by first | 18 | | class United States mail, postage prepaid, to the
address
| 19 | | recorded with the Secretary of State or at the last address | 20 | | known to the lessor of the cited vehicle at the time of lease | 21 | | or, if any notice sent under Section 11-208.3 of this Code is | 22 | | returned as undeliverable, to the last known address recorded | 23 | | in a United States Post Office approved database.
| 24 | | (h) An administrative hearing to contest an impending | 25 | | suspension or a
suspension made pursuant to this Section may be | 26 | | had upon filing a written
request with the Secretary of State. |
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| 1 | | The filing fee for this hearing shall
be $20, to be paid at the | 2 | | time the request is made.
A municipality or county which files | 3 | | a certified report with the Secretary of
State pursuant to this | 4 | | Section shall reimburse the Secretary for all
reasonable costs | 5 | | incurred by the Secretary as a result of the filing of the
| 6 | | report, including but not limited to the costs of providing the | 7 | | notice
required pursuant to subsection (b) and the costs | 8 | | incurred by the Secretary
in any hearing conducted with respect | 9 | | to the report pursuant to this
subsection and any appeal from | 10 | | such a hearing.
| 11 | | (i) The provisions of this Section shall apply on and after | 12 | | January 1, 1988.
| 13 | | (j) For purposes of this Section, the term "compliance | 14 | | violation" is
defined as in Section 11-208.3.
| 15 | | (Source: P.A. 97-333, eff. 8-12-11; 97-672, eff. 7-1-12; | 16 | | 98-556, eff. 1-1-14.)
| 17 | | (625 ILCS 5/11-208)
(from Ch. 95 1/2, par. 11-208)
| 18 | | (Text of Section before amendment by P.A. 100-352 ) | 19 | | Sec. 11-208. Powers of local authorities.
| 20 | | (a) The provisions of this Code shall not be deemed to | 21 | | prevent
local authorities with respect to streets and highways | 22 | | under their
jurisdiction and within the reasonable exercise of | 23 | | the police power from:
| 24 | | 1. Regulating the standing or parking of vehicles, | 25 | | except as
limited by Sections 11-1306 and 11-1307 of this |
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| 1 | | Act;
| 2 | | 2. Regulating traffic by means of police officers or | 3 | | traffic control
signals;
| 4 | | 3. Regulating or prohibiting processions or | 5 | | assemblages on the highways; and certifying persons to | 6 | | control traffic for processions or assemblages;
| 7 | | 4. Designating particular highways as one-way highways | 8 | | and requiring that
all vehicles thereon be moved in one | 9 | | specific direction;
| 10 | | 5. Regulating the speed of vehicles in public parks | 11 | | subject to the
limitations set forth in Section 11-604;
| 12 | | 6. Designating any highway as a through highway, as | 13 | | authorized in Section
11-302, and requiring that all | 14 | | vehicles stop before entering or crossing
the same or | 15 | | designating any intersection as a stop intersection or a | 16 | | yield
right-of-way intersection and requiring all vehicles | 17 | | to stop or yield the
right-of-way at one or more entrances | 18 | | to such intersections;
| 19 | | 7. Restricting the use of highways as authorized in | 20 | | Chapter 15;
| 21 | | 8. Regulating the operation of bicycles, low-speed | 22 | | electric bicycles, and low-speed gas bicycles, and | 23 | | requiring the
registration and licensing of same, | 24 | | including the requirement of a
registration fee;
| 25 | | 9. Regulating or prohibiting the turning of vehicles or | 26 | | specified
types of vehicles at intersections;
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| 1 | | 10. Altering the speed limits as authorized in Section | 2 | | 11-604;
| 3 | | 11. Prohibiting U-turns;
| 4 | | 12. Prohibiting pedestrian crossings at other than | 5 | | designated and marked
crosswalks or at intersections;
| 6 | | 13. Prohibiting parking during snow removal operation;
| 7 | | 14. Imposing fines in accordance with Section | 8 | | 11-1301.3 as penalties
for use of any parking place | 9 | | reserved for persons with disabilities, as defined
by | 10 | | Section 1-159.1, or veterans with disabilities by any | 11 | | person using a motor
vehicle not bearing registration | 12 | | plates specified in Section 11-1301.1
or a special decal or | 13 | | device as defined in Section 11-1301.2
as evidence that the | 14 | | vehicle is operated by or for a person
with disabilities or | 15 | | a veteran with a disability;
| 16 | | 15. Adopting such other traffic regulations as are | 17 | | specifically
authorized by this Code; or
| 18 | | 16. Enforcing the provisions of subsection (f) of | 19 | | Section 3-413 of this
Code or a similar local ordinance.
| 20 | | (b) No ordinance or regulation enacted under paragraph | 21 | | subsections 1, 4, 5, 6, 7,
9, 10, 11 or 13 of subsection | 22 | | paragraph (a) shall be effective until signs giving
reasonable | 23 | | notice of such local traffic regulations are posted.
| 24 | | (c) The provisions of this Code shall not prevent any
| 25 | | municipality having a population of 500,000 or more inhabitants | 26 | | from
prohibiting any person from driving or operating any motor |
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| 1 | | vehicle upon
the roadways of such municipality with headlamps | 2 | | on high beam or bright.
| 3 | | (d) The provisions of this Code shall not be deemed to | 4 | | prevent local
authorities within the reasonable exercise of | 5 | | their police power from
prohibiting, on private property, the | 6 | | unauthorized use of parking spaces
reserved for persons with | 7 | | disabilities.
| 8 | | (e) No unit of local government, including a home rule | 9 | | unit, may enact or
enforce an ordinance that applies only to | 10 | | motorcycles if the principal purpose
for that ordinance is to | 11 | | restrict the access of motorcycles to any highway or
portion of | 12 | | a highway for which federal or State funds have been used for | 13 | | the
planning, design, construction, or maintenance of that | 14 | | highway. No unit of
local government, including a home rule | 15 | | unit, may enact an ordinance requiring
motorcycle users to wear | 16 | | protective headgear. Nothing in this subsection
(e) shall | 17 | | affect the authority of a unit of local government to regulate
| 18 | | motorcycles for traffic control purposes or in accordance with | 19 | | Section 12-602
of this Code. No unit of local government, | 20 | | including a home rule unit, may
regulate motorcycles in a | 21 | | manner inconsistent with this Code. This subsection
(e) is a | 22 | | limitation under subsection (i) of Section 6 of Article VII of | 23 | | the
Illinois Constitution on the concurrent exercise by home | 24 | | rule units of powers
and functions exercised by the State.
| 25 | | (e-5) The City of Chicago may enact an ordinance providing | 26 | | for a noise monitoring system upon any portion of the roadway |
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| 1 | | known as Lake Shore Drive. Twelve months after the installation | 2 | | of the noise monitoring system, and any time after the first | 3 | | report as the City deems necessary, the City of Chicago shall | 4 | | prepare a noise monitoring report with the data collected from | 5 | | the system and shall, upon request, make the report available | 6 | | to the public. For purposes of this subsection (e-5), "noise | 7 | | monitoring system" means an automated noise monitor capable of | 8 | | recording noise levels 24 hours per day and 365 days per year | 9 | | with computer equipment sufficient to process the data. | 10 | | (f) A municipality or county designated in Section 11-208.6 | 11 | | may enact an ordinance providing for an
automated traffic law | 12 | | enforcement system to enforce violations of this Code or
a | 13 | | similar provision of a local ordinance and imposing liability | 14 | | on a registered owner or lessee of a vehicle used in such a | 15 | | violation.
| 16 | | (g) A municipality or county, as provided in Section | 17 | | 11-1201.1, may enact an ordinance providing for an automated | 18 | | traffic law enforcement system to enforce violations of Section | 19 | | 11-1201 of this Code or a similar provision of a local | 20 | | ordinance and imposing liability on a registered owner of a | 21 | | vehicle used in such a violation.
| 22 | | (h) A municipality designated in Section 11-208.8 may enact | 23 | | an ordinance providing for an
automated speed enforcement | 24 | | system to enforce violations of Article VI of Chapter 11 of | 25 | | this Code or a similar provision of a local ordinance. | 26 | | (i) A municipality or county designated in Section 11-208.9 |
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| 1 | | may enact an ordinance providing for an
automated traffic law | 2 | | enforcement system to enforce violations of Section 11-1414 of | 3 | | this Code or
a similar provision of a local ordinance and | 4 | | imposing liability on a registered owner or lessee of a vehicle | 5 | | used in such a violation. | 6 | | (j) A municipality or county designated in Section | 7 | | 11-208.10 may enact an ordinance providing for a manual traffic | 8 | | law enforcement system to enforce violations of Article VI of | 9 | | Chapter 11 of this Code or a similar provision of a local | 10 | | ordinance. | 11 | | (Source: P.A. 99-143, eff. 7-27-15; 100-209, eff. 1-1-18; | 12 | | 100-257, eff. 8-22-17; revised 10-6-17.)
| 13 | | (Text of Section after amendment by P.A. 100-352 ) | 14 | | Sec. 11-208. Powers of local authorities.
| 15 | | (a) The provisions of this Code shall not be deemed to | 16 | | prevent
local authorities with respect to streets and highways | 17 | | under their
jurisdiction and within the reasonable exercise of | 18 | | the police power from:
| 19 | | 1. Regulating the standing or parking of vehicles, | 20 | | except as
limited by Sections 11-1306 and 11-1307 of this | 21 | | Act;
| 22 | | 2. Regulating traffic by means of police officers or | 23 | | traffic control
signals;
| 24 | | 3. Regulating or prohibiting processions or | 25 | | assemblages on the highways; and certifying persons to |
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| 1 | | control traffic for processions or assemblages;
| 2 | | 4. Designating particular highways as one-way highways | 3 | | and requiring that
all vehicles thereon be moved in one | 4 | | specific direction;
| 5 | | 5. Regulating the speed of vehicles in public parks | 6 | | subject to the
limitations set forth in Section 11-604;
| 7 | | 6. Designating any highway as a through highway, as | 8 | | authorized in Section
11-302, and requiring that all | 9 | | vehicles stop before entering or crossing
the same or | 10 | | designating any intersection as a stop intersection or a | 11 | | yield
right-of-way intersection and requiring all vehicles | 12 | | to stop or yield the
right-of-way at one or more entrances | 13 | | to such intersections;
| 14 | | 7. Restricting the use of highways as authorized in | 15 | | Chapter 15;
| 16 | | 8. Regulating the operation of bicycles, low-speed | 17 | | electric bicycles, and low-speed gas bicycles, and | 18 | | requiring the
registration and licensing of same, | 19 | | including the requirement of a
registration fee;
| 20 | | 9. Regulating or prohibiting the turning of vehicles or | 21 | | specified
types of vehicles at intersections;
| 22 | | 10. Altering the speed limits as authorized in Section | 23 | | 11-604;
| 24 | | 11. Prohibiting U-turns;
| 25 | | 12. Prohibiting pedestrian crossings at other than | 26 | | designated and marked
crosswalks or at intersections;
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| 1 | | 13. Prohibiting parking during snow removal operation;
| 2 | | 14. Imposing fines in accordance with Section | 3 | | 11-1301.3 as penalties
for use of any parking place | 4 | | reserved for persons with disabilities, as defined
by | 5 | | Section 1-159.1, or veterans with disabilities by any | 6 | | person using a motor
vehicle not bearing registration | 7 | | plates specified in Section 11-1301.1
or a special decal or | 8 | | device as defined in Section 11-1301.2
as evidence that the | 9 | | vehicle is operated by or for a person
with disabilities or | 10 | | a veteran with a disability;
| 11 | | 15. Adopting such other traffic regulations as are | 12 | | specifically
authorized by this Code; or
| 13 | | 16. Enforcing the provisions of subsection (f) of | 14 | | Section 3-413 of this
Code or a similar local ordinance.
| 15 | | (b) No ordinance or regulation enacted under paragraph | 16 | | subsections 1, 4, 5, 6, 7,
9, 10, 11 or 13 of subsection | 17 | | paragraph (a) shall be effective until signs giving
reasonable | 18 | | notice of such local traffic regulations are posted.
| 19 | | (c) The provisions of this Code shall not prevent any
| 20 | | municipality having a population of 500,000 or more inhabitants | 21 | | from
prohibiting any person from driving or operating any motor | 22 | | vehicle upon
the roadways of such municipality with headlamps | 23 | | on high beam or bright.
| 24 | | (d) The provisions of this Code shall not be deemed to | 25 | | prevent local
authorities within the reasonable exercise of | 26 | | their police power from
prohibiting, on private property, the |
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| 1 | | unauthorized use of parking spaces
reserved for persons with | 2 | | disabilities.
| 3 | | (e) No unit of local government, including a home rule | 4 | | unit, may enact or
enforce an ordinance that applies only to | 5 | | motorcycles if the principal purpose
for that ordinance is to | 6 | | restrict the access of motorcycles to any highway or
portion of | 7 | | a highway for which federal or State funds have been used for | 8 | | the
planning, design, construction, or maintenance of that | 9 | | highway. No unit of
local government, including a home rule | 10 | | unit, may enact an ordinance requiring
motorcycle users to wear | 11 | | protective headgear. Nothing in this subsection
(e) shall | 12 | | affect the authority of a unit of local government to regulate
| 13 | | motorcycles for traffic control purposes or in accordance with | 14 | | Section 12-602
of this Code. No unit of local government, | 15 | | including a home rule unit, may
regulate motorcycles in a | 16 | | manner inconsistent with this Code. This subsection
(e) is a | 17 | | limitation under subsection (i) of Section 6 of Article VII of | 18 | | the
Illinois Constitution on the concurrent exercise by home | 19 | | rule units of powers
and functions exercised by the State.
| 20 | | (e-5) The City of Chicago may enact an ordinance providing | 21 | | for a noise monitoring system upon any portion of the roadway | 22 | | known as Lake Shore Drive. Twelve months after the installation | 23 | | of the noise monitoring system, and any time after the first | 24 | | report as the City deems necessary, the City of Chicago shall | 25 | | prepare a noise monitoring report with the data collected from | 26 | | the system and shall, upon request, make the report available |
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| 1 | | to the public. For purposes of this subsection (e-5), "noise | 2 | | monitoring system" means an automated noise monitor capable of | 3 | | recording noise levels 24 hours per day and 365 days per year | 4 | | with computer equipment sufficient to process the data. | 5 | | (e-10) (e-5) A unit of local government, including a home | 6 | | rule unit, may not enact an ordinance prohibiting the use of | 7 | | Automated Driving System equipped vehicles on its roadways. | 8 | | Nothing in this subsection (e-10) (e-5) shall affect the | 9 | | authority of a unit of local government to regulate Automated | 10 | | Driving System equipped vehicles for traffic control purposes. | 11 | | No unit of local government, including a home rule unit, may | 12 | | regulate Automated Driving System equipped vehicles in a manner | 13 | | inconsistent with this Code. For purposes of this subsection | 14 | | (e-10) (e-5) , "Automated Driving System equipped vehicle" | 15 | | means any vehicle equipped with an Automated Driving System of | 16 | | hardware and software that are collectively capable of | 17 | | performing the entire dynamic driving task on a sustained | 18 | | basis, regardless of whether it is limited to a specific | 19 | | operational domain. This subsection (e-10) (e-5) is a | 20 | | limitation under subsection (i) of Section 6 of Article VII of | 21 | | the Illinois Constitution on the concurrent exercise by home | 22 | | rule units of powers and functions exercised by the State. | 23 | | (f) A municipality or county designated in Section 11-208.6 | 24 | | may enact an ordinance providing for an
automated traffic law | 25 | | enforcement system to enforce violations of this Code or
a | 26 | | similar provision of a local ordinance and imposing liability |
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| 1 | | on a registered owner or lessee of a vehicle used in such a | 2 | | violation.
| 3 | | (g) A municipality or county, as provided in Section | 4 | | 11-1201.1, may enact an ordinance providing for an automated | 5 | | traffic law enforcement system to enforce violations of Section | 6 | | 11-1201 of this Code or a similar provision of a local | 7 | | ordinance and imposing liability on a registered owner of a | 8 | | vehicle used in such a violation.
| 9 | | (h) A municipality designated in Section 11-208.8 may enact | 10 | | an ordinance providing for an
automated speed enforcement | 11 | | system to enforce violations of Article VI of Chapter 11 of | 12 | | this Code or a similar provision of a local ordinance. | 13 | | (i) A municipality or county designated in Section 11-208.9 | 14 | | may enact an ordinance providing for an
automated traffic law | 15 | | enforcement system to enforce violations of Section 11-1414 of | 16 | | this Code or
a similar provision of a local ordinance and | 17 | | imposing liability on a registered owner or lessee of a vehicle | 18 | | used in such a violation. | 19 | | (j) A municipality or county designated in Section | 20 | | 11-208.10 may enact an ordinance providing for a manual traffic | 21 | | law enforcement system to enforce violations of Article VI of | 22 | | Chapter 11 of this Code or a similar provision of a local | 23 | | ordinance. | 24 | | (Source: P.A. 99-143, eff. 7-27-15; 100-209, eff. 1-1-18; | 25 | | 100-257, eff. 8-22-17; 100-352, eff. 6-1-18; revised 10-6-17.)
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| 1 | | (625 ILCS 5/11-208.3) (from Ch. 95 1/2, par. 11-208.3)
| 2 | | Sec. 11-208.3. Administrative adjudication of violations | 3 | | of traffic
regulations concerning the standing, parking, or | 4 | | condition of
vehicles, automated traffic law violations, and | 5 | | automated speed enforcement system violations , and manual | 6 | | traffic law enforcement system violations .
| 7 | | (a) Any municipality or county may provide by ordinance for | 8 | | a system of
administrative adjudication of vehicular standing | 9 | | and parking violations and
vehicle compliance violations as | 10 | | described in this subsection, automated traffic law violations | 11 | | as defined in Section 11-208.6, 11-208.9, or 11-1201.1, and | 12 | | automated speed enforcement system violations as defined in | 13 | | Section 11-208.8 , and manual traffic law enforcement system | 14 | | violations as defined in Section 11-208.10 .
The administrative | 15 | | system shall have as its purpose the fair and
efficient | 16 | | enforcement of municipal or county regulations through the
| 17 | | administrative adjudication of automated speed enforcement | 18 | | system or automated traffic law violations and violations of | 19 | | municipal or county ordinances
regulating the standing and | 20 | | parking of vehicles, the condition and use of
vehicle | 21 | | equipment, and the display of municipal or county wheel tax | 22 | | licenses within the
municipality's
or county's borders. The | 23 | | administrative system shall only have authority to adjudicate
| 24 | | civil offenses carrying fines not in excess of $500 or | 25 | | requiring the completion of a traffic education program, or | 26 | | both, that occur after the
effective date of the ordinance |
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| 1 | | adopting such a system under this Section.
For purposes of this | 2 | | Section, "compliance violation" means a violation of a
| 3 | | municipal or county regulation governing the condition or use | 4 | | of equipment on a vehicle
or governing the display of a | 5 | | municipal or county wheel tax license.
| 6 | | (b) Any ordinance establishing a system of administrative | 7 | | adjudication
under this Section shall provide for:
| 8 | | (1) A traffic compliance administrator authorized to
| 9 | | adopt, distribute and
process parking, compliance, and | 10 | | automated speed enforcement system , manual traffic law | 11 | | enforcement system, or automated traffic law violation | 12 | | notices and other notices required
by this
Section, collect | 13 | | money paid as fines and penalties for violation of parking
| 14 | | and compliance
ordinances and automated speed enforcement | 15 | | system violations, manual traffic law enforcement system | 16 | | violations, or automated traffic law violations, and | 17 | | operate an administrative adjudication system. The traffic
| 18 | | compliance
administrator also may make a certified report | 19 | | to the Secretary of State
under Section 6-306.5.
| 20 | | (2) A parking, standing, compliance, automated speed | 21 | | enforcement system, manual traffic law enforcement system, | 22 | | or automated traffic law violation notice
that
shall | 23 | | specify the date,
time, and place of violation of a | 24 | | parking, standing,
compliance, automated speed enforcement | 25 | | system, manual traffic law enforcement system, or | 26 | | automated traffic law
regulation; the particular |
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| 1 | | regulation
violated; any requirement to complete a traffic | 2 | | education program; the fine and any penalty that may be | 3 | | assessed for late payment or failure to complete a required | 4 | | traffic education program, or both,
when so provided by | 5 | | ordinance; the vehicle make and state registration
number; | 6 | | and the identification number of the
person issuing the | 7 | | notice.
With regard to automated speed enforcement system | 8 | | violations, manual traffic law enforcement system | 9 | | violations, or automated traffic law violations, vehicle | 10 | | make shall be specified on the automated speed enforcement | 11 | | system , manual traffic law enforcement system, or | 12 | | automated traffic law violation notice if the make is | 13 | | available and readily discernible. With regard to | 14 | | municipalities or counties with a population of 1 million | 15 | | or more, it
shall be grounds for
dismissal of a parking
| 16 | | violation if the state registration number or vehicle make | 17 | | specified is
incorrect. The violation notice shall state | 18 | | that the completion of any required traffic education | 19 | | program, the payment of any indicated
fine, and the payment | 20 | | of any applicable penalty for late payment or failure to | 21 | | complete a required traffic education program, or both, | 22 | | shall operate as a
final disposition of the violation. The | 23 | | notice also shall contain
information as to the | 24 | | availability of a hearing in which the violation may
be | 25 | | contested on its merits. The violation notice shall specify | 26 | | the
time and manner in which a hearing may be had.
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| 1 | | (3) Service of the parking, standing, or compliance
| 2 | | violation notice by affixing the
original or a facsimile of | 3 | | the notice to an unlawfully parked vehicle or by
handing | 4 | | the notice to the operator of a vehicle if he or she is
| 5 | | present and service of an automated speed enforcement | 6 | | system , manual traffic law enforcement system, or | 7 | | automated traffic law violation notice by mail to the
| 8 | | address
of the registered owner or lessee of the cited | 9 | | vehicle as recorded with the Secretary of
State or the | 10 | | lessor of the motor vehicle within 30 days after the | 11 | | Secretary of State or the lessor of the motor vehicle | 12 | | notifies the municipality or county of the identity of the | 13 | | owner or lessee of the vehicle, but not later than 90 days | 14 | | after the violation, except that in the case of a lessee of | 15 | | a motor vehicle, service of an automated traffic law | 16 | | violation notice may occur no later than 210 days after the | 17 | | violation. A person authorized by ordinance to issue and | 18 | | serve parking,
standing, and compliance
violation notices | 19 | | shall certify as to the correctness of the facts entered
on | 20 | | the violation notice by signing his or her name to the | 21 | | notice at
the time of service or in the case of a notice | 22 | | produced by a computerized
device, by signing a single | 23 | | certificate to be kept by the traffic
compliance
| 24 | | administrator attesting to the correctness of all notices | 25 | | produced by the
device while it was under his or her | 26 | | control. In the case of an automated traffic law violation, |
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| 1 | | the ordinance shall
require
a
determination by a technician | 2 | | employed or contracted by the municipality or county that,
| 3 | | based on inspection of recorded images, the motor vehicle | 4 | | was being operated in
violation of Section 11-208.6, | 5 | | 11-208.9, or 11-1201.1 or a local ordinance.
If the | 6 | | technician determines that the
vehicle entered the | 7 | | intersection as part of a funeral procession or in order to
| 8 | | yield the right-of-way to an emergency vehicle, a citation | 9 | | shall not be issued. In municipalities with a population of | 10 | | less than 1,000,000 inhabitants and counties with a | 11 | | population of less than 3,000,000 inhabitants, the | 12 | | automated traffic law ordinance shall require that all | 13 | | determinations by a technician that a motor vehicle was | 14 | | being operated in
violation of Section 11-208.6, 11-208.9, | 15 | | or 11-1201.1 or a local ordinance must be reviewed and | 16 | | approved by a law enforcement officer or retired law | 17 | | enforcement officer of the municipality or county issuing | 18 | | the violation. In municipalities with a population of | 19 | | 1,000,000 or more inhabitants and counties with a | 20 | | population of 3,000,000 or more inhabitants, the automated | 21 | | traffic law ordinance shall require that all | 22 | | determinations by a technician that a motor vehicle was | 23 | | being operated in
violation of Section 11-208.6, 11-208.9, | 24 | | or 11-1201.1 or a local ordinance must be reviewed and | 25 | | approved by a law enforcement officer or retired law | 26 | | enforcement officer of the municipality or county issuing |
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| 1 | | the violation or by an additional fully-trained reviewing | 2 | | technician who is not employed by the contractor who | 3 | | employs the technician who made the initial determination. | 4 | | In the case of an automated speed enforcement system | 5 | | violation, the ordinance shall require a determination by a | 6 | | technician employed by the municipality, based upon an | 7 | | inspection of recorded images, video or other | 8 | | documentation, including documentation of the speed limit | 9 | | and automated speed enforcement signage, and documentation | 10 | | of the inspection, calibration, and certification of the | 11 | | speed equipment, that the vehicle was being operated in | 12 | | violation of Article VI of Chapter 11 of this Code or a | 13 | | similar local ordinance. If the technician determines that | 14 | | the vehicle speed was not determined by a calibrated, | 15 | | certified speed equipment device based upon the speed | 16 | | equipment documentation, or if the vehicle was an emergency | 17 | | vehicle, a citation may not be issued. The automated speed | 18 | | enforcement ordinance shall require that all | 19 | | determinations by a technician that a violation occurred be | 20 | | reviewed and approved by a law enforcement officer or | 21 | | retired law enforcement officer of the municipality | 22 | | issuing the violation or by an additional fully trained | 23 | | reviewing technician who is not employed by the contractor | 24 | | who employs the technician who made the initial | 25 | | determination. Routine and independent calibration of the | 26 | | speeds produced by automated speed enforcement systems and |
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| 1 | | equipment shall be conducted annually by a qualified | 2 | | technician. Speeds produced by an automated speed | 3 | | enforcement system shall be compared with speeds produced | 4 | | by lidar or other independent equipment. Radar or lidar | 5 | | equipment shall undergo an internal validation test no less | 6 | | frequently than once each week. Qualified technicians | 7 | | shall test loop based equipment no less frequently than | 8 | | once a year. Radar equipment shall be checked for accuracy | 9 | | by a qualified technician when the unit is serviced, when | 10 | | unusual or suspect readings persist, or when deemed | 11 | | necessary by a reviewing technician. Radar equipment shall | 12 | | be checked with the internal frequency generator and the | 13 | | internal circuit test whenever the radar is turned on. | 14 | | Technicians must be alert for any unusual or suspect | 15 | | readings, and if unusual or suspect readings of a radar | 16 | | unit persist, that unit shall immediately be removed from | 17 | | service and not returned to service until it has been | 18 | | checked by a qualified technician and determined to be | 19 | | functioning properly. Documentation of the annual | 20 | | calibration results, including the equipment tested, test | 21 | | date, technician performing the test, and test results, | 22 | | shall be maintained and available for use in the | 23 | | determination of an automated speed enforcement system | 24 | | violation and issuance of a citation. The technician | 25 | | performing the calibration and testing of the automated | 26 | | speed enforcement equipment shall be trained and certified |
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| 1 | | in the use of equipment for speed enforcement purposes. | 2 | | Training on the speed enforcement equipment may be | 3 | | conducted by law enforcement, civilian, or manufacturer's | 4 | | personnel and if applicable may be equivalent to the | 5 | | equipment use and operations training included in the Speed | 6 | | Measuring Device Operator Program developed by the | 7 | | National Highway Traffic Safety Administration (NHTSA). | 8 | | The vendor or technician who performs the work shall keep | 9 | | accurate records on each piece of equipment the technician | 10 | | calibrates and tests. As used in this paragraph, | 11 | | "fully-trained reviewing technician" means a person who | 12 | | has received at least 40 hours of supervised training in | 13 | | subjects which shall include image inspection and | 14 | | interpretation, the elements necessary to prove a | 15 | | violation, license plate identification, and traffic | 16 | | safety and management. In all municipalities and counties, | 17 | | the automated speed enforcement system , manual traffic law | 18 | | enforcement system, or automated traffic law ordinance | 19 | | shall require that no additional fee shall be charged to | 20 | | the alleged violator for exercising his or her right to an | 21 | | administrative hearing, and persons shall be given at least | 22 | | 25 days following an administrative hearing to pay any | 23 | | civil penalty imposed by a finding that Section 11-208.6, | 24 | | 11-208.8, 11-208.9, 11-208.10, or 11-1201.1 or a similar | 25 | | local ordinance has been violated. The original or a
| 26 | | facsimile of the violation notice or, in the case of a |
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| 1 | | notice produced by a
computerized device, a printed record | 2 | | generated by the device showing the facts
entered on the | 3 | | notice, shall be retained by the
traffic compliance
| 4 | | administrator, and shall be a record kept in the ordinary | 5 | | course of
business. A parking, standing, compliance, | 6 | | automated speed enforcement system, manual traffic law | 7 | | enforcement system, or automated traffic law violation | 8 | | notice issued,
signed and served in
accordance with this | 9 | | Section, a copy of the notice, or the computer
generated | 10 | | record shall be prima facie
correct and shall be prima | 11 | | facie evidence of the correctness of the facts
shown on the | 12 | | notice. The notice, copy, or computer generated
record | 13 | | shall be admissible in any
subsequent administrative or | 14 | | legal proceedings.
| 15 | | (4) An opportunity for a hearing for the registered | 16 | | owner of the
vehicle cited in the parking, standing, | 17 | | compliance, automated speed enforcement system, manual | 18 | | traffic law enforcement system, or automated traffic law | 19 | | violation notice in
which the owner may
contest the merits | 20 | | of the alleged violation, and during which formal or
| 21 | | technical rules of evidence shall not apply; provided, | 22 | | however, that under
Section 11-1306 of this Code the lessee | 23 | | of a vehicle cited in the
violation notice likewise shall | 24 | | be provided an opportunity for a hearing of
the same kind | 25 | | afforded the registered owner. The hearings shall be
| 26 | | recorded, and the person conducting the hearing on behalf |
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| 1 | | of the traffic
compliance
administrator shall be empowered | 2 | | to administer oaths and to secure by
subpoena both the | 3 | | attendance and testimony of witnesses and the production
of | 4 | | relevant books and papers. Persons appearing at a hearing | 5 | | under this
Section may be represented by counsel at their | 6 | | expense. The ordinance may
also provide for internal | 7 | | administrative review following the decision of
the | 8 | | 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 11-208.8 | 17 | | of this Code, or subsection (p) of Section 208.10 of this | 18 | | Code, to the lessee of the cited vehicle at the last | 19 | | address known
to the lessor of the cited vehicle at the | 20 | | time of lease or, if any notice to that address is returned | 21 | | as undeliverable, to the last known address recorded in a | 22 | | United States Post Office approved database.
The service | 23 | | shall
be deemed complete as of the date of deposit in the | 24 | | United States mail.
The notices shall be in the following | 25 | | sequence and shall include but not be
limited to the | 26 | | information specified herein:
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| 1 | | (i) A second notice of parking, standing, or | 2 | | compliance violation. This notice shall specify the
| 3 | | date and location of the violation cited in the | 4 | | parking,
standing,
or compliance violation
notice, the | 5 | | particular regulation violated, the vehicle
make and | 6 | | state registration number, any requirement to complete | 7 | | a traffic education program, the fine and any penalty | 8 | | that may be
assessed for late payment or failure to | 9 | | complete a traffic education program, or both, when so | 10 | | provided by ordinance, the availability
of a hearing in | 11 | | which the violation may be contested on its merits, and | 12 | | the
time and manner in which the hearing may be had. | 13 | | The notice of violation
shall also state that failure | 14 | | to complete a required traffic education program, to | 15 | | pay the indicated fine and any
applicable penalty, or | 16 | | to appear at a hearing on the merits in the time and
| 17 | | manner specified, will result in a final determination | 18 | | of violation
liability for the cited violation in the | 19 | | amount of the fine or penalty
indicated, and that, upon | 20 | | the occurrence of a final determination of violation | 21 | | liability for the failure, and the exhaustion of, or
| 22 | | failure to exhaust, available administrative or | 23 | | judicial procedures for
review, any incomplete traffic | 24 | | education program or any unpaid fine or penalty, or | 25 | | both, will constitute a debt due and owing
the | 26 | | municipality or county.
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| 1 | | (ii) A notice of final determination of parking, | 2 | | standing,
compliance, automated speed enforcement | 3 | | system, manual traffic law enforcement system, or | 4 | | automated traffic law violation liability.
This notice | 5 | | shall be sent following a final determination of | 6 | | parking,
standing, compliance, automated speed | 7 | | enforcement system, manual traffic law enforcement | 8 | | system, or automated traffic law
violation liability | 9 | | and the conclusion of judicial review procedures taken
| 10 | | under this Section. The notice shall state that the | 11 | | incomplete traffic education program or the unpaid | 12 | | fine or
penalty, or both, is a debt due and owing the | 13 | | municipality or county. The notice shall contain
| 14 | | warnings that failure to complete any required traffic | 15 | | education program or to pay any fine or penalty due and | 16 | | owing the
municipality or county, or both, within the | 17 | | time specified may result in the municipality's
or | 18 | | county's filing of a petition in the Circuit Court to | 19 | | have the incomplete traffic education program or | 20 | | unpaid
fine or penalty, or both, rendered a judgment as | 21 | | provided by this Section, or may
result in suspension | 22 | | of the person's drivers license for failure to complete | 23 | | a traffic education program or to pay
fines or | 24 | | penalties, or both, for 10 or more parking violations | 25 | | under Section 6-306.5, or a combination of 5 or more | 26 | | automated traffic law violations under Section |
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| 1 | | 11-208.6 or 11-208.9 , or automated speed enforcement | 2 | | system violations under Section 11-208.8 , and manual | 3 | | traffic law enforcement system violations under | 4 | | Section 11-208.10 .
| 5 | | (6) A notice of impending drivers license suspension. | 6 | | This
notice shall be sent to the person liable for failure | 7 | | to complete a required traffic education program or to pay | 8 | | any fine or penalty that
remains due and owing, or both, on | 9 | | 10 or more parking
violations or combination of 5 or more | 10 | | unpaid automated speed enforcement system violations, | 11 | | manual traffic law enforcement system violations, or | 12 | | automated traffic law violations. The notice
shall state | 13 | | that failure to complete a required traffic education | 14 | | program or to pay the fine or penalty owing, or both, | 15 | | within 45 days of
the notice's date will result in the | 16 | | municipality or county notifying the Secretary
of State | 17 | | that the person is eligible for initiation of suspension
| 18 | | proceedings under Section 6-306.5 of this Code. The notice | 19 | | shall also state
that the person may obtain a photostatic | 20 | | copy of an original ticket imposing a
fine or penalty by | 21 | | sending a self addressed, stamped envelope to the
| 22 | | municipality or county along with a request for the | 23 | | photostatic copy.
The notice of impending
drivers license | 24 | | suspension shall be sent by first class United States mail,
| 25 | | postage prepaid, to the address recorded with the Secretary | 26 | | of State or, if any notice to that address is returned as |
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| 1 | | undeliverable, to the last known address recorded in a | 2 | | United States Post Office approved database.
| 3 | | (7) Final determinations of violation liability. A | 4 | | final
determination of violation liability shall occur | 5 | | following failure to complete the required traffic | 6 | | education program or
to pay the fine or penalty, or both, | 7 | | after a hearing officer's determination of violation | 8 | | liability and the exhaustion of or failure to exhaust any
| 9 | | administrative review procedures provided by ordinance. | 10 | | Where a person
fails to appear at a hearing to contest the | 11 | | alleged violation in the time
and manner specified in a | 12 | | prior mailed notice, the hearing officer's
determination | 13 | | of violation liability shall become final: (A) upon
denial | 14 | | of a timely petition to set aside that determination, or | 15 | | (B) upon
expiration of the period for filing the petition | 16 | | without a
filing having been made.
| 17 | | (8) A petition to set aside a determination of parking, | 18 | | standing,
compliance, automated speed enforcement system, | 19 | | manual traffic law enforcement system, or automated | 20 | | traffic law violation
liability that may be filed by a | 21 | | person owing an unpaid fine or penalty. A petition to set | 22 | | aside a determination of liability may also be filed by a | 23 | | person required to complete a traffic education program.
| 24 | | The petition shall be filed with and ruled upon by the | 25 | | traffic compliance
administrator in the manner and within | 26 | | the time specified by ordinance.
The grounds for the |
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| 1 | | petition may be limited to: (A) the person not having
been | 2 | | the owner or lessee of the cited vehicle on the date the
| 3 | | violation notice was issued, (B) the person having already | 4 | | completed the required traffic education program or paid | 5 | | the fine or
penalty, or both, for the violation in | 6 | | question, and (C) excusable failure to
appear at or
request | 7 | | a new date for a hearing.
With regard to municipalities or | 8 | | counties with a population of 1 million or more, it
shall | 9 | | be grounds for
dismissal of a
parking violation if the | 10 | | state registration number, or vehicle make if specified, is
| 11 | | incorrect. After the determination of
parking, standing, | 12 | | compliance, automated speed enforcement system, manual | 13 | | traffic law enforcement system, or automated traffic law | 14 | | violation liability has been set aside
upon a showing of | 15 | | just
cause, the registered owner shall be provided with a | 16 | | hearing on the merits
for that violation.
| 17 | | (9) Procedures for non-residents. Procedures by which | 18 | | persons who are
not residents of the municipality or county | 19 | | may contest the merits of the alleged
violation without | 20 | | attending a hearing.
| 21 | | (10) A schedule of civil fines for violations of | 22 | | vehicular standing,
parking, compliance, automated speed | 23 | | enforcement system, manual traffic law enforcement system, | 24 | | or automated traffic law regulations enacted by ordinance | 25 | | pursuant to this
Section, and a
schedule of penalties for | 26 | | late payment of the fines or failure to complete required |
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| 1 | | traffic education programs, provided, however,
that the | 2 | | total amount of the fine and penalty for any one violation | 3 | | shall
not exceed $250, except as provided in subsection (c) | 4 | | of Section 11-1301.3 of this Code.
| 5 | | (11) Other provisions as are necessary and proper to | 6 | | carry into
effect the powers granted and purposes stated in | 7 | | this Section.
| 8 | | (c) Any municipality or county establishing vehicular | 9 | | standing, parking,
compliance, automated speed enforcement | 10 | | system, manual traffic law enforcement system, or automated | 11 | | traffic law
regulations under this Section may also provide by | 12 | | ordinance for a
program of vehicle immobilization for the | 13 | | purpose of facilitating
enforcement of those regulations. The | 14 | | program of vehicle
immobilization shall provide for | 15 | | immobilizing any eligible vehicle upon the
public way by | 16 | | presence of a restraint in a manner to prevent operation of
the | 17 | | vehicle. Any ordinance establishing a program of vehicle
| 18 | | immobilization under this Section shall provide:
| 19 | | (1) Criteria for the designation of vehicles eligible | 20 | | for
immobilization. A vehicle shall be eligible for | 21 | | immobilization when the
registered owner of the vehicle has | 22 | | accumulated the number of incomplete traffic education | 23 | | programs or unpaid final
determinations of parking, | 24 | | standing, compliance, automated speed enforcement system, | 25 | | manual traffic law enforcement system, or automated | 26 | | traffic law violation liability, or both, as
determined by |
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| 1 | | ordinance.
| 2 | | (2) A notice of impending vehicle immobilization and a | 3 | | right to a
hearing to challenge the validity of the notice | 4 | | by disproving liability
for the incomplete traffic | 5 | | education programs or unpaid final determinations of | 6 | | parking, standing, compliance, automated speed enforcement | 7 | | system, manual traffic law enforcement system, or | 8 | | automated traffic law
violation liability, or both, listed
| 9 | | on the notice.
| 10 | | (3) The right to a prompt hearing after a vehicle has | 11 | | been immobilized
or subsequently towed without the | 12 | | completion of the required traffic education program or | 13 | | payment of the outstanding fines and
penalties on parking, | 14 | | standing, compliance, automated speed enforcement system, | 15 | | manual traffic law enforcement system, or automated | 16 | | traffic law violations, or both, for which final
| 17 | | determinations have been
issued. An order issued after the | 18 | | hearing is a final administrative
decision within the | 19 | | meaning of Section 3-101 of the Code of Civil Procedure.
| 20 | | (4) A post immobilization and post-towing notice | 21 | | advising the registered
owner of the vehicle of the right | 22 | | to a hearing to challenge the validity
of the impoundment.
| 23 | | (d) Judicial review of final determinations of parking, | 24 | | standing,
compliance, automated speed enforcement system, | 25 | | manual traffic law enforcement system, or automated traffic law
| 26 | | violations and final administrative decisions issued after |
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| 1 | | hearings
regarding vehicle immobilization and impoundment made
| 2 | | under this Section shall be subject to the provisions of
the | 3 | | Administrative Review Law.
| 4 | | (e) Any fine, penalty, incomplete traffic education | 5 | | program, or part of any fine or any penalty remaining
unpaid | 6 | | after the exhaustion of, or the failure to exhaust, | 7 | | administrative
remedies created under this Section and the | 8 | | conclusion of any judicial
review procedures shall be a debt | 9 | | due and owing the municipality or county and, as
such, may be | 10 | | collected in accordance with applicable law. Completion of any | 11 | | required traffic education program and payment in full
of any | 12 | | fine or penalty resulting from a standing, parking,
compliance, | 13 | | automated speed enforcement system, manual traffic law | 14 | | enforcement system, or automated traffic law violation shall
| 15 | | constitute a final disposition of that violation.
| 16 | | (f) After the expiration of the period within which | 17 | | judicial review may
be sought for a final determination of | 18 | | parking, standing, compliance, automated speed enforcement | 19 | | system, manual traffic law enforcement system, or automated | 20 | | traffic law
violation, the municipality
or county may commence | 21 | | a proceeding in the Circuit Court for purposes of obtaining a
| 22 | | judgment on the final determination of violation. Nothing in | 23 | | this
Section shall prevent a municipality or county from | 24 | | consolidating multiple final
determinations of parking, | 25 | | standing, compliance, automated speed enforcement system, | 26 | | manual traffic law enforcement system, or automated traffic law |
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| 1 | | violations against a
person in a proceeding.
Upon commencement | 2 | | of the action, the municipality or county shall file a | 3 | | certified
copy or record of the final determination of parking, | 4 | | standing, compliance, automated speed enforcement system, | 5 | | manual traffic law enforcement system, or automated traffic law
| 6 | | violation, which shall be
accompanied by a certification that | 7 | | recites facts sufficient to show that
the final determination | 8 | | of violation was
issued in accordance with this Section and the | 9 | | applicable municipal
or county ordinance. Service of the | 10 | | summons and a copy of the petition may be by
any method | 11 | | provided by Section 2-203 of the Code of Civil Procedure or by
| 12 | | certified mail, return receipt requested, provided that the | 13 | | total amount of
fines and penalties for final determinations of | 14 | | parking, standing,
compliance, automated speed enforcement | 15 | | system, manual traffic law enforcement system, or automated | 16 | | traffic law violations does not
exceed $2500. If the court is | 17 | | satisfied that the final determination of
parking, standing, | 18 | | compliance, automated speed enforcement system, manual traffic | 19 | | law enforcement system, or automated traffic law violation was | 20 | | entered in accordance with
the requirements of
this Section and | 21 | | the applicable municipal or county ordinance, and that the | 22 | | registered
owner or the lessee, as the case may be, had an | 23 | | opportunity for an
administrative hearing and for judicial | 24 | | review as provided in this Section,
the court shall render | 25 | | judgment in favor of the municipality or county and against
the | 26 | | registered owner or the lessee for the amount indicated in the |
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| 1 | | final
determination of parking, standing, compliance, | 2 | | automated speed enforcement system, manual traffic law | 3 | | enforcement system, or automated traffic law violation, plus | 4 | | costs.
The judgment shall have
the same effect and may be | 5 | | enforced in the same manner as other judgments
for the recovery | 6 | | of money.
| 7 | | (g) The fee for participating in a traffic education | 8 | | program under this Section shall not exceed $25. | 9 | | A low-income individual required to complete a traffic | 10 | | education program under this Section who provides proof of | 11 | | eligibility for the federal earned income tax credit under | 12 | | Section 32 of the Internal Revenue Code or the Illinois earned | 13 | | income tax credit under Section 212 of the Illinois Income Tax | 14 | | Act shall not be required to pay any fee for participating in a | 15 | | required traffic education program. | 16 | | (Source: P.A. 97-29, eff. 1-1-12; 97-333, eff. 8-12-11; 97-672, | 17 | | eff. 7-1-12; 98-556, eff. 1-1-14; 98-1028, eff. 8-22-14.)
| 18 | | (625 ILCS 5/11-208.10 new) | 19 | | Sec. 11-208.10. Manual traffic law enforcement systems. | 20 | | (a) As used in this Section, "manual traffic law | 21 | | enforcement system" means a digital imaging device capable of | 22 | | capturing high resolution images and videos of vehicles, in | 23 | | violation of Article VI of this Chapter or a similar provision | 24 | | of a local ordinance, that requires a law enforcement officer | 25 | | to be present to operate the device to obtain the recorded |
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| 1 | | images. | 2 | | (b) A manual traffic law enforcement system shall be | 3 | | operational and violations shall be recorded at any time a law | 4 | | enforcement officer is present operating the device. | 5 | | (c) A municipality or county that produces a recorded image | 6 | | of a motor vehicle's violation of a provision of this Code or a | 7 | | similar provision of a local ordinance must make the recorded | 8 | | images of a violation accessible to the alleged violator by | 9 | | providing the alleged violator with a website address, | 10 | | accessible through the Internet. | 11 | | (d) Notwithstanding any penalties for any other violations | 12 | | of this Code, the owner of a motor vehicle used in a traffic | 13 | | violation recorded by a manual traffic law enforcement system | 14 | | shall be subject to the following penalties: | 15 | | (1) if the recorded speed is no less than 6 miles per | 16 | | hour and no more than 10 miles per hour over the legal | 17 | | speed limit, a civil penalty not exceeding $50, plus an | 18 | | additional penalty of not more than $50 for failure to pay | 19 | | the original penalty in a timely manner; or | 20 | | (2) if the recorded speed is more than 10 miles per | 21 | | hour over the legal speed limit, a civil penalty not | 22 | | exceeding $100, plus an additional penalty of not more than | 23 | | $100 for failure to pay the original penalty in a timely | 24 | | manner, including, but not limited to, collection fees. | 25 | | A penalty may not be imposed under this Section if the | 26 | | driver of the motor vehicle received a Uniform Traffic Citation |
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| 1 | | from a police officer for a speeding violation occurring within | 2 | | one-eighth of a mile and 15 minutes of the violation that was | 3 | | recorded by the system. A violation for which a civil penalty | 4 | | is imposed under this Section is not a violation of a traffic | 5 | | regulation governing the movement of vehicles and may not be | 6 | | recorded on the driving record of the owner of the vehicle. No | 7 | | penalty may be imposed under this Section if the recorded speed | 8 | | of a vehicle is 5 miles per hour or less over the legal speed | 9 | | limit. The municipality or county may send, in the same manner | 10 | | that notices are sent under this Section, a speed violation | 11 | | warning notice where the violation involves a speed of 5 miles | 12 | | per hour or less above the legal speed limit. | 13 | | (e) The net proceeds that a municipality or county receives | 14 | | from civil penalties imposed under a manual traffic law | 15 | | enforcement system, after deducting all non-personnel and | 16 | | personnel costs associated with the operation and maintenance | 17 | | of such system, shall be expended or obligated by the | 18 | | municipality or county for the following purposes: | 19 | | (i) public safety initiatives to ensure safe passage | 20 | | around schools, and to provide police protection and | 21 | | surveillance around schools and parks, including but not | 22 | | limited to: (1) personnel costs; and (2) non-personnel | 23 | | costs such as construction and maintenance of public safety | 24 | | infrastructure and equipment; | 25 | | (ii) initiatives to improve pedestrian and traffic | 26 | | safety; |
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| 1 | | (iii) construction and maintenance of infrastructure | 2 | | within the municipality or county, including, but not | 3 | | limited to, roads and bridges; | 4 | | (iv) after school programs; and | 5 | | (v) public safety. | 6 | | (f) For each violation of a provision of this Code or a | 7 | | local ordinance recorded by a manual traffic law enforcement | 8 | | system, the municipality or county having jurisdiction shall | 9 | | issue a written notice of the violation to the registered owner | 10 | | of the vehicle as the alleged violator. The notice shall be | 11 | | delivered to the registered owner of the vehicle, by mail, | 12 | | within 30 days after the Secretary of State notifies the | 13 | | municipality or county of the identity of the owner of the | 14 | | vehicle, but in no event later than 90 days after the | 15 | | violation. | 16 | | (g) The notice required under subsection (e) of this | 17 | | Section shall include: | 18 | | (1) the name and address of the registered owner of the | 19 | | vehicle; | 20 | | (2) the registration number of the motor vehicle | 21 | | involved in the violation; | 22 | | (3) the violation charged; | 23 | | (4) the date, time, and location where the violation | 24 | | occurred; | 25 | | (5) a copy of the recorded image or images; | 26 | | (6) the amount of the civil penalty imposed and the |
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| 1 | | date by which the civil penalty should be paid; | 2 | | (7) a statement that recorded images are evidence of a | 3 | | violation of a speed restriction; | 4 | | (8) a warning that failure to pay the civil penalty or | 5 | | to contest liability in a timely manner is an admission of | 6 | | liability and may result in a suspension of the driving | 7 | | privileges of the registered owner of the vehicle; | 8 | | (9) a statement that the person may elect to proceed | 9 | | by:
(A) paying the fine; or
(B) challenging the charge by | 10 | | administrative hearing; and | 11 | | (10) a website address, accessible through the | 12 | | Internet, where the person may view the recorded images of | 13 | | the violation. | 14 | | (h) If a person charged with a traffic violation, as a | 15 | | result of a manual traffic law enforcement system, does not pay | 16 | | the fine or successfully contest the civil penalty resulting | 17 | | from that violation, the Secretary of State shall suspend the | 18 | | driving privileges of the registered owner of the vehicle as | 19 | | provided in Section 6-306.5 of this Code. | 20 | | (i) Based on inspection of recorded images produced by a | 21 | | manual traffic law enforcement system, a notice alleging that | 22 | | the violation occurred shall be evidence of the facts contained | 23 | | in the notice and admissible in any proceeding alleging a | 24 | | violation under this Section. | 25 | | (j) Recorded images made by a manual traffic law | 26 | | enforcement system are confidential and shall be made available |
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| 1 | | only to the alleged violator and governmental and law | 2 | | enforcement agencies for purposes of adjudicating a violation | 3 | | of this Section, for statistical purposes, or for other | 4 | | governmental purposes. Any recorded image evidencing a | 5 | | violation of this Section, however, may be admissible in any | 6 | | proceeding resulting from the issuance of the citation. | 7 | | (k) The hearing officer may consider in defense of a | 8 | | violation: | 9 | | (1) that the motor vehicle or registration plates of | 10 | | the motor vehicle were stolen before the violation occurred | 11 | | and not under the control or in the possession of the owner | 12 | | at the time of the violation; | 13 | | (2) that the driver of the motor vehicle received a | 14 | | Uniform Traffic Citation from a police officer for a | 15 | | speeding violation occurring within one-eighth of a mile | 16 | | and 15 minutes of the violation that was recorded by the | 17 | | system; and | 18 | | (3) any other evidence or issues provided by municipal | 19 | | ordinance. | 20 | | (l) To demonstrate that the motor vehicle or the | 21 | | registration plates were stolen before the violation occurred | 22 | | and were not under the control or possession of the owner at | 23 | | the time of the violation, the owner must submit proof that a | 24 | | report concerning the stolen motor vehicle or registration | 25 | | plates was filed with a law enforcement agency in a timely | 26 | | manner. |
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| 1 | | (m) The municipality or county shall post a sign conforming | 2 | | to the national Manual on Uniform Traffic Control Devices at | 3 | | the entrance of the city limits of the municipality or at the | 4 | | county line. The municipality or county may install such | 5 | | additional signs as necessary to give reasonable notice to | 6 | | drivers. | 7 | | (n) A municipality or county utilizing a manual traffic law | 8 | | enforcement system shall publish in a local newspaper and on | 9 | | the municipal or county website a notice providing 30-day | 10 | | notice of the use of a manual traffic law enforcement system | 11 | | prior to the issuance of any citations through the manual | 12 | | traffic law enforcement system. | 13 | | (o) The compensation paid for a manual traffic law | 14 | | enforcement system shall be based on the value of the equipment | 15 | | or the services provided and may not be based on the number of | 16 | | traffic citations issued or the revenue generated by the | 17 | | system. | 18 | | (p) No person who is the lessor of a motor vehicle pursuant | 19 | | to a written lease agreement shall be liable for a manual | 20 | | traffic law or traffic law enforcement system violation | 21 | | involving the motor vehicle during the period of the lease if, | 22 | | upon the request of the appropriate authority received within | 23 | | 120 days after the violation occurred, the lessor provides, | 24 | | within 60 days after receipt of the request, the name and | 25 | | address of the lessee. The driver's license number of a lessee | 26 | | may be subsequently individually requested by the appropriate |
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| 1 | | authority, if needed for enforcement of this Section. | 2 | | Upon the provision of information by the lessor pursuant to | 3 | | this subsection, the municipality or county may issue the | 4 | | violation to the lessee of the vehicle in the same manner as it | 5 | | would issue a violation to a registered owner of a vehicle | 6 | | pursuant to this Section, and the lessee may be held liable for | 7 | | the violation. | 8 | | (q) A municipality or county using a manual traffic law | 9 | | enforcement system must provide notice to drivers by publishing | 10 | | the locations of all areas where system equipment is installed | 11 | | or utilized on the website of the municipality or county. | 12 | | (625 ILCS 5/11-612) | 13 | | Sec. 11-612. Certain systems to record vehicle speeds | 14 | | prohibited. Except as authorized in the Automated Traffic | 15 | | Control Systems in Highway Construction or Maintenance Zones | 16 | | Act and Sections Section 11-208.8 and ll-208.10 of this Code, | 17 | | no photographic, video, or other imaging system may be used in | 18 | | this State to record vehicle speeds for the purpose of | 19 | | enforcing any law or ordinance regarding a maximum or minimum | 20 | | speed limit unless a law enforcement officer is present at the | 21 | | scene and witnesses the event. No State or local governmental | 22 | | entity, including a home rule county or municipality, may use | 23 | | such a system in a way that is prohibited by this Section. The | 24 | | regulation of the use of such systems is an exclusive power and | 25 | | function of the State. This Section is a denial and limitation |
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| 1 | | of home rule powers and functions under subsection (h) of | 2 | | Section 6 of Article VII of the Illinois Constitution.
| 3 | | (Source: P.A. 97-672, eff. 7-1-12 .)
| 4 | | Section 95. No acceleration or delay. Where this Act makes | 5 | | changes in a statute that is represented in this Act by text | 6 | | that is not yet or no longer in effect (for example, a Section | 7 | | represented by multiple versions), the use of that text does | 8 | | not accelerate or delay the taking effect of (i) the changes | 9 | | made by this Act or (ii) provisions derived from any other | 10 | | Public Act. | 11 | | Section 99. Effective date. This Act takes effect upon | 12 | | becoming law.".
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