Public Act 098-0556
 
SB0923 EnrolledLRB098 05193 MLW 35224 b

    AN ACT concerning transportation.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Illinois Vehicle Code is amended by changing
Sections 1-105.2, 6-306.5, 11-208, 11-208.3, and 11-612 and by
adding Section 11-208.9 as follows:
 
    (625 ILCS 5/1-105.2)
    Sec. 1-105.2. Automated traffic law violation. A violation
described in Section 11-208.6, 11-208.9, or 11-1201.1 of this
Code.
(Source: P.A. 96-478, eff. 1-1-10.)
 
    (625 ILCS 5/6-306.5)  (from Ch. 95 1/2, par. 6-306.5)
    Sec. 6-306.5. Failure to pay fine or penalty for standing,
parking, compliance, automated speed enforcement system, or
automated traffic law violations; suspension of driving
privileges.
    (a) Upon receipt of a certified report, as prescribed by
subsection (c) of this Section, from any municipality or county
stating that the owner of a registered vehicle: (1) has failed
to pay any fine or penalty due and owing as a result of 10 or
more violations of a municipality's or county's vehicular
standing, parking, or compliance regulations established by
ordinance pursuant to Section 11-208.3 of this Code, (2) has
failed to pay any fine or penalty due and owing as a result of 5
offenses for automated speed enforcement system violations or
automated traffic violations as defined in Sections 11-208.6,
11-208.8, 11-208.9, or 11-1201.1, or combination thereof, or
(3) is more than 14 days in default of a payment plan pursuant
to which a suspension had been terminated under subsection (c)
of this Section, the Secretary of State shall suspend the
driving privileges of such person in accordance with the
procedures set forth in this Section. The Secretary shall also
suspend the driving privileges of an owner of a registered
vehicle upon receipt of a certified report, as prescribed by
subsection (f) of this Section, from any municipality or county
stating that such person has failed to satisfy any fines or
penalties imposed by final judgments for 5 or more automated
speed enforcement system or automated traffic law violations,
or combination thereof, or 10 or more violations of local
standing, parking, or compliance regulations after exhaustion
of judicial review procedures.
    (b) Following receipt of the certified report of the
municipality or county as specified in this Section, the
Secretary of State shall notify the person whose name appears
on the certified report that the person's drivers license will
be suspended at the end of a specified period of time unless
the Secretary of State is presented with a notice from the
municipality or county certifying that the fine or penalty due
and owing the municipality or county has been paid or that
inclusion of that person's name on the certified report was in
error. The Secretary's notice shall state in substance the
information contained in the municipality's or county's
certified report to the Secretary, and shall be effective as
specified by subsection (c) of Section 6-211 of this Code.
    (c) The report of the appropriate municipal or county
official notifying the Secretary of State of unpaid fines or
penalties pursuant to this Section shall be certified and shall
contain the following:
        (1) The name, last known address as recorded with the
    Secretary of State, as provided by the lessor of the cited
    vehicle at the time of lease, or as recorded in a United
    States Post Office approved database if any notice sent
    under Section 11-208.3 of this Code is returned as
    undeliverable, and drivers license number of the person who
    failed to pay the fine or penalty or who has defaulted in a
    payment plan and the registration number of any vehicle
    known to be registered to such person in this State.
        (2) The name of the municipality or county making the
    report pursuant to this Section.
        (3) A statement that the municipality or county sent a
    notice of impending drivers license suspension as
    prescribed by ordinance enacted pursuant to Section
    11-208.3 of this Code or a notice of default in a payment
    plan, to the person named in the report at the address
    recorded with the Secretary of State or at the last address
    known to the lessor of the cited vehicle at the time of
    lease or, if any notice sent under Section 11-208.3 of this
    Code is returned as undeliverable, at the last known
    address recorded in a United States Post Office approved
    database; the date on which such notice was sent; and the
    address to which such notice was sent. In a municipality or
    county with a population of 1,000,000 or more, the report
    shall also include a statement that the alleged violator's
    State vehicle registration number and vehicle make, if
    specified on the automated speed enforcement system
    violation or automated traffic law violation notice, are
    correct as they appear on the citations.
        (4) A unique identifying reference number for each
    request of suspension sent whenever a person has failed to
    pay the fine or penalty or has defaulted on a payment plan.
    (d) Any municipality or county making a certified report to
the Secretary of State pursuant to this Section shall notify
the Secretary of State, in a form prescribed by the Secretary,
whenever a person named in the certified report has paid the
previously reported fine or penalty, whenever a person named in
the certified report has entered into a payment plan pursuant
to which the municipality or county has agreed to terminate the
suspension, or whenever the municipality or county determines
that the original report was in error. A certified copy of such
notification shall also be given upon request and at no
additional charge to the person named therein. Upon receipt of
the municipality's or county's notification or presentation of
a certified copy of such notification, the Secretary of State
shall terminate the suspension.
    (e) Any municipality or county making a certified report to
the Secretary of State pursuant to this Section shall also by
ordinance establish procedures for persons to challenge the
accuracy of the certified report. The ordinance shall also
state the grounds for such a challenge, which may be limited to
(1) the person not having been the owner or lessee of the
vehicle or vehicles receiving 10 or more standing, parking, or
compliance violation notices or a combination of 5 or more
automated speed enforcement system or automated traffic law
violations on the date or dates such notices were issued; and
(2) the person having already paid the fine or penalty for the
10 or more standing, parking, or compliance violations or
combination of 5 or more automated speed enforcement system or
automated traffic law violations indicated on the certified
report.
    (f) Any municipality or county, other than a municipality
or county establishing vehicular standing, parking, and
compliance regulations pursuant to Section 11-208.3, automated
speed enforcement system regulations under Section 11-208.8,
or automated traffic law regulations under Section 11-208.6,
11-208.9, or 11-1201.1, may also cause a suspension of a
person's drivers license pursuant to this Section. Such
municipality or county may invoke this sanction by making a
certified report to the Secretary of State upon a person's
failure to satisfy any fine or penalty imposed by final
judgment for 10 or more violations of local standing, parking,
or compliance regulations or a combination of 5 or more
automated speed enforcement system or automated traffic law
violations after exhaustion of judicial review procedures, but
only if:
        (1) the municipality or county complies with the
    provisions of this Section in all respects except in regard
    to enacting an ordinance pursuant to Section 11-208.3;
        (2) the municipality or county has sent a notice of
    impending drivers license suspension as prescribed by an
    ordinance enacted pursuant to subsection (g) of this
    Section; and
        (3) in municipalities or counties with a population of
    1,000,000 or more, the municipality or county has verified
    that the alleged violator's State vehicle registration
    number and vehicle make are correct as they appear on the
    citations.
    (g) Any municipality or county, other than a municipality
or county establishing standing, parking, and compliance
regulations pursuant to Section 11-208.3, automated speed
enforcement system regulations under Section 11-208.8, or
automated traffic law regulations under Section 11-208.6,
11-208.9, or 11-1201.1, may provide by ordinance for the
sending of a notice of impending drivers license suspension to
the person who has failed to satisfy any fine or penalty
imposed by final judgment for 10 or more violations of local
standing, parking, or compliance regulations or a combination
of 5 or more automated speed enforcement system or automated
traffic law violations after exhaustion of judicial review
procedures. An ordinance so providing shall specify that the
notice sent to the person liable for any fine or penalty shall
state that failure to pay the fine or penalty owing within 45
days of the notice's date will result in the municipality or
county notifying the Secretary of State that the person's
drivers license is eligible for suspension pursuant to this
Section. The notice of impending drivers license suspension
shall be sent by first class United States mail, postage
prepaid, to the address recorded with the Secretary of State or
at the last address known to the lessor of the cited vehicle at
the time of lease or, if any notice sent under Section 11-208.3
of this Code is returned as undeliverable, to the last known
address recorded in a United States Post Office approved
database.
    (h) An administrative hearing to contest an impending
suspension or a suspension made pursuant to this Section may be
had upon filing a written request with the Secretary of State.
The filing fee for this hearing shall be $20, to be paid at the
time the request is made. A municipality or county which files
a certified report with the Secretary of State pursuant to this
Section shall reimburse the Secretary for all reasonable costs
incurred by the Secretary as a result of the filing of the
report, including but not limited to the costs of providing the
notice required pursuant to subsection (b) and the costs
incurred by the Secretary in any hearing conducted with respect
to the report pursuant to this subsection and any appeal from
such a hearing.
    (i) The provisions of this Section shall apply on and after
January 1, 1988.
    (j) For purposes of this Section, the term "compliance
violation" is defined as in Section 11-208.3.
(Source: P.A. 96-478, eff. 1-1-10; 96-1184, eff. 7-22-10;
96-1386, eff. 7-29-10; 97-333, eff. 8-12-11; 97-672, eff.
7-1-12.)
 
    (625 ILCS 5/11-208)   (from Ch. 95 1/2, par. 11-208)
    Sec. 11-208. Powers of local authorities.
    (a) The provisions of this Code shall not be deemed to
prevent local authorities with respect to streets and highways
under their jurisdiction and within the reasonable exercise of
the police power from:
        1. Regulating the standing or parking of vehicles,
    except as limited by Sections 11-1306 and 11-1307 of this
    Act;
        2. Regulating traffic by means of police officers or
    traffic control signals;
        3. Regulating or prohibiting processions or
    assemblages on the highways;
        4. Designating particular highways as one-way highways
    and requiring that all vehicles thereon be moved in one
    specific direction;
        5. Regulating the speed of vehicles in public parks
    subject to the limitations set forth in Section 11-604;
        6. Designating any highway as a through highway, as
    authorized in Section 11-302, and requiring that all
    vehicles stop before entering or crossing the same or
    designating any intersection as a stop intersection or a
    yield right-of-way intersection and requiring all vehicles
    to stop or yield the right-of-way at one or more entrances
    to such intersections;
        7. Restricting the use of highways as authorized in
    Chapter 15;
        8. Regulating the operation of bicycles and requiring
    the registration and licensing of same, including the
    requirement of a registration fee;
        9. Regulating or prohibiting the turning of vehicles or
    specified types of vehicles at intersections;
        10. Altering the speed limits as authorized in Section
    11-604;
        11. Prohibiting U-turns;
        12. Prohibiting pedestrian crossings at other than
    designated and marked crosswalks or at intersections;
        13. Prohibiting parking during snow removal operation;
        14. Imposing fines in accordance with Section
    11-1301.3 as penalties for use of any parking place
    reserved for persons with disabilities, as defined by
    Section 1-159.1, or disabled veterans by any person using a
    motor vehicle not bearing registration plates specified in
    Section 11-1301.1 or a special decal or device as defined
    in Section 11-1301.2 as evidence that the vehicle is
    operated by or for a person with disabilities or disabled
    veteran;
        15. Adopting such other traffic regulations as are
    specifically authorized by this Code; or
        16. Enforcing the provisions of subsection (f) of
    Section 3-413 of this Code or a similar local ordinance.
    (b) No ordinance or regulation enacted under subsections 1,
4, 5, 6, 7, 9, 10, 11 or 13 of paragraph (a) shall be effective
until signs giving reasonable notice of such local traffic
regulations are posted.
    (c) The provisions of this Code shall not prevent any
municipality having a population of 500,000 or more inhabitants
from prohibiting any person from driving or operating any motor
vehicle upon the roadways of such municipality with headlamps
on high beam or bright.
    (d) The provisions of this Code shall not be deemed to
prevent local authorities within the reasonable exercise of
their police power from prohibiting, on private property, the
unauthorized use of parking spaces reserved for persons with
disabilities.
    (e) No unit of local government, including a home rule
unit, may enact or enforce an ordinance that applies only to
motorcycles if the principal purpose for that ordinance is to
restrict the access of motorcycles to any highway or portion of
a highway for which federal or State funds have been used for
the planning, design, construction, or maintenance of that
highway. No unit of local government, including a home rule
unit, may enact an ordinance requiring motorcycle users to wear
protective headgear. Nothing in this subsection (e) shall
affect the authority of a unit of local government to regulate
motorcycles for traffic control purposes or in accordance with
Section 12-602 of this Code. No unit of local government,
including a home rule unit, may regulate motorcycles in a
manner inconsistent with this Code. This subsection (e) is a
limitation under subsection (i) of Section 6 of Article VII of
the Illinois Constitution on the concurrent exercise by home
rule units of powers and functions exercised by the State.
    (f) A municipality or county designated in Section 11-208.6
may enact an ordinance providing for an automated traffic law
enforcement system to enforce violations of this Code or a
similar provision of a local ordinance and imposing liability
on a registered owner or lessee of a vehicle used in such a
violation.
    (g) A municipality or county, as provided in Section
11-1201.1, may enact an ordinance providing for an automated
traffic law enforcement system to enforce violations of Section
11-1201 of this Code or a similar provision of a local
ordinance and imposing liability on a registered owner of a
vehicle used in such a violation.
    (h) A municipality designated in Section 11-208.8 may enact
an ordinance providing for an automated speed enforcement
system to enforce violations of Article VI of Chapter 11 of
this Code or a similar provision of a local ordinance.
    (i) A municipality or county designated in Section 11-208.9
may enact an ordinance providing for an automated traffic law
enforcement system to enforce violations of Section 11-1414 of
this Code or a similar provision of a local ordinance and
imposing liability on a registered owner or lessee of a vehicle
used in such a violation.
(Source: P.A. 96-478, eff. 1-1-10; 96-1256, eff. 1-1-11; 97-29,
eff. 1-1-12; 97-672, eff. 7-1-12.)
 
    (625 ILCS 5/11-208.3)  (from Ch. 95 1/2, par. 11-208.3)
    Sec. 11-208.3. Administrative adjudication of violations
of traffic regulations concerning the standing, parking, or
condition of vehicles, automated traffic law violations, and
automated speed enforcement system violations.
    (a) Any municipality or county may provide by ordinance for
a system of administrative adjudication of vehicular standing
and parking violations and vehicle compliance violations as
described in this subsection, automated traffic law violations
as defined in Section 11-208.6, 11-208.9, or 11-1201.1, and
automated speed enforcement system violations as defined in
Section 11-208.8. The administrative system shall have as its
purpose the fair and efficient enforcement of municipal or
county regulations through the administrative adjudication of
automated speed enforcement system or automated traffic law
violations and violations of municipal or county ordinances
regulating the standing and parking of vehicles, the condition
and use of vehicle equipment, and the display of municipal or
county wheel tax licenses within the municipality's or county's
borders. The administrative system shall only have authority to
adjudicate civil offenses carrying fines not in excess of $500
or requiring the completion of a traffic education program, or
both, that occur after the effective date of the ordinance
adopting such a system under this Section. For purposes of this
Section, "compliance violation" means a violation of a
municipal or county regulation governing the condition or use
of equipment on a vehicle or governing the display of a
municipal or county wheel tax license.
    (b) Any ordinance establishing a system of administrative
adjudication under this Section shall provide for:
        (1) A traffic compliance administrator authorized to
    adopt, distribute and process parking, compliance, and
    automated speed enforcement system or automated traffic
    law violation notices and other notices required by this
    Section, collect money paid as fines and penalties for
    violation of parking and compliance ordinances and
    automated speed enforcement system or automated traffic
    law violations, and operate an administrative adjudication
    system. The traffic compliance administrator also may make
    a certified report to the Secretary of State under Section
    6-306.5.
        (2) A parking, standing, compliance, automated speed
    enforcement system, or automated traffic law violation
    notice that shall specify the date, time, and place of
    violation of a parking, standing, compliance, automated
    speed enforcement system, or automated traffic law
    regulation; the particular regulation violated; any
    requirement to complete a traffic education program; the
    fine and any penalty that may be assessed for late payment
    or failure to complete a required traffic education
    program, or both, when so provided by ordinance; the
    vehicle make and state registration number; and the
    identification number of the person issuing the notice.
    With regard to automated speed enforcement system or
    automated traffic law violations, vehicle make shall be
    specified on the automated speed enforcement system or
    automated traffic law violation notice if the make is
    available and readily discernible. With regard to
    municipalities or counties with a population of 1 million
    or more, it shall be grounds for dismissal of a parking
    violation if the state registration number or vehicle make
    specified is incorrect. The violation notice shall state
    that the completion of any required traffic education
    program, the payment of any indicated fine, and the payment
    of any applicable penalty for late payment or failure to
    complete a required traffic education program, or both,
    shall operate as a final disposition of the violation. The
    notice also shall contain information as to the
    availability of a hearing in which the violation may be
    contested on its merits. The violation notice shall specify
    the time and manner in which a hearing may be had.
        (3) Service of the parking, standing, or compliance
    violation notice by affixing the original or a facsimile of
    the notice to an unlawfully parked vehicle or by handing
    the notice to the operator of a vehicle if he or she is
    present and service of an automated speed enforcement
    system or automated traffic law violation notice by mail to
    the address of the registered owner or lessee of the cited
    vehicle as recorded with the Secretary of State or the
    lessor of the motor vehicle within 30 days after the
    Secretary of State or the lessor of the motor vehicle
    notifies the municipality or county of the identity of the
    owner or lessee of the vehicle, but not later than 90 days
    after the violation, except that in the case of a lessee of
    a motor vehicle, service of an automated traffic law
    violation notice may occur no later than 210 days after the
    violation. A person authorized by ordinance to issue and
    serve parking, standing, and compliance violation notices
    shall certify as to the correctness of the facts entered on
    the violation notice by signing his or her name to the
    notice at the time of service or in the case of a notice
    produced by a computerized device, by signing a single
    certificate to be kept by the traffic compliance
    administrator attesting to the correctness of all notices
    produced by the device while it was under his or her
    control. In the case of an automated traffic law violation,
    the ordinance shall require a determination by a technician
    employed or contracted by the municipality or county that,
    based on inspection of recorded images, the motor vehicle
    was being operated in violation of Section 11-208.6,
    11-208.9, or 11-1201.1 or a local ordinance. If the
    technician determines that the vehicle entered the
    intersection as part of a funeral procession or in order to
    yield the right-of-way to an emergency vehicle, a citation
    shall not be issued. In municipalities with a population of
    less than 1,000,000 inhabitants and counties with a
    population of less than 3,000,000 inhabitants, the
    automated traffic law ordinance shall require that all
    determinations by a technician that a motor vehicle was
    being operated in violation of Section 11-208.6, 11-208.9,
    or 11-1201.1 or a local ordinance must be reviewed and
    approved by a law enforcement officer or retired law
    enforcement officer of the municipality or county issuing
    the violation. In municipalities with a population of
    1,000,000 or more inhabitants and counties with a
    population of 3,000,000 or more inhabitants, the automated
    traffic law ordinance shall require that all
    determinations by a technician that a motor vehicle was
    being operated in violation of Section 11-208.6, 11-208.9,
    or 11-1201.1 or a local ordinance must be reviewed and
    approved by a law enforcement officer or retired law
    enforcement officer of the municipality or county issuing
    the violation or by an additional fully-trained reviewing
    technician who is not employed by the contractor who
    employs the technician who made the initial determination.
    In the case of an automated speed enforcement system
    violation, the ordinance shall require a determination by a
    technician employed by the municipality, based upon an
    inspection of recorded images, video or other
    documentation, including documentation of the speed limit
    and automated speed enforcement signage, and documentation
    of the inspection, calibration, and certification of the
    speed equipment, that the vehicle was being operated in
    violation of Article VI of Chapter 11 of this Code or a
    similar local ordinance. If the technician determines that
    the vehicle speed was not determined by a calibrated,
    certified speed equipment device based upon the speed
    equipment documentation, or if the vehicle was an emergency
    vehicle, a citation may not be issued. The automated speed
    enforcement ordinance shall require that all
    determinations by a technician that a violation occurred be
    reviewed and approved by a law enforcement officer or
    retired law enforcement officer of the municipality
    issuing the violation or by an additional fully trained
    reviewing technician who is not employed by the contractor
    who employs the technician who made the initial
    determination. Routine and independent calibration of the
    speeds produced by automated speed enforcement systems and
    equipment shall be conducted by a qualified technician.
    Speeds produced by an automated speed enforcement system
    shall be compared with speeds produced by lidar or other
    independent equipment. Qualified technicians shall test
    radar or lidar equipment no less frequently than once each
    week, and shall test loop based equipment no less
    frequently than once a year. Radar equipment shall be
    checked for accuracy by a qualified technician when the
    unit is serviced, when unusual or suspect readings persist,
    or when deemed necessary by a reviewing technician. Radar
    equipment shall be checked with certified tuning forks, the
    internal circuit test, and diode display test whenever the
    radar is turned on. Technicians must be alert for any
    unusual or suspect readings, and if unusual or suspect
    readings of a radar unit persist, that unit shall
    immediately be removed from service and not returned to
    service until it has been checked by a qualified technician
    and determined to be functioning properly. Documentation
    of the calibration results, including the equipment
    tested, test date, technician performing the test, and test
    results, shall be maintained and available for use in the
    determination of an automated speed enforcement system
    violation and issuance of a citation. The technician
    performing the calibration and testing of the automated
    speed enforcement equipment shall be trained and certified
    in the use of equipment for speed enforcement purposes.
    Training on the speed enforcement equipment may be
    conducted by law enforcement, civilian, or manufacturer's
    personnel and shall be equivalent to the equipment use and
    operations training included in the Speed Measuring Device
    Operator Program developed by the National Highway Traffic
    Safety Administration (NHTSA). The technician who performs
    the work shall keep accurate records on each piece of
    equipment the technician calibrates and tests. As used in
    this paragraph, "fully-trained reviewing technician" means
    a person who has received at least 40 hours of supervised
    training in subjects which shall include image inspection
    and interpretation, the elements necessary to prove a
    violation, license plate identification, and traffic
    safety and management. In all municipalities and counties,
    the automated speed enforcement system or automated
    traffic law ordinance shall require that no additional fee
    shall be charged to the alleged violator for exercising his
    or her right to an administrative hearing, and persons
    shall be given at least 25 days following an administrative
    hearing to pay any civil penalty imposed by a finding that
    Section 11-208.6, 11-208.8, 11-208.9, or 11-1201.1 or a
    similar local ordinance has been violated. The original or
    a facsimile of the violation notice or, in the case of a
    notice produced by a computerized device, a printed record
    generated by the device showing the facts entered on the
    notice, shall be retained by the traffic compliance
    administrator, and shall be a record kept in the ordinary
    course of business. A parking, standing, compliance,
    automated speed enforcement system, or automated traffic
    law violation notice issued, signed and served in
    accordance with this Section, a copy of the notice, or the
    computer generated record shall be prima facie correct and
    shall be prima facie evidence of the correctness of the
    facts shown on the notice. The notice, copy, or computer
    generated record shall be admissible in any subsequent
    administrative or legal proceedings.
        (4) An opportunity for a hearing for the registered
    owner of the vehicle cited in the parking, standing,
    compliance, automated speed enforcement system, or
    automated traffic law violation notice in which the owner
    may contest the merits of the alleged violation, and during
    which formal or technical rules of evidence shall not
    apply; provided, however, that under Section 11-1306 of
    this Code the lessee of a vehicle cited in the violation
    notice likewise shall be provided an opportunity for a
    hearing of the same kind afforded the registered owner. The
    hearings shall be recorded, and the person conducting the
    hearing on behalf of the traffic compliance administrator
    shall be empowered to administer oaths and to secure by
    subpoena both the attendance and testimony of witnesses and
    the production of relevant books and papers. Persons
    appearing at a hearing under this Section may be
    represented by counsel at their expense. The ordinance may
    also provide for internal administrative review following
    the decision of the hearing officer.
        (5) Service of additional notices, sent by first class
    United States mail, postage prepaid, to the address of the
    registered owner of the cited vehicle as recorded with the
    Secretary of State or, if any notice to that address is
    returned as undeliverable, to the last known address
    recorded in a United States Post Office approved database,
    or, under Section 11-1306 or subsection (p) of Section
    11-208.6 or 11-208.9, or subsection (p) of Section 11-208.8
    of this Code, to the lessee of the cited vehicle at the
    last address known to the lessor of the cited vehicle at
    the time of lease or, if any notice to that address is
    returned as undeliverable, to the last known address
    recorded in a United States Post Office approved database.
    The service shall be deemed complete as of the date of
    deposit in the United States mail. The notices shall be in
    the following sequence and shall include but not be limited
    to the information specified herein:
            (i) A second notice of parking, standing, or
        compliance violation. This notice shall specify the
        date and location of the violation cited in the
        parking, standing, or compliance violation notice, the
        particular regulation violated, the vehicle make and
        state registration number, any requirement to complete
        a traffic education program, the fine and any penalty
        that may be assessed for late payment or failure to
        complete a traffic education program, or both, when so
        provided by ordinance, the availability of a hearing in
        which the violation may be contested on its merits, and
        the time and manner in which the hearing may be had.
        The notice of violation shall also state that failure
        to complete a required traffic education program, to
        pay the indicated fine and any applicable penalty, or
        to appear at a hearing on the merits in the time and
        manner specified, will result in a final determination
        of violation liability for the cited violation in the
        amount of the fine or penalty indicated, and that, upon
        the occurrence of a final determination of violation
        liability for the failure, and the exhaustion of, or
        failure to exhaust, available administrative or
        judicial procedures for review, any incomplete traffic
        education program or any unpaid fine or penalty, or
        both, will constitute a debt due and owing the
        municipality or county.
            (ii) A notice of final determination of parking,
        standing, compliance, automated speed enforcement
        system, or automated traffic law violation liability.
        This notice shall be sent following a final
        determination of parking, standing, compliance,
        automated speed enforcement system, or automated
        traffic law violation liability and the conclusion of
        judicial review procedures taken under this Section.
        The notice shall state that the incomplete traffic
        education program or the unpaid fine or penalty, or
        both, is a debt due and owing the municipality or
        county. The notice shall contain warnings that failure
        to complete any required traffic education program or
        to pay any fine or penalty due and owing the
        municipality or county, or both, within the time
        specified may result in the municipality's or county's
        filing of a petition in the Circuit Court to have the
        incomplete traffic education program or unpaid fine or
        penalty, or both, rendered a judgment as provided by
        this Section, or may result in suspension of the
        person's drivers license for failure to complete a
        traffic education program or to pay fines or penalties,
        or both, for 10 or more parking violations under
        Section 6-306.5, or a combination of 5 or more
        automated traffic law violations under Section
        11-208.6 or 11-208.9 or automated speed enforcement
        system violations under Section 11-208.8.
        (6) A notice of impending drivers license suspension.
    This notice shall be sent to the person liable for failure
    to complete a required traffic education program or to pay
    any fine or penalty that remains due and owing, or both, on
    10 or more parking violations or combination of 5 or more
    unpaid automated speed enforcement system or automated
    traffic law violations. The notice shall state that failure
    to complete a required traffic education program or to pay
    the fine or penalty owing, or both, within 45 days of the
    notice's date will result in the municipality or county
    notifying the Secretary of State that the person is
    eligible for initiation of suspension proceedings under
    Section 6-306.5 of this Code. The notice shall also state
    that the person may obtain a photostatic copy of an
    original ticket imposing a fine or penalty by sending a
    self addressed, stamped envelope to the municipality or
    county along with a request for the photostatic copy. The
    notice of impending drivers license suspension shall be
    sent by first class United States mail, postage prepaid, to
    the address recorded with the Secretary of State or, if any
    notice to that address is returned as undeliverable, to the
    last known address recorded in a United States Post Office
    approved database.
        (7) Final determinations of violation liability. A
    final determination of violation liability shall occur
    following failure to complete the required traffic
    education program or to pay the fine or penalty, or both,
    after a hearing officer's determination of violation
    liability and the exhaustion of or failure to exhaust any
    administrative review procedures provided by ordinance.
    Where a person fails to appear at a hearing to contest the
    alleged violation in the time and manner specified in a
    prior mailed notice, the hearing officer's determination
    of violation liability shall become final: (A) upon denial
    of a timely petition to set aside that determination, or
    (B) upon expiration of the period for filing the petition
    without a filing having been made.
        (8) A petition to set aside a determination of parking,
    standing, compliance, automated speed enforcement system,
    or automated traffic law violation liability that may be
    filed by a person owing an unpaid fine or penalty. A
    petition to set aside a determination of liability may also
    be filed by a person required to complete a traffic
    education program. The petition shall be filed with and
    ruled upon by the traffic compliance administrator in the
    manner and within the time specified by ordinance. The
    grounds for the petition may be limited to: (A) the person
    not having been the owner or lessee of the cited vehicle on
    the date the violation notice was issued, (B) the person
    having already completed the required traffic education
    program or paid the fine or penalty, or both, for the
    violation in question, and (C) excusable failure to appear
    at or request a new date for a hearing. With regard to
    municipalities or counties with a population of 1 million
    or more, it shall be grounds for dismissal of a parking
    violation if the state registration number, or vehicle make
    if specified, is incorrect. After the determination of
    parking, standing, compliance, automated speed enforcement
    system, or automated traffic law violation liability has
    been set aside upon a showing of just cause, the registered
    owner shall be provided with a hearing on the merits for
    that violation.
        (9) Procedures for non-residents. Procedures by which
    persons who are not residents of the municipality or county
    may contest the merits of the alleged violation without
    attending a hearing.
        (10) A schedule of civil fines for violations of
    vehicular standing, parking, compliance, automated speed
    enforcement system, or automated traffic law regulations
    enacted by ordinance pursuant to this Section, and a
    schedule of penalties for late payment of the fines or
    failure to complete required traffic education programs,
    provided, however, that the total amount of the fine and
    penalty for any one violation shall not exceed $250, except
    as provided in subsection (c) of Section 11-1301.3 of this
    Code.
        (11) Other provisions as are necessary and proper to
    carry into effect the powers granted and purposes stated in
    this Section.
    (c) Any municipality or county establishing vehicular
standing, parking, compliance, automated speed enforcement
system, or automated traffic law regulations under this Section
may also provide by ordinance for a program of vehicle
immobilization for the purpose of facilitating enforcement of
those regulations. The program of vehicle immobilization shall
provide for immobilizing any eligible vehicle upon the public
way by presence of a restraint in a manner to prevent operation
of the vehicle. Any ordinance establishing a program of vehicle
immobilization under this Section shall provide:
        (1) Criteria for the designation of vehicles eligible
    for immobilization. A vehicle shall be eligible for
    immobilization when the registered owner of the vehicle has
    accumulated the number of incomplete traffic education
    programs or unpaid final determinations of parking,
    standing, compliance, automated speed enforcement system,
    or automated traffic law violation liability, or both, as
    determined by ordinance.
        (2) A notice of impending vehicle immobilization and a
    right to a hearing to challenge the validity of the notice
    by disproving liability for the incomplete traffic
    education programs or unpaid final determinations of
    parking, standing, compliance, automated speed enforcement
    system, or automated traffic law violation liability, or
    both, listed on the notice.
        (3) The right to a prompt hearing after a vehicle has
    been immobilized or subsequently towed without the
    completion of the required traffic education program or
    payment of the outstanding fines and penalties on parking,
    standing, compliance, automated speed enforcement system,
    or automated traffic law violations, or both, for which
    final determinations have been issued. An order issued
    after the hearing is a final administrative decision within
    the meaning of Section 3-101 of the Code of Civil
    Procedure.
        (4) A post immobilization and post-towing notice
    advising the registered owner of the vehicle of the right
    to a hearing to challenge the validity of the impoundment.
    (d) Judicial review of final determinations of parking,
standing, compliance, automated speed enforcement system, or
automated traffic law violations and final administrative
decisions issued after hearings regarding vehicle
immobilization and impoundment made under this Section shall be
subject to the provisions of the Administrative Review Law.
    (e) Any fine, penalty, incomplete traffic education
program, or part of any fine or any penalty remaining unpaid
after the exhaustion of, or the failure to exhaust,
administrative remedies created under this Section and the
conclusion of any judicial review procedures shall be a debt
due and owing the municipality or county and, as such, may be
collected in accordance with applicable law. Completion of any
required traffic education program and payment in full of any
fine or penalty resulting from a standing, parking, compliance,
automated speed enforcement system, or automated traffic law
violation shall constitute a final disposition of that
violation.
    (f) After the expiration of the period within which
judicial review may be sought for a final determination of
parking, standing, compliance, automated speed enforcement
system, or automated traffic law violation, the municipality or
county may commence a proceeding in the Circuit Court for
purposes of obtaining a judgment on the final determination of
violation. Nothing in this Section shall prevent a municipality
or county from consolidating multiple final determinations of
parking, standing, compliance, automated speed enforcement
system, or automated traffic law violations against a person in
a proceeding. Upon commencement of the action, the municipality
or county shall file a certified copy or record of the final
determination of parking, standing, compliance, automated
speed enforcement system, or automated traffic law violation,
which shall be accompanied by a certification that recites
facts sufficient to show that the final determination of
violation was issued in accordance with this Section and the
applicable municipal or county ordinance. Service of the
summons and a copy of the petition may be by any method
provided by Section 2-203 of the Code of Civil Procedure or by
certified mail, return receipt requested, provided that the
total amount of fines and penalties for final determinations of
parking, standing, compliance, automated speed enforcement
system, or automated traffic law violations does not exceed
$2500. If the court is satisfied that the final determination
of parking, standing, compliance, automated speed enforcement
system, or automated traffic law violation was entered in
accordance with the requirements of this Section and the
applicable municipal or county ordinance, and that the
registered owner or the lessee, as the case may be, had an
opportunity for an administrative hearing and for judicial
review as provided in this Section, the court shall render
judgment in favor of the municipality or county and against the
registered owner or the lessee for the amount indicated in the
final determination of parking, standing, compliance,
automated speed enforcement system, or automated traffic law
violation, plus costs. The judgment shall have the same effect
and may be enforced in the same manner as other judgments for
the recovery of money.
    (g) The fee for participating in a traffic education
program under this Section shall not exceed $25.
    A low-income individual required to complete a traffic
education program under this Section who provides proof of
eligibility for the federal earned income tax credit under
Section 32 of the Internal Revenue Code or the Illinois earned
income tax credit under Section 212 of the Illinois Income Tax
Act shall not be required to pay any fee for participating in a
required traffic education program.
(Source: P.A. 96-288, eff. 8-11-09; 96-478, eff. 1-1-10;
96-1000, eff. 7-2-10; 96-1016, eff. 1-1-11; 96-1386, eff.
7-29-10; 97-29, eff. 1-1-12; 97-333, eff. 8-12-11; 97-672, eff.
7-1-12.)
 
    (625 ILCS 5/11-208.9 new)
    Sec. 11-208.9. Automated traffic law enforcement system;
approaching, overtaking, and passing a school bus.
    (a) As used in this Section, "automated traffic law
enforcement system" means a device with one or more motor
vehicle sensors working in conjunction with the visual signals
on a school bus, as specified in Sections 12-803 and 12-805 of
this Code, to produce recorded images of motor vehicles that
fail to stop before meeting or overtaking, from either
direction, any school bus stopped at any location for the
purpose of receiving or discharging pupils in violation of
Section 11-1414 of this Code or a similar provision of a local
ordinance.
    An automated traffic law enforcement system is a system, in
a municipality or county operated by a governmental agency,
that produces a recorded image of a motor vehicle's violation
of a provision of this Code or a local ordinance and is
designed to obtain a clear recorded image of the vehicle and
the vehicle's license plate. The recorded image must also
display the time, date, and location of the violation.
    (b) As used in this Section, "recorded images" means images
recorded by an automated traffic law enforcement system on:
        (1) 2 or more photographs;
        (2) 2 or more microphotographs;
        (3) 2 or more electronic images; or
        (4) a video recording showing the motor vehicle and, on
    at least one image or portion of the recording, clearly
    identifying the registration plate number of the motor
    vehicle.
    (c) A municipality or county that produces a recorded image
of a motor vehicle's violation of a provision of this Code or a
local ordinance must make the recorded images of a violation
accessible to the alleged violator by providing the alleged
violator with a website address, accessible through the
Internet.
    (d) For each violation of a provision of this Code or a
local ordinance recorded by an automated traffic law
enforcement system, the county or municipality having
jurisdiction shall issue a written notice of the violation to
the registered owner of the vehicle as the alleged violator.
The notice shall be delivered to the registered owner of the
vehicle, by mail, within 30 days after the Secretary of State
notifies the municipality or county of the identity of the
owner of the vehicle, but in no event later than 90 days after
the violation.
    (e) The notice required under subsection (d) shall include:
        (1) the name and address of the registered owner of the
    vehicle;
        (2) the registration number of the motor vehicle
    involved in the violation;
        (3) the violation charged;
        (4) the location where the violation occurred;
        (5) the date and time of the violation;
        (6) a copy of the recorded images;
        (7) the amount of the civil penalty imposed and the
    date by which the civil penalty should be paid;
        (8) a statement that recorded images are evidence of a
    violation of overtaking or passing a school bus stopped for
    the purpose of receiving or discharging pupils;
        (9) a warning that failure to pay the civil penalty or
    to contest liability in a timely manner is an admission of
    liability and may result in a suspension of the driving
    privileges of the registered owner of the vehicle;
        (10) a statement that the person may elect to proceed
    by:
            (A) paying the fine; or
            (B) challenging the charge in court, by mail, or by
        administrative hearing; and
        (11) a website address, accessible through the
    Internet, where the person may view the recorded images of
    the violation.
    (f) If a person charged with a traffic violation, as a
result of an automated traffic law enforcement system under
this Section, does not pay the fine or successfully contest the
civil penalty resulting from that violation, the Secretary of
State shall suspend the driving privileges of the registered
owner of the vehicle under Section 6-306.5 of this Code for
failing to pay any fine or penalty due and owing as a result of
a combination of 5 violations of the automated traffic law
enforcement system or the automated speed enforcement system
under Section 11-208.8 of this Code.
    (g) Based on inspection of recorded images produced by an
automated traffic law enforcement system, a notice alleging
that the violation occurred shall be evidence of the facts
contained in the notice and admissible in any proceeding
alleging a violation under this Section.
    (h) Recorded images made by an automated traffic law
enforcement system are confidential and shall be made available
only to the alleged violator and governmental and law
enforcement agencies for purposes of adjudicating a violation
of this Section, for statistical purposes, or for other
governmental purposes. Any recorded image evidencing a
violation of this Section, however, may be admissible in any
proceeding resulting from the issuance of the citation.
    (i) The court or hearing officer may consider in defense of
a violation:
        (1) that the motor vehicle or registration plates of
    the motor vehicle were stolen before the violation occurred
    and not under the control of or in the possession of the
    owner at the time of the violation;
        (2) that the driver of the motor vehicle received a
    Uniform Traffic Citation from a police officer for a
    violation of Section 11-1414 of this Code within one-eighth
    of a mile and 15 minutes of the violation that was recorded
    by the system;
        (3) that the visual signals required by Sections 12-803
    and 12-805 of this Code were damaged, not activated, not
    present in violation of Sections 12-803 and 12-805, or
    inoperable; and
        (4) any other evidence or issues provided by municipal
    or county ordinance.
    (j) To demonstrate that the motor vehicle or the
registration plates were stolen before the violation occurred
and were not under the control or possession of the owner at
the time of the violation, the owner must submit proof that a
report concerning the stolen motor vehicle or registration
plates was filed with a law enforcement agency in a timely
manner.
    (k) Unless the driver of the motor vehicle received a
Uniform Traffic Citation from a police officer at the time of
the violation, the motor vehicle owner is subject to a civil
penalty not exceeding $150 for a first time violation or $500
for a second or subsequent violation, plus an additional
penalty of not more than $100 for failure to pay the original
penalty in a timely manner, if the motor vehicle is recorded by
an automated traffic law enforcement system. A violation for
which a civil penalty is imposed under this Section is not a
violation of a traffic regulation governing the movement of
vehicles and may not be recorded on the driving record of the
owner of the vehicle, but may be recorded by the municipality
or county for the purpose of determining if a person is subject
to the higher fine for a second or subsequent offense.
    (l) A school bus equipped with an automated traffic law
enforcement system must be posted with a sign indicating that
the school bus is being monitored by an automated traffic law
enforcement system.
    (m) A municipality or county that has one or more school
buses equipped with an automated traffic law enforcement system
must provide notice to drivers by posting a list of school
districts using school buses equipped with an automated traffic
law enforcement system on the municipality or county website.
School districts that have one or more school buses equipped
with an automated traffic law enforcement system must provide
notice to drivers by posting that information on their
websites.
    (n) A municipality or county operating an automated traffic
law enforcement system shall conduct a statistical analysis to
assess the safety impact in each school district using school
buses equipped with an automated traffic law enforcement system
following installation of the system. The statistical analysis
shall be based upon the best available crash, traffic, and
other data, and shall cover a period of time before and after
installation of the system sufficient to provide a
statistically valid comparison of safety impact. The
statistical analysis shall be consistent with professional
judgment and acceptable industry practice. The statistical
analysis also shall be consistent with the data required for
valid comparisons of before and after conditions and shall be
conducted within a reasonable period following the
installation of the automated traffic law enforcement system.
The statistical analysis required by this subsection shall be
made available to the public and shall be published on the
website of the municipality or county. If the statistical
analysis for the 36-month period following installation of the
system indicates that there has been an increase in the rate of
accidents at the approach to school buses monitored by the
system, the municipality or county shall undertake additional
studies to determine the cause and severity of the accidents,
and may take any action that it determines is necessary or
appropriate to reduce the number or severity of the accidents
involving school buses equipped with an automated traffic law
enforcement system.
    (o) The compensation paid for an automated traffic law
enforcement system must be based on the value of the equipment
or the services provided and may not be based on the number of
traffic citations issued or the revenue generated by the
system.
    (p) No person who is the lessor of a motor vehicle pursuant
to a written lease agreement shall be liable for an automated
speed or traffic law enforcement system violation involving
such motor vehicle during the period of the lease; provided
that upon the request of the appropriate authority received
within 120 days after the violation occurred, the lessor
provides within 60 days after such receipt the name and address
of the lessee. The drivers license number of a lessee may be
subsequently individually requested by the appropriate
authority if needed for enforcement of this Section.
    Upon the provision of information by the lessor pursuant to
this subsection, the county or municipality may issue the
violation to the lessee of the vehicle in the same manner as it
would issue a violation to a registered owner of a vehicle
pursuant to this Section, and the lessee may be held liable for
the violation.
    (q) A municipality or county shall make a certified report
to the Secretary of State pursuant to Section 6-306.5 of this
Code whenever a registered owner of a vehicle has failed to pay
any fine or penalty due and owing as a result of a combination
of 5 offenses for automated traffic law or speed enforcement
system violations.
    (r) After a municipality or county enacts an ordinance
providing for automated traffic law enforcement systems under
this Section, each school district within that municipality or
county's jurisdiction may implement an automated traffic law
enforcement system under this Section. The elected school board
for that district must approve the implementation of an
automated traffic law enforcement system. The school district
shall be responsible for entering into a contract, approved by
the elected school board of that district, with vendors for the
installation, maintenance, and operation of the automated
traffic law enforcement system. The school district must enter
into an intergovernmental agreement, approved by the elected
school board of that district, with the municipality or county
with jurisdiction over that school district for the
administration of the automated traffic law enforcement
system. The proceeds from a school district's automated traffic
law enforcement system's fines shall be divided equally between
the school district and the municipality or county
administering the automated traffic law enforcement system.